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Home My WebLink About20240524.tiffConkaarNi-7q401 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & CE POWER SYSTEMS - BACKUP GENERATOR FOR ALTERNATIVE PROGRAMS PROJECT �h THIS AGREEMENT is made and entered into this 5 day of , 2024, by and between the Board of Weld County Commissioners, on behalf of the acilities Department, hereinafter referred to as "County," and CE Power Systems, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2400033. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. ee,o 0,0113-EAlf 1-1/15/Nu 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Facilities Department or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $ 398,208, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CO1''IDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construedto be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) the Work includes Construction Surveying and/or Survey Monumentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. 1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. 2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. 3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. 4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 year floodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. 5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. 6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). 7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 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 any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Vahid Habibi Position: Owner Address: 5454 Washington #3 Address: Denver, CO 80216 E-mail: vahid@cepowersys.com Phone: 720-233-5596 County: Name: Chris Coulter Position: Facilities Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: rcoulter@weldgov.com Phone: 970-400-2023 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by bath parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of federal or state law. If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States, if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise ccm rary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. 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. 33. 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 A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: CE Power Systems ,/; 03/25/2024 By: o.,. �o�.o�lsea�, �a �� Name: Vahid Habibi Title: President WELD COUNTY: ATTEST: Weld C.0 ty Clerk to the B BY: Deputy Clerk t Date of Signature BOARD OF COUNTY COMMISSIONERS WELD CO r TNT Q,nr ORADO Kevin D. Ross, Chair APR 1 5 2024 EXHIBIT A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17T" AVENUE GREELEY, CO 80631 DATE: JANUARY 24, 2024 BID NUMBER: B2400033 DESCRIPTION: BACKUP GENERATOR FOR ALTERNATIVE PROGRAMS DEPARTMENT: FACILITIES MANDATORY PRE -BID: FEBRUARY 7, 2024 BID OPENING DATE: FEBRUARY 21, 2024 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: BACKUP GENERATOR FOR ALTERNATIVE PROGRAMS A mandatory pre -bid conference will be held on February 7, 2024 at 1:00 PM at Alternative Programs Facility located at 1390 N. 17th Avenue, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: February 21, 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 21, 2024 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 660 113 523# 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. Bid Delivery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bids weld.gov; 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. B. 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 itle 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 corn oration shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the 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, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No resporsibility 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 understood that 1A. eld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-1-0 (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 WE ive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinior 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 bidders 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 ', ear. BID REQUEST #B2400033 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 e nforcement 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 o r 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 u nder 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 #B2400033 Page 3 I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will b3 afforded full opportunity to submit bids in response to all invitations and will not be discriminated aga nst 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 n3cessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely corn pletion, 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. Terminati pn: 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. Extensior or Modification: Any amendments or modifications to this agreement shall be in writing signed by both pasties. No additional services or work performed by the successful bidder shall be the basis for additional corrpensation unless and until the successful bidder has obtained written authorization and acknowledgemen- 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 an/ increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enfc rce 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 th 3 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 #B2400033 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. H24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate 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 u ntil 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 #B2400033 Page 5 X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bic der agrees to be solely responsible for the accurate reporting and payment of any taxes related to paymerts 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 writi ig by County. 