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Home My WebLink About20223314.tiffCbri c+ I Dif SLI BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Clerk and Recorder backup generator DEPARTMENT: Facilities PERSON REQUESTING: Curtis Naibauer DATE: July 26, 2024 Brief description of the problem/issue: During the design of the old veteran's area in the Clerk and Recorder building, a need was identified to have this area covered by the backup generator. This change order will provide the design services to accomplish this. What options exist for the Board? 1. Approve the Change order. 2. Deny the change order. Consequences: Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $ 2,030.00 Recommendation: The facilities department recommends putting this on a future agenda for approval. Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine n Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: cc, 6,6,(,..,(66) eonwn+ ,dam ,/,s/a4- -7i1/24 2022-331} 5 00Z(1- June 26, 20243 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Curtis Naibauer Subject: Change Order # 2 — Architectural & Electrical Design Services for New Backup Generator 92200166 Cairn Design, LLC was awarded the contract for architectural and electrical design services for a new backup generator at the Weld County Clerk and Recorders Office. During the design work for the old veteran's area renovation, it was discovered that this area needed to be tied into the new backup generator. Therefore, this requires additional design and engineering services. Cairn Design, LLC has quoted the amount of $2,030.00 for these additional services. The Facilities Department is recommending the change order in the amount of $2,030.00. If you have any questions, please contact me at extension 2027. Sincerely, Curtis Naibauer Interim Director CHANGE ORDER #2 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND CAIRN DESIGN, LLC Date: June 26, 2024 Original Agreement: Weld County document no. 2022-3314 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 23,645.00 Original Contract Amount $ 3,615.00 Previously Approved Change order(s) Amount $ 2,030.00 Current Change Order Amount $ 29,290.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: Name: Kenneth Caudle Title: Engineering Manager ATTEST: W.,41;d4/0 JeliO;ok Weld C. n 'y Clerk to the B• and BY: Deputy Cl:/k to e B`f! . l . L, \ Kevin D. Ross, Chair JUL 1 5 2024 Date 07/08/2024 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO age 1of1 7c ° 020 as - 33 ��- CAIRN DESIGN, LLC kIko& & 10h& June 21, 2024 Alex Engelbert Weld County Facilities 1105 H Street Greeley, CO 80632 RE: Weld County Clerk and Recorder Generator - Architectural and Engineering Additional Services Scope of Work: The project will involve full architectural and engineering design and construction administration of the Weld County Clerk and Recorder Generator beyond the original limits of design. The additional services include the additional areas that previously held the Veteran's Services Department. The design includes: • The addition of the areas occupied by the Elections department. • The investigation and possible addition for the RTU feeding this area. Cairn Design, LLC will provide architectural and engineering design under this agreement including: • Architectural, HVAC (controls and power), and electrical details for a complete system. • Project management and construction administration. Scope of Services: The scope of services included in this proposal are limited to the following: • Full architectural and engineering services, with construction administration, as indicated above. Exclusions: • Design of any system not listed above including telecommunications cabling. • Design changes, layout changes, or value engineering requested by client or owner after the final submission. Compensation: Total Design Fee - $2,030.00 Changes in scope, additional trips to the site, or added services would be billed hourly, unless a fixed fee is agreed to in advance for the specific service. Sincerely, Ken Caudle, PE Engineering Principal 1805 Shealy Drive Fort Collins, Colorado 80526 (9101286-1968 Contract Form Entity Information Entity Name" CAIRN DESIGN LLC Entity ID" @00039527 Contract Name* CLERK AND RECORDER BACKUP GENERATOR Contract Status CTB REVIEW O New Entity? Contract ID 8474 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * CHANGE ORDER #2 TO CLERK AND RECORDER BACKUP GENERATOR TO ADD OLD VETERANS SPACE ONTO GENERATOR. (2022-3314) Contract Description 2 Contract Type* CHANGE ORDER Amount* $2,030.00 Renewable * NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Date * 07/15/2024 Due Date 07/11/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date 12/02/2024 Committed Delivery Date Renewal Date Expiration Date* 12/02/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 07/08/2024 07/09/2024 07/09/2024 Final Approval BOCC Approved Tyler Ref # AG 071524 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 07/15/2024 Con-hvac+I Dal 45c0 September 29, 2023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Change Order # 1 -Architectural & Electrical Design Services for New Backup Generator 82200166 Cairn Design, LLC was awarded the contract for architectural and electrical design services for a new backup generator at the Weld County Clerk and Recorders Office. After design was completed, it was determined that additional locations within the building need to be added to the backup generator. Therefore, this requires additional design and engineering services. Cairn Design, LLC has quoted the amount of $3,615.00 for these additional services. The Facilities Department is recommending the change order in the amount of $3,615.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director cc: Consu'1+-netick- to /9/a3 Zo2Z-331 } to/9 /Z3 gei0p2�- CHANGE ORDER # 1 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND CAIRN DESIGN, LLC Date: October 2, 2023 Original Agreement: Weld County document no. 2022-3314 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 23,645.00 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount $ 3,615.00 Current Change Order Amount $ 27,260.