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Home My WebLink About20252415.tiffCbrAlfac+ It 9 I July 29, 2025 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: North Jail Lighting Design — 82500091 As advertised this bid is for lighting design and engineering services at the Weld County North Jail Complex. The low bid is from G2 Consulting Engineers and meets specifications. Therefore, the Facilities Department is recommending the award to G2 Consulting Services in the amount of $20,800.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Facilities Director Conte- c0-10L- $/Zs/25 cc..Onbase (86) ?W2C/M`n 2025-2415 Bei 002-1 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND G2 CONSULTING ENGINEERS, INC. THIS AGREEMENT is made and entered into this ?s day of , 1 2025, by and between the Board of Weld County Commissioners, on beha Facilities Department, hereinafter referred to as "County," and G2 Consulting Engineers, Inc., hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and of WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) or Request for Proposal (RFP) as set forth in Bid Package No. 62500091. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Form Revision 5-2025 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. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties, and this Agreement shall be modified 2 accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 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 $ 20,800.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith retum 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. 3 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records, and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent 4 with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of 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 5 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 - Occurrence Form Policy shall indude bodily injury, property damage, liability assumed under an Insured Contract. The policy shall be endorsed to include the following additional insured language: "Weld County, its subsidiary, parent, elected officials, employees, associated and/or affiliated entities, successors, or assigns, 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: General Aggregate $ 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles used in the performance of this Contract. Such policy shall maintain Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on 6 a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 14. Proof of Insurance. Upon County's request, Contractor shall provide to County, for examination, a policy, endorsement, or other proof of insurance as determined in County's sole discretion. Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure. 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 of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, "Weld County, its successors or assigns; its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds" with respect to liability arising out of the activities performed by or on behalf of the Contractor". On insurance policies where Weld 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. 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 7 project description shall be noted on the Certificate of Insurance. The County reserves the right to require complete, certified copies of all insurance policies required by this Agreement at any time, and such shall also be deemed confidential. 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. 15. 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. 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 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. 8 16. 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. 17. 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. 18. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 19. 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. 20. Indemnity. The Contractor shall indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against any and 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 the County shall, in all instances, except for claims arising solely from the negligent or 9 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 of 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. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. A failure of Contractor to comply with these indemnification provisions shall result in County's right but not the obligation to terminate this Agreement or to pursue any other lawful remedy. 21. 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. 22. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 23. 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. 24. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or 10 b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Hannah Mielke Position: Electrical Project Manager Address: 5000 Goodman Street, Unit 100 Address: Timnath, Colorado 80547 E-mail: hmielke@g2ce.com Phone: (970) 460-7400 x 212 TO COUNTY: Name: Patrick O'Neill Position: Facilities Director Address: 1105 H Street Address: Greeley, Colorado 80631 E-mail: poneill@weld.gov Phone: (970) 400-2023 25. 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. 26. 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. 27. 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. 28. 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. 11 29. 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. 30. 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. 31. 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. 32. Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other immunities, rights, benefits, and protections, provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as from time to time amended, or otherwise available to the County, its subsidiary, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and volunteers. 33. 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. 34. 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. 35. 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. 12 36. 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, including employment verification requirements contained within state or federal grants or awards funding public contracts. 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. 37. 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. 38. 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: By: Name: David Smith Title: Associate Principal 08/12/2025 Date of Signature WELD COUNTY: ATTEST: W..sacki ; L Weld County Clerk to the Board t� BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Bo. / v�F'"' -r • ►.:uck, Chair EXHIBIT A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 Professional Services — Invitation for Bid (IFB) Cover Sheet Bid Number: B2500091 Title: Weld County North Jail — Lighting Design Advertisement Date: June 25, 2025 Pre- Bid Meeting: July 9, 2025, at 1:00 pm Pre- Bid Location: 2110 O Street, Greeley Colorado 80631 Questions Due: July 16, 2025, by 10:00 am Questions Posted: July 18, 2025, by 5:00 pm Questions email: bids(a.weld.gov Bid Due Date: July 23, 2025, by 10:00 am, Purchasing's Clock Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids(a�weld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance Schedule F: Weld County Contract Form Revision 6-2025 Table of Contents Professional 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 Facility Design and Construction Required Documents: 8 Schedule C - Procurement Schedule 12 Schedule D — Bid Response Form 13 Bid Submittal Instructions 13 Fees 13 Attestation 13 Schedule E — Insurance 15 Insurance 15 Insurance Mailing Information 17 Schedule F - Weld County Contract 19 Contractual Obligations 19 Weld County Standard Contract 19 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: Weld County North Jail — Lighting Design A Mandatory pre -bid conference will be held on July 9, 2025 , at 1:00 pm at the North 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: July 23, 2025 at 10:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on July 16, 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 Join the meeting now Meeting ID: 229 476 269 179 Passcode: uJ6Fn6Pj By Phone +1 720-439-5261.,10871446# United States, Denver Phone conference ID: 108 714 46# 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 bidstiweld.