6. INSURANCE REQUIREMENTS: Insurance and Irdemnification. 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 aursuant 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 requi -ed 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 an 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 Professi anal. 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. —he 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 ok ligations 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 adcitional 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: Ths Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and emp oyees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Cortract 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 c r in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions o- 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 #B2400033 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 #B2400033 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 Jf which forms an integral part of this Agreement. Those documents are specifically incorporated here n by this reference. BID REQUEST #B2400033 Page 8 SCOPE OF WORK Generator Backup System for Alternative Programs PROJECT OVERVIEW: Weld County is seeking bids for a turn -key lump sum project to furnish and install backup generator systems for the Alternative Programs at 1390 N 17th Ave. in Greeley, Colorado. 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 for the complete procurement and installation of a generator backup system and associated electrical work for Weld County's Alternative Program facility as specified in attachment B. This will include all scopes outlined in the provided documents, as well as all other associated scopes needed to complete a full generator backup system at this location. Project documents and specifications have been provided per the following attachment to this bid. Contractor will be responsible for procuring and executing all scopes of work as outlined and specified in the projects contract documents that have been provided during this bid request per the attachment outlined above. It is the contractor's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included in their bid submission. This will include all scopes outlined in the provided documents, as well as all other associated scopes needed to build out the proposed generator backup system designed for the Weld County Justice Services — Alternative Program Facility. ATTACHMENTS: ➢ Attachment A: Weld County Project Documents ➢ Attachment B: Construction Documents PROJECT SPECIFIC TERMS AND CONDITIONS: 1. This is a turnkey project which include but not limited to generators, concrete pad, enclosure, and all associated electrical work. 2. All equipment and materials shall be submitted and approved prior to construction. The County Project Manager is to review and approval all colors prior to installation. 3. Work during business hours will be acceptable. This facility is operational 24/7. The contractor will be required to provide uninterrupted power for any major power transfers. The contractor is to minimize any disruptive work and the County reserves the right to shut down any work that is deemed disruptive to the facility operations or clients. 4. Any work being performed in this facility needs to be coordinated one week prior to commencement. 5. All grounding is to be installed per code. BID REQUEST #B2400033 Page 9 6. Contractor to Drovide fire caulking or foam for all fire rated penetrations. A detailed submittal of all penetrat_ons is to be provided to the owner / engineer for review and approval. All other non -fire rate penetrations to have a weather tight seal. 7. All supports, raceways, and electrical devices to be submitted and approved prior to construction. 8. Contractor is to be certified for installation of specified generator. 9. A State licens electrician is required for all electrical work. 10. Contractor is responsible for filling all appropriate fluids to fully operate and test backup generator. 11. Contractor is responsible for lubricating all necessary components for backup generator. 12. Contractor to adjust and test automatic transfer switch in normal and emergency mode. Starting and testing the system in automatic mode simulating power failures from the utility. Electrical wires, pipes aid devices shall comply with UL standard and meet National Electric Codes. 13. All materials and equipment incorporated into the project shall be new unless noted otherwise. The Contractor shall transport and safeguard all materials and equipment required for construction. 14. Contractor to coordinate all irrigation lines with Weld County. 15. Generator sha 1 be installed according to manufacturer's specifications. 16. It will be the contractor's responsibility to include in this bid Set Point control configuring based on RTL= sequencing, startups or staging of equipment. 17. Contractor to -nclude in the bid one of the three following generator vendors. Cummins, Generac, and Kohler. The County will not accept other generator vendors. Contractor to provide full submittal cut sheets of proposed generator with bid response. 18. Contractor is responsible for moving the picnic bench and bike rack adjacent to the proposed enclosure. Final location to be determined through project coordination. The camera is to be removed and relocated by Weld County. The Contractor will be responsible for filling and patching block after removal of camera. 19. Proof of full load testing. Engine generator set shall be operated at 75% of rated load for at least two hours and then 100% rated load for at least four hours. In addition, a full load acceptance test of 100% of rated load shall be applied to the generator with voltage and frequency stabilization o xurring per Specifications. 20. Contractor will be responsible for all weather protection. 21. Contractor to coordinate all parking and staging of equipment prior to starting onsite. 