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: Name: Ken Caudle, PE Title: Engineering Manager ATTEST: V� G ;ci Weld C BY: Deputy Clertot e Date 10/02/2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO yy� Mike Freeman, Chair OCT 0 9 2323 Page 1 of 1 o@9-33 Iy Exhibit A -Change Order # 1 CAIRN � � 0p DESIGN, lL L C LA Ho. vu ih.. d o1 u ohh September 26, 2023 Alex Engelbert Weld County Facilities 1105 H Street Greeley, CO 80632 RE: Weld County Clerk and Recorder Generator - Architectural and Engineering Additional Services Scope of Work: The project will involve full architectural and engineering design and construction administration of the Weld County Clerk and Recorder Generator beyond the original limits of design. The additional services include the additional areas per the email received on September 18. The design includes: • The addition of the areas occupied by the Elections department. • The investigation and possible addition for the RTU feeding this area. Cairn Design, LLC will provide architectural and engineering design under this agreement including: • Architectural, HVAC (controls and power), and electrical details for a complete system. • Project management and construction administration. Scope of Services: The scope of services included in this proposal are limited to the following: • Full architectural and engineering services, with construction administration, as indicated above. Exclusions: • Design of any system not listed above including telecommunications cabling. • Design changes, layout changes, or value engineering requested by client or owner after the final submission. Compensation: Total Design Fee - $3,615.00 Changes in scope, additional trips to the site, or added services would be billed hourly, unless a fixed fee is agreed to in advance for the specific service. Sincerely, Ken Caudle, PE Engineering Principal 1805 Shealy Drive Fort Collins, Colorado 80526 [9101286-1968 Contract Form Entity Information Entity Name * CAIRN DESIGN LLC Contract Name * GENERATOR DESIGN (2022-3314) Contract Status CTB REVIEW Entity ID* @00039527 New Entity? Contract ID 7456 Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description CHANGE ORDER FOR DESIGN SERVICES -GENERATOR AT CLERK & RECORDERS OFFICE Contract Description 2 Contract Type" CHANGE ORDER Amount* $3,615.00 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- Buildi ngGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL EY@W EL DGOV.COM Requested BOCC Agenda Due Date Date* 10/05/2023 10/09/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2200166 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date 12/31/2023 Committed Delivery Date Renewal Date Expiration Date" 12/31/2023 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 10/03/2023 Approval Process Department Head Finance Approver Legal Counsel TOBY TAYLOR CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/02/2023 10/03/2023 10/03/2023 Final Approval BOCC Approved Tyler Ref # AG 100923 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 10/09/2023 Covqvacf- ( o5& PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND CAIRN DESIGN, LLC BACKUP GENERATOR ACHITECTURAL & ELECTRICAL DESIGN THIS AGREEMENT is made and entered into this ay of J , 2023, by and between the Board of Weld County Commissioners, on behalf of the Facilitie epartment, hereinafter referred to as "County," and Cairn Design, LLC, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) or Request for Proposal (RFP) as set forth in Bid Package No. B2200166. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be CorturH-firca ovoq/z3 G 20ZZ-331t} $60024 extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 2 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $23,645.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained 3 and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor 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 Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of 4 the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 5 d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 6 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Kenneth Caudle Position: PE Address: 1805 Sheely Dr. Address: Fort Collins, CO 80526 E-mail: ken@cairndesignllc.com Phone: 970-286-7968 TO COUNTY: Name: Toby Taylor Position: Director of Facilities Address: 1 105 H Street Address: Greeley, CO 80634 E-mail: ttaylor@weldgov.com Phone: 970-400-2020 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 7 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any 8 provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9 32. 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. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: Cairn Design, LLC By: Name: Ken Caudle Title: Engineering Manager 12/20/2022 Date of Signature WELD C:Q�CJ�dT ATTEST: Wel. County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board r � t "/4 � Mike Freeman, Chair to JAN 0 4 2023 o& - 55/V" Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: OCTOBER 28, 2022 BID NUMBER: B2200166 DESCRIPTION: ARCHITECTURAL & ELECTRICAL DESIGN SERVICES FOR NEW BACKUP GENERATORS DEPARTMENT: FACILITIES MANDATORY PRE -BID CONFERENCE DATE: NOVEMBER 14, 2022 BID OPENING DATE: NOVEMBER 28, 2022 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as. "Weld County"), wishes to purchase the following: ARCHITECTURAL & ELECTRICAL DESIGN SERVICES FOR NEW BACKUP GENERATORS A mandatory pre -bid conference will be held on November 14, 2022, 2022 at 1:00 PM at the Weld County Facilities Building located at 1105 H Street, Greeley, CO 80631. Meet in the front lobby. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: November 28, 2022 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on November 28, 2022 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, Fort St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 806 565 015# PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Pid_ Delivery to Weld County: 1. Emailed bids are required. Email bids to bidsweldgov.com; however, if your bids exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid is received. Please call Purchasing at 970-400-4222 or 4223 with any questions. 