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 # B2500091 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 Solicitation # B2500091 Page 4 they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms. Solicitation # B2500091 Page 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide Design and Engineering Services for the Weld County North Jail Lighting Design and Replacement. Method of Procurement Invitation for Bid (IFB): An 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 and IFB contract. Pricing 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. Specific Requirements and Responsibilities Weld County is seeking professional design services for schematic design, design development, construction documents, and construction administration for the Weld County North Jail Complex Lighting and Lighting Controls. This design and engineering scope shall include but not limited to lighting circuitry, electrical pathways, electrical panels, load study, lighting fixture replacement, lighting controls for common non detention areas, coordination with detention contractor for integration with existing lighting controls in secured detention areas, and any other design needs and or requirements to provide a complete lighting design. 1. Jail 1 West - Design and Engineering shall include: a. Lighting replacement in all common non detention areas. b. Lighting replacement in all secured inmate housing areas c. Lighting controls in all common non detention areas. d. Load study in all areas. e. Lighting panels and circuitry in all areas. 2. Jail 1 East - Design and Engineering shall include: a. Lighting replacement in all common non detention areas. b. Lighting replacement in all secured inmate housing areas c. Lighting controls in all common non detention areas. d. Load study in all areas. Solicitation # B2500091 Page 6 e. Lighting panels and circuitry in all areas. 3. Jail 2 East - Design and Engineering shall include: a. Lighting replacement in all common non detention areas. b. Lighting replacement in all secured inmate housing areas c. Lighting controls in all common non detention areas. d. Load study in all areas. e. Lighting panels and circuitry in all areas. 4. Jail 2 West - - Design and Engineering shall include: a. Lighting replacement in all common non detention areas if the existing lighting cannot be integrated into the new lighting control system. b. Lighting controls in all common non detention areas. c. Load study in all areas. d. Verify lighting panels and circuitry in all area meet all electrical codes and requirements for new lighting controls where applicable. 5. This bid shall include all engineering required for a final complete set of "for construction drawings". This includes any necessary documents for review and approval of the Weld County Planning department. 6. Existing drawings will be provided to the successful design team. 7. All personal who will need to enter the Weld County North Jail complex will be required to submit and pass a background check through the Weld County Sheriffs Office. 8. Lighting control design for the common non detention areas must be NLight Eclipse Lighting Controls. No substitutions will be allowed. 9. Lighting design must be NLight compatible for all fixtures in the common non detention areas. 10. Complete Site Survey of all existing building conditions. 11. Project shall include all architectural, and electrical design and engineering as needed to provide a complete design and engineering package. 12. Consultant is responsible for and shall provide specifications, stamped drawings, and engineering documents for architectural, and electrical. These documents and specifications will be used for Weld County to seek bids for the construction phase of this project. 13. Consultant will be responsible for reviewing site conditions to best determine what is needed to provide a complete design and engineering package. 14.All design service requirements shall be a part of this contract and be all inclusive of a complete building design for each space. 15. Consultant is required to verify that any new design and or equipment meets the needs and functions of the building. Scopes of Services The intent of this section is to highlight in general terms the nature and scope of the work to be performed. Solicitation # B2500091 Page 7 1. Design Services a. Provide a design for the project. b. Prepare submittals to governing agencies for approval. c. Provide a schematic design package. d. Provide a design development package. e. Provide full and complete construction documents. f. Provide construction administration/consultation. g. Attend weekly design and construction meetings. h. Prepare building permit submittal and assist in obtaining the permits. Make Building Inspection Department requested revisions. i. Provide a design schedule. j. Include all costs for architectural design services, programming, electrical engineering, and all other "consultant" fees in the proposal. k. Coordinate surveys and other design activities. All costs shall be included in bid. Plans and Documents: (At a minimum the county requires the following) 1. Architectural Plans 2. Electrical Plans 3. Provide complete hardcopies and electronic AutoCAD files of project final drawings to the County. 4. All related engineering calculations, QA/QC, and manufactured equipment documentation 5. Any and all other items required by referenced codes, standards, and ordinances. Data and Information Review: The Consultant shall be responsible for researching, collecting, and analyzing relevant information needed to effectively execute this scope of work. The Consultant shall be responsiblefor: 1. Familiarizing themselves with applicable local, state, and federal regulations. 2. The consultant project manager shall be the primary point of contact and coordinate work effort, resources, communications, document production, and billing on behalf of the consultant and team members. 3. Consultant shall conduct a project kickoff meeting with the County Project Team, including a site visit to thoroughly review existing conditions and facility's needs. 4. Working with County personnel and attending a weekly design meeting in person at the Weld County Facilities building at 1105 H Street, Greeley Colorado. At a minimum this will be through the design phase until complete and a minimum of ten meetings throughout the construction phases of the project. Facility Design and Construction Required Documents: The Consultant shall prepare a full and complete set of construction contract documents for this project. The Consultant shall provide the following as part of this task. 1. Design Process: Develop plans and specifications for County Project Team review and comment. At each review step, the County Project Team will consolidate comments into one (1) package and provide to consultant for review. Solicitation # B2500091 Page 8 Schematic Design (30% complete) — Provide schematic design drawings for review and comment by County Project Team. Design Development (60% complete) — Provide draft plans and specifications for review and comment by County Project Team. Participate in preliminary plan review meeting with County Building Inspections staff (Planning Department) Permit/Construction Documents (100% complete) — Provide two full and complete sets of documents for permit review by Weld County Building Inspection (Planning Department). These full and complete set of construction contract documents will allow the County to solicit bids for actual construction of the project, Provide one complete set in PDF and hard copy to the Facilities Department. 2. Architectural Design: Produce architectural plans for building structures. Guide selection of exterior and interior finishes, interior design, and office space layout. This process will require close coordination with Facilities Department staff to optimize the layout and details of building spaces. In general, building structures shall be designed to maximize resiliency, minimize long term life cycle costs, and consider sustainable elements. 