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HomeMy WebLinkAbout20191494.tiffDEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 October 7, 2019 To: Board of County Commissioners From: Toby Taylor Subject: County Road 15 Tower— (2019-1494) It was realized that the Air Handler Unit feeder wiring needed changed to be compatible with the larger load. In addition, the thermostat needed relocated which required core drilling through concrete walls to make the HVAC operate correctly. To do these items, a change order for $5,908.00 is needed. Therefore, Buildings & Grounds is recommending approval of the attached change order for $5,908.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director C' Qptitt- /.0-4 -aa9 Ca. ggtrr /D-0-19 • lasc on actors Inc. Owner's Name: Weld County Owner's City, State, Zip: Greeley, CO 80631 Project Name & Address: CHANGE ORDER NO. 1 Owner's Address: 1150 "O" Street Owner's Phone: 'Owner's Alt. Phone: PO Box 2798 Loveland, CO 80539 Cell.... 970.371.1604 Fax.... 970.667.7095 karl.clacont@gmail.com WC Road 15 Tower, 40800 N. 15th St., Fort Collins, CO 80524 Email: in conformance with and as a part of the existing contract dated October 2. 2019 Classic Contractors, Inc. is hereby authorized by the OWNER or OWNERS AUTHORIZED AGENT to make change (s) to the above project and/or order any additional labor and materials, services, supplies and other items listed below and/or otherwise needed to complete the requirements of the scope of work of this change order. a. Scope of the extra work or chanaes : RFI 7 Remove existing AHU feeder, install new 2" conduit, wiring and change to larger breaker in the panel per COP 1. RFI 9 Add new conduit from AHU to thermostat location per COP 2. Add $ 4,012.00 $1,89966 .00 b. Payments for this order to be made as follows and will effect the schedule of proaress payments as follows: Date of completion as set forth in the existing contract is hereby extended days because of the time necessary to complete this Change Order. PREVIOUS contract total amount prior to this Change Order: $209,576.00 This Change Order will result in a DEDUCTION to the original contract price in the lump sum amount of: This Change Order will result in an INCREASE to the original contract price in the lump sum amount of: $5,908.00 REVISED contract total amount including this Change Order: $215,484.00 OWNER ACCEPTANCE: This change order shall be performed under the same conditions as specified in the existing contract. Your signature below signifies your agreement and appr.oval of this change order. OVA) y 2019 (date of signing of this change order) CONTRACTOR A CEPT CE: ssic Contractors, Inc., agrees to perform this change order in accordance with the above conditions, specifications - dam, ed • ' , By: By: signature • owner or aut orized agent) s : nature of contractor or authorized agent] Date: Date: -?O/7 (date of signing of this change order) Form C01 -C Copyright © 1996-2017 ACT Contractors Forms (800) 820-5656 www.calform.com Q o/q- /1{9,1 CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS & GROUNDS AND CLASSIC CONTRACTORS INC. This Agreement Amendment ("Amendment"), made and entered into 2ND day of October , 2019, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings and Grounds, hereinafter referred to as the "Department", and Classic Contractors, Inc.. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2019-1494approved on May 22, 2019. WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Change Order #1, dated October 2nd, 2019 is hereby incorporated as an exhibit to the agreement and the terms are included in the Agreement. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CO •R: Printed nature ATTEST: Weld EMI ddriu,i) r BY: %,: Deputy Clerk t .r he Board ; APPROTO FUNDING: Controller APED AS TO PIS(/1 County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO Barbara Kirkmeyer, Ch. it APPROVED AS TO S BSTANCE: Elected cial Department Head a 0/9- /if 94/ /pa.763‘. AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & CLASSIC CONTRACTORS INC. WELD COUNTY ROAD 15 TOWER DES THIS AGREEMENT is made and entered into thisoNlay of , 201 f by and between the County of Weld, a body corporate and politic of the State of Colorado, by d through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Classic Contractors Inc. whose address is P.O. Box 2798 Loveland, CO 80539 hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Proposal Package No. B 190084. The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibits A and B. 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. ,6,.e)e)4,21 Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify y Contract Professional 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 y written notice. Furthermore, this Agreement may be terminated by either party at any time with notice upon a p material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract g g Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not been approved for yet pry payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for byCounty, and these items, materials and documents shall he the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except p for compensation for work satisfactorily performed and/or materials described herein properly delivered. S Extension or Modification® Any amendments or modifications to this agreement shall be in writing signed ned by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by g County for such additional services. Accordingly, no claim that the County has been unjustly enriched by y any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any • increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in g the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change e in g work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $209,576.00 which is the bid. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a 1 d "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Buildings & Grounds, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld in q County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid. Contactor acknowledges that any Y work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9s Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. in addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. lie Standard of Care, Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing suc ? services and the provisions of this Agreement. Contract Professional further represents 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. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Weld County and the State must be named as additional insured on the Commercial General liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CU 2010 11/85, CO 2037, or equivalent). Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, 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. Should any of the above - described policies by canceled or should any coverage be reduced before the expiration date thereof, the Contract Professional shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent within thirty (30) days upon receipt of such cancellation from carrier or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall indemnify and hold harmless County, its officers, and employees, from and against injury, loss damage, or liability of Contract Professional arising out of the work done in fulfillment of the terms of this Contract, to the extent caused by a negligent act, error, or omission, or on account of any claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: 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. Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy., or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability. liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. l a No it _-Assignment0 Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. l5 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. N either party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices® County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Buildings & Grounds, 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: Contract Professional: Classic Contractors Inc. Attn.: Karl Schmidt Address: P.O. Box 2798 Address: Loveland, Co 80539 E-mail: kartelacont rnalco Telephone: (970) 371-1604 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaytorcv:teo,weld.co.us +W,Ror co.weld,co.us y+♦ Y++♦Y v • r k Facsimile: 970-304-6532 18. Compliance with Law. Contract Professional shall 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 -hick: sive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre- employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests, made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Compliance with Davis -Bacon Wage Rates. Contract Professional understands and agrees that, if required the work shall be in compliance with the Davis- Bacon Wage Rates. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 32. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS NyilEREOF, the parties hereto have signed this Agreement this 429 11day of �-u . 201_7 CONTRACT PROFESSIONAL: Classic Contras Inc. By: Name: ,4 & 5C #/4O9 Title: C.Fb Date /141 WELD CO ATTES Weld BY: Jerk to the ' ' and BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C f LORADO Deputy CI t� the Bo��$ ti's r�` Barbara Kirkmeyer, ' hair MAY 2 2 2019. REQUEST FOR BID WELD COUNTY, COLORADO 1150 G STREET GREELEY, CO 80631 DATE MARCH 20, 20 BID NUMBER: i DESC R PTI O H V: C MANDAT% RY PRE t S ID PEL' V IING DATE: /9 00084 UNTY ?OAD 15 TOWER UPGRADE BID C. NFERENCE DATE: iiiiPm<IL 1, 2019 PRIL1592019 Exhibit A la NO1 ICE 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: C f, UNTY ROAD 15 TOWER UPGRADE A mandatory pre -bid conference will be held at 2:00 P9 on Monday, April 1st, 2019, at the County Road 15 Tower I cated at 40800 County Rod 155 Fort Coffins, Ct 80524, to respond to written and oral questions and to provide any needed additional instruction to Architectural, Engineering and General Contracting firms on the submission of bids. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. E Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administration Building, 1150 "O" Street, Room #107, Greeley, CO 80631, until 10:00 AM on Monday, April 15th, 2019 Meld County Purchasing Tii ,, Clock). PAGES 1 Q 1 t OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO AB VEW NOT A. OF THE INFORMATION CONTAINED IN PAGES 1 - 111 MAY BE APPLICLE FOR EVERY P RCHASE, BID SPECIFICS FOLLOW PAGE 11. 2. INI 1 A TION TO BID: U Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. 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. Merchandise and/or equipment shall be delivered to the location(s) specified herein. You can find information concerning this request at two locations: On the Weld County Purchasing website at htt�://vvww.co.weld.co.us/Depar tments/Purchasing/ndex.htrnl://vvww.co.weld.co.us/Departments/Purchasingnndex.htrnl located under "Current Requests". And, on the Bidnet Direct website at wwww .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, addendurns, and awards on this one centralized system. Delivery to Weld County — 2 methods: 1 Email. Ernailed bids are preferred. Bids may be emailed to: bids@weIdgov.com. Fmailed bids must include the following statement on the email: "I here�•y waive my right to i 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. PI ase call Purchasing at 970-400-4222 or 4223 with any questi ins. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY 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 one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bids may be withdrawn upon written request to and approval of the Weld County Controller/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 the withdrawal of the bid after it has been awarded. 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 for the premature opening of a bid not properly addressed and identified. 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. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101 Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder►s qualifications following the opening of Bids: Experience and performance records on similar work. Ability to complete the Work within the Contract Time. Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, BID NO #B1900084 Page 2 and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Controller/Purchasing Director, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Conint/Purchasirc Ditector may at her sole discretion, release any Bid at any time. 4e AWARD AND EXECUTION OF CONTRA Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld Count y intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by weld County. The County may require a separate contract, which if required, has been made a part of this RFPU "� :. yd Z- =.3.."�.r BID NO #B1900084 Page 3 5. PERFORMANCE, LAB R, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanitary, gas, to ephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES ® ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien 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, 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 fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under 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 BID NO #B1900084 Page 4 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 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. 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, undertaken 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 Colorado program, Successful bidder shall, within twenty 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 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 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. 9a GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade 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 oursuant 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 not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. 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 BID NO #B1900084 Page 5 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. C. 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. I. 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 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. 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) 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 BID NO #B1900084 Page 6 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. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 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 subcontractcr 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, 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. P. Non -Assignment. The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written aoproval 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 any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. 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. S. Employee Financial Interest/Conflict of Interest - C.R.S.§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 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 employ any person having such known interests. During the term of this Agreement, the successful bidder 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 the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate BID NO #B1900084 Page 7 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. 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. U. Compliance with Davis -Bacon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis -Bacon Wage Rates. V. 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. W. Compensation Amount. Upon the successful bidder'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 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 Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. 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 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/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. Successful bidders/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 Controller/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 -insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. 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/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful BID NO #B1900084 Page g bidder 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 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 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 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/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 successful bidder'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 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. 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 10/93 or 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, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, 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 Successful bidder, including completed operations" and the minimum limits must be as follows: BID NO #B1900084 Page 9 $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 payments one person Automobile Liability: Successful bidder/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. Successful bidders/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 successful bidder/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, Successful bidder/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. S ubcontractors: 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/Contract Professional. S uccessful bidder/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. Successful bidder/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. provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the successful bidder as part of the Contract. S uccessful Bidders Pollution Liability: Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the successful bidder described in the Successful bidder's scope of services. Policy shall cover the successful bidder's completed operations. Coverage shall apply to sudden and gradual pollution conditions BID NO #B1900084 Page 10 resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the successful bidder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "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 successful bidder, inducing completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 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. 