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 be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone n ot otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Bid Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, e ntitled, "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 for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also u nderstood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that 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), 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 RFB. 4. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID REQUEST #B2200166 Page 2 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 pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and 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 employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. BID REQUEST #B2230166 Page 3 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. I he 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 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 u njustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall n ot 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 o bligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld BID REQUEST #B2200166 Page 4 County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to 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 o bligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee o r 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 u nenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. BID REQUEST #B2200166 Page 5 X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. 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. 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 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 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 coverages 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 defend, indemnify and hold harmless County, its officers, agents, and employees; from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, 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 Contract Professional to conform to any statutes, ordinances, regulation; law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of 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. It is agreed that the Contract Professional 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 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, agents, and volunteers for losses arising from the work performed by the Contract Professional BID REQUEST #B2200166 Page 6 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; $1 ,000,000 general 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. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 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. 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 coverages required of Contract Professional. Contract BID REQUEST #B2200166 Page 7 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. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2200166 Page 8 SCOPE OF WORK Architectural and Electrical Design Services for New Backup Generators PROJECT OVERVIEW: Weld County is looking for Architectural Design and Electrical Engineering Services for adding backup generators and architectural changes to the following buildings/addresses. Community Corrections located at 1101 H Street, Clerk and Recorder's Office located at 1250 H Street, Fleet/Maintenance located at 1399 N 17th Avenue, and Alternative Programs located at 1390 N 17th Avenue, Greeley, CO 80631. Currently these buildings do not have any backup generators. METHOD OF PROCUREMENT: Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. PROJECT SCOPE: The scope of this project is to design four new generators for Alternative Programs, Community Corrections, Clerk and Recorder's Office, and Fleet. The bidding firm is to include design services for new generator sizing appropriate to each facility, transfer switch, and generator screening as well as all architectural work. The design consultant will be responsible for designing all scopes of work as outlined below. The below scope of work should be considered as the minimum that the consultant shall provide within the bid. 1. Consultant shall provide working construction drawings and engineering documents for all new backup generators and architectural changes. These documents will be used to bid the new backup generators in a competitive bid for construction. 2. Consultant will be responsible for reviewing existing electrical equipment and conditions to determine the requirements for new backup systems. 3. New equipment shall be sized and designed to meet the needs of the spaces in which they serve. 4. Design services shall include the sizing and infrastructure for the new generators as well as connection and integration into the existing building electrical systems for a complete working backup generator for each building. 5. The design shall also include showing any necessary repairs that will be needed to the building, parking lot, sidewalks and landscaping affected by the new work. 6. Design for emergency loads will consist of heating, lighting, and some convenience outlets. Complete list of loads will be determined as part of the design process. Emergency panels will be included in the design. 7. Design to include a day tank for each generator. Sizing of tanks to be based on size of generator and consumption of generator. 8. Design for screening will be required around each of the generators which will need to be included in the bid. 9. This bid will be for all engineering required for a final complete set of "for construction drawings". This includes any necessary documents for review and approval of the Weld County Planning Department. 10. A site survey may be required for plotting new generator locations. If necessary, the design firm to include this within the bid. Weld County will provide available PDF documents associated with these four buildings. BID REQUEST #B2200166 Page 9 11. Auto Transfer Switches to be designed to be compatible with facility loads and generator output. 