3. Electrical: Produce electrical plans in compliance with all State and Local building codes to provide fully functional facilities upon completion of construction. Items to include but are not limited to the following: electrical plans, specs, schedules and diagramming for power, lighting, and provisions for emergency standby power generation, if needed. 4. Telecommunications and data connectivity will be coordinated by County Information Technology (IT) staff through a separate process. The design team for this proposal will only be responsible for identifying electrical boxes and conduit locations which will be identified by the County project team. The actual wiring and integration of technology components (excluding HVAC Controls will be performed by County staff through separate procurement processes. 5. Base bid shall include Construction Administration (CA) fees for reviewing and providing clarification for shop drawings, Requests for Information, change orders, and weekly one- hour on -site Owner -Architect -Contractor (OAC) meetings. The duration for OAC meetings shall use 6 months for base bid. 6. Revit or BIM modeling is not required. However, final CAD of all designs and as-builts will be provided to the County. Project Summary and Report: Upon completion of construction work, the Consultant shall prepare final as -built of the Project. Solicitation # B2500091 Page 9 1. Provide to Weld County one (1) hardcopy and one (1) set of PDF documents of the completed project documented along with AutoCAD files with final as -built of the Project. 2. Conduct a post -meeting debriefing discussion with the County Project Team. Use of Sub Consultants: The proposer shall indicate in their bid any work intended to be performed by sub - consultants or persons outside of the firm. The proposer shall name the sub -consultants, if known, at the time of bid submittal. Qualifications & Insurance: Qualifications and insurance, at a minimum, should include the following: • The consultant(s) must have Architect(s)/Engineer(s) current State license(s). • Must carry Professional liability insurance (PLI), also called professional indemnity insurance (PII) but more commonly known as errors & omission. Documents and Information to be Submitted with Bid: Please submit your bid, addressing each of the following items in the order as outlined below. As time is of the essence, brevity is appreciated. Proposers should provide only the information requested, and present it in a clear, concise manner. Incomplete bids may be rejected. 1. Summary of the bid, including Statement of Understanding showing familiaritywith the Scope of Work 2. Organizational chart and resumes of all key staff and core staff that will be involved withproviding services, including: • Identify who will act as the primary contact person to Weld County for this project. • List specific personnel proposed for the project team and provide a resume for each of your proposed team members along with a copy of current state licensing for each architect or engineer. 3. Proposed Project Schedule • Describe how your firm handles the various communications, includingmeetings and project schedules, to keep the project running smoothly. 4. Statement of consultant's intent to sublet portions of the work, identifying what is Solicitation # B2500091 Page 10 intended to be sublet. • Include the name of the sub -consultant and a statement of qualifications of the sub -consultant. Solicitation # B2500091 Page 11 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) June 25, 2025 July 9, 2025, at 1:00 pm 2110 O Street, Greeley Colorado July 16, 2025, by 10:00 am bids(S weld.00v July 18, 2025 July 23, 2025, by 10:00 am Purchasing's Clock August 11, 2025 August 25, 2025 Solicitation # B2500091 Page 12 Schedule D — Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completedlacknowledged. 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: Description Architectural Electrical Other Pricing 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 B2500091. 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 Company Name: Address: Phone Email: FEIN/Federal Tax ID #: Solicitation # B2500091 Page 13 CONTRACTOR: By: Name: Title: Date of Signature Solicitation # B2500091 Page 14 Schedule E — Insurance Insurance Contractor shall provide coverage with limits of liability no less than those stated below: 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 - Occurrence Form Policy shall indude bodily injury, property damage, liability assumed under an Insured Contract. The policy shall be endorsed to include the following additional insured language: "Weld County, its subsidiary, parent, elected officials, employees, associated and/or affiliated entities, successors, or assigns, 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 indude Minimum Limits as follows: General Aggregate $ 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles used in the performance of this Contract. Such policy shall maintain Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Professional Liability (Errors and Omissions Liability) Solicitation # B2500091 Page 15 The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Proof of Insurance. Upon County's request, Contractor shall provide to County, for examination, a policy, endorsement, or other proof of insurance as determined in County's sole discretion. Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure. 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 of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, "Weld County, its successors or assigns; its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds" with respect to liability arising out of the activities performed by or on behalf of the Contractor". On insurance policies where Weld 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. 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 required by this Agreement at any time, and such shall also be deemed confidential. Solicitation # B2500091 Page 16 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. 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. 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 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. Insurance Mailing Information Certificates of Insurance and endorsements shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Will Hopkins Email: whopkins@weld.gov Telephone: (970) 400-2044 Mail: Solicitation # B2500091 Page 17 Weld County Facilities Department ATTN: Will Hopkins PO Box 758 Greeley, CO 80632 Solicitation # B2500091 Page 18 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 the standard Weld County Contract for Professional Services. Professional 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 desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. Solicitation # B2500091 Page 19 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) or Request:for Proposal (RFP) as set forth in Bid Package No. B Exhibit B consists of Contractor's Response to County,'sRequest. 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`complyviiith the standards and requirements of Work within the time limits prescribed by County may result ih-;County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - Solicitation # B2500091 Page 20 INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or,work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be thebasis of any increase in the compensation payable hereunder. In the event that Written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect, to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be"performed, and:said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties, and this Agreement shall be modified accordingly, by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 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 be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in Solicitation # B2500091 Page 21 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 directionofthe County as to end results of the work only. The Contractor is obligated to pay all federal arld Bate income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into thisiptareement 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 tothe 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.Pshall 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 thetobligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall`become or remain (as applicable), the property of County. In addition, all reports,documents, data, plans, drawings, records, and computer files generated by Contractor"in relation toIhts Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County 'Contractor shall not make use of such material for purposes other than in connection with thWAAgreement without prior written approval of County. • 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. Solicitation # B2500091 Page 22 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Con_tractor 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 )his Agreement shall not in any way relieve Contractor of responsibility for the quality and,accuracy of the project. In no event shall any action by County hereunder constitute or: be construed to be 'a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such .breach or default „exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance"coverage in force at all times during the term of 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 thanthose 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 Solicitation # B2500091 Page 23 Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance - Occurrence Form Policy shall indude bodily injury, property damage, liability assumed under an Insured Contract. The policy shall be endorsed to include the following additional insured language: "Weld County, its subsidiary, parent, elected officials, employees, associated and/or affiliated entities, successors, or assigns, 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 indude Minimum Limits as follows: General Aggregate Products/Completed Operations Aggregate Each Occurrence Limit Personal/Advertising Injury $ 1,000,00O 1,000,000 1,000,000 1x;000,000 Automobile Liability Insurance Bodily Injury and Property Damage for any, owned, hired, and non -owned vehicles used in the performance of this Contract. Such policy shall maintain Minimum Limits as follows: #44- Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Professional Liability'(EeiOrs and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defned in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damadeUStailhO*AceaStiit,of,of in the course of operations under this Contract resulting from professional servi' es. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall preced.ehe effective date of this Contract; and that either continuous coverage will be maintained, of an='extended discovery period will be exercised for a period of two (2) years beginning kite time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 14. Proof of Insurance. Upon County's request, Contractor shall provide to County, for examination, a policy, endorsement, or other proof of insurance as determined in County's sole discretion. Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure. Solicitation # B2500091 Page 24 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 of Insurance for,:theCommercial General Liability coverage and for the Automobile Liability coverage, "Weld: Cou'ntysits successors or assigns; its elected officials, employees, agents, affiliated entities,:and volunteers as Additional Insureds" with respect to liability arising out of the activities performed by or on behalf of the Contractor". On insurance policies where Weld County is named as an additional insured the County shall be an additional insured to the full limits of liability purchased bythe.:Contractor even if those limits of liability are in excess of those required by this Contract. 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 otherprovisions in this Agreement. Failure to maintain the insurance policies as required by'thisAgreement 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 required by this Agreement at any time, and,such shallaalso be deemed confidential. 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. 15. 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. Solicitation # B2500091 Page 25 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. 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 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/holdJarmless section of this Agreement.. Failure of the Contractor to fully comply with these requirements diking the term of this Agreement may be considered a material breach of contract and m s e cause for immediate termination of the Agreement at the option of the County. The,Counfy*eaerves the right to negotiate additional specific insurance requirements at the time>.of the contract" award. 16. Subcontractor Insurance. Contractor hereby warrants that 11 subcontractors providing services under this Agreement have or will havethe above de gibed insurance prior to their commencement of the Work, or otherwise that they,are coveredfiy 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 Cou"nty. 17. No limitation of Liability. The insurance coverages specifiedin this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no war warrants that the minimum limas 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 higher4limi s and/or,broader CO/wages. ` The Contractor is not relieved of any liability or other obligations assumed or pur".suant`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 obligatin x nd liaf lines underthis Agreement. 18. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance,equirements identified herein. The Contractor shall be responsible for the professional ggalit technical accuracy, and quantity of all services provided, the timely delivery of said seniiices, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 19. 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. 20. Indemnity. The Contractor shall indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against any and all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs, (hereinafter referred to collectively as Solicitation # B2500091 Page 26 "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 the 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 of 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. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. A failure of Contractor to comply with these indemnification provisions shall, resultin County's right but not the obligation to terminate this Agreement pursue any other lawful remedy. 21. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior writtenwapproval 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. 22. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any`books, documents, papers and records of Contractor, involving all matters and/or transactions -related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 23. 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. 24. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Solicitation # B2500091 Page 27 Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: 'Address: E-mail: Phone: TO COUNTY: Name: Position: Address: Address: E-mail: Phone: 25. 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. 26. Non -Exclusive Agreement. This Agreement snonexcl sive, ,and County may engage or use other Contractors or persons to performservices:of the same or similar nature. 27. Entire Agreement/Modificatton≥ This Agreement including the:Exhibits attached hereto and incorporated herein, contains zthe ,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 istrument signed by both parties, 28. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds *pat purpose being appropriated, budgeted and otherwise made availa"`bkxe tion f this Agreement by County does not create an obligation on the part of County to expend funds; not otherwise appropriated in each succeeding year. 29. 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. 30. 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. 31. 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. Solicitation # B2500091 Page 28 32. Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other immunities, rights, benefits, and protections, provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as from time to time amended, or otherwise available to the County, its subsidiary, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and volunteers. 33. 