0 et _ B I D NO #B1900084 Page 11 COUNTY ROAD 15 TOWER UPGRADES This project consists of upgrades to the mechanical and electrical systems at the County Road 15 Tower. The County Road 15 Tower is located at 40800 County Road 15, Fort Collins, CO 80524. Scope of work: This project will consist of replacement and upgrade of electrical and mechanical systems. In addition to plans and specifications attached, work shall include: 1. Plans and specifications for the remodel are attached 2. Environmentally seal off any wall and roof penetrations. 3. Anticipated contract and start date is: May 3rd, 2019. Based on this date, provide your estimated completion date. 4. Construction is anticipated to be conducted at normal business hours 5. Access and staging will be discussed at pre -bid meeting. 6. Project will be permitted through Weld County. Fees for permits will be waived 7. Installation shall meet all applicable building and electrical codes 8. Davis -Bacon and Buy American requirements are NOT required 9. Bid bond is not required. 10 Bids over $50,000 will require a payment and performance bond 11. Contractor will be required to enter into a contract for this service A mandatory pre -bid conference will be held at 2:00 PM1 on Monday, April 1st, 2019, at the County Road 15 Tower located at 40800 County Road 15, Fort Collins, CO 80524 Bids will be received up to, but not later than Monday, April 15th, 2019 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). TOTAL $ COMPLETION DATE BID NO #B1900084 Page 12 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 bid for Request No. #B1900084. 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 Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO DATE FAX TAX ID # SIGNATURE E-MAIL **ALL BIDDERS SHALL PROVIDE A W®9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID NO #B1900084 Page 13 '.moo I. i. CI Cr 4,il".A 47 1fy_ COUNTY OF WELD CO - CR15 TOWER DESIGN WELD COUNTY, CO. SE CORNER OF CTY RD 84 AND CTY RD 15 APOGEE PROJECT #: 18-362 PROJECT SITE MAP PROJECT LOCATION MAP i Revejoro: Dad CONSULTANTS: SHEET LIST ucw -ICAm d. a9.nl.oiIM.;MEMLEGEND sutnrx E021- astRCm G0ew ;Oa snats.LWC Erm- 0.11CiltiOttillatt Pug= PROJECT MANAGER cc Prrpe Weir 18407 A /• . APOGEE Apogee Consulting Group, PA. 1151 Xddaire Farm Road, Suite 120 Cary, North Carolina 27511 tnON0lrr Arcnif•c , swer.acg-pa.com 919-858.7420 Ism*, tat COVER SHEET Itr-tar WELD COUNTY, CO, SE CORNER OF CTY RD 84 AND CTY RD 15 Repel net COUNTY OF WELD CO - CR-15 TOWER DESIGN 0712012010 Oreaef sly Dam WI G-001 D+rf d r r -trr ..tca ct MI? ,..T+:a7'SSt OCCAlt ReYhvlrr'. 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LOW MIRAGE LIM LOW VOLUBLE raua D LIE VOLTAGE DWdER n It YAW& C ZOISTIiPASORPIAIIt Mt GROUT IMAAT CEMENT WRITER FMR MP N=AT EIPIOOFa1CLDOR E oat Of.NX111aCJI un- t TLttTt It KEYED Y 3WAY O AS TOT® (SIC a HOC RRSTO h^.NOI8) G - OCCUAAI1CYDECOR, UL'M TCQtCtGY• MUM NOUN= ^^ V MICR EExiYENT/A10L'CT7TI - - -. la - OCCUPANCY SCR. OW. ISTIMCC GY- NPUFARTER MIMED CA - -- TL'TTP 1T7OOfN[LT EMTTOIHOTAlLID RRS - RSWVOLIMEIX2STING MGIw( DEEM ES =MP COMONIECTINTO! FUSED MOS _ LONVHITAGE UOMTING OIRPOL MICEWM D IwODaRO I LB- MGM POEMAaJITITCH etAFFSUER)OIC G - IY.TIrlk1E.LY.W..OR,SICIEZCtte ISII4iNT CIOYJ LTC' • COMIC PUTTEDIt ITIOTTAIRMS3' •-MOITI NUW N DATPWC W[LSIPf THOSE USIELT E. ALL IEIURS ARE TO Mgr Ce°SE MESS POTTYODYRVICE MENITHT TO TOP MORI= ANY IIERCMISIOA1E0 II PINS lEneseL7<.'SE°nee. ACGPtgm Wane Tat ELECTRICAL GENERAL NOTES,COUNTY SYMBOL LEGENDS, AND ABBREVIATIONS Paved TM OF WELD CO - CONSULTANTSbaber : PROJECT MANAGER I 1 t.. CR-15 TOWER DESIGN ? S, F Headquarters t RS ri:` A Apogee Consulting Group, P.A. \ oz•ilto,3 i . 1151 Kddaire Farm Road, Suite 120 Loudon WELD COUNTY, CO. SE CORNER OF CTY RD O4 AND CTY RD I5 Mather E-00 1 Vv. O-.....-^' APOGEE Cary, North Carolina 27511 is x7.128 CIN cAAaAE AY ,IpmYI AAYr On 1 m 2 Enptnaol+ A<chltacL Ac.hticcl wIYRY.acy-pa.r.Dnt 919-858-7420 d AriTi:- Oar .glnaots r DeaysI_ C tIDaYf ao+lSJms<Rflsasr EXMOOR I Onaraft can C) noott •at/ 2011329. pa, ---, I ▪ tarF L--iJ =PSNEdi O© WIG l F109.FOC in 3 NEC • I • O4aEG W.ra \L mOALC CU ONE-UNE DIAGRAM a.a.LPEG W sac 2 MOOT MDP-1 VOLUM Zs 0:90CC7ED100 PER PHASE MH1(XUW&n (Yf4 N Ininel win *NW Dan MEC MTWAA(4iW2 CPA A a C IOURVI. scRFACE waft SOD AWNd COtl Ml IS7pla MT VA MaQOIMENAIPFFO1ECtYe1(Ye9 N SCE RAMC T HAIENfAC 4103 SENT Tl®f14 N VOA OSA MIA Irmt %MttorO I N mITVCC W la Mt aKR Pan A a C POf! =IR TTPE t7 CC7ITHCA71Of C0 fNOCI-m'R MA 2 nm 0 I AA sine 2 NCO 6 I 25A 579 6 RAIX2. CCP 32A 2C•30 iim r a , SA 131A7t E 7 if - I aA WARE 0 9 fttcN•U7Y8 10A I lim 0 I aA &PANE 1a It OA= SA -IMP 20A I VW 0 I 20A a a RACK lb- U0P MA t r90] 0 I 39 SM1AE $4 U NACtZB• Urns 164 t Oa o - 1 MA SF9y1E a ft JOU MIA I BILE 0 t aA 05/ie S le TdNI a - I mA t 10 Thir ebM A I 20A , Is9AT y 23 WTS01MtLITA SA I CA 0 1 SA WNW a 25 LG73 Wally aA I 7a1 a I AA ISFRTE 21 D I70OPGIESTE !) IDA I t0 0 I 'SA save I a 27 ON taw 2 ea 0 1 z I IS E a 31 150a I I 17aA ,S91NE 2] 23 SINE aA I a U t SA SA*: a 21 3s aNcE - - - 0 0 - - - ISra t s 37 APACE - - - a a - - I - Isra I A I D SAC - - - 0 0 - - -I N GI aAC - - 0 - SR a U SACS - - -0 0 1 - - t- I1FAa N AS SINCE - - - A II - 1aIs1/2.4* - - - a _ - - !SPACE a E 49 ST91C2 - - -0 0 0 I SG 31 =ACC_ - - a a - lama I Sr 153 aka - - - 0 5 - - - I3ai a 131 31AE - - - a a - - - a1YE a A !SPACE - - - a 0 - - - SaA1E 30 St MACE - - - 0 0 - - - ;WAGE m GI MCC - - _ a * - - - sAACE O m Siva - - - 0 a - - - 13PME at 6 IPACZIona - - - a a - - - c¢I� I a a l3nla' - - - a a - - - ts9Y>_ a to aka - - - a P - - - sra T - - - a a - - - 3PKE Di 73 C2 - - - 0 a - - - 3iACL a 13 SPO SI•C - - - a 0 - - I - 9f1ALa r A 77 SINCE - - - 0 0 - - I - =NICE A 79 IPAACE - - - 0 0 - - - IWIC m CI SPACE - - - a 0 - _ - IsaaE a2 tr SPACE.- - - 0 _ I YriCE IN taaaOtana4oa OmareM wit QaOpMat•N CCM" PNiBi0Qt.3 TWI9acT tWLLA0{a790 "Win Paw I mecaacrta ?Maw COM MIST uoca1CIOTITIM4 ow NA MOTs Taira mttvc Jam ma Llama =MOM WNW MM P% an PIA tots.C»TCC5IarmaeC. 