12. Consultant shall perform an electrical load study to determine generator capacity requirements. 13. Design to include generator block heaters and battery chargers. 14. Specifications will be provided by the engineer as part of the design deliverable. 15. Design consultant will be required to review Request for Information (RFI) and submittals and provide responses back on the content submitted. 16. Design consultant to evaluate noise level requirements and incorporate these evaluations with screening as necessary. 17. A civil utility survey to be provided as needed only for the new generator pad and screen wall construction. 18. The owner has existing electrical and building drawings for all structures in PDF format that have been scanned from the original drawings. We do not have any .DWG building or electrical drawings that can be used for backgrounds. All backgrounds needed for this project will need to be created by the consultant. 19. Specify any necessary Site Acceptance Testing or Factory Acceptance Testing. PROJECT PRIORITY SCHEDULING: Design work can be ongoing with all buildings at one time, but we will designate buildings priorities. We will prioritize each building as to the importance of completing the construction and expect that top priority buildings design will be finished ahead of lower priority buildings. This will enable us to get top priority buildings out for bid and completed sooner. This will require a complete finished set of construction documents for each building independent of the others. PLANS / DOCUMENTS: (At a minimum the County requires the following for each building) 1. Single -line drawings 2. Load calculations for generator sizing 3. Panel schedules 4. Plan and section views of new equipment locations 5. Conduit routing plans 6. Grounding plans 7. Civil and architectural drawings as needed 8. Electrical and controls drawings, including wiring schematics for all new systems and connections to existing systems 9. Complete package of vendor drawings from the approval stage through final design 10. Provide complete hard copies and electronic AutoCAD files of project final drawings to the County 11. All related engineering calculations, QA/QC, and manufactured equipment documentation 12. Any and all other items required by referenced codes, standards, and ordinances DATA AND INFORMATION REVIEW: The consultant shall be responsible for researching, collecting, and analyzing relevant information needed to effectively execute this scope of work. The consultant shall be responsible for: A. Local, state, and federal regulations. B. Weld County will provide copies of existing plans, as needed, on a per project basis. Computer - Aided Design (CAD)/AutoCAD copies of plans are typically NOT available. BID REQUEST #B2200166 Page 10 PROJECT SUMMARY AND REPORT: Upon completion of construction work, the consultant shall prepare final as built of the project. A. Provide to Weld County one (1) hard copy and one (1) set of PDF documents of the completed project documented along with AutoCAD files with final as built of the project. B. Conduct a post -meeting debriefing discussion with the County Project Team. USE OF SUB CONSULTANTS: The bidder shall indicate in their bid any work intended to be performed by sub -consultants or persons outside of the firm. The bidder shall name the sub -consultants, if known, at the time of bid submittal. QUALIFICATIONS & INSURANCE: Qualifications and insurance, at a minimum, should include the following: • The consultant(s) must have Architect(s)/Engineer(s) current State license(s). • Must carry Professional Liability Insurance (PLI), also called Professional Indemnity Insurance (PII) but more commonly known as Errors & Omission (E&O). AWARD AND AGREEMENT: A sample of Weld County's "Professional Services Agreement" is included with this request for bid and posted on the web site. It is expected that any exceptions or requested additions to the attached agreement be stated and submitted with your bid. The County makes no guarantee any changes or concessions to the standard agreement will be made but will review and consider all requests. SCHEDULE: Below is the anticipated schedule for this project: Date Of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Design Start Design Completion: October 28, 2022 October 28, 2022 November 14, 2022 November 18, 2022 November 28, 2022 December 14, 2022 December 28, 2022 Immediately upon receipt of signed contract April 28, 2023 BID REQUEST #B2200166 Page 11 PROPOSED DATES: Please provide proposed schedule dates. Design Start Design Completion FEES: Provide complete cost for the base bid. BASE BID: $ BID REQUEST #82200166 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on November 28, 2022: 1) Pages 9 thru 14 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid, it may be disqualified. BID REQUEST #B2200166 Page 13 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 No. #B2200166. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying Bid sheets. 4. 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, DATE ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Scott K. James, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB1022 BID REQUEST #B2200166 Page 14 ARCHITECTURAL & ELECTRICAL DESIGN SERVICES FOR NEW BACKUP GENERATORS Question & Answer B2200166 Question: Are record docs (PDF format) available for review prior to generating the proposal? Answer: Not available for distribution. However, what is available will be provided to the awarded contractor. Question: Clerk and Recorder building was noted as the 1St priority, what buildings would be 2, 3, & 4 priority? Answer: 2. Fleet, 3. Community Corrections, 4. Alternative Programs Question: Want to verify that sheet specs are permissible? Answer: Yes, as long as all needed information is provided on sheets. Question: Is there known to be any asbestos in any of the 4 buildings? Answer: Unknown Question: Please confirm that Drawing Specifications are acceptable in lieu of a spec book. Answer: Yes, as long as all needed information is provided on sheets. Question: Should the design team carry a geotechnical engineer, or will Weld County be providing a geotechnical report for each