22. Remote panel locations and specific notifications will be determined onsite. PROJECT CLOSE OUT: 1. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 3. Contractor will provide a detailed report for all craftsmanship and labor warranties. 4. Contractor will provide formal training as outlined and required by all manufacturer's recommendatbns, to Weld County's designated staff. 5. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County persormel associated with this project. 6. Upon project completion, contractor shall provide a paper and electronic copies of as -built drawings. Dra wings shall include wiring diagram and connections to existing system. BID REQUEST #B2400033 Page 10 WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. RFI's are only to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 5. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 6. Contractor is responsible for all private and public locates. 7. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. Contractor is responsible for the coordination and scheduling of all inspections that are required. The contractor will be responsible for having a qualified representative on site for any inspection. 8. All electrical work will be done by a qualified State licensed electrician. 9. All plumbing work will be done by a qualified State licensed plumber. 10. All mechanical work will be done by a qualified State Licensed technician. 11 Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 12. All lifting and hoisting equipment shall be provided by the contractor as needed. 13. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 14. No bid bond is required for this project. 15. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-A312 bond form. Other bond forms will not be accepted. 16. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project. 17. Contractor will be required to provide Professional Liability Insurance (PLI) and builders risk insurance in the amount of the bid. 18. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 19. Weld County is a tax-exempt entity. 20. Davis -Bacon and Buy American requirements are NOT required. 21. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. 22. Contractor will be required to provide pollution liability insurance with the following minimum limits: Per Loss $1,000,000 and Aggregate $1,000,000. BID REQUEST #B2400033 Page 11 SCHEDULE: 1. Contractor is responsible for providing and maintaining a three week look ahead schedule throughout the life of this project. Below is the anticipated schedule for this project: Date of this Bid January 24, 2024 Advertisement Date January 24, 2024 Pre -bid conference February 7, 2024 Bid Questions Due February 14, 2024 Bids Are Due February 21, 2024 Bid Award Notice March 11, 2024 Contract Execution March 25, 2024 Construction Start Immediately following Contract. Construction Finish August 30, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being March 25, 2024. START DATE COMPLETION DATE TOTAL LUMP SUM COST: FACILITY SUM LUMP COST Alternative Programs $ TOTAL LUMP SUM COST $ BID REQUEST #B2400033 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on February 21, 2024: on or before the bid opening 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 #B2400033 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. #B2400033. 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 BUSINESS ADDRESS CITY, STATE, (Please print) DATE ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY S 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 Kevin D. Ross, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0124 BID REQUEST #B2400033 Page 14 EXHIBIT B bids From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Vapid <vahid@cepowersys.com> Tuesday, February 27, 2024 4:55 PM bids BID NUMBER: B2400033; BACKUP GENERATOR FOR ALTERNATIVE PROGRAMS BID Package - BACKUP GENERATOR FOR ALTERNATIVE PROGRAMS - 33.pdf Follow up Completed Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached please find our bid package for Alternative Programs Building. Thanks Vahid CE Power Systems 720-233-5596 1 SCOPE OF WORK Generator Backup System for Alternative Programs PROJECT OVERVIEW: Weld County is seeking bids for a turn -key lump sum project to furnish and install backup generator systems for the Alternative Programs at 1390 N 17th Ave. in Greeley, Colorado. 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 for the complete procurement and installation of a generator backup system and associated electrical work for Weld County's Alternative Program facility as specified in attachment B. This will include all scopes outlined in the provided documents, as well as all other associated scopes needed to complete a full generator backup system at this location. Project documents and specifications have been provided per the following attachment to this bid. Contractor will be responsible for procuring and executing all scopes of work as outlined and specified in the projects contract documents that have been provided during this bid request per the attachment outlined above. It is the contractor's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included in their bid submission. This will include all scopes outlined in the provided documents, as well as all other associated scopes needed to build out the proposed generator backup system designed for the Weld County Justice Services — Alternative Program Facility. ATTACHMENTS: ➢ Attachment A: Weld County Project Documents ➢ Attachment B: Construction Documents PROJECT SPECIFIC TERMS AND CONDITIONS: 1. This is a turnkey project which include but not limited to generators, concrete pad, enclosure, and all associated electrical work. 2. All equipment and materials shall be submitted and approved prior to construction. The County Project Manager is to review and approval all colors prior to installation. 