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VW . • i TSM i L EXISTING ONE-UNE DIAGRAM J Ica*: No Scale a Revisin Date CONSULTANTS: /d 00:37.1.G0491470190111 SUS BATE IMELTNac =act ICE 12 I\1 /0 35� 4® a a" a i a ELECTRICAL NEW WORK PLAN Scab. 1T n I' O- f 2— I 1EW aYWmAD tCRWZ LAIBGL TO t1E19t CAOET TRW ItM YURLTY POECOMMIE ltlmtrCJd VR t Manna RA} 4 a1 sort nal FE1En1A7f01a -' L ;�TNNILPBE7AA77a rzig 117511h , V crrrw-'3 rR1t 'r' FAIL-' w Y 7 Ia1 at pf3arrN4L aectNA,lno /F�• wan vousonormarat -: m Dinar? Neal- voCIRIUOa NTR O ELECTRICAL DEMOLITION PLAN Scan: it • VP" tiy• a -3r I is It I. O II x n K li II n N NET COQKAATOI rCa rio. OCIaunR CAM CBIOS apeman Qs IUTA t PROJECT MANAGER ILL *ups Mots l eas2 Apogee Consulting Group, PA 1151 Kilda re Farm Road, Suite 120 APOGEE Can' North Carolina 27511 e ea,nean Arcntr9ot w w.acg-pa.eom 919.858-1420 Iiimmutim CV 1/4J V-INE-1-4 Orme" It ELECTRICAL WORK PLANS taasa WELD COUNTY, CO SE CORNER OF CTY RD 84 AND CTY RD 15 SHEET NOTES: A WtOtEWACI_NUOOi0L4 adCAICDP1i011IN 4 YOI LCTALCRO FRAM UX3tIODNE ION SUYACE 10Th NECLSTL03 true 17CI54daALOaCSWL or 1a BJ11GE RATE 3 W L3RD ro EATING Oa!)P0n Scat ND } la9LCOC ML0 WFATIER iR2(F. PUL F7HN0 znlEWm i F2000ailATICHOONta C OM IN TD EER MEMO R 1 MN N GUAM Ira MATE FASTEN 70 0237142144U- P6ro&ft$. ma. t I0LWT that atS9WLCa BITWRN C0OAI TRAR3TOtC 10 013 4H0aXP NO A00& QNOE- C aCIAp4E7a7EMat.93 nag SOMME a 5035n71UnaE7$79 WALL OE 7tf4RTD F010170 an 0. NLWORMIN1 EE:Ca00VWEDWlmfil D0CPIDSNO ta3L IMIffr0B1CAPRCAWE ['DEMOLITION KEY NOTES: m IeOECCI Clea3A10 PATI NICICA PEIC/MGOR Nana TO MV ai rASTPG ant Elea IOLa70t CE 005ta6 RACEDPIFEPEEWA)C IPIIL CI C U:N1I:[wo Facet=a9rt cats AlOtblGA9baq®NCM INICtNt 01 i7Ot0W SaCj SOA0C MOO COMM TO 1NY�J[M RIM NEI. n4G_5EE Nap C6 NENCIat3371= nC:21754-EAIOWait SOT= C000n)RtJOBOXIrW ItM1tOt2! ascaraa Ream 'c C'EPP7 At0 OSaD ntesCItRESULW102awc® TRANSITAI RMIPt01mM$Y S7T'saint cOnavialuccia Lauri&Tam rat CO M=11PCGOOCCINAVG=E5131611/at 101011M1 EJy1POroRBaaL A.17011301.N3. �o NEW WORK KEY NOTES: I 0:CFLI MTE =MI OIN CRA W UREY MORSAINe0®4C•0 CERY07 COCOIait000t14EOMER 10111 2 RENOIR tt9lietIC BOVOUt30E COMM P 1 GB 6aTd ACOl t SEM TO FtadPlAR 3 CCOCIPGEMINt7NNER AIDUOrt NaE t. TOaHY.tnnU3ETNOTtt t man mamma PASEO Matt LCT&trNW POS7IN.XOU3PCNp2T OlFatiHtlOUa 'aA7NSiaG Watt IICIMOW1aOlONZIANI ER. MIMIC! MP CRiP@3GEtrItnECOO ICRTO WNW CAMPO TAIAD103783 as UI19a13 RNam UA7TT. 5 mow mar arZa.GralftA SA.®6L9E r8"twRSZCI FCR 2 ille MAUI= *sate aa Matta PREMOODMIRMAII APRJFK7UCTt RECCIGICICe0 •Cotsales FenCP9ovaan etas sT amalattimel iFMb1l37etain. ME WOO 03C'Ef FOROMPECT71Q NORSAItttl]47R MOMS`CALLTC e6( d It= CCOCSISI C OICIC FCNp1Tta70BEAM Da & R MTtS Eaa sa3:3aiP. ICTNia 3TCuffillaUUa alga ineaptositucE &WM to SULCSUM.COMPECI-713 Ca/7ROL CSTB *Cam Ann taG1A7FOR{CAM amain wese2 O Want analnames T 7abatamairtaPana I7Q063Ea1 TOI fe MOE SSW NSW1131131M130Order COQ♦SLAIE /7,71NECIntA00 FUSICIOMIGEC YJO09-can AC7Qt a R90mf1OS CCM'E+a16 POOVFO Fat canna fabinaaCeiste lam awl Rear CQO atPAAO ieapDQE OOrDWUCIEII6iG4E COOSIDaTE =ATM cam 1Paat3t ODIJA NT FIRC=XaE 02 D EM3,d scacasecnot 9 i cream nature OCCtT:ad CAStiaCia DFW S %*Ca Mama ATISpaCFNgISMAN Aar C1'a1BiroAIM RS:MA= aCI UOTO>noteassm wa. COOIbaal1E a c warts a P334139tF.MDaOf APT CF ra a0`9A773q 14 oaoatnot PaCsaulc tEO. vatta tMse t71YN Ent GN]Da=Use F.OIC OOvu W101 T1a7OCTECU PnWU IS0Pa2t3AEWE TWO' DG3a?RGOB n ECEN302gacacm a% COCUITO tee FPt ISTISC N9 aIPECACE N CCICACIOADRIOINIMEL ii00/336 ACAS tatapoC3fF*0. It �Pl a Taft FIXTUREMOCCONNSOCK7MAIRCITTCOICI natRE6as/Oocesm mTat Cr errata A aca C 18TIATORSr14L DE PROACIEOW t riTS71aYLW0cOMRASO WPoR Cott UlOCC. C. U Ware 7313A 133 COIR.7wa miterAtAWW NOStAIUS AnNAATOt PE4 a'8a9ET a yr Rffi1t48at710C Matta WAIF. It RENEE MIEN ataan7ArDEae4QD OF p13R'I iETSTIEL CAD O]nr_t 01C)O iaPsiIC. CQaRAs;ngA3 cae MCCCROaNT2 MITIMIIU TN*t0ZI ACRL4.AYAIASLt FAUTCffiR9 ATcusmiERDeeor TAAteruoyt 11300EERFOR Feat 4@f90ATGN FROM CMOs= *qui tat COUNTY OF WELD CO - CR-15 TOWER DESIGN roa2C12010 E-100 ea7 2 d 2 ELX i-LI 6 COUNTY ROAD 15 TOWER UPGRADES This project consists of upgrades to the mechanical and electrical systems at the County Road 15 Tower. The County Road 15 Tower is located at 40800 County Road 15, Fort Collins, CO 80524. Scope of work: This project will consist of replacement and upgrade of electrical and mechanical systems. In addition to plans and specifications attached, work shall include: 1. Plans and specifications for the remodel are attached 2. Environmentally seal off any wall and roof penetrations. 3. Anticipated contract and start date is: May 3rd, 2019. Based on this date, provide your estimated completion date. 4. Construction is anticipated to be conducted at normal business hours 5. Access and staging will be discussed at pre -bid meeting. 6. Project will be permitted through Weld County. Fees for permits will be waived 7. Installation shall meet all applicable building and electrical codes 8. Davis -Bacon and Buy American requirements are NOT required 9. Bid bond is not required. 10. Bids over $50,000 will require a payment and performance bond 11. Contractor will be required to enter into a contract for this service A mandatory pre -bid conference will be held at 2:00 PM, on Monday. April 1st, 2019, at the County Road 15 Tower located at 40800 County Road 15, Fort Collins, CO 80524 Bids will be received up to, but not later than Monday, April 15th. 2019 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). COMPLETION DATE TOTAL $ o9,-576 a2 a 132©/7 NOTES: 1. Plans call for co-ordination only with PVREA in changing service, this bid includes co-ordination with PVREA but does not include payment for any of their costs of changing service. 2. Plans do not call for an economizer for the new HVAC unit, add option to include $ 2,200. 3. Acknowledge Q & A dated April 4, 2019. 4. Cummins generator is furnished with a Merlin Gerin/Square D type circuit breaker. After co-ordination with PVREA if a different breaker is required, additional cost may be incurred. See attached Cummins proposal for generator to be supplied. Lead time for generator is approximately 4 months from award. BID NO #81900084 Page 12 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 bid for Request No. #81900084. 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 Bid 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 ail 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. 