location? Answer: Design team to carry geotechnical engineer. Question: Please confirm that each generator will be viewed as a separate project requiring an individual drawings and specifications package. Answer: Yes, each generator will have individual drawings and specifications. One full package is to be produced for rev ew and permitting. Each project's construction will be bid separately. Question: Are the generators intended to fully back up (100% backup) each of the buildings. Answer: No, backup generators to provide power for essential emergency loads. Emergency circuits to be determined after the project has been awarded. Question: Are the generators intended to serve emergency loads, such as lighting, and the existing battery packs be eliminated? Answer: Yes, including current UPS or battery packs for IT racks to remain. Question: If not 100% back up, is the design intent for the County to manual shed loads? Or should the design include new distribution to critical equipment? Answer: The County would like new distribution to critical equipment that is defined during design phase. ARCHITECTURAL & ELECTRICAL DESIGN SERVICES FOR NEW BACKUP GENERATORS Question & Answer B2200166 Question: Is it acceptable to provide exterior gear (new panels, switchboards, and ATS)? Answer: The County would like to contain all gear within the electrical rooms individually designated for each building. Question: Will there be weekly in person meetings with Weld County during the design phase? Answer: Yes, there will be weekly meetings in person. Question: Will construction management be necessary? Answer: Yes, contractor is responsible for RFI, submittal review/approval, and site visits for anomalies. Fees for these services should be included in the submitted bid. Exhibit B Summary and Statement of Understanding Summary This response to the RFP is hereby submitted by Cairn Design, LLC with the following design team. Project Management Cairn Design, LLC is submitting this proposal and will be the prime. Cairn Design, LLC will lead all project management duties. Architectural The proposed architectural design team for this project is Cairn Design, LLC. Cairn Design, LLC will provide the Architectural Design and details. Electrical Engineering Cairn Design, LLC Civil / Site Engineering i2 Consultants, Inc. Team History The principals of Cairn Design, LLC have been working on projects together since the mid 1990's. They have been consultants on each other's projects periodically during this time and decided to create Cairn Design, LLC in 2017. Cairn Design, LLC has teamed with i2 Consultants, Inc. on Weld County projects. Statement of Understanding Cairn Design, LLC and the sub -consultants listed herein have thoroughly reviewed the issued RFP and all addenda. The mandatory Pre -Proposal conference was attended by the Project Manager, Ken Caudle, and the facility was visited during this conference. The general scope, as it pertains to the design and construction of the facility is as understood below: New Backup Generators The scope of this project consists of designing backup generators at 4 separate Weld County buildings that currently do not have generator power. The design will include the generator, sub -base fuel tank, automatic transfer switch, electrical distribution, equipment pad and screen wall, and all items required for a complete system. The screen wall will be architectural in nature and match or blend with the surrounding area and/or building. Electrical Engineering, Architectural Design and Civil Engineering will be provided as required for each site. We do not anticipate any significant HVAC or plumbing changes. 2 Similar Projects: Weld County Generators — Weld County, CO Ken Caudle, PE with Cairn Design, LLC was the electrical engineer for a completed project to install generators at three Weld County facilities. Two generators were diesel powered, the third was natural gas. The two diesel generators were provided at grader shed / maintenance facilities. The natural gas generator was for the Southwest Service Center and was provided with a screen wall to match the brick building. Weld County Buildings and Grounds Generator — Weld County, Greeley, CO Cairn Design, LLC designed a project to relocate an existing generator owned by Weld County to the Buildings and Grounds offices. The generator system consists of the generator, transfer switch and electrical distribution to feed selected loads throughout the building. City of Brighton Well Site Generators — Brighton, CO Cairn Design, LLC is on a team to design emergency generator backup systems for the City of Brighton's well sites. Cairn Design, LLC performed the electrical field surveys, electrical load calculations, load study, and sized and specified the generators for 6 individual sites. Along with the project mentioned above, the architects and engineers at Cairn Design, LLC have included generators at several sites including the Weld County Sheriffs Range, Boulder Motor Pool, and dozens of data centers and public safety facilities. Lawsuit Information Cairn Design, LLC and i2 Consultants, Inc. have not, and currently do not have any lawsuits pending or being threatened. Insurance and W9 Information Cairn Design, LLC and their sub -consultants are licensed in Colorado and carry all necessary insurance as spelled out in the RFP. The County is currently listed as "addition insured" and has a copy of the certificate of insurance. The County has received our W9 and is up to date. Schedule With the majority of the design work being developed in house and limited reliance on sub - consultants, we estimate a completion date of no later than April 7, 2023 with a contract date of December 28, 2022, based on our anticipated work load. This schedule assumes one meeting to define the loads, weekly progress meetings, a preliminary design review meeting and a final design review meeting. With the limited size of the generators and screening, we do not anticipate the necessity for a topographical survey at any of the sites. Due to the topography at the Alternative Programs site, a geotechnical report may be required and could impact this schedule. 