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 t y 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. 34. 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. 35. 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. 36. 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, including employment verification requirements contained within state or federal grants or awards funding public contracts. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment to 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. 37. 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. 38. 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. Solicitation # B2500091 Page 29 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: By: Name: Title: Date of Signature WELD COUNTY: ATTEST: Weld County Clerk to the Board BOARD OF COUNTY COMMIS5IQNERS WELD COUNTY; COLORADI BY: Deputy Clerk to the Board [Insert. Name], Chair Solicitation # B2500091 Page 30 EXHIBIT B Schedule D — Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. 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: Description Architectural Electrical $NIA $20,800 $0 Pricing Other Total Lump Sum Cost: Attestation $20,800 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 B2500091. 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 Company Name: Address: Entry G2 Consulting Engineers 5000 Goodman St., Unit 100, Timnath, CO 970-460-7400 Phone Email: hmielke@g2ce.com 81-3671664 FEIN/Federal Tax ID #: Solicitation # 82500091 Page 13 CONTRACTOR: By: CN Miek'Z-- Name: Hannah Mielke Title: Electrical Project Manager 07/22/2025 Date of Signature Solicitation # B2500091 Page 14 Addendum # 001 Bid Request Number B2500091 North Jail — Lighting Design Questions and Answers: 1. Question: Will the County be pulling an exception on not bringing the outlets in office spaces up to code with 50% controlled as they update the lighting controls? Answer: This will not be required with this design IFB. 2. Question: Do you have the total square footage of the buildings, broken out by wing if possible? Answer: Total square footage of the North Jail complex is 385,376 3. Question: Can the consultant hired for this work bid on the construction phase? Answer: Yes 4. Question: We are a lighting consultant. We subcontract our electrical stamped drawings. Under qualifications and insurance, can we utilize our subcontractors electrical engineering license to bid or does the prime contractor have to hold the electrical or architectural license? Answer: Yes, as long as all design and engineering is completed by a licensed engineer and architect and all qualifications in the IFB and insurance are met. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: G2 Consulting Engineers 07/22/2025 Date of Signature Signature: ►` M -- Name: Hannah R Mielke Title: Electrical Project Manager July 22, 2025 CONSULTING ENGINEERS, INC. WELD COUNTY NORTH JAIL LIGHTING DESIGN PREPARED FOR WELD COUNTY FACILITIES DEPARTMENT BID #B2500091 ELECTRICAL ENGINEERING SERVICES JULY, 2O25 TABLE OF CONTENTS 1. SUMMARY OF BID 2. ORGANIZATIONAL CHART 3. PROJECT SCHEDULE 4. RESUMES 5. ENGINEERING CERTIFICATION 6. PROPOSAL OF WORK G2 Consulting Engineers, Inc. July, 2025 3 4 6,7 8,9 10-17 SUMMARY OF THE BID G2 Consulting is very familiar with the work associated with this proposed project. G2 was the Mechanical and Electrical engineer of record for the West Jail project and has recently completed the engineering of the booking area remodel. G2 Consulting is familiar with the use of NLight lighting controls and associated equipment that is a preference for all county installations. BASE SCOPE FOR LIGHTING RETROFIT WORK: North Jail — Interior Detention Areas (excluding 2 -West) Update all existing lighting to LED. Existing controls remain. North Jail — Interior Non -Detention Areas (excluding 2 -West) U pdate all existing lighting to LED. NLight Eclipse Lighting Controls throughout. North Jail — Interior Non -Detention 2 -West Integrate existing LED lighting with new NLight controls. U pdate lighting fixture if integration with controls is not seamless with existing fixtures. North Jail — Interior Detention 2 -West N o Scope. North Jail — Exterior Building Mount Lighting Integrate existing LED lighting with new NLight controls. Inclusions for all spaces. Development of backgrounds based upon owner provided .pdf or CAD documentation. Attend (4) design site visit and/or design meeting with facilities. Load Study Summary of all areas. Submit stamped and signed drawings to the Weld County Facilities Department. Assist with submittal for permitting application. Assist Weld County Facilities Department with review of bids by installing contractor's for pricing and award selection. Attend (10) Construction Administration visits and/or design meetings with Weld County Facilities Department. Conduct MEP related contract administration services limited to shop drawing review and RFI response. Provide reporting of findings during site visits and prepare a punch list. Provide as -built drawings based off contractor markups of all in -field changes, RFI responses and owner administered changes. G2 Consulting Engineers, Inc. July, 2025 ORGANIZATIONAL CHART Dave Smith, PE, Associate Principal and Principal Project Contact Hannah Mielke, PE, Project Manager and Project Engineer 1 James Tucker, Electrical Designer G2 Consulting Engineers, Inc. corporate structure consists of three Principals, Greg Peterson, David Manring, and Chris Anderson and Associate Principal Dave Smith. The firm has 4 project managers including Hannah Mielke, Kate Hodgson, Kalib Ainsworth, Nick Casady and Brenton Boyer. G2 takes a hands on approach to ensure that all employees are familiar with design, construction and acceptance phases of all pro- jects. G2's staff of 23 has worked with Weld County's Facility Department successfully on many projects. The following is a partial list. Weld County Jail West Addition Chase Building Chiller Replacement Elections Remodel 4H Building Improvements Jail Booking Remodel Jail West UPS Replacement Greeley Fuel Station Briggsdale, Ault, Dacono Grader Sheds Employee Health Clinic Relocation G2 Consulting Engineers, Inc. July, 2025 PROJECT SCHEDULE G2 proposed the following for the design portion of the project schedule: Kick off meeting shall be scheduled at the convenience of the County upon award of project. One week following the kick off, plan for 3 staff members from G2 to walk the site and record as -built conditions of each space proposed for new work. Assistance from the county is required for this walk-thru for access to spaces for remodel as well as electrical equipment spaces. Four calendar weeks design time following the site walk is proposed for implementation of existing and new work conditions on plan documents. Attend a weekly meeting with Weld County Facilities dur- ing this design process. Deliver contract documents to county for permit application at the convenience of Weld County Facilities. Attend meeting with Weld County Facilities to review contractor bid proposals. Attend one site visit and/or meeting each week for a proposed 10 week construction time, final schedul- ing determined by the county. G2 Consulting Engineers, Inc. July, 2025 G2 CONSULTING ENGINEERS. INC. Dave Smith, PE, LEED AP Associate Principal Dave serves as an Associate Principal for G2 Consulting Engineers. He graduated with an Architectural Engineering degree from Kansas State University, and is proficient in designing Mechanical, Electrical, and Plumbing systems. Dave's multi -discipline background enables him to effectively coordinate all aspects of a project from the beginning of design through construction administration. Dave worked as a mechanical and electrical engineer at two fast paced MEP firms prior to joining the G2 team. He has experience designing and managing a wide range of projects from large gaming and hospitality projects to small office renovations. Dave has spent a large amount of time in the field trouble shooting existing HVAC prob- lems, conducting MEP field work, performing indoor air quality studies, and commissioning new and existing sys- tems. His broad experience makes him a valuable addition to 02's design team. Dave recognizes the importance of highly coordinated projects. He has designed