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Home My WebLink About20222962.tiffNovember 16, 2022 Con-Ivact Ib3W5W FACILITIES DEPARTMENT PHONE: (970) 400-2023 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Crime Lab Exhaust Design Change Order # 1-(2022-2962) After design and engineering services for exhaust/snorkel modifications at the Crime Lab began it was discovered that additional backgrounds and conditions needed verification as an alternative location was identified. G2 Consulting Engineers, INC. provided a change request in the amount of $1,500.00 for the additional services. The Facilities Department is recommending the change in the amount of $1,500.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Conuir-)-A-90/}Joi, l 2/05 /2 /0270,1102Azou-2�I�z , 8G,0071} CHANGE ORDER # 1 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND G2 CONSULTING ENGINEERS Date: November 16, 2022 Original Agreement: Weld County document no. 2022-2962 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 2,850.00 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount $ 1,500.00 Current Change Order Amount $ 4,350.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: G2 Consulting Engineers Name: Kalib Ainsworth, CHD, LEED AP BD+C Title: Project Manager ATTEST:�.d •�"`- Weld Cr ty Clerk to the Bo , rd BY: Deputy Cle Page 1 of 1 Date November 30, 2022 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ott K. James, Chair DEC 0 ,IO2. O,2 9Ad2- 2 CONSULTING ENGINEERS, INC. 11/14/2022 Will Hopkins Weld County Facilities Department 1105 H Street, PO Box 758 Greeley CO 80632 Exhibit A: Change Order # 1 Project: Weld County — Evidence Storage Building Lab Exhaust Greeley, CO Subject: Additional Service Request —Alternative Location Dear Will, The purpose of this letter is to request an additional service to revise the Architectural and MEP drawings based on an alternative location with -in the building. The location of work was clarified and occurs in an area of the building which G2 or RSAP had not worked in. Thus, backgrounds and existing conditions had to be verified. In addition, the alternative location of work was identified after a substantial amount of work had been performed. The county had verified the incorrect location when the original proposal was issued and prior to the design team completing a set of final review plans. ADDITIONAL FEE 1.1. Our fixed fee for performing this additional scope of work shall be $500.00. Architectural fee for performing this scope of work shall be $1000.00. TOTAL = $1,500.00 Please feel free to contact us should you have any questions and/or comments regarding this proposal. Thank you for the continued opportunity to participate in this project, and we appreciate your business. Regards, 12) Dave Smith, PE, LEED AP Project Manager G2 Consulting Engineers, Inc. G2 Consulting Engineers, Inc. 5000 Goodman Rd, Unit 100 Timnath, CO 80547 Page 1 of 1 Contract Form Contract Request Entity Information Entity Name" G2 CONSULTING ENGINEERS INC Contract Name. CRIME LAB SNORKEL DESIGN 2022-2962 Contract Status CTB REVIEW Contract Description CHANGE ORDER # 1 Contract Description 2 Contract Type CHANGE ORDER Amount 51, 500.00 Renewable NO Automatic Renewal Entity ID (Px004561 3 ❑ New Entity? Contract I 6500 Contract Lead SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date} 1 1 19x2022 11/23/2022 Department Email CM- BuildingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead(oweIdgov.corn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@WELDG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept to be included? NO If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date. Renewal Date 02?28,=2023 Termination Notice Period Committed Delivery Date Expiration Date* 02/28/2023 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval. Process Department Head TOBY TAYLOR DH Approved Date 11/30;2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12?0512022 Originator 5GEESAMAN Finance Approver CHERYL PATTELLI Legal Counsel MATTHEW CONROY Finance Approved Date Legal Counsel Approved Date 12'01/2022 12/01/2022 Tyler Ref # AG 120522 October 5, 2022 edni-c.c+ Co37 S' FACILITIES DEPARTMENT PHONE: (970) 400-2023 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Crime Lab Exhaust Design and Engineering Services There is a need for design and engineering services for exhaust/snorkel modifications at the Crime Lab. G2 Consulting Engineers, INC. provided a bid and meets specifications. Therefore, the Facilities Department is recommending the award to G2 Consulting Engineers, INC. in the amount of $2,850.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director jtrrm+ A.