1 _ FIRM C�.4 /c ��AYr' Cv' BUSINESS ADDRESS A7C: BY k+& 'iCHAI (O7 (Please print) CITY, STATE, ZIP CODE ��r:� , 41A),() DATE TELEPHONE NO u U - 7/ 4 0 FAX TAX ID # -16,6-06-1/ SIGNATURES . ? —y�" E-MAIL fl<Al& 4 C .L'r 6M4k. o (104,/ "ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID'" WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 - 11. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy clerk to the Board Barbara Kirkmeyer, Chair BID NO #61900084 APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director Page 13 Form (Rev. December 2011)� Department or the Treasury Internal Revenue Service W N m tT a c 0 e 0.0 0.3�. S' 15 S a. 0 u 0. w m m _9 Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the (IRS. Name (as shown on your income tax return) Classic Contractors, Inc usiness name/disregarded entity name, if different from above Check appropriate box for federal tax classification: ❑ IndividuaVsole proprietor ® C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate O Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ( Other (see instructions} a.Address (numb stmt, and a P.O. Box 2798 City, state, and ZIP code Loveland, CO 80639 List account numbers) here (optional) Requester's name and address (op Taxpayer Identification Number (TIN) ❑ Exempt payee Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. lSocial security number Employer Identification number 8 4 Certification 1 5 6 0 6 4 1 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have riot been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here u.s. person l► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 onlyifyou are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Data ► ,'/C /14— /7 Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 12-2011) Quotation Cummins Sales and Service - Rocky Mountain 8211 E 96th Ave Henderson CO 80640 United States Direct: 303-92742288 April 9, 2019 Project Name: JB041919-03 County of Weld CO-: R15 Tower Quotation: 4126000000165184 Thank you for your inquiry. We are pleased to quote as follows: USD Iton i Description Qty Install-US-Stat C125 D6D A331-2 L193-2 L224-2 L090-2 L169-2 F216-2 R098-2 B946-2 H700-2 B184-2 A366-2 11536-2 H012-2 K796-2 uena-t � � V V V � KV03.2 KB72-2 KX51-2 P176-2 F252-2 C301-2 0309-2 C127-2 C312-2 C314-2 C315-2 Genset-Diesel, 60Hz,125kW U.S. EPA, Stationary Emergency Application GenseteDiesel, 60Hz,125kW Duty Rating -Standby Power NFPA 110 Type 10 Level 1 Capable IBC Seismic Certification Listing -UL 2200 Emissions Certification, EPA, Tier 3, NSPS CI Stationary Emergency Enclosure-Aluminum,Weather Protective,w/Exh System Voltage -120/208, 3 Phase, Wye,4 Wire Alternator-60Hz,12L,208/120V,120C,40C amb Generator Set Control-PowerCommand 1.1 Exciteer/Regulator-Pmg, 3 Phase Sensor Engine Governor -Electronic, Isochronous Only Display Language -English Gauge -Oil Pressure Stop Switch -Emergency Control Mounting -Left Facing Load Connection -Single CB or EB or TB -Bottom Entry, Right CB,Loc A,125A-400A,3P,LS1,600VAC,8O%}UL. Enclosure Color-Green,Aluminum Enclosure Enclosure - Wind Load 180MPH, ASCE7-14 Fuel Tankaegional, 2 Wail, Sub Base, 24Hr Minimum Alarm Panel -High Fuel Separator-Fuel/Water Mechanical Fuel Gauge Box -Spill Containment, 5 Gal, Lockable Extensions Kit -Fuel Tank Vents, 12 ft 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 nom C318-2 C316-2 C310-2 C308-2 F179-2 A422-2 A333-2 BB89-2 E125-2 H389-2 E089-2 H669-2 E154-2 0041-2 H487-2 H 706-2 L028-2 L261-2 F065-2 H268-2 A043X785 A045J201 A046L319 A057C503 A054X752 CRANESERV UPFITSL SULABR DELVR PLGS120 LBTRO BATTLA OTECSE400 A028-7 5043-7 A044-7 A042-7 R021-7 B001-7 L202-7 L203-7 M033-7 Switch -Fuel Tank, Rupture Basin, Installed Valve -Fuel Tank, Over Fill Protection, 95% Switch -Low, 40% Fuel Switch -High, 90% Fuel Skidbase-Housing Ready Engine Starter - 12 VDC Motor Battery Charging Alternator -Normal Output Battery Charger - 6 Amp, Regulated Engine Cooling -High Ambient Air Temperature Shutdown -Low Coolant Level Extension -Engine Coolant Drain Engine Coolant -50% Antifreeze, 50% Water Mixture Coolant Heater, Extreme Cold Ambient Engine Air Cleaner -Normal Duty Engine Oil Heater -120 Vac, Single Phase Engine Oil Genset Warranty- Base Ship Loose- Vent Kit A Rack -Battery Extension -Oil Drain Switch, SPDT-1 Circuit Breaker/ Auxiliary Contacts Annunciator -Panel Mount With Enclosure (RS485) Paint,Onan Green-0.5oz Brush In Cap Bottle, Enclosure Touch Up KIT,FUEL SYSTEM Battery Heater Kit Crane and Offloading Service at Delivery Location Upfit Service - In Shop Startup and Testing Delivery to jobsite Emergency Stop Switch, Remote Load Bank Testing, Resistive. 2 Hour Starting Battery Kit, Lead Acid Initial Fuel Fill Service Entrance Transfer Switch -Electronic Control:400A SrvcEntrTransferSwitch,PwrCmd,400 Amp Poles -3 Listing -UL 1008 Frequency -60 Hertz System -3 Phase,3 Wire Or 4 Wire Voltage -208 Vac Cabinet -Type 1 Auxiliary Relay -Switch In Emergency Position-12VDC Auxiliary Relay -Switch In Normal Position-12VDC Genset Starting Battery-12VDC 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Sales and J030-7 Clock -Exercise, External M032-7 Relay -Elevator Signal Gnn9_7 Transfer Switch Warranty - 1 Yr Comprehensive r.,a an :2 Ex 1 1 1 Cummins is offering Factory standard product with no variation. We are happy to provide product spec sheets for list of features. (Delivery & offloading included assuming delivery within 3 hours of Denver and 50 foot crane pick distance, Additional charges may apply for complex offloading or long distance delivery.) No specifications were provided for the preparation of this proposal. Please feel free to contact me if you require any additional information; or if you have any further questions or concerns mat i may be of assistance with. Thank you for choosing Cummins Jeff Bowman Inside Sales Power Systems Cummins Sales & Service 303-927-2288 Jeffrey e.8c+Nmanacummrns.com Clarifications & Exceptions 1) The above scope of supply does not include any permitting. Cummins Rocky Mountain is happy to assist with information to complete the process but is not liable for completing or funding it, 2) Please note that the above scope of supply includes a generator MLCS which is a Merlin Gerin/Square D type circuit breaker installed as a factory standard. At this time, Cummins Rocky Mountain LLC has not been given sufficient information concerning specific circuit breakers necessary for selective coordination and or a coordination study. If applicable, additional pricing will be made available for specific breakers upon the direction of a coordination study. A selective coordination study is not included in this proposal. 