3. Work during business hours will be acceptable. This facility is operational 24/7. The contractor will be required to provide uninterrupted power for any major power transfers. The contractor is to minimize any disruptive work and the County reserves the right to shut down any work that is deemed disruptive to the facility operations or clients. 4. Any work being performed in this facility needs to be coordinated one week prior to commencement. 5. All grounding is to be installed per code. BID REQUEST #62400033 Page 9 6. Contractor to provide fire caulking or foam for all fire rated penetrations. A detailed submittal of all penetrations is to be provided to the owner / engineer for review and approval. All other non -fire rate penetrations to have a weather tight seal. 7. All supports, raceways, and electrical devices to be submitted and approved prior to constructior 8. Contractor is to be certified for installation of specified generator. 9. A State licensed electrician is required for all electrical work. 10. Contractor is responsible for filling all appropriate fluids to fully operate and test backup generator. 11. Contractor is responsible for lubricating all necessary components for backup generator. 12. Contractor ID adjust and test automatic transfer switch in normal and emergency mode. Starting and testing the system in automatic mode simulating power failures from the utility. Electrical wires, pipes and devices shall comply with UL standard and meet National Electric Codes. 13. All materials and equipment incorporated into the project shall be new unless noted otherwise. The Contractor shall transport and safeguard all materials and equipment required for construction. 14. Contractor t-3 coordinate all irrigation lines with Weld County. 15. Generator shall be installed according to manufacturer's specifications. 16. It will be the contractor's responsibility to include in this bid Set Point control configuring based on RTU sequencing, startups or staging of equipment. 17. Contractor to include in the bid one of the three following generator vendors. Cummins, Generac, and Kohler. The County will not accept other generator vendors. Contractor to provide full submittal cut sheets of proposed generator with bid response. 18. Contractor i; responsible for moving the picnic bench and bike rack adjacent to the proposed enclosure. Final location to be determined through project coordination. The camera is to be removed and relocated by Weld County. The Contractor will be responsible for filling and patching block after removal of camera. 19. Proof of full load testing. Engine generator set shall be operated at 75% of rated load for at least two hours ar_d then 100% rated load for at least four hours. In addition, a full load acceptance test of 100% of rated load shall be applied to the generator with voltage and frequency stabilization occurring per Specifications. 20. Contractor will be responsible for all weather protection. 21. Contractor to coordinate all parking and staging of equipment prior to starting onsite. 22. Remote panel locations and specific notifications will be determined onsite. PROJECT CLOSE OUT: 1. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 3. Contractor will provide a detailed report for all craftsmanship and labor warranties. 4. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. 5. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 6. Upon projec: completion, contractor shall provide a paper and electronic copies of as -built drawings. Drawings shall include wiring diagram and connections to existing system. BID REQUEST #B2400033 Page 10 WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. RFI's are only to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 5. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 6. Contractor is responsible for all private and public locates. 7. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. Contractor is responsible for the coordination and scheduling of all inspections that are required. The contractor will be responsible for having a qualified representative on site for any inspection. 8. All electrical work will be done by a qualified State licensed electrician. 9. All plumbing work will be done by a qualified State licensed plumber. 10. All mechanical work will be done by a qualified State Licensed technician. 11. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 12. All lifting and hoisting equipment shall be provided by the contractor as needed. 13. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 14. No bid bond is required for this project. 15. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-A312 bond form. Other bond forms will not be accepted. 16. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project. 17. Contractor will be required to provide Professional Liability Insurance (PLI) and builders risk insurance in the amount of the bid. 18. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 19. Weld County is a tax-exempt entity. 20. Davis -Bacon and Buy American requirements are NOT required. 21. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. 22. Contractor will be required to provide pollution liability insurance with the following minimum limits: Per Loss $1,000,000 and Aggregate $1,000,000. BID REQUEST #B2400033 Page 11 SCHEDULE: 1. Contractor is responsible for providing and maintaining a three week look ahead schedule throughout the life of this project. Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution .04 Construction Start Construction Finish January 24, 2024 January 24, 2024 February 7, 2024 February 14, 2024 February 21, 2024 March 11, 2024 March 25, 2024 Immediately following Contract. August 30, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being March 25, 2024. START DATE April 1st Depriding on COMPLETION DATE Equipmerit lead Time TOTAL LUMF SUM COST: FACILITY LUMP SUM COST Alternative $ 398,208.00 Programs TOTAL LUMP SUM COST $ 398, 208.00 BID REQUEST #12400033 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 February 2112024: 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 tin your bid being your incomplete and bid being rejected. l` 'there are any exclusions or contingencies submitted with P your bid it may be disqualified. BID REQUEST #B2400033 Page 13 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid oroposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No. #B2400033. 