MEP systems in which have been largely unseen and heard, but effectively serve the space. He has excelled on projects with changing scopes, chal- lenging schedules, and difficult existing conditions. When Dave is not in the office, he tries to rock climb, ski, and fly fish. EDUCATION , REGISTRATIONS, CERTIFICATIONS O Bachelor of Science, Architectural Engineering Kansas State, 2010 O Professional Engineer, Colorado & Multiple States O LEED Accredited Professional O ASHRAE Member RELATED PROJECT EXPERIENCE O Northeastern Junior College Chiller Replacement O City of Brighton HVAC Replacement Project O RE -Valley 1 —Sterling School District HVAC Improve- ments O Fantasy Springs Casino IAQ Improvement Project; O Greeley Country Club HVAC Replacement Project O Lonestar School District Kitchen MEP Upgrades O Alamosa School District Kitchen & Connector O City of Brighton—HVAC Upgrades O City of Sterling —City Hall Mechanical Replacement Project G2 Consulting Engineers, Inc. July, 2025 G2 CONSULTING ENGINEERS, INC. Hannah Varley, PE Electrical Project Manager Hannah serves as an Electrical Project Manager for G2 Consulting Engineers. She graduated with an Electrical Engi- neering degree in May of 2018, from the State University of New York at Buffalo, with a focus in Power Engineer- ing. Previous to graduation, she worked as an intern training her skills in power, lighting, architectural lighting, site lighting, fire alarm system, and low voltage systems. Having worked with the designs of various types of buildings, such as commercial, industrial, medical, education and government, Hannah brings a unique broad perspective to our Electrical Department. Hannah chose her field because she is a hands-on learner and has always been intrigued by the way things work. She enjoys the challenge that comes with each project and loves being part of the process to build physical structures that can be seen and used for years to come. Having played 01 volleyball in college, Hannah spends most evenings outdoors with her husband and son, while spending her weekends in the mountains all throughout Colorado, hiking 14ers and camping. She also enjoys bik- ing, running, and traveling the world. She was born and raised in Plainwell, Michigan and loves dogs. EDUCATION , REGISTRATIONS, CERTIFICATIONS 0 Bachelor of Science Electrical Engineering University at Buffalo(SUNY), 2018 0 Professional Engineer, Multiple States RELATED PROJECT EXPERIENCE O Fort Collins Montessori School 0 Galeton Fire Station #2 O Serverance Police Station 0 Timberline Fire Station #3 - Addition & Renovation O Weld County Employee Health —Greeley, CO 0 Weld County Elections Renovation —Greeley, CO O Thomson Elementary School HVAC Addition —Brush, CO 0 St. Vrain Admin Renovation —Longmont, CO G2 Consulting Engineers, Inc. July, 2025 Lookup Detail View Licensee Information This serves as primary source verification* of the license. "Primary source verification: License information provided by the Colorado Division of Professions and Occupations, established by 24- 34-102 C.R.S. Name David Ryan Smith City, State, Zip Code Loveland, CO 80537 Credential Information License License License Original Effective Expiration Number Method License Type Status Issue Date Date Date PE.0050028 Examination Professional Active 06/09/2015 11/01/2023 10/31/2025 Engineer Board/Program Actions Discipline There is no Discipline or Board Actions on file for this credential. Generated on: 7/22/2025 3:40:24 PM Lookup Detail View Licensee Information This serves as primary source verification* of the license. *Primary source verification: License information provided by the Colorado Division of Professions and Occupations, established by 24- 34-102 C.R.S. Name Hannah Rose Mielke City, State, Zip Code Windsor, CO 80550 Credential Information License License License Original Effective Expiration Number Method License Type Status Issue Date Date Date PE.0060884 Examination Professional Active 06/06/2022 11/01/2023 10/31/2025 Engineer Board/Program Actions Discipline There is no Discipline or Board Actions on file for this credential. Generated on: 7/22/2025 3:38:38 PM CG2 CONSULTING ENGINEERS. INC. July 22, 2024 Facilities Department Weld County 1150 O Street Greeley, CO 80631 Project: Bid Number: 82500091 Weld County North Jail — Lighting Design Subject: Electrical Engineering Services Proposal Thank you for soliciting a proposal from G2 Consulting Engineers, Inc. for electrical engineering services. 1. BASE SCOPE 1.1. North Jail — Interior Detention Areas (excluding 2 -West) 1.1.1.Update all existing lighting to LED. 1.1.2.Existing controls remain. 1.2. North Jail — Interior Non -Detention Areas (excluding 2 -West) 1.2.1.Update all existing lighting to LED. 1.2.2.NLight Eclipse Lighting Controls throughout. 1.3. North Jail — Interior Non -Detention 2 -West 1.3.1.Integrate existing LED lighting with new NLight controls. 1.3.2.Update lighting fixture if integration with controls is not seamless with existing fixtures. 1.4. North Jail — Interior Detention 2 -West 1.4.1.No Scope. 1.5. North Jail — Exterior Building Mount Lighting 1.5.1.Integrate existing LED lighting with new NLight controls. 1.6. Inclusions for all spaces. 1.6.1.Development of backgrounds based upon owner provided .pdf or CAD documentation. 1.6.2.Attend (4) design site visit and/or design meeting with facilities. 1.6.3.Load Study Summary of all areas. 1.6.4.Submit stamped and signed drawings to the Weld County Facilities Department. Assist with submittal for permitting application. 1.6.5.Assist Weld County Facilities Department with review of bids by installing contractor's for pricing and award selection. 1.6.6.Attend (10) Construction Administration visits and/or design meetings with Weld County Facilities Department. G2 Consulting Engineers, Inc. 5000 Goodman Street Unit 100 Timnath, CO 80547 Page 1 of 7 42 CONSULTING ENGINEERS, INC. 1.6.7.Conduct MEP related contract administration services limited to shop drawing review and RFI response. 1.6.8.Provide reporting of findings during site visits and prepare a punch list. 1.6.9.Provide as -built drawings based off contractor markups of all in -field changes, RFI responses and owner administered changes. 1.7. Architectural and/or structural engineering is not expected to be a requirement for this proposed work. 2. DESIGN PROCESS 2.1. The project design process will include deliverables of the following: 2.1.1.Schematic Design — 30% Completion 2.1.2.Design Development — 60% Completion 2.1.3.Permit / Construction Documents — 100% Completion 2.2. Exclusions. 2.2.1.Upgrading the power distribution systems. 2.2.2.Architectural or Structural documents. 2.2.3.Change order review. 2.2.4.Preparation of building envelope calculations. 2.2.5.All work in relation to sustainable design services including but not limited to LEED® documentation, energy calculations and modeling, life cycle studies and the like. 2.2.6.Any task not specifically included. 3. FEE 3.1. Our fixed fee for performing the BASE SCOPE of work shall be $20,800.00. 3.2. No expenses are expected for this scope of work. Mileage for meetings is included in Base Scope fee. If required, printing, shipping and permitting costs or fees will be reimbursed at cost without mark-up. 4. BASIC SERVICES OF ENGINEER 4.1. General. 4.1.1.The Basic Services to be performed by G2 Consulting Engineers, Inc., hereinafter referred to as ENGINEER, are defined in this proposal letter agreement, hereinafter referred to as Letter of Agreement. When Letter of Agreement is signed by both parties, with the second party hereinafter referred to as CLIENT, the Letter of Agreement invokes the Standard Agreement and Terms and Conditions contained herein. 4.1.2.The part of the Project for which ENGINEER is to provide services described in this Letter of Agreement and in this document is hereinafter referred to as This Part of the Project. 