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Home My WebLink About20191955.tiffnivviTOAA 64 (Ay egional Communications To: Board of County Commissioners Weld County Regional Communications Center 1551 N 17th Avenue, Ste 2, Greeley, CO 80631 Phone: 970-350-9600 x4 Fax: 970-304-6501 WC.'Rava Weld(iov.com www.co.weld.co.us The attached in the construction contract that the BOCC approved the bid on 06-10-2019 for the construction of the Grover Radio Tower Replacement Project. ()titkz.9 Michael R Wallace, ENP Director of Public Safety Communications ao19 -1'f55 �-�R-r9 7-,z9,i9 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & EASTEX Tower, LLC. GROVER COMMUNICATIONS TOWER THIS AGREEMENT is made and entered into this 2nd day of July, 2019, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and EasTex Tower, LLC, a limited liability company], who whose address is 7345 Templeton Gap Road, Colorado Springs, CO 80923, hereinafter referred to as "Contractor". WHEREAS, the Grover Communications Tower located in Section 21, Township 11 North, Range 60 West of the 6th P.M. In Weld County, Colorado, Weld County Parcel No. 021521100005, 40-45-46.97 N, 104- 05-23.83 W is in need of replacement, (hereinafter referred to as the "Project"), and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B: 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 Exhibits A & B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1900096". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit_A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Safety Communications or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. 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 Exhibit A and c2o/ within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Weld County Director of Public Safety Communications 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. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. 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 materials 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, 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 incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." 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. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $312,162.70, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Weld County Director of Public Safety Communications, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 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 from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 8. Subcontractors. 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 Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to 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 financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. 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 construction services 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 construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, 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 construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above - described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. 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. Any modification to these requirements must be made in writing by Weld County. 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 construction 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. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, 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, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary toss 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. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's Insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under Its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. 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. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays In delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, and all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, the Weld County Director of Public Safety Communications, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or , d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: EasTex Tower Attn.: Jim Miller, CEO Address: 7345 Templeton Gap Rd. Address: Colorado Springs CO 80923 E-mail: jim@ettower.com Facsimile:719.632.6848 With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Michael R Wallace, ENP, CMCP Position: Weld County Director of Public Safety Communications Address: 1551 N 17th Ave., Suite 2 Address: Greeley, CO 80631 E-mail: mrwallace@weldgov.com Facsimile: (970) 304-6501 18. 