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Home My WebLink About20251250.tiffeunA-KAo-- IN4on SERVICE AGREEMENT BETWEEN WELD COUNTY AND CE POWER SYSTEMS THIS AGREEMENT is made and entered into this iOlday of 30,,tA, 2025, by and between the Board of Weld County Commissioners, on behalf of Facilities Department, hereinafter referred to as "County," and CE Power Systems, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; 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 attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) as set forth in Bid Package No. B2500046. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from Form Revision 5-2025 Con%04- -7/k4/ nhI^ay (06) 7/(14/Z5 2025- P_Z0 Be10021 entering into Agreements which bind County for periods longer than one year. This Agreement may be Oended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own, convenience upon ninety (90) days written notice to County. 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 m thod it deems expedient; and Contractor shall deliver to County all completed r partially completed Work 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. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against thy; County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or AmendMent. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional service. I 6. Compensation. Upori Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $325,480.00;, as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will, be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determineethat 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 terminat on 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 res onsible for the accurate reporting and payment of any taxes related to payments mite 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 payrnents be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in 2 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 or agents 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. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action 3 by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. 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. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional 4 insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the certificate" Weld County, its elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" for the Commercial General Liability coverage and for the Automobile Liability coverage for work that is being performed by or on behalf of the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All 5 certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in 6 coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. 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. 16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or 7 subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. 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. 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. 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. 21. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: CE Power Systems 8 Name: Vahid Habibi Position: Owner Address: 5454 Washington #3 Address: Denver, CO 80216 E-mail: vahid@cepowersys.com Phone: 720-233-5596 TO COUNTY: Name: Patrick O'Neill Position: Facilities Director Address: 1105 H Street Greeley, CO 80631 E-mail: poneill@weld.gov Phone: 970-400-2023 22. 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. 23. 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. 24. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 25. 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. 26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 27. 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, 9 confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. 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. 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended. 30. 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. 31. 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. 32. 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. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. 10 11 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. 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: Digitaiiy signed "4"-----C? byVahid 2025 Date: 2025.07.02 1415,25-06W W By: Name: Vahid Habibi Title: President WELD COUNTY: Date of Signature: 07/02/2025 ATTEST: .� ;`_,� BOARD OF COUNTY WCOMMISSIONERS OF WELD COUNTY, COLORADO Weld County C erki to the Board , BY: -)C1,1701 () / Deputy Clerk to the Board Prry L. Buck, Chair JUL 14 2025 Z 07,S-1750 Exhibit A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 General Services - Invitation for Bid (IFB) Cover Sheet Bid Number: Title: Advertisement Date: P re- Bid Meeting: P re- Bid Location: Questions Due: Questions Posted: Questions email: Bid Due Date: Bid Delivery: For additional information: IFB Schedules S chedule A: Bid Instructions S chedule B: Scope of Work S chedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance Schedule F: Weld County Contract B2500046 Jail 2 West — UPS Upgrade April 8, 2025 April 22, 2025, at 9:00 am 2110 O Street Greeley, CO 80631 (Main Lobby) April 29, 2025, by 5:00 pm April 30, 2025, by 5:00 pm bids@weld.gov May 6, 2025, by 10:00 am, Purchasing's Clock P referred email to bids@weld.gov or option to hand delivery to 1301 N orth 17th Avenue, Greeley, CO 80631 bids@weld.gov Documents Included in this Bid Package IFB Attachments Attachment 1 — Project Drawings Form Revision 12-2024 Table of Contents General Services - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Table of Contents 2 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work 6 Project Overview 6 Method of Procurement 6 Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 9 Schedule D - Bid Response Form 10 Bid Submittal Instructions 10 Fees 10 Attestation 10 Schedule E — Insurance 12 Insurance 12 Insurance Mailing Information 14 Schedule F - Weld County Contract 15 Contractual Obligations 15 Weld County Standard Contract 15 Solicitation #B2500046 Page 2 Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: Jail 2 West — UPS Upgrade A Mandatory pre -bid conference will be held on April 22, 2025 at 9:00am at the Weld County Jail Complex located at 2110 O Street, 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: May 6, 2025, at 10:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on May 6, 2025 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. Microsoft Teams By Phone Join the meeting now +1 720-439-5261„210637571# Phone United conference States, ID: Denver 210 637 571# Meeting ID: 261 504 794 361 Passcode: BZ2uy9xo Bid Advertisement 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. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1. PREFERRED: email bids to bids(c�weld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by authorized person. 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 Solicitation #B2500046 Page 3 representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a Solicitation #B2500046 Page 4 negative impact on Weld County in the current term or in any future terms Solicitation #62500046 Page 5 Schedule B - Scope of Work P roject Overview Weld County is seeking bids for a turn -key lump sum project for a vendor to provide Jail 2 West UPS Upgrade. Method of Procurement Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an IFB contract. P ricing Method Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs. S pecific Requirements and Responsibilities The scope of this project is to furnish and install a fully functional Uninterrupted Power Supply located in master control. All new product and scoped items shall include all necessary equipment to meet the needs of this facility as well as meet all applicable Federal, State, and Local laws. There is an existing Uninterrupted Power Supply currently that is outdated or is at the end of its life cycle. Project documents are listed below. 1. All submittals will need to 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. Contractor is responsible for all material handling and deliveries. Weld County will not accept any deliveries made to the building. The contractor will use the work area(s) for any onsite storage that may be needed. 5. UPS must have networking capabilities. 6. UPS batteries must be Lithium ION. Standard cell batteries will not be allowed. 7. UPS units must have a scalable battery system. 8. Each UPS unit must have one maintenance bypass that meets the needs of the UPS and the facility. 9. UPS must provide Voltage Regulation, Surge Protection, and Noise Protection. 10. Contractor is responsible for all software applications or programs necessary and will provide to Weld County IT department to allow for integration into existing network. Solicitation #B2500046 Page 6 11 UPS' must have redundant capabilities to allow for future UPS units to be added 12 Contractor must provide all necessary components and accessones to provide a fully functional system which may include but not limited to battenes, racks, battery start up, control panels, power module, bypass panels, static switches, fuse's, wiring or any other component needed to provide a fully functional system 13 Contractor to include all necessary labor, equipment, and matenals needed to remove existing equipment and install new contractor provided equipment 14 Due to the location of where this UPS unit is located all personnel must submit to a background'check by the Weld County Sheriff's Office Background authorization forms will be submitted through the County project manager 15 Contractor to provide all necessary and or required temporary electncal circuitry to allow the existing equipment to be removed and the new unit to be installed without interrupting the system(s) that the UPS units serve • 16 Contractor will coordinate with the County project manager and County electrician to determine where and how the contractor can provide temporary "dirty power" for the UPS unit 17 At no point dunng the installation of the new UPS unit will the budding be without power due to the critical systems they serve 18 If any outage is required, the contractor is required to provide an MOP for review and approval by Weld County , 19 The contractor will be required to include a deposited amount m the bid documents if applicable 20 Contractor to work with Weld County project manager and IT department to ensure proper programming for a complete and functional system 21 The contractor will provide a full-time superintendent or project manager on site while any work is being performed 22 Any modifications to existing structure are to be part of this scope of work and included with the contractors bid 23 The contractor is responsible for all daily cleanup and ensunng that all matenals or equipment have been properly stored In the designated areas at the end of each shift to ensure normal building operations are not interrupted If at any time Weld County personnel or contractors must clean or move matenals or equipment that were not properly stored the contractor will assume all associated costs 24 Reference Attachment 1- Project Drawings Approved Equipment: 1 APC / Schneider Electric UPS as specified in the plans and specification Substitutions will not be allowed Project Close Out 1 Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals 2 Contractor to provide two (2) complete sets of O&M manuals 3 Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties 4 Contractor will provide a detailed report for all craftsmanship and labor warranties 5 Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff 6 Contractor is responsible for all programming and set up within each building Solicitation #B2500046 Page 7 7 Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project Weld County Facilities Department Requirements 1 All damages to building structure and finishes shall be repaired to original condition as a part of this contract 2 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 3 Contractor is responsible for the coordination and scheduling of all inspections that are required for all scopes per the conditions of the Weld County Permit Please note that the Weld County Building Department does not complete inspections during off hours The contractor will be responsible for having a qualified representative on site for any inspection 4 All electrical work will be done by a qualified State Licensed electrician 5 Any temporary protection for floonng, 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 All damages to building structure and finishes shall be repaired to original condition as a part of this contract - 6 All lifting and hoisting equipment shall be provided by the