3) Scope of supply above does not include anchor bolts (if required). 4) Initial fuel fill is included in the above scope of supply 5) Scope of supply above does not include any stairs/platforms required to gain access/entry into the enclosure or to maintain any NEC clearances as it relates to circuit breaker height 6) No NETA, Infrared, or Independent testing, is included in this proposal and will not be added to Cummins scope of work. 7) Noise emission from the generator set is provided in a free field environment. Cummins is not responsible for determining whether the supplied rating complies with State and Local Government requirements for the installation. Please note: Standard start-upl commissioning services during normal business hours with operational transfers of available building load, 2 Hr. resistive load bank testing, owner operational/ maintenance training, & Electronic 0 & M manuals; does not include any applicable taxes & is subject to change without further notice. Standard Exclusions Proposal Validity: The proposal is valid for 45 days from the date of proposal unless specifically noted. Taxes & Permits: The proposal excludes any applicable sales taxes, permits, & licensing_ Taxes unless otherwise stated are not included in our proposal Delivery: Equipment is quoted F.O.S. jobsite unless otherwise stated in our proposal. Equipment held for longer than 30 days may be subject to a monthly storage fee. General Clarifications: The proposal offered here in is limited to the plans & specification sections listed on our proposal. Cummins Sales and Service takes general exception to specified products, services, and attachments which are proprietary to any other manufacturer. No other sections shall apply. Cummins is an equipment supplier only please note that the proposal excludes all installation (exhaust systems, fuel systems, cooling systems, vibration isolators, etc.), diesel fuel for testing/ top -off, nor crane/ millwright services for off-load of equipment unless otherwise noted in the proposal, Closeout Documentation; Unless stated otherwise, electronic submittals and O & M manuals will be provided. Printed copies are available upon request, additional charges may apply. Invoicing & Cancellations: Payment Terms are Net 30 days from date of invoice & are subject to the approval of our Credit Department at the time an order is placed. Cummins Sales and Service does not approve or acknowledge any other terms without express written confirmation. In cases where retainage is required, a maximum of 10% retainage will be allowed_ The balance of retainage is due after start-up/ commissioning services of equipment provided by Cummins Sales and Service is completed. Retainage balances not paid within 30 days after start-up/ commissioning is completed will be accessed a service charge rate equal to 1.5% per month on any outstanding balance. Generators, Transfer Switches, & Switchgear will be invoiced at the time of shipment. Orders are subject to the Cummins Power Generation (CPG/ Factory) cancellation policy. The exact dollar value of the cancellation charge will be determined after Cummins Sales and Service cancellation cost is determined. Equipment is custom fabricated to order. A Written notice of cancellation is required. Warranty: Cummins Sales and Service will administer the warranty of Cummins Inc. (Cummins) for new Cummins engines, and will administer the warranty of Onan Corporation (Onan) for new Onan generators. Cummins Sales and Service will also administer the warranty provided by the manufacturer for other new engines and equipment sold. Warranty certificates are provided by the equipment manufacturer or new engine sales locations, and additional copies are available from Cummins Sales and Service. The manufacturer's warranty is the only warranty that applies to new engines and equipment. Submittals: An order for the equipment covered by this proposal will be accepted on a Hold -for -Release basis. Your order will not be released & scheduled for production until written approval to proceed is received in our office. Testina & Commissioning: If included in the proposal, all on -site start-up/ commissioning, testing & training assumes weekdays, during standard Cummins Sales and Service business hours. Additional charges may be added for work requested to be done on overtime, weekends, & holidays. Third party electrical testing & certifications. seismic calculations, coordination studies, stamped engineering calculations, emissions testing, all other services & material not specifically listed in the preceding quotation. ASSURANcE 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.000 / 800.873/242 Pinnacol.corn Classic Contractors Inc P.O. Box 2798 Loveland, CO 80539-2798 ENDORSEMENT: Waiver Of Subrogation NCCI #: WC000313 Policy #: 4055078 Flood & Peterson/ Greeley PO Box 578 Greeley, CO 80632 (970) 356-0123 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE County of Weld 1150O St Greeley, CO 80631-9596 Effective Date: May 10, 2019 Pinnacol Assurance has issued this endorsement May 10, 2019 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 5 P karl.clacont@gmail.com- 05/10/2019 08:26:30 4055078 53861482 UW137 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 05/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Pinnacol Assurance 7501 E. Lowry Blvd. Denver, CO 80230-7006 CONTACT NAME: PHONE (A/C. No, Ext): E-MAIL ADDRESS: FAX (A/C, No): INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : Pinnacol Assurance 41190 INSURED Classic Contractors Inc 3995 North County Road 1 Loveland, CO 80539 INSURER B INSURER C : INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT; TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO MUNICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYiI POLICY EXP (MMOD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) i $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GE 'L AGGREGATE POLICY LIMIT APPLIES PRO - JECT PER: LOC GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS DED I LIAR RETENTION $ CLAIMS -MADE AGGREGATE $ $ A Pis WORKERS AND EMPLOYERS' COMPENSATION LIABILITY Y / N N / A _ 4055078 04/01/2019 04/01/2020 N., Ik PER STATUTE H ER E.L. EACH ACCIDENT $ 100,000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 100,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION 101 Unless OF otherwise Additional OPERATIONS / LOCATIONS 1 VEHICLES stated in the policy provisions, Remarks Schedule for supplemental (ACORD 101, Additional coverage cancellation Remarks Schedule, may be attached if more space is required) in Colorado only. Extention Office Remodel/Update 525 N. 15th Ave. Greeley, CO 80631 Refer to the ,- notification information. CERTIFICATE HOLDER CANCELLATION 1991693 County of Weld 1150O St Greeley, CO 80631-9596 karl.clacont@gmail.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Flood & Peterson/ Greeley ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORDs provided by Forms Boss. www.FormsBoss.com; (c) Impressive Publishing 800-208-1977 cord CERTIFICATE HOLDER COPY IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT (CONT) AGENCY CUSTOMER ID: N/A Loc #: N/A ACORO ADDITIONAL REMARKS SCHEDULE Page 4 of 5 AGENCY Flood & Peterson/ Greeley POLICY NUMBER 4055078 CARRIER Pinnacol Assurance NAIC CODE 41190 NAMED INSURED Classic Contractors Inc 3995 North County Road 1 Loveland, CO 80539 EFFECTIVE DATE: 05/10/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBERAcord 25 (2016/03FORM TITLE: Certificate of Liability Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO PROVIDE 10 DAYS WRITTEN NOTICE TO THE NAMED CERTIFICATE HOLDER, BUT FAILURE TO PROVIDE SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD County of Weld 1150OSt Greeley, CO 80631-9596 Client#: 21095 CLASSICC4 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bouchard Insurance (CLW) 101 N Starcrest Dr. Clearwater, FL 33765 727 447-6481 CONTACT NAME: PHONE (AlC, No, Ext): 727 447-6481 AI DRESS: cicerts@bouchardinsurance.com FAX (NC, No): 727 449-1267 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : American Builders Insurance Company 11240 INSURED Classic Contractors Inc PO Box 2798 Loveland, CO 80539 INSURER B : Artisan & Trucking Casualty Compay 10194 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INDICATED. THIS CERTIFICATE EXCLUSIONS IS TO CERTIFY NOTWITHSTANDING MAY BE AND CONDITIONS THAT ISSUED THE POLICIES OF ANY REQUIREMENT, OR MAY PERTAIN, OF SUCH POLICIES. INSURANCE LISTED TERM THE INSURANCE LIMITS BELOW HAVE BEEN ISSUED TO THE INSURED OR CONDITION OF ANY CONTRACT OR OTHER AFFORDED BY THE POLICIES DESCRIBED SHOWN MAY HAVE BEEN REDUCED BY PAID NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, CLAIMS. INSR R TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER (MM/DDY/YYYY) (MM/DDY/YYYY) EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y PKG014501506 03/11/2019 03/11/2020 EACH OCCURRENCE $1,000,000 $100,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) $5,000 X PD Ded:1,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENII_ AGGREGATE LIMIT APPLIES PER: POLICY X PRO - JECT LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: 03/22/2019 03/2212020k COMBINED SINGLE LIMIT a accident) $ 1 000,000 B AUTOMOBILE LIABILITY 021101066 BODILY INJURY (Per person) $ ANY AUTO BODILY (Per accident) INJURY $ OWNED AUONLY X ' SCHEDULED AUTOS PROPERTY DAMAGE (Per accident) $ HIRED AUTOS ONLY NON -OWNED AUTOS ONLY $ A X UMBRELLA LIAB X OCCUR UMB014501606 03/11/2019 03/11/2020 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAB 1 CLAIMS -MADE $ I DED Xi RETENTION $10000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N IA PER STATUTE OTH- ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ r the (See DESCRIPTION Project: Certificate general policy. Attached liability OF Public Holder Waiver OPERATIONS Defenders when Descriptions) is named of / subrogation LOCATIONS Build as required / additional by VEHICLES Out, written applies 822 (ACORD 7th insured contract, in 101, Additional Street, favor on subject of Greeley, a certificate Remarks primary CO to the Schedule, and 80631 terms, holder noncontributory may be attached if more conditions, as respects General space basis and exclusions is with Liability required) respect of only to CERTIFICATE HOLDER CANCELLATION Weld County, CO 1150 O Street Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 2 #S1075961/M1035471 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JONSH DESCRIPTIONS (Continued from Page 1 if required by written contract, and subject to the terms, conditions and exclusions as specified in the policy. SAGITTA 25.3 (2016/03) 2 of 2 #S 1075961 /M 1035471 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 April 22, 2019 To: Board of County Commissioners From: Toby Taylor Subject: County Road 15 Tower Upgrades; Bid (B1900084) As advertised, this bid is to upgrade the electrical services and Heating, Ventilation and Air Conditioning systems at the County Road 15 Tower located at 40800 County Road 15, Fort Collins, CO. The bid from Classic Contractors meets specifications. Therefore, Buildings and Grounds is recommending award to Classic Contractors for $209,576.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 5// acA "I)Eco WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: rturf@weldgov.com E -Mail: reverett(aweldgov.com E-mail: cmpetersweldgov.com Phone: (970) 400-4216, 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: APRIL 15, 2019 REQUEST FOR: COUNTY ROAD 15 TOWER UPGRADE DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1900084 PRESENT DATE: APRIL 17, 2019 APPROVAL DATE: MAY 1, 2019 VENDOR CLASSIC CONTRACTORS, INC PO BOX 2798 LOVELAND, CO 80539 TOTAL COMPLETION DATE $209,576.00 SEPTEMBER 13, 2019 THE DEPARTMENT OF BUILDINGS & GROUNDS IS REVIEWING THE BID. 410 2019-1494 Hello