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. 19. 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. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Confiict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing In this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. 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 of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). 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 the public contract for services 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, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, 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 of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if 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 pursuant to C.R.S. § 24-76.5-103(4), 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 C.R.S. § 24- 76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-103 prior to the effective date of the contract. 29. Attorneys' 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. 30. 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. 31. 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. 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 2nd day of July, 2019. CONTRACTOR: EasTex Tower By: Nave . art es M Dempsey e: ProjectManager Date 7-2-19 WELD TOUlak ATTEST: �j Weld • ty Clerk to t BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy CI,to he • ,f ,r" �•"=arbara Kirkmeyer hair 21.1 2 13 2.019 020/9— % fc� REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 DATE: April 23, 2019 BID NUMBER: #B1900096 DESCRIPTION: Grover Communications Tower DEPARTMENT: Communications BID OPENING DATE: May 17, 2019 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County'), wishes to purchase the following: New 280 -Foot Self -Supporting Communications Tower A mandatory pre -bid conference will be held on May 3, 2019 at 10:00 AM, at the Weld County Grover parcel #: PT N2NE4 21 11 60 LOT A REC EXEMPT RE -4715. The Tower site is located in a field 1/2 mile west of crossroads of County Road 105 and County Road 128. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street, Room #107 Greeley, CO 80631 until: May 17, 2019 A. 10:00 AM (Weld County Purchasing Time Clock). PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at https://www.weldgov.com/departments/purchasing located under "Current Requests". And, on the Bid net Direct website at vvww.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County— 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weIdgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107, Greeley, CO 80631. Pease call Purchasing at 970-400-4222 or 4223 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: ENT ODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by on, of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, 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.'idders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director 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 Controller/Purchasing Director/Purchasing Director; 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 :he withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may oe awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. SUCCESSFUL BIDDER HIRING PRACTICES — ILLEGAL ALIENUS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alirn who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, BID REQUEST #B1900096 Page 2 through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that feils to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work u nder this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting ,J', ith 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 n otice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, u ndertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Co .rado program, Succrssful bidder shall, within twe-ty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual n atural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the oid, Weld County does not warrant shat funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential inform lion: Weld County discourages bidders from submitting confidential information, including tretde secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and noseparately icettified. Any document which is incorporated as an exhibit into :Any contract executed by the C• unty shall be a public document regardless of whether it is marked as confidential. crat BID