2. The quorations 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 sigred 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, tcgether 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 hat, 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 CE Power Systems BUSINESS 5454 Washington #3 ADDRESS 9 BY Vahid Habib' (Please print) CITY, Denver STATE, Co DATE 02/21/2023 ZIP 80216 CODE TELEPHONE ND 720-233-5596 FAX TAX ID # 76-0727005 7xeittly vyned bp Vsbd Habib' SIGNATURE 110„Q sn"v�'``a'r'`,tP."""`�. E-MAIL vahid@cepowersys.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 C erk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Kevin D. Ross, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0124 BID REQUEST #B2400033 Page 14 ADDENDUM#1 BID REQUEST NO. B2400033 Alternative Programs Generator Backup Currently: There is no outlet providing power to the current UPS for Weld County's IT Equipment in the communications room. Change: Contractor to provide a four plex outlet on the west wall adjacent to the IT Equipment in the communication room. Exact location to be determined. The circuit for this four plex is to be tied into panel GL. Answers to questions that were received during bid process: 1. Question: Do the automatic transfer switches need to be NEMA I rated or NEMA 3? Answer: The automatic transfer switches are NEMA I rated. 2. Question: Do the automatic transfer switches need to be service entrance rated or non -service entrance rated? Answer: The automatic transfer switches are not service entrance rated. 3. Question: 1. In regard to the block generator enclosure, would the block match the different types of block on the building through each course or will it be all a typical type? Answer: Reference page A-02 Keyed Plan Notes: 2. 4. Question: In regard to down time. With rerouting a lot of the panels into panel GDP and moving circuits from existing panels to the 2 new GL & GL2 there will be considerable down time that won't allow temp feeding. Will this need to be scheduled for after hours and is there any panel that can't be down for a few hours? Answer: It is the County's discretion when shutdowns will occur. All shutdowns are to be scheduled during the day and will require 2 weeks' notice. 5. Question: Do the feeders serving panels 1LA,2LA, Ml, and CP feed through the slab or overhead? Answer: From our field notes and photos, most appear to be through the slab; however, the contractor shall verify. 6. Question: Are the panel legends for all existing panels available? Answer: Na 7. Question: Are surge protectors required for panel GL & GL2? Answer: ND. 8. Question: Are there any locations that will require permission/scheduling to work in? IE sleeping quarters. Answer: Yes, all locations will require permission and scheduling to gain access. End of Addendum ***We need signed copy submitted with your bid. Thank You!*** Addendum received by: February 15, 2024 CE Power Systems FIRM 5454 Washington #3 ADDRESS Denver CO 80216 CITY AND STATE Vahid Habibi Olgftaly Ord by WINO Habib' D t ►ma. o. Date 2034.0.271.2&37 BY vahid@cepowersys.com EMAIL ADDENDUM#2 BID REQUEST NO. B2400033 Backup Generator for Alternative Programs 1. Currently: The plans call for "New Optional Standby Nat. Gas Generator" on E-01 (One -Line Diagram). Change: The One -Line Diagram is to be changed to "New Diesel Backup Generator". 2. Currently: Date of this Bid January 24, 2024 Advertisement Date January 24, 2024 Pre -bid conference February 7, 2024 Bid Questions Due February 14, 2024 Bids Are Due February 21, 2024 Bid Award Notice March 11, 2024 Contract Execution March 25, 2024 Construction Start Immediately following Contract. Construction Finish August 30, 2024 Change: Date of this Bid January 24, 2024 Advertisement Date January 24, 2024 Pre -bid conference February 7, 2024 Bid Questions Due February 14, 2024 Bids Are Due February 28, 2024 9:00 am Bid Award Notice March 18, 2024 Contract Execution April 1, 2024 Construction Start Construction Finish Immediately following Contract. August 30, 2024 End of Addendum sun We need signed copy submitted with your bid, Thank You!*** Addendum received by: February 20, 2024 CE Power Systems FIRM 5454 Washington #3 ADDRESS Denver CO 80216 CITY AND STATE Vahid Habibi BY oiMa M �9nea M vwn�e wmno , `` / pt�n.vankwbb�aou. wuS vahid@cepowersys.com EMAIL Form W-9 (Rev. January 2003) Departrnenl of [he Treasury Inlemal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. d c 02 Et; `ie Name Colorado Electric And Power Systems Business name, if different from above Individul/ Check appropriate boa: ❑ Sole proprietor Corporation D Partnership LI other ► Exempt from backup ❑ withholding Address (number, street, and apt. or suite no.) 5454 N. Washington Street, Unit 3 City, state, and ZIP code Denver, CO 80216 Requester's name and address (optional) List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. For individuals, this is your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, R is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number i Eml loyo r identification of ler I to enter. 