contractor as needed 7 Work will comply with all applicable Federal, State, and local laws, ordinances, and regulatory requirements 8 No bid bond is required for this project 9 Bids over $50,000 will require a payment (100%) and performance (100%) bond 10 Performance and payment bonds must be submitted using an AIA-A312 bond form Other bond forms will not be accepted 11 All trash and debris to be properly disposed of offsite 12 Weld County is a tax-exempt entity , 13 Davis -Bacon and Buy American requirements are NOT required 14 Contractor is to provide lien waivers with each pay application Solicitation #B2500046 Page 8 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Pre -Proposal Meeting (Mandatory) Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Completion April 8, 2025 April 22, 2025, at 9:00 am 2110 O Street Greeley, CO 80631 (Main Lobby) April 29, 2025, by 5:00 pm bids@weld.gov April 30, 2025, by 5:00 pm May 6, 2025, by 10:00 am Purchasing's Clock May 28, 2025 June 9, 2025 September 30, 2025 Solicitation #B2500046 Page 9 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 am on May 6, 2025: 1) Schedule D - Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Insert a pricing breakdown/model so vendor can enter fees that are tailored to this solicitation: Item Price $ Electrical Materials Electrical Labor $ Other $ $ Total Lump Sum Cost Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500046 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. 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. Item Entry Solicitation #B2500046 Page 10 Company Name Address Phone Email FEIN/Federal Tax ID # CONTRACTOR By Name Title Date of Signature Solicitation #B2500046 Page 11 Schedule E - Insurance Insurance Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) $ Statutory 100,000 100,000 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury 1,000,000 2,000,000 2,000,000 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, its elected officials, trustees, employees, Solic tation #B2500046 Page 12 agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or pnor to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer penod of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a matenal breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the nght to require complete, certified copies of all insurance policies for examination required by this Agreement at any time , , ,r Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action 13 Additional Insurance Related Requirements The County requires that all policies of insurance be wntten on a primary basis, non-contnbutory with any other, insurance coverages and/or self-insurance carned by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carner shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or matenal changes to policies required under this Agreement, except when cancellation is for non- payment of premium, then ten (10) days pnor notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carner refuses to provide notice to County, the Contractor shall Solicitation #B2500046 1 Page 13 notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. 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. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Alex Engelbert Email: aengelbert@weld.gov Telephone: 970-400-2043 Mail: Weld County Facilities Department ATTN: Alex Engelbert PO Box 758 Greeley, CO 80632 Solicitation #B2500046 Page 14 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time, but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Below is a sample of a standard Weld County Contract for General Services: SERVICE AGREEMENT BETWEEN WELD COUNTY AND [CONTRACTOR] THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; 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. Solicitation #B2500046 Page 15 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1 Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. 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. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. 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 completed or partially completed Work 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. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will Solicitation #B2500046 Page 16 be made by County,unless a Change Order authorizing such additional payment has been specifically approved by Weld County If, atany 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 or agents 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 Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing -work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only The Contractor is obligated to pay all federal, and state income tax on - any moneys earned or paid pursuant to this contract 8 Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's -prior - written consent, which may be withheld in County's sole discretion County shall have the nght in its reasonable discretion to approve all personnel assigned to the Work dunng 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 nght (ballot 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 Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be - performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications Solicitation #B2500046 Page 17 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test -results, reports, etc , generated dunng completion of this work Acceptance by County of reports and incidental matenal(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally ,11 Insurance. Contractor must secure, before the commencement of the Work, the following insurance covenng all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times dunng the term of the , 'Agreement, or any extension thereof, and dunng any warranty penod For all coverages, Contractor's insurer shall waive subrogation nghts against County Contractor shall provide 'coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authonzed to 'do business in, the state of Colorado and with an "A M Best" rating of not less than A -VII The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency Required Tvioes of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covenng all of the Contractor's employees acting within the course and scope of their employment The policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such Contractor or subcontractor executes the