REQUEST #B1900096 Page 3 C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) BID REQUEST #B1900096 Page 4 days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to BID REQUEST #B1900096 Page 5 any cause beyond its reasonable control, including but not limited to Acts of G earthquakes or Governmental actions. • d, fires, strikes, war, flood, R. Non-Exclusiv Agreement: This Agreement is nnexclusive and County may engage or use other contr. curs or persons to perform services of the same or similar nature. S. Employee Financial hiterest/Conthict of Onterest ® C.R.S. §24-18-201 et seq. and §24=5O=5O7o The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the sera- ice r property which is the subject mater of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not mploy any person having such kn•n interests. During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in C.•;unty's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Sev-:rability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the bard of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at II times during the term of the Agreement, or any ext nsion thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiraion dale thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - a FOsiShilii&".3 't'4`J/S%ad t.+.Ds, M ftimrg��l l .'•r?{yf j L�/?Anr, ia.MM"' i i�`�x'awe'.°s`Y.t'.� BID REQUEST #B1900096 Page 6 insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury BID REQUEST #B1900096 Page 7 Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B1900096 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: The entire project will be completed in two phases with phase one consisting of the design, construction and antenna installation of a new 280 -foot self-supporting communications tower. Construction shall begin in the month of October 2019. The second phase includes deconstruction, removal, and disposal of existing 250 - foot guyed tower once the new tower is completed. Deconstruction will not remove any existing tower anchor points. Weld County has a tenant on the existing tower. The tenant will be provided 30 days to move the tenant's antenna equipment from the old tower to the new tower prior to deconstruction. The tower shall be located in Section 21, Township 11 North, Range 60 West of the 6th P.M. in Weld County, Colorado, Weld County Parcel No. 021521100005, 40-45-46.97 N, 104-05-23.83 W. The NEPA and SHPO reports have been completed with a "Finding of No Significant Impact" (FONSI). The Final NEPA Report is attached, "Grover NEPA Final.pdf". The FAA Aeronautical Study (No. 2017-ANM-5315-OE) with a Determination of No Hazard (DNEFT) is included in the Final NEPA Report. The FCC Antenna Structure Registration (ASR) has been applied for and assigned ASR # 1306537. The ASR is attached, "Grover New ASR1306537.pdf. The successful bidder will: • Design and construct a 280 -foot self-supporting communications tower to meet EIA/TIA 222-G standards for a Public Safety Communications (Class III) Tower supporting the tower load identified in the attachment "Tower Loading Requirements.pdf. The tower design should include three 6 -foot sidearms (one on each leg) at the 280 -foot level, three 6 -foot sidearms (one on each leg) at the 265 - foot level, include a cable ladder, a tower ground bus bar, and a safety climb system. • Use the attached geotechnical report, "Geotechnical Engineering Report.pdf" to design the appropriate foundation for the proposed tower. • Comply with the terms specified within the Final NEPA Report, particularly Section 3.0 Conclusions and the associated information in Appendix E. • Provide and install structure marker/lighting in accordance with FAA Advisory circular 70/7460-1 L Change 1, Obstruction Marking and Lighting, a med-dual system - Chapters 4,8(M -Dual), & 12. The lighting system must have alarm reporting contact points (dry contact closures) to be integrated into customer monitoring equipment for lighting status changes and alarms. • Provide an Ice Bridge to route cabling from the tower to the existing on -site shelter. • Supply a VHF antenna, CommScope DB224-A, AVA5-50 coaxial cable, attachment and grounding hardware to be mounted on one of the 280 -foot side arms. • Move the Andrew PAR8-65-PXA microwave antenna with radome and dual split -mount MNI microwave ODUs from the existing tower 225 -foot level to the new tower at the same level with an azimuth of 248.4 degrees. Align the microwave hop for optimal signal levels. The other end of the microwave hop is located at 16054 CR 100, Nunn, Colorado (N 40 42' 41.2", W104 45' 7.2"), mounted at 345 foot. • Provide and install two (2) new LMR-400 coaxial cable runs with twelve (12) type N male connectors, attachment and grounding hardware for the microwave antenna move listed above. • Install one (1) new Bird 101-83B-09-0-03 omni directional antenna with AVA6-50 coaxial cable and connectors on one of the 280 -foot side arms. This equipment shall be provided by Weld County. BID REQUEST #61900096 Page 9 • Install one (1) new Bird tower top amplifier with one (1) AVA6-50 coaxial cable, one (1) LDF4-50 coaxial cable and connectors on one of the 280 -foot side arms. This equipment shall be provided by Weld County. • Install one (1) new Bird 101-83B-09-0-03 omni directional antenna with AVA6-50 coaxial cable and connectors on one of the 265 -foot side arms. This equipment shall be provided by Weld County. • All equipment installed on the tower shall be firmly anchored to the tower structure. Electrical conduits and cables shall be attached to the tower at intervals not to exceed four (4) feet. All tower fastening devices used shall be made of stainless steel or galvanized to prevent rusting. • All Coaxial Cables will be grounded to the tower structure at the first point of contact near the antenna, at fifty (50) foot intervals along the length of the cable, to the tower ground bus bar at the bottom of the tower near the vertical to horizontal transition point, and at the building entry port. • The tower and Ice Bridge shall be grounded in accordance with National Electric Code and conform to Motorola R56 Standards. • Extend the existing chain link fence to encompass the new tower adding a vehicle entrance gate for tower access. A site plan is included in the Final NEPA Report. TOTAL BID: $ START DATE: _ FINISH DATE: * The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment.) BID REQUEST #B1900096 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1900096. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FR = LORADO SALES TAXES. THE C=ERTIFICATE OF EXEMPTION NUM ET: IS #98- 3551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 a 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair !k'-:�„tia'0t Yom' r..�`rfl APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B1900096 Page 11 Rob Turf From: Sent: To: Subject: Attachments: James Dempsey <James.Dempsey@ettower.com> Friday, May 17, 2019 9:58 AM bids BID# 81900096 EasTex Tower W-9 - SIGNED.pdf; Eastex Tower Bid Document B1900096.pdf 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 James Dempsey Project Manager EasTex Tower, LLC (719) 632-8822 'Office (719) 203-3816 jDirect (719) 465-428-7 'Mobile (719) 632-6848 I Fax James. Dempsey©ettower_com www ETTower cam 7 345 Templeton Gap Rd Colorado Springs,CO 80923 rid 'SA Tounding 24emifter 9 ti Form (Rev. October 2018) Department of the Treasury internal Revenue Service ; ► Go to www.lrs.gov/FormWg for instructions and the rest information. t Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. Request for Taxpayer tification Number and Certificati E sTex Tower, LLC ............... 2 Business name/disregarded entity name, if different from above n Give Form to the requester. Do not send to the IRS. ....^,00...•41.4061•011014%, .� .. . _...___ ...ninny....,. _. .... M...dif t* t......- trOWVO.0 ~UMW r3 r O 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Chuck only one of the f 4 Exemptions (codes apply only to I following seven boxes, certain entities, not individuals; see a instructions on page 3): o 11 individual/sole proprietor or L i C Corporation S Corporation ❑ Partnership Trust/estate c single -member LLC g. O ft 2 a r Limited liability company. Enter the tax classification (C=C corporation, S4.S corporation, P=Partnershlp) fr Note: Chock the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC Is classified as a single -member [IC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for 11., federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of Its owner. [1 Other (see instructions) $ t i 5 Address (number, street, and apt. or suits no.) See Instructions. 