3 Capabilities, Qualifications, History and Experience Cairn Design, LLC — Architecture, Project Management and Electrical Engineering Cairn Design, LLC, started in 2017 and located in Fort Collins, Colorado provides architectural and engineering services to the Colorado Front Range. Asa woman -owned small business, we specialize in municipal; commercial; higher education; federal and local government; space planning; tenant fit - out; and telecommunications projects. We work to integrate high performance, sustainable principles in every design. With more than 50 years, combined, in the business, the owners of Cairn Design, LLC in Fort Collins, Colorado offer expert in-house Architectural and Electrical Engineering services. The principals collaborated on projects for more than twenty years, prior to forming the firm. We are licensed in several states throughout the country and are qualified to add more as needed. Primary areas of expertise include telecommunications; sustainable design; and commercial, higher education, and federal and local government projects. We have broad experience in both new construction and renovation projects. Our focus is working as a team with all members of the design build process, the owners, the users, the contractors and the consultants. The project manager for Cairn Design, LLC, Ken Caudle has extensive experience in medical and lab projects, large office projects, industrial projects and municipal projects including high - end Town Hall and City Council chambers with NV, sound and recording. With his experience in the medical and lab fields Ken was chosen to lead the electrical committee to update and rewrite the 2008 edition of the Design Requirements Manual for the National Institutes of Health. He was also the engineer of record for multiple biomedical labs, operating rooms and medical facilities at NIH in Bethesda, MD and Presbyterian Hospital in Charlotte, NC. Cairn Design, LLC has experience working with Weld County on the 2019 and 2022 On -Call contracts and provided design and construction administration services for: Centennial Courtrooms, DA Offices and Upgrades Justice Services Offices Building 1400 — Treasurer's Offices Public Works Storage Building Weld County Sheriffs Range and Classroom Motor Pool Welding Bay Exhaust Weld County Jail Courtroom Probation Offices Renovations Public Works Truck Parking Weld County Attorney's Offices 4 i2 Consultants, Inc.- Civil Engineering i2 Troy Campbell, owner of i2 Consultants, Inc., has more than 26 years of diverse civil engineering experience. Troy formed i2 Consultants, Inc. in early 2020, as there was an opportunity in civil engineering to provide Consultants, Inc. excellent and timely service for land development and municipal clients and projects throughout Colorado. 12 Consultants, Inc. provides civil engineering design for multiple private and municipal projects such as the following: Fort Collins Montessori School, Fort Collins, Colorado. The project was also constrained by existing utilities adjacent to the project and is adjacent to two (2) arterial roadways. The site improvements included the building, parking areas, accesses and landscaping. The civil engineering design included utilities, roadway widening, detailed site grading, erosion control, low impact development and detention pond design. Frederick -Firestone Fire Protection District Station No. 4, Frederick, Colorado. The site needed to be raised out of the floodplain in order to become a buildable lot. The site improvements included the building, parking areas, accesses and landscaping. Berthoud Public Works Building. This project consisted of the civil engineering design for a single metal building with accesses on three sides. The site improvements included the building, parking areas, accesses and landscaping. The civil engineering design included utilities, detailed site grading, erosion control and drainage. Town of Firestone Town Hall Building Addition, Firestone, Colorado. The site improvements included the building addition, parking areas, accesses and landscaping. The civil engineering design included utilities, detailed site grading, erosion control and drainage. The existing elevations around the building consisted of significant grade changes and created challenges to design the addition at the same finished floor elevation as the existing building. Campus Style Industrial Development, Northern Colorado. This project consisted of the civil engineering design for three (3) metal buildings. The site improvements included the buildings, parking areas, accesses and landscaping. The civil engineering design included utilities, detailed site grading, erosion control and drainage. The project followed a Site Plan process and planning was required for future phases in an effort to accommodate the phased development. Coyote Gulch Regional Park, Northern Colorado. This roughly 5 -acre neighborhood park included shelters, courts, trails and a children's play area. The civil engineering design included detailed site grading, erosion control and drainage. The local municipality was the client and direct correspondence with the landscape architect, planner and municipal owner was required. 5 Original Solicitation and Fee Sheet 6 SCOPE OF WORK Architectural and Electrical Design Services for New Backup Generators PROJECT OVERVIEW: Weld County is looking for Architectural Design and Electrical Engineering Services for adding backup generators and architectural changes to the following buildings/addresses. Community Corrections located at 1101 H Street, Clerk and Recorder's Office located at 1250 H Street, Fleet/Maintenance located at 1399 N 17th Avenue, and Alternative Programs located at 1390 N 17th Avenue, Greeley, CO 80631. Currently these buildings do not have any backup generators. METHOD OF PROCUREMENT: Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. PROJECT SCOPE: The scope of this project is to design four new generators for Alternative Programs, Community Corrections, Clerk and Recorder's Office, and Fleet. The bidding firm is to include design services for new generator sizing appropriate to each facility, transfer switch, and generator screening as well as all architectural work. The design consultant will be responsible for designing all scopes of work as outlined below. The below scope of work should be considered as the minimum that the consultant shall provide within the bid. 1. Consultant shall provide working construction drawings and engineering documents for all new backup generators and architectural changes. These documents will be used to bid the new backup generators in a competitive bid for construction. 