71615171217101015 MEI Certification Social security number I LII4-I II or Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally. payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign signature of Here U.S. person ► Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Foreign person. If you are a foreign person, use the appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Date ► 02/28/2024 Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you area U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Cat. No. 1023. Form W-9 (Rev. 1-2003) ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/19/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Morton Insurance & Risk Management 599 Topeka Way 301 Castle Rock CO 80109 CONTACT NAME: ONE I FAX Eict1: 7204884915 (Arc, No): 720-488-4918 EaMILo' ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: PinnacolAssurance 41190 INSURED CEPOW1 Colorado Electric and Power Systems Inc 5454 North Washington Street Denver, CO 80216 INSURER B: National Union Fire Insurance INSURER c : West American Ins Company 44393 INSURER D : Mesa INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 768938984 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF ialig IYYYY) POLICY EXP (MM/DD/YYYY) LIMITS D X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR MP0005005001625 6/1/2023 6/1/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY E PROT �OC L JEC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 C AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED X S HIRED SCHEDULED O WNED X AUTOS BAW55979392 6/1/2023 6/1/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000.000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (e@a cidentDAMAGE $ D X UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE CXS4002562 6/1/2023 6/112024 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNTVECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 4094982 8/1/2023 8/1/2024 X I STATUTE I I OERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Property MP0005005001625 6/1/2023 6/1/2024 Bus Per Prop 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County, its elected officials, and its employees are listed as additional insureds as required by contract. CERTIFICATE HOLDER CANCELLATION 30 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County 1105 H Street Greely CO 80632 AUTHO ZED REPRESENTATIVE O sn ot. 4; I ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 4/4/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Morton Insurance & Risk Management 599 Topeka Way 301 Castle Rock CO 80109 CONTACT PHONE I FAX re No, E:t1: 720-488-4915 (alc, No): 720-488-4918 Mass: INSURER(S) AFFORDING COVERAGE NAM e INSURER A: Pinnacol Assurance 41190 INSURED CEP.' 1 Colorado Electric and Power Systems Inc 5454 North Washington Street Denver, CO 80216 INSURER B : National Union Fire Insurance INSURER o: WestAmerican Ins Company 44393 INSURER D : Mesa INSURER E : ACE Westchester INSURER F : COVERAGES CERTIFICATE NUMBER: 2026051354 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1L7R TYPE OF INSURANCE ANBD DDL SUB WVD(MMIDD/YYYY) POLICY NUMBER POLICY EFF POLICY EXP 41-6%/YYYY) LIMITS D X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR MP0005005001625 6/1/2023 6/1/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ MT ❑ LOC JEC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 C AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS X HIRED AUTOS SCHEDULED AUTX NON-OOS WNED AUTOS BAW55979392 6/1/2023 6/1/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ D X UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE CXS4002562 6/1/2023 6/1/2024 EACH OCCURRENCE $ 2,000,000 AGGREGATE DED I I RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 4094982 8/1/2023 8/1/2024 X I STATUTE I I ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 Property Pollution1Professional MP0005005001625 Q7195163O2024 6/1/2023 4/1/2024 6/1/2024 4/1/2025 Bus Per Prop 50,000 Pollution/Profession. 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County, its elected officials, and its employees are listed as additional insureds as required by contract. CERTIFICATE HOLDER CANCELLATION 30 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. WeldCounty 1105 H Street Greely CO 80632 AUTHO ZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name CE POWER SYSTEMS Entity ID. @00036451 Q New Entity? Contract Name * Contract ID BACKUP GENERATOR FOR ALTERNATIVE PROGRAMS 7949 Contract Status CTB REVIEW Contract Lead CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* PROVIDE A BACKUP GENERATOR AND ALL INFRASTRUCTURE FOR A BACKUP GENERATOR. BID B2400033 Contract Description 2 Contract Type* CONTRACT Amount* $398,208.00 Renewable NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 03/28/2024 GROUNDS 04/01/2024 Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date * 11/29/2024 Committed Delivery Date Renewal Date Expiration Date* 01/06/2025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head CURTIS NAIBAUER DH Approved Date 04/04/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/15/2024 Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 04/05/2024 04/09/2024 Tyler Ref # AG 041524 Originator CNAIBAUER March 6, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Chris Coulter Subject: BACKUP GENERATOR FOR ALTERNATIVE PROGRAMS — B2400033 As advertised this bid is for the Backup Generator for Alternative Programs. The low bid is from CE Power Systems in the amount of $398,208.00 and meets the specifications. Therefore, the Facilities Department is recommending the award to CE Power Systems in the amount of $398,208.00. If you have any questions, please contact meat extension 2023. Sincerely, Chris Coulter Director C53/ 1 S' aGooaH aco DATE OF BID: FEBRUARY 21, 2021 FEBRUARY 28, 2024 REQUEST FOR: BACKUP GENERATOR FOR ALTERNATIVE PROGRAMS DEPARTMENT: FACILITIES BID NO: B2400033 PRESENT DATE: FEBRUARY 26, 2021 MARCH 4, 2024 APPROVAL DATE: MARCH -1-1,2024 MARCH 18, 2024 VENDOR CE POWER SYSTEMS 5454 WASHINGTON #3 DENVER, CO 80216 TCC CORPORATION 609 GYRAFALCON COURT UNIT D WINDSOR, CO 80550 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett(aweld.gov cgeisert5weld.gov ttaylor@weld.gov Phone: (970) 400-4222, 4223 or 4454 START FINISH DATE DATE TOTAL 4/1/2024 DEPENDS ON $398,208.00 EQUIPMENT LEAD TIME 4/15/2024 46 WEEKS AFTER $398,513.00 APPROVED SUBMITTALS THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2024-0524 3/4-1 Hello