7345 Templeton Gas Rd 8 City, state. and ZIP code Colorado Sprigs, CO, 80923 7 List account number(s) here (optional) p Exempt payee code (11 any) Exemption from FATCA reporting code (If any) plies to accounts maintained outside the U.S.) Requester's name and address (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Ilne 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 Pain 1, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to gate TIN, later. Note: if the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Certification Under penalties of perjury, i certify that: 1. The number shown on this forret 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 (111S) 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. i am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) enter. d on this form (if any) Indicating that i am exempt from FATCA reporting is correct. Certification instructions. Y4 u 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 in! vest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment o sec: ed property, cancellation of debt contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and divider . are not required to sign the certification, q oat you must provide your correct TIN. See the instructions for part it, later. Social security number or J , il I Employer identification number 6 2 5 8� 5 Sign Here Signature of U.S. person $ General Instruct ns Section references are to the Int rnai Raven; _-- Code unless otherwise noted. Future developments. For the latest infbrrratio, Wilt developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form Deep, 03/20/2019 An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number ('1N} which may be your social security number (SSW), Individual taxpayer identification number ((TIN), adoption taxpayer identification number (AT1N), or employer identification number (EN). to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. Form 1(199-INT (interest earned or paid) GA Form 1099-OIV (dividends, including those from stocks or mutual fu nds) 0 Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) o Form 1099-S (proceeds from real estate transactions) O Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) O Form 1099-C (canceled debt) o Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) SPECIFICATIONS ANPIOR SCOPE OF WORK AND PROPOSE€1 PRICIRO: The entire protect will be completed In two phases wilt, phase one consisting of the design, construction and antenna elatauallen of anew 280. bat adt.eoppoding eomrnunleatbns Idwr, Construction datl:bsglelnthe month of Qclabar 2019. TMesrxxxd phase includes deconstruction, removal.. and dlspeeeibt ebgllhg 250 - teat guyed lov,vfr once the new Wear Is ruraptaied, Decdnatructhm welnetmaiPro any westing !Oriel' anchor pointo. Weld County base tenant on the WON Wear, Thu lentil wdl6o proodcd 3O days to move the tenant's antenna equipment horn the old tower to the new tower prior to deconstruction. The teeter Neill be {outlast In Section 21, Township 11 Nan, Range 50 West of the 0" P.M. In Wald County, Coloro#rt, Weld County Parcel No. 021521100005. 40-45-419T N, 104-05-23.83 W. The NEPA end %W0 Maeda haw) been completed with a'Finding of No Significant. Impact' (FONSI). The "trail NEPA Repottp tdlaWlod, "Onsvai f{8PA Flnel.pdf The FM Aeronautical Study (No. 2017-ANM-5315-OE) with a Determination of No Hazard (DNEFT) is included in the Fleet NEPA Report. The FCC Antenna Slnrctore Registration (ASR) has been applied for and assigned APR # 1300537. The ASR is attached, 'Grover New ASR1306537.pdr. The successful bidder will: • Design and construct a 260 -foot self-supporting communications tower le meet EIA/TIA 222-G standards for a Public Safety Communications (Class Illt Tower supporting the tower load identified In leo attachment Towle Lc tang Rogillternante,pdr. 'The lotptrdoetgtr ehoub kid* dada 6 -tool at(leentls (one en oath 14104 the 281}WW lapel, three S to@ *Weems {orate each lag). at (ha 205 - toot Wall, irtotode a cable redder, a. rawer grand boa ben. ends /lE[dty climb system. • Use Ma attached gootachaical tupgrt;.-•Qpotochnicol Engin owing Riverbed' to design' the apentptfole fwkbllon far the polluted tower. • Codni*wlh the temiaeppdt4ld within US Feel NEPA Report, particularly Section 3.0 Conclusions and theaspodsled InhumNbn In Append& • Proviso anti pleat ntruWtrg 65br7taflGplttingfir arferdemowlps FAA Ao+taatychetAo,TltWae0.1 L Campo 1. Oba1nuc1Wh Met*M+g and 1.1000 0, aimodi uo(spatdm Chapters 4,E)M-l)uel)e 8 It TheBatting ardentenest hang alarm reportingcontact petals {dry contest donnas): to ItoIntegfalld into ow:other man0061g,oeelprnart for %Mingattaas changes and alarms, • Provide an Ire Bridge to route cabling from the tower lo the existing on-sto shelter. • Supply a VI-iF antenna. Carhmsd3pn 09224-A, AVAS-90 coaxial cable, attachment and grounding hard ere to ha mounted on one 0411.0280 -foot side erne. • Mona tree Andrew:PARB•65-P#A rmcoweee antenna with mdome and dual splkmnourrt MNI mt n,Wave ODt3s frees