2. Consultant will be responsible for reviewing existing electrical equipment and conditions to determine the requirements for new backup systems. 3. New equipment shall be sized and designed to meet the needs of the spaces in which they serve. 4. Design services shall include the sizing and infrastructure for the new generators as well as connection and integration into the existing building electrical systems for a complete working backup generator for each building. 5. The design shall also include showing any necessary repairs that will be needed to the building, parking lot, sidewalks and landscaping affected by the new work. 6. Design for emergency loads will consist of heating, lighting, and some convenience outlets. Complete list of loads will be determined as part of the design process. Emergency panels will be included in the design. 7. Design to include a day tank for each generator. Sizing of tanks to be based on size of generator and consumption of generator. 8. Design for screening will be required around each of the generators which will need to be included in the bid. 9. This bid will be for all engineering required for a final complete set of "for construction drawings". This includes any necessary documents for review and approval of the Weld County Planning Department. 10. A site survey may be required for plotting new generator locations. If necessary, the design firm to include this within the bid. Weld County will provide available PDF documents associated with these four buildings. BID REQUEST #62200166 Page 9 l I . Auto Transfer Switches to be designed to be compatible with facility loads and generator output. 12. Consultant shall perform an electrical load study to determine generator capacity requirements. 13. Design to include generator block heaters and battery chargers. 14. Specifications will be provided by the engineer as part of the design deliverable. 15. Design consultant will be required to review Request for Information (RFl) and submittals and provide responses back on the content submitted. 16. Design consultant to evaluate noise level requirements and incorporate these evaluations with screening as necessary. 17. A civil utility survey to be provided as needed only for the new generator pad and screen wall construction. 18. The owner has existing electrical and building drawings for all structures in PDF format that have been scanned from the original drawings. We do not have any .DWG building or electrical drawings that can be used for backgrounds. All backgrounds needed for this project will need to be created by the consultant. 19. Specify any necessary Site Acceptance Testing or Factory Acceptance Testing. PROJECT PRIORITY SCHEDULING: Design work can be ongoing with all buildings at one time, but we will designate buildings priorities. We will prioritize each building as to the importance of completing the construction and expect that top priority buildings design will be finished ahead of lower priority buildings. This will enable us to get top priority buildings out for bid and completed sooner. This will require a complete finished set of construction documents for each building independent of the others. PLANS / DOCUMENTS: (At a minimum the County requires the following for each building) 1. Single -line drawings 2. Load calculations for generator sizing 3. Panel schedules 4. Plan and section views of new equipment locations 5. Conduit routing plans 6. Grounding plans 7. Civil and architectural drawings as needed 8. Electrical and controls drawings, including wiring schematics for all new systems and connections to existing systems 9. Complete package of vendor drawings from the approval stage through final design 10. Provide complete hard copies and electronic AutoCAD files of project final drawings to the County 1 l . All related engineering calculations, QA/QC, and manufactured equipment documentation 12. Any and all other items required by referenced codes, standards, and ordinances DATA AND INFORMATION REVIEW: The consultant shall be responsible for researching, collecting, and analyzing relevant information needed to effectively execute this scope of work. The consultant shall be responsible for: A. Local, state, and federal regulations. B. Weld County will provide copies of existing plans, as needed, on a per project basis. Computer - Aided Design (CAD)/AutoCAD copies of plans are typically NOT available. BID REQUEST #B2205166 Page 10 PROJECT SUMMARY AND REPORT: Upon completion of construction work, the consultant shall prepare final as built of the project. A. Provide to Weld County one (1) hard copy and one (1) set of PDF documents of the completed project documented along with AutoCAD files with final as built of the project. B. Conduct a post -meeting debriefing discussion with the County Project Team. USE OF SUB CONSULTANTS: The bidder shall indicate in their bid any work intended to be performed by sub -consultants or persons outside of the firm. The bidder shall name the sub -consultants, ifknown, at the time of bid submittal. QUALIFICATIONS & INSURANCE: Qualifications and insurance, at a minimum, should include the following: • The consultant(s) must have Architect(s)/Engineer(s) current State license(s). • Must carry Professional Liability Insurance (PLI), also called Professional Indemnity Insurance (PII) but more commonly known as Errors & Omission (E&O). AWARD AND AGREEMENT: A sample of Weld County's "Professional Services Agreement" is included with this request for bid and posted on the web site. It is expected that any exceptions or requested additions to the attached agreement be stated and submitted with your bid. The County makes no guarantee any