4.1.3.ENGINEER will collaborate with CLIENT and CLIENT's consultants to the extent required to provide a coordinated design for the overall Project. All communications with the CLIENT's consultants or other Project participants will be through or with the knowledge of the CLIENT. Except as set forth herein, ENGINEER will not have any duties or responsibilities for any other part of the Project. ENGINEER will perform services in character sequence and timing so that it will be coordinated with that of CLIENT and other consultants for the G2 Consulting Engineers, Inc. 5000 Goodman Street Unit 100 Timnath, CO 80547 Page 2 of 7 42 CONSULTING ENGINEERS. INC. Project. ENGINEER agrees to a mutual exchange of Drawings and Specifications for the Project with CLIENT and other consultants. 4.1.4.If you have chosen not to have the ENGINEER and the consultants of the ENGINEER provide construction administration services on the project, then those services shall be excluded from our contract. The CLIENT shall then assume the liability to ensure that the project is constructed in accordance with the design of the ENGINEER and the CLIENT will hold the ENGINEER harmless from any claim due to the contractor not building per plans and specifications. 5. ADDITIONAL SERVICES 5.1. General. 5.1.1.If authorized in writing by the CLIENT, ENGINEER shall furnish or obtain from others Additional Services of the following types which are not considered normal or customary Basic Services except to the extent provided otherwise in this Letter of Agreement; these will be paid for by CLIENT. 5.1.2.Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by CLIENT. 5.1.3.Services resulting from significant changes in extent of This Part of the Project or its design including, but not limited to, changes in size, complexity, CLIENT's schedule, or character of construction; and revising previously accepted studies, reports, design documents, or Contract Documents when such revisions are due to causes beyond ENGINEER's control. 5.1.4.Additional services in connection with this Part of the Project; including services normally furnished by CLIENT, and services not otherwise provided for in this or this Letter of Agreement such as: services of special consultants, value engineering, detailed cost estimates, or Bid Phase or Construction Phase services. 6. CLIENT'S RESPONSIBILITIES 6.1. CLIENT Shall: 6.1.1.Provide all criteria and full information as to CLIENT's requirements for the Project including: design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. Furnish copies of all design and construction standards which CLIENT will require to be included in the Drawings and Specifications. 6.1.2.Assist ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 6.1.3.Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services. 6.1.4.Furnish, or direct ENGINEER in writing to provide, necessary Additional Services as stipulated in this Agreement or other services as required. 6.1.5.Bear all costs incident to compliance with the requirements of this Agreement. 7. PERIOD OF SERVICE 7.1. The provisions of this Agreement and the various rates of compensation for ENGINEER's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Design Phase (unless otherwise stated in this proposal letter). ENGINEER's obligation to render services hereunder G2 Consulting Engineers, Inc. 5000 Goodman Street Unit 100 Timnath, CO 80547 Page 3 of 7 42 CONSULTING ENGINEERS. INC. will extend for a period that may reasonably be required for the design (unless otherwise stated in this proposal letter) of This Part of the Project; including extra work and required extensions thereto. 7.2. If ENGINEER's services for design (or phases as stated in this proposal letter) of This Part of the Project are delayed or suspended (in whole or in part) by CLIENT for more than two weeks for reasons beyond ENGINEER's control then ENGINEER shall, on written demand to CLIENT (but without termination of this Agreement) be paid. If such delay or suspension extends for more than three months (for reasons beyond ENGINEER's control) or if ENGINEER, for any reason, is required to render services more than three months after initial date of letter of agreement, the various rates of compensation shall be subject to renegotiation. 8. PAYMENTS TO ENGINEER 8.1. For Basic Services. CLIENT shall pay ENGINEER for Basic Services described in this Letter of Agreement rendered under Lump Sum or Time and Materials Fee as described in this Letter of Agreement. 8.2. For Additional Services. CLIENT shall pay ENGINEER for Additional Services rendered as follows: 8.2.1.General. For Additional Services rendered, the fee shall be that which is agreed upon on an Authorization for Additional Services form. This Authorization for Additional Services form shall be issued at the time of CLIENT's request and shall include revised scope of work. The Authorization for Additional Services form shall be signed by the CLIENT and this will act as notice to proceed with Additional Services. 8.3. Reimbursable Expenses. In addition to payments provided for Basic Service and Additional Services, CLIENT shall pay ENGINEER the actual costs (times a factor of 1.0) of all Reimbursable Expenses incurred in connection with all Basic and Additional Services if defined in this Letter of Agreement. 8.4. The terms "Reimbursable Expenses" will have the meanings assigned in Definitions below. 8.5. Times of Payments. ENGINEER shall submit monthly or semi-monthly invoices for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The invoices will be based upon ENGINEERS's estimate of the proportion of the total services actually completed at the time of billing. Payment terms are net 30 days. CLIENT shall make prompt payments in response to ENGINEER's statements. 8.6. Other Provisions Concerning Payments. 8.6.1.If CLIENT fails to make any payment due ENGINEER for services and expenses within the limits described in this Letter of Agreement, the amounts due ENGINEER shall include a charge at the rate of 1.5% per month from said thirtieth day, and in addition, ENGINEER may (after giving seven days written notice to CLIENT) suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses. 8.6.2.In the event of termination by CLIENT of the Basic Services; ENGINEER will be paid for services rendered up to that time (on the basis of Direct Labor Costs times a factor of 3.2) for services rendered to date of termination by principal and employees assigned to This Part of the Project. In the event of any such termination, ENGINEER will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination Expenses mean Reimbursable Expenses directly attributable to termination, which shall include an amount computed as a percentage of total compensation for Basic Services earned by ENGINEER to the date of termination, as follows: G2 Consulting Engineers, Inc. 5000 Goodman Street Unit 100 Timnath, CO 80547 Page 4 of 7 42 CONSULTING ENGINEERS. INC. 20% if termination occurs after commencement of the Design Phase. 8.7. Definitions. 8.7.1.The Direct Labor Costs used as a basis for payment means salaries and wages (basic and incentive) paid to all personnel engaged directly on the Projects, including but not limited to; engineers, designers, drafters, estimators, administration, and clerical. 8.7.2.Reimbursable Expenses means the actual expenses incurred (directly or indirectly) in connection with the Project for: obtaining bids or proposals from Contractor(s); postage, toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, and similar Project related items in addition to those required elsewhere is this Agreement; project related travel and lodging costs; and, if authorized in advance by CLIENT, overtime work requiring higher than regular rates. 9. OPINIONS OF COST 9.1. Opinions of Cost. 9.1.1.Since Engineer has no control over the cost of labor, material, equipment, or services furnished by others; or over the Contractor(s) methods of determining prices; or over competitive bidding or market conditions; then his opinions of probable Construction cost for This Part of the Project provided for herein are to be made on the basis of his experience and qualifications; and represent his best judgment as an experienced and qualified consulting engineer (familiar with the construction industry). ENGINEER cannot and does not guarantee that proposals, bids, or actual Construction Cost for This Part of the Project will not vary from opinions of probable cost prepared by him. If prior to the Bidding or Negotiating Phase CLIENT wishes greater assurance as to Construction Cost for This Part of the Project, he shall employ an independent cost estimator. 