the aaW6tg tower 22E400t level to the new tower al the aane.level with an ozlmuth of 248,4 degrees. Align the microwave hop for optimal signet levels. The other end of the microwave hop is located at 16054 CR 100, Nunn, Colorado (N 40 42' 41.2', W104 45' 7.2'), mounted al 345 toot. • Pifoalfeennd Install two(2) new bhtR-4d0 coaxial male none with twelve (12) type- N mole connectors, enactment end droUnding hardware forthe mjaoware antenna rn he listed above. • Install one (1) now Bird 101-838.05-0.03 omni directional enlenne wth AVA6-50 coaxial cable and connectors on one of the 280 -foot aide arms, This equipment shall be provided by Weill County. The undersigned, by his or her signature, hereby acknowledges and represents that: 1 The bid proposed herein meets all of the condttk5ns, specifications and special provisions set forth in the request for proposal for Request No. #81000006. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3 He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The *nee IJd t4rbmlltod, alt of the docu nortts of the Requet for Propose( +eta nod herein (Including, bet POI Milted 1o, prcdtkt Jpgdtikatkans arxf scope of senaccte), rnxi the formai aeprarnca of the bid by Weld_ County, together contftutee i centred. with the contract dere beingthe date of form! 000ssoihnca+af Oho bid by WOW County. 5. Weld COteity sesesieftss the r%htt to WOO any sod 404 b1ds,1*fit* anylnfrxm&4y in the bids, and to accept the bid that, in the opinitin art the Beard of teuoty tombstones/84 ks to the bait interests of wed County The WOO may be *warded to more than ono vendor. FIRM: EasTex Tower LL{..; gt isggrSS AnnRESS:7345 Templeton Gap : t1 CITY, STATE, ZIP CODE: Colorado Springs Co 80823 TELEPHONE NO: 719.632.8822 FAX: 719.632.6848 TAX ID it 54.2585395 PRINTED NAME AND TITLE: Jeffrey Reynolds Vice president Project Manager end Operations SIGNATURE • E-MAIL: JReynolds©ettower.com DATE:O5-1 f-lQ 1B "ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BIO" WELD COVII / dt 4PT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION t1UMBE SO' . YOU DO NOT NEED TO SEND BACK PAGES 1 — 8. 44. 2O18tal t+t s• AT IES'tt4. Weld f::ou T,4i , gp'ir+1j BY: Deputy Clerk to the Board BID REQUEST 1+#819©0098 BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: kctoa Mai Department Head Controller/Purchasing Director v Page 11 Rob Turf From: Sent: To: Subject: Attachments: tzwahtm=intadzrzugraagaigi gin James Dempsey <James.Dempsey@ettower.com> Friday, May 17, 2019 10:00 AM bids RE: BID#B1900096 Eastex Tower Bid Document_1.pdf 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. Correct bid document James Dempsey Project Manager EasTex Tower, LLC (719) 632-8822 jOffice (719) 203-3816 (Direct (719) 465-4287 'Mobile (719) 632-6848 (Fax James. Dempsey@ettowercorn , ww' .cTTPWer .com 7345 Templeton Gap Rc Colorado Springs; CO 80923 te f " o:Jad ng wiember 4. From: James Dempsey Sent: Friday, May 17, 2019 9:58 AM To: bids@weidgov.com Subject: BID#B1900096 I hereby waive my right to a sealed bid James Dempsey Project Manager EasTex Tower, LLC (719) 632-8822 Office (719) 203-3816 (Direct (719) 465-4287 'Mobile (719) 632-6848 Fax James.Dempsey@ettower.com www.ITTower.com 7345 Templeton Gap RCA Colorado Springs;CO 80923 Touting rF .I 1 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: The entire protect will be completed in two phases with phase one consisting of the design, construction and antenna inSfallabon of a new 280 -toot self-supporting commun}cations tower. Construction shall begin in the month of October 2019. The second phase includes deconstruction, removal, and disposal of existing 250 - toot guyed tower once the new tower is completed. Deconstruction will not remove any existing tourer anchor points_ Weld County has a tenant on the existing tower. The tenant will oe provided 30 days to move the tetant's.antenna equipment from the old tower to the new tower prior to deconstruction. The tower shall be located In Section 21, Township 11 North, Range 60 West of the 6"' P.M. in Weld County, Colorado, Weld County Parcel No. 021521100005, 40-45-46.97 N, 1X05-23.83 W. The NEPA and SHPO reports have been completed with a "Finding of No Significant Impact" (FONSI) The Fina4 NEPA Report is attached, trotter NEPA Final.pdf. The FAA Aeronautical Study (No. 2017-ANM-5315-OE) with a Determination of No Hazard (DNEFT) is included in the Final NEPA Report. The FCC Antenna Structure Regisvatijn (ASR) has been applied for and assigned ASR # 1306537. The ASR is attached, "Grover New ASR1306537.pdf- The