appropnate sole propnetor waiver form Minimum Limits Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covenng all operations required by the Work The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability ansing out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows Solicrtation #B2500046 Page 18 Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 16 Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be wntten on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed, by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the - Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or pnor to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer penod of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a matenal breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to require complete,; certified copies of all insurance policies for examination required by this Agreement at any time Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action Solicitation #B2500046 Page 19, 17 Additional,lnsurance Related Requirements The County requires that all policies of insurance be written on a primary basis, non-contnbutory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carner shall provide a minimum of 30 days advance , wntten notice to the County for cancellation, non -renewal, suspension, voided, or matenal changes to policies required under this Agreement, except when cancellation is for non- payment of premium, then ten (10) days pnor notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carner refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless, section of this Agreement Failure of the Contractor to fully comply with these requirements dunng the term of this Agreement may be considered a matenal breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award 18 Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-descnbed insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County 19 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 anse out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own nsks and if it deems appropnate 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 coverits obligations and liabilities under this Agreement Solicitation #B2500046 n Page 20 20 Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 21 Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's nght to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims It is agreed that Contractor will be responsible for pnmary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration for the award of this contract, the Contractor agrees to waive all nghts of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County 22 Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior wntten 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 23 Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement Contractor agrees to maintain these documents for three years from the date of the last payment received 24 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, stnkes, war, flood, earthquakes, or Governmental actions 25 Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances a) personal service by a reputable courier service requiring signature for receipt, or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract, or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party, or Either party may change its notice address(es) by written notice to the other Notice may be sent Solicitation #B2500046 Page 21 , to: TO CONTRACTOR: N ame: Position: Address: E-mail: P hone: TO COUNTY: Name: Position: Address: E-mail. Phone: 26. 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. 27. 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. 28. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 29. 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. 30. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 31. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 32. 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 e nforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. Solicitation #B2500046 Page 22 33 Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a. waiver, express or implied, of the monetary limitations or any of the other immunities, nghts, , benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24- 10-101 et seq , as applicable now or hereafter amended 34 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all nghts of action relating to such enforcement, shall be stnctly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or nght 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 shell be an incidental beneficiary only 35 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 36 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 Distnct Court shall have exclusive junsdiction to resolve said dispute 33 No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it , , does not knowingly employ or contract with an unauthonzed alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthonzed alien to perform work under this Agreement Upon request, contractor shall deliver to the 'County a wntten notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law , Contractor agrees to comply with any reasonable request from the Colorado Department of , Labor and Employment in the course of any investigation 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 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 35 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or pnor agreements, oral or wntten, and any other communications between the parties relating to the subject matter of this Agreement Solicitation #B2500046 Page 23 CONTRACTOR: By: Name: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board Date of Signature: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Insert Name, Chair Solicitation #B2500046 Page 24 Exhibit B Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 am on May 6, 2025: 1) Schedule D - Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Insert a pricing breakdown/model so vendor can enter fees that are tailored to this solicitation: Item Price $ 280,480.00 Electrical Materials $ 30,000.00 Electrical Labor Other + Bond Fee $ 15,000.00 Total Lump Sum Cost $ 325,480.00 Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500046 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. 