10. GENERAL CONSIDERATIONS 10.1. Termination. 10.1.1. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice. 10.2. Reuse of Documents. 10.2.1. All documents including Drawings and Specifications prepared by ENGINEER pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any reuse, without written verification or adaptation by ENGINEER for the specific purpose intended, will be at CLIENT's sole risk and without liability or legal exposure to ENGINEER; and CLIENT shall indemnify and hold harmless ENGINEER from all claims, damages, losses, and expenses (including attorney's fees) arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by CLIENT and ENGINEER. 10.3. Records. 10.3.1. Records of ENGINEER's Direct Labor Costs, Payroll Costs, and Reimbursable Expenses (pertaining to This Part of the Project) will be kept on a generally recognized accounting basis and made available to CLIENT on request. 10.3.2. ENGINEER shall maintain all design calculations on file in legible form. A copy of these shall be available to CLIENT at ENGINEER's expense; and the originals shall not be disposed G2 Consulting Engineers, Inc. 5000 Goodman Street Unit 100 Timnath, CO 80547 Page 5 of 7 42 CONSULTING ENGINEERS. INC. of by ENGINEER until after sixty days' prior written notice to CLIENT or 60 months after project completion without notice. 10.3.3. ENGINEER's records and design calculations will be available for examination and audit as required in writing by CLIENT. 10.4. Standard of Care. 10.4.1. Services shall be performed by ENGINEER in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of ENGINEER's profession currently practicing in the same geographical area. By delivery of completed work, Design Professional certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws and the professional standard of care in Colorado. 10.5. Insurance. 10.5.1. CLIENT and ENGINEER shall each procure and maintain insurance (other than life insurance) for protection from claims under worker's compensation acts, claims for damages because of bodily injury (including personal injury), sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. 10.5.2. CLIENT and ENGINEER shall each procure and maintain professional liability insurance for protection from claims arising out of performance of professional services caused by any negligent error, omission, or act for which the insured is legally liable. Such professional liability insurance will provide for coverage in such amounts, with such deductible provisions, and for such periods of time as appropriate for the size of the project; and certificates indicating that such insurance is in effect will be exchanged by them. 10.5.3. CLIENT will also cause other professional consultants retained by CLIENT for the Project to procure and maintain comparable professional liability insurance coverage. 10.5.4. CLIENT agrees to limit the ENGINEER's liability to the CLIENT and to all construction contractors and subcontractors on the project, due to the ENGINEER's negligent acts, errors or omissions, or any claim of any nature whatsoever arising out of or relating to the performance of professional services under this agreement, such that the total aggregate liability of the ENGINEER to all those named shall not exceed $50,000 or the ENGINEER's total fee for services rendered on this project, whichever is greater. 10.6. Controlling Law. 10.6.1. This Agreement is to be governed by the law of the State of Colorado. 10.7. Successors and Assigns. 10.7.1. CLIENT and ENGINEER each binds himself and his partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this Agreement. 10.7.2. Neither CLIENT nor ENGINEER shall assign, sublet, nor transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except as stated elsewhere in this Agreement, and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or G2 Consulting Engineers, Inc. 5000 Goodman Street Unit 100 Timnath, CO 80547 Page 6 of 7 42 CONSULTING ENGINEERS, INC. responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of services hereunder. 10.7.3. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than CLIENT and ENGINEER. Please contact us should you have any questions and/or comments regarding this proposal. Thank you for this opportunity, and we appreciate working with Weld County. Regards, Hannah Mielke, PE Electrical Project Manager G2 Consulting Engineers, Inc. AGREED AND ACCEPTED Weld County PRINTED NAME: NAME DATE G2 Consulting Engineers, Inc. 5000 Goodman Street Unit 100 Timnath, CO 80547 Page 7 of 7 Client#: 1420802 G2CON ACORD. CERTIFICATE OF LIABILITY INSURANCE IDATE (MM/OD/YYYY) 7/30/2025 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Services, LLC 4600 S. Ulster Street, Suite 1200 Denver, CO 80237 800 873-8500 INSURED G2 Consulting Engineers, Inc. 5000 Goodman St., Unit 100 Timnath, CO 80547 Eot); 800 873-8500 rat, No): den.certificate@usi.com INSURER(S) AFFORDING COVERAGE NAIL !t INSURER A : Charter Oak Fire Insurance Company 25615 INSURER B Travelers Indemnity Company 25658 INSURER C : Travelers Indemnity Company of CT 25682 37540 INSURER D : Beazley Insurance Company, Inc. INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE INSR PAL Xl COMMERCIAL GENERAL LIABILITY I X � I. CLAIMS -MADE I X OCCUR SUBRt WVD __.._ POLICY NUMBER X 16806H900677 I POLICY EFF POLICY EXP (MM/DD/YYYY) (_MM/DD/YYYY) 10/05/2024110/05/2025 ; LIMITS __.. EACH OCCURRENCE i $1,000,000 Dgqry�ttAGE TO RENTED PRE_MI-- �Ea occurrences [ $1,000,000 MED EXP (Any one person) I $ 5,000 PERSONAL & ADV INJURY 1$ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO POLICY X. JECT l LOC 1 OTHER: GENERAL AGGREGATE I $2,000,000 PRODUCTS _COMP/OP AG$2,000,000 I C I AUTOMOBILE '� yl LIABILITY � X ANY AUTO I OWNEDSONLY ! AUTOS SCHEDULED AUTO HIRED I X NON -OWNED AUTOS ONLY - AUTOS ONLY X I BA0R086527 I 10105/2024;10/05/2025 � COMSI (Ea accideBINEDnt)NGLE LIMIT j 11,000,000 BODILY INJURY (Per person) I BODILY INJURY (Per accident) $ L PROPERTY DAMAGE !. $ (Per accident) $ B I -XII UMBRELLA LIAB x I OCCUR 1X ! EXCESS LIAR, CLAIMS -MADE I X 1 CUP7H073235 I 10/05/2024110/05/2025 EACH OCCURRENCE I $2,000,000 AGGREGATE I $2,000,000 1 I DED I XI RETENTION $10000 I I C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y N i ANY PROPRIETOR/PARTNER/EXECUTIVE IOFFICER/MEMBER EXCLUDED? N v. N / A (Mandatory in NH) '—' I I DESCRIPTION OF OPERATIONS be. I X I UB6H90653A 10/05/2024 10/05/2025 - , OTH- X 'M STAIUTE L _ER t E.L.EACH ACCIDENT I $1,000,000 - ---- E.L. DISEASE - EA EMPLOYEEI $1,000,000 E.L. DISEASE - POLICY LIMIT I $1,000,000 D ,1Professional Liability i Claims Made I 1C38465240101 1 10/05/2024110/05/2025 $5,000,000 per claim $5,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insureds under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Weld County 1150 O Street Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C7) © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S50308322/M46602992 AEKZR DESCRIPTIONS (Continued from Page 1) The General Liability and Umbrella/Excess insurance applies on a primary and non-contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. Additional Insured Includes: Weld County, its elected officials and its employees. SAGITTA 25.3 (2016/03) 2 of 2 #S50308322/M46602992 Contract Form Entity Information Entity Name* G2 CONSULTING ENGINEERS INC Entity ID @00045613 Q New Entity? Contract Name * Contract ID WELD COUNTY JAIL LIGHTING UPGRADES DESIGN AND 9813 ENGINEERING SERVICES Contract Status CTB REVIEW Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* PROVIDE DESIGN AND ENGINEERING SERVICES FOR THE LIGHTING UPGRADES FOR THE NORTH JAIL COMPLEX Contract Description 2 Contract Type* CONTRACT Amount" $20,800.00 Renewable* NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 08/14/2025 GROUNDS 08/18/2025 Department Email CM- BuildingGrounds@weld.go Department Head Email CM -Build ingGrounds- 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 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 Review Date* 11/18/2025 Committed Delivery Date Renewal Date Expiration Date* 11/30/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 08/13/2025 08/14/2025 08/21/2025 Final Approval BOCC Approved Tyler Ref # AG 082525 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 08/25/2025 Hello