successful bidder will: • De.Sign and construct a 280 -foot self-supporting a.mrnunicai.rons tower to meet EtArTIA 222-G standards for a Public Safety Communications (Class ill) Tower supporting the tower load identified in the attachment -Tower Loading Roquirement...pdf". The tower design should include three 6 -foot sidearms s (one on each leg) at the 28 •foot level, three 6 -foot sidearms (ore on each leg) at the 265 - foot level, include a cabteladder, a tower ground bus bar, and a safety climb system. • Use the attached geotechnt i report, -Geotechnical Engineering Repo tepdr to design the appropriate foundation for the proposed tower. • Comply with the terms specified within the Anal NEPA Report, particularly Section 3.0 Conclusions and the associated information in Appendix E. • Provide and install structure nsiarkeriliohting in accordance with FAA Advisory circular 7017460-1 L Change 1, Obstruction Marking and Lighting, a rned-dual system - Chapters 4,8(M -Dual). ti 12. The lighting system must have alarm reporting contact points (dry contact closures) to be integrated into customer monitoring equipment for lighting status changes .arid alarrris. • Provide an Ice Bridge to route cabling from the tower to the existing on•-sile shelter. • Supply a VHF antenna. CommScope 082.24-A. AVA6-5o coaxial cable, atiachrrent and grounding hardware to be mounted on one of the 280 -foot side arms. • Move the Andrew PARS-65-PXA microwave, antenna with radome and dual split -mount MNr microwave ODUs from the existing t ever 225 -foot level to the new tower at the same level with an avrnuth of 248.4 degrees. Align the microwave hop for optimal signal levels. The other ano of the microwave hop is Iota -tea at 16054 CR 100, Nunn, Condo (N 40 42' 41.2x', W104 45' 725, mounted at 345 foot. • Provide and install two (2) new LMR-400 coaxial cable runs with twelve (12) type N male connectors, attachment and grounding hardw ire for the microwave antenna move lash above. • Install one (1) new Bird 101-83B-09-0-03 omni directional antenna witn AVA6-.5O coaxial cable and co-nnectors on one of the 28t foot side arras, This equipment shall be provided by Weld County. BID REQUEST #B1900095 Page 9 Install one (1) new Bird tower top amplifier with one (1) AVAS-5p coaxed cable, one (1) L(f4.50 coaxial cable and connectors on erte of the 280 -foot side arms. This equipment shall be provided by Weld County. • Install one (1) new Bird 101-83B-09-0-03 omni directional antenna with AVA6-50 coaxial cable and connectors on one of the 285 -foot side arms. Thlsequipment shall be provided by Weld County. • All equipment installed on the tower shall be firmly anchored to the tower structure- ElectrIcal conduits and cables shall be attached to the tower alintervalseel to exceed four (4) feet. All tower fastening devices used shall be madeof stainless steel or galvanizedto prevent rusting. • All Coaxial Cables will be grounded to the tower structure at the first point of contact near the entwine, at fifty (50) font intervals along the length of she cable, to the tower ground bus bar at the bottom of the tower near the vertical to horizontal transition point, and at the bung entry Pert- • The tower and Ice Bridge shall be grounded in accordance with Natlenal Electric Code and conform to Motorola R56 Standards. • Extend the existing chain link fence to encompass the new tower adding a vehicle entrance gate for lower access. A site plan is included In the Final NEPA Repot TOTAL BID: $312,162.70 START DATE: 10.1-19 FINISH DATE: 12-31-19 • The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment) BID REQUEST #E1900096 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth irtthe request for proposal for Request No. 4819}0096_ 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4, The signed bid submitted, all of the documents of the Request for Proposal contained herein (including; but not limited to. product specifications and scope of services), and the formal acceptance of the bid by Weld County. together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5, Weld County reserves the right to reject any and all bids, to waive arty informality In the bids, and to accept the bid that. in the opinion of the Board of County Commissioners, is to the best interests o₹ Weld County. The bids) may be awarded to more than one vendor. FIRM: EasTex Tower USC BUSINESS ADDRESS:7345 Templeton Gap Rd CITY, STATE, ZIP CODE: Colorado Springs Co 80923 TELEPHONE NO: 719.632.8822 FAX: 719.632.6848 TAX ID #: 5$-2585395 PRINTED NAME AND TITLE: Jeffrey