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. Item Entry Solicitation #B2500046 Page 10 Company Name CE Power Systems Address 5454 Washington #3, Denver CO 80216 720-233-5596 vahid@cepowersys com Phone Email FEIN/Federal Tax ID # 76-0727005 CONTRACTOR By Vahid Habibi Name Title President 05/06/2025 Date of Signature Solicaation #B2500046 Page 11 Addendum # 1 Bid Request Number 82500046 Jail 2 West - UPS Upgrade Questions and Answers: 1. Question: Sheet E0.20 Note 4. What is the distance of the Demo. Answer: Approximate length of feeder is +- 200ft. It is the contractor's responsibility to verify length in the field. 2. Question: Sheet E0.21 Note 2. What is the existing manufacturer of all gear and panels. Answer: Siemens 3. Question: Sheet E0.30 Note 1. Need panel manufacturer. Answer: Siemens 4. Question: Sheet E2.00 Note 3. Demo of Concrete by others. Answer: No, Weld County is seeking a turn -key price for this scope of work. All demo or new concrete work is to be included in the bid price. 5. Question: Sheet E2.00 Note 9. New Concrete by others. Answer: No, Weld County is seeking a turn -key price for this scope of work. All demo or new concrete work is to be included in the bid price. 6. Question: Will night work be required for this project. Answer: Most work can be done during the day. There is a possibility that night work will be required depending on shut down needs and sheriff office restrictions. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** CE Power Systems 05/06/2025 Company Name: Date of Signature Signature: Vahid Habibi Name: Title: President May 6, 2025 AC®R®® CERTIFICATE OF LIA'-'ILITY INSURANCE DATE (MM/DD/YYYY) 7/2/2025 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 policyhes) 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 nghts to the certificate holder in lieu of such endorsement(s) PRODUCER Morton Insurance & Risk Management PO Box 40 Elbert CO 80106 CONTACT PHONE FAX (a/c, No. E=t, 720-488-4915 I (ac, No) 720-488-4918 ADDRIESS INSURER(S) AFFORDING COVERAGE NAIC # INSURER PlnnaC0i Assurance 41190 INSURED C.C. 1 CE Power Systems Inc 5454 North Washington Street Suite 3 Denver CO 80216 INSURER B National Union Fire Insurance INSURER C West Amencan Ins Company 44393 INSURER D Mesa INSURER E Scottsdale Insurance Co INSURER F COVERAGES CERTIFICATE NUMBER 139248149 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 ANSIl SLY: POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS D X COMMERCIAL GENERAL LIABILITY CLAIMS MADE EI OCCUR Y Y MP000500510016208 6112025 6/1/2026 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 Fl El LOC 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 AUTOS X NON OWNED _ AUTOS Y Y BAW55979392 611@025 6/1/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1,000.000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ E X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS MADE Y Y CXS4054213 6/1/2025 6/1/2026 EACH OCCURRENCE $ 1 000 000 AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY y / N ANY PROPPIETO NCTLIM EXECUTIVE OFFICERINEMBER EXCLUDED � (Mandatory In NH) If yes descnbe under DESCIVIVN OF OPERATIONS below Y N / A 4094982 8/1/2024 8/1/2025 X I PER I I OTH STATUTE ER 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 MP000500510016208 6/12025 6/1/2026 Bus Per Prop 50 000 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 Weld County 1105 H Street Greely CO 80632 AUT ORKED REPRESENTATIVE I ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD PINNAICOL ASSURANCE 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com Sealant Systems Corp 13874 N Trail Cir Littletor , CO 80127 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4230031 Morton Insurance, LLC 599 Topeka Way, Suite 301 Castle Rock, CO 80109 (720) 488-4915 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the exten. that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effec:tive Date:March 31, 2025 Expires on: April 1, 2026 Pinnacol Assurance has issued this endorsement March 31, 2025 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P MONTOYAL - CSR Support 03/31/2025 10:00:09 4230031 84986439 359-B Contract Form Entity Information Entity Name* CE POWER SYSTEMS Contract Name* .JAIL 2 WEST UPS UPGRADE Contract Status CTB REVIEW Entity ID* @00036451 Contract Description* UPGRADE THE UPS SYSTEM FOR JAIL 2- WEST Contract Description 2 Contract Type* CONTRACT Amount* $325,480.00 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weld.go Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID -) New Entity? Contract ID 9714 Contract Lead* CNAIBAUER Contract Lead Email cnaibauer@weld.gov Requested BOCC Agenda Date* 07/14 202 5 Parent Contract ID Requires Board Approval YES Department Project # Due Date 07. 10 2025 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 Contact Name Purchasing Review Date* 11/17/2025 Committed Delivery Date Contact Type Contact Email Renewal Date Expiration Date* 11,x17 2025 Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head PATRICK O'NEILL DH Approved Date 07'07 2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07/14/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 07 08'2025 07,08 2025 Tyler Ref # AG 071425 Originator CNAI BAU ER May 22, 2025 FACILITIES DEPARTMENT (970) 400-2023 1 105 H St., P.O. Box 758 Greeley, CO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Jail 2 West UPS Upgrade — B2500046 As advertised this bid is for a UPS Upgrade for the 2 West Addition to the Jail. The low bid is from CE Power Systems and meets specifications. Therefore, the Facilities Department is recommending the award to CE Power Systems in the amount of $325,480.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Facilities Director 5/2'y 2oz5-ra o 8C-1OOZ-1 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverettaweld.dov cgeisertaweld.dov ttaylor(a�weld.dov Phone: 970-400-4222, 4223 or 4454 DATE OF BID: MAY 6, 2025 REQUEST FOR: JAIL 2 WEST - UPS UPGRADE DEPARTMENT: FACILITIES BID NO: B2500046 PRESENT DATE: MAY 12, 2025 APPROVAL DATE: MAY 28, 2025 VENDOR AMOUNT CE Power Systems 5454 Washington #3 Denver, CO 80216 Exceed Electrical Contracting 7827 W.108th Avenue, #100 Westminster, CO 80021 Growling Bear Company Inc. 2330 4th Avenue Greeley, CO 80631 Palermo Power Systems & Integrations, LLC 1085 W. 6th Avenue Broomfield, CO 80020 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. $325,480.00 $342,500.00 $481,800.00 NO BID 2025-1250 5/17_ bC CO2-1 Hello