changes or concessions to the standard agreement will be made but will review and consider all requests. SCHEDULE: Below is the anticipated schedule for this project: Date Of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Design Start Design Completion: October 28, 2022 October 28, 2022 November 14, 2022 November 18, 2022 November 28, 2022 December 14, 2022 December 28, 2022 Immediately upon receipt of signed contract April 28, 2023 BID REQUEST #82200166 Page 11 PROPOSED DATES: Please provide proposed schedule dates. Design Start 12/28/2022 Design Completion 04/07/2023 FEES: Provide complete cost for the base bid. BASE BID: $ 23,645.00 BID REQUEST #82200166 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid ooenlnd deadline of 10:00 AM on November 28.2022: 1) Pages 9 thru 14 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid, it may be disqualified. BID REQUEST #82200166 Page 13 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 No. #B2200166. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying Bid sheets. 4. 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 Cairn Design, LLC BUSINESS ADDRESS 1805 Sheely Drive BY Kenneth Caudle, PE (Please print) DATE 11/28/2022 CITY, Fort Collins STATE, CO 80526 ZIP CODE TELEPHONE NO (970) 286-7968 FAX SIGNATURE TAX ID # 46-5622900 E-MAIL ken@cairndesignllc.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Scott K. James, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB1022 BID REQUEST #B2200166 Page 14 CAIRDES-01 CKING CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/30/2022 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 PUI Agency of Colorado, Inc. P.O. Box 3412 Littleton, CO 80161 CONTACT NAME: PHONE FAX (ac, No, E.(720) 465-9116 (ac, No(248) 553-8305 Vass: CKing@profunderwriters.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A:RLI Insurance Company 13056 INSURED Cairn Design, LLC 1805 Sheely Drive Fort Collins, CO 80526 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 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD- SUBR INSD N/VD POLICY NUMBER POLICY EFF IMM/DD/YYYYI POLICY EXP fMM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR PSB0007254 9/11/2022 9/11/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,1)00,000 GEN.L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ PR/- LOC JE T OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 $ $ A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTEO�S ONLY AUTOS ONLY SCHEDULED AUTO�pSWN X AUOTOS ONLY PSB0007254 9/11/2022 9/11/2023 (ECOMBINED SINGLE LIMIT a accident) $ 1,000,000 BODILY INJURY Per person) $ BODILY INJURY (Per accident) $ (Per acadentDAMAGE $ UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ AND EMPLOYE PRIABILOITY Y/ N OFFICER/MEMBER EJCCLUDED? ECUTIVE ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A I STATUTE I I EORH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A A Architects/Engineers Architects/Engineers RDP0048147 RDP0048147 9/11/2022 9/11/2022 9/11/2023 9/11/2023 Each Claim Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld Coun tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1150 O Street Greeley, CO 80631 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form New Contract Request Entity Inform Entity Name* CAIRN DESIGN LLC Entity ID* 000039527 ❑ New Entity? Contract Name* Contract ID BACKUP GENERATOR ARCHITECTURAL & ELECTRICAL 6588 DESIGN Contract Status CTB REVIEW Contract Description* BACKUP GENERATOR ACHITECTURAL & ELECTRICAL DESIGN Contract Description 2 Contract Type* CONTRACT Amount* $23,645.00 Renewable" NO Automatic Renewal Grant Contract Lead SGEESAMAN Contract Lead Email sgeesamanOco.weld.co.us Parent Contract ID Requires Board Approval'. YES Department Project Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 12 24/2022 12,28;2022 Department Email CM- BuildingGroundssfweldgov.c Om Department Head Email CM-BuildingGrounds- DeptHeadg,Neldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY! WELDG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP#* B2200166 If this is a renewal enter previous Contract ID If this is part of a NSA enter M5A Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date * Renewal Date 05 15%2023 Termination Notice Period Committed Delivery Date Expiration Date • 05;15:2023 Contact Information Contact Info Contact Name Purchasing tact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date CHRISTIE PETERS 12z 27 2022 Approval Process Department Head TOBY TAYLOR DH Approved Date 12120/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 01;04,2023 Originator SGEESAMAN Finance Approver CHRIS D'OVIDIO Legal Counsel MATTHEW CONROY Finance Approved Date Legal Counsel Approved Date 12,'20; 2022 1 2 21 r 2022 Tyler Ref # AG 010423 December 16, 2022 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Architectural & Electrical Design Services for new backup generators recommendation — B2200166 As advertised this bid is for the architectural and electrical design services for new back up for Community Corrections, Motor Pool, Clerk and Recorder, and Alternative Programs. The low bid is from Cairn Design, LLC and meets specifications. Therefore, Facilities is recommending the award to Cairn Design, LLC in the amount of $23,645 If you have any questions, please contact meat extension 2023. Sincerely, Toby Taylor Director ao,2A-3,31s WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 reverett(6 weldgov.com coeisert(a.weldgov.com cmoetersna.weldgov.com Phone: (970) 400-4222, 4223 or 4216 Fax: (970) 400-4024 DATE OF BID: NOVEMBER 28, 2022 REQUEST FOR: ARCHITECTURAL & ELECTRICAL DESIGN SERVICES FOR NEW BACKUP GENERATORS DEPARTMENT: FACILITIES BID NO: B2200166 PRESENT DATE: NOVEMBER 30, 2022 APPROVAL DATE: DECEMBER 19, 2022 VENDOR START FINISH DATE DATE TOTAL CAIRN DESIGN, LLC 12/28/2022 4/7/2022 $23,645.00 1805 SHEELEY DRIVE FT. COLLINS, CO 80526 ROBERT SHREVE ARCHITECTS & PLANNERS, INC. 12/29/2022 4/28/2022 $45,836.00 801 8TH STREET, SUITE 120 GREELEY, CO 80631 CLP ENGINEERING, LLC 12/28/2022 4/28/2022 $170,900.00 6312 S. FIDDLERS GREET CR, STE 200E GREENWOOD VILLAGE, CO 80111 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2022-3314 8COO?-I Hello