Reynolds Vice president Project Manager and Operations SIGNATURE E-MAIL: JReyholds@ettower.com• _� — GATE:05-17 9019 • .. ,...e.. .. w.1••.w... •. - "ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID° WELD 001.16 rte tj ?PT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION CZ NUMSE .A rite. YOU DO NOT NEED TO SEND BACK PAGES 1 — 8. Aft ui ma 2016 ✓ 's MAN; T s rs g $ wig b A T TES I,r�" �, BOARD OF COUNTY COMMISSIONERS Weld Oours 4iferi oard WELD COUNTY, COLORADO BY: _ Deputy Clerk to the Board w BID REQUEST #$196 Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director Page 11 Entity Marne* EASTEX TOWER LLC New Contract Request Entity ID* @00040960 Contract Name* Contract ID GROVER REPLACEMENT TOWER CONSTRUCTION 2966 CONTRACT Contract Status CTB REVIEW Contract Lead* MRWALLACE Contract Lead Email mrwailace( co.weld.co us Contract Description* CONTRACT FOR CONSTRUCTION OF THE GROVER REPLACEMENT TOWER PROJECT Contract Description 2 Contract Type* AGREEMENT Amount "* $312,162.70 Renewable* NO Automatic Renewal NO Grant NO IGA NO n COMMUNICATIONS nt Email CM - Communications cr'weldgo•v.cc m Department Head Email CM-Communications- DeptHead@weldgov coin County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- CO'UNTYATTORNEY@WELD GOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Coutfact ID Requested BOCC Agenda Date* 07/1512015 Parent Contract ID Requires YES nt Due Date 07/11/2019 Will a work session with BOCC be required?* HAD Does Contract require Purchasing pt. to be included? YES Bid /RFP * 51900096 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 07/15x`2015 Termination Notice Period Review Date* 0313112020 Renewal Date Committed Delivery Date Expiration Date* 04=0112020 Contact Information Contact Info Contact Name Purchasing Purchasing ROB TURF Approval Process Department Head MIKE WALLACE DH Approved Date 071112019 =iral Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07+2912019 Originator MRWALLAC E Contact T Contact Email Purchasing 07122/2019 Finance Approver BARB CONNOLLY Finance Approved Date 07'11;2019 Tyler Ref # AG072919 Contact Phone 1 ate Legal Counsel BOB CHOATE Legal Counsel 07111.12019 Contact Phone 2 d Date '`"""" "".7747 -77c -r. is.._ J Regon41 Communications PUBLIC SAFETYWIRELESS May 24, 2019 Weld County Regional Communications Center Public Safety Wireless Communications Division 1551 N 17th Avenue, Ste 2, Greeley, CO 80631 Phone: 970-400 x2888 WCRCC@WeldGov.com www.co.weld.co.us Subject: Bid # B1900096 Evaluation and Recommendation To whom it May Concern Department of Public Safety Communications has evaluated the bid responses to Bid 4 81900096, Grover Communications Tower. After evaluating the bids, the Department of Public Safety Communications recommends accepting the low bid of $312,162.70 from EasTex Tower, LLC in Colorado Springs. The vendor is a well -established tower service company with high recommendations from previous customers. The vendor had no exceptions to the bid's "Statement of Work" and has an acceptable construction time line. The table below shows the rankings of the bids as evaluated by Public Safety Communications with the highest total representing the preferred bid: ty=a terry f:i itfi t r . .3 Tower Eastex Tower Advanced Solutions Nuecomm Tower United Attended Pre -Bid Meeting Yes=1, No=0 1 1 1 1 Exceptions to Statement of Work Yes=0, No=1 1 1 1 1 Price Ranking 4= low, 1= high 4 3 1 2 Price exceptions noted Yes=0, No=1 1 1 1 0 Time Table OK Yes=1, No=0 1 1 1 1 8 7 5 5 Sincerely, J ' f Walter Leslie Public Safety Wireless Communications Manager Weld County Public Safety Wireless Communications actqc. ll°i5 (Do a7 WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley, CO 80631 E -Mail: rturf(a�weldgov.com E -Mail: reverett@weldgov.com E-mail: cmpeters@weldgov.com Phone: (970) 400-4216, 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: APRIL 23, 2019 REQUEST FOR: GROVER COMMUNICATIONS TOWER DEPARTMENT: COMMUNICATIONS BID NO: #B1900096 PRESENT DATE: MAY 22, 2019 APPROVAL DATE: JUNE 10th, 2019 VENDOR TOTAL START DATE END DATE EASTEX TOWER, LLC $312,162.70 10-1-19 12-31-19 7345 TEMPLETON GAP RD COLORADO SPRINGS, CO 80923 ADVANCED TOWER SERVICES, INC. $315,000.00 JUN. 17, 2019 OCT. 30, 2019 2417 BAYLOR DR. SE ALBUQUERQUE, NM 87106 UNITED TOWER SERVICE $398,500.00 OCT. 1, 2019 FEB. 29, 2020 3620 W 10TH ST UNIT B PMB411 GREELEY, CO 80634 NEUCOMM SOLUTIONS, LLC $473,417.00 10/7/19 12/20/19 18168 E WEAVER DR AURORA, CO 80016 THE DEPARTMENT OF COMMUNICATIONS WILL REVIEW THE BIDS. 2019-1955 5/4°1 dm 0).2 '-'1 Hello