-, c.a. 10/aa 0/.2 4-A2A 2022-2962 EGoo�9 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND G2 CONSULTING ENGINEERS CRIME LAB EXHAUST DESIGN & ENGINEERING SERVICES THIS AGREEMENT is made and entered into this ' 1+c ay of Oche , 2020 by and between the Board of Weld County Commissioners, on behalf of the 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 WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibit, 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 Exhibit, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of 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 Exhibit. 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 - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 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 $2,850.00 as set forth in the Exhibit. No payment in excess of that set forth in the Exhibit will be made by County unless a Change Order authorizing such additional payment has been specifically 2 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 Exhibit, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained 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. 3 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. 4 Types of Insurance. Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where 6 such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Kalib Ainsworth Position: Project Manager Address: 5000 Goodman Street, Unit 100 Address: Timnath, CO 80547 E-mail: kainsworth@g2ce.com Phone: 970-460-7000 TO COUNTY: Name: Toby Taylor Position: Director of Facilities Address: 1105 H Street Address: Greeley, CO 80634 E-mail: ttaylor@weldgov.com Phone: 970-400-2020 19. Compliance with Law. Contradtor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibit 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, 7 representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any 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. 8 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 9 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 Exhibit, 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: G2 Consulting Engineers, Inc. 10/17/2022 By: _ G2 Consulting Engineers Name Kalib Ainsworth, CHD, LEED AP BD+C Title: Project Manager WELD CO TY:ti ATTEST: Z.2iLs1O `C;,:� �' Weld •u ty Clerk to the Bard BY Deputy Clerk t the : card to Date of Signature BOARD OF COUNTY COMMISSIONERS WE D COUNTY, COLORADO o K. James, Chair OCT 2 4 2022 Exhibit A -Crime Lab Exhaust Design CONSULTING ENGINEERS, INC. Revised - October 4th, 2022 Curtis Naibauer, Project Manager / Superintendent Weld County Facilities Department 1105 H Street, PO Box 758 Greeley CO 80632 Project: Weld County — Evidence Storage Building Lab Exhaust Subject: Mechanical and Electrical Engineering Services Proposal Mr. Naibauer Thank you for soliciting a proposal from G2 Consulting Engineers, Inc. for mechanical and engineering services. 1. SCOPE 1.1. We propose to provide engineering services for the Weld County Evidence Storage Building Lab Exhaust modifications located Greeley, Colorado. 1.2. We understand the project generally includes providing new exhaust snorkel system for the Lab. 1.3. Inclusions. 1.3.1.Design the HVAC system. 1.3.2.Design the power distribution system. 1.3.3.Attendance in design meetings. 1.3.4.Submit stamped and signed drawings to the AHJ. 1.3.5.Conduct MEP related contract administration services including shop drawing review, RFI response and construction observations. 1.4. Exclusions. 1.4.1.Security and access control systems design. We have included providing power to these systems. 1.4.2.Design of the lighting system. 1.4.3.Design of the low voltage system. 1.4.4.CCTV design. 1.4.5.Change order review. 1.4.6.Commissioning of MEP systems. 1.4.7.Record Document/As-Built drawing preparation. 1.4.8.Fire protection and fire alarm design services. 1.4.9.Preparation of building envelope calculations. 1.4.10. 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. 1.4.11. Any task not specifically included. G2 Consulting Engineers, Inc. 5000 Goodman St. Unit 100 Timnath, CO 80547 Page 1 of 2 4 2 CONSULTING ENGINEERS, INC. 1.5. Architectural Detailing. 1.5.1.Provide selective architectural detail via sub consultant. 1.5.2.Architectural detail to be limited to the following: 1.5.2.1. Roof penetration and curbs. 1.5.2.2. Details for mounting brackets associated with exhaust system. 2. FEE 2.1. Our fixed fee for performing this scope of work shall be $2,000.00. Architectural fee for performing this scope of work shall be $850.00. TOTAL = $2,850.00 2.2. We do not anticipate any reimbursable expenses associated with this project unless we are required to print hard copy drawings which we will expense at standard printing rates. Please feel free to contact us should you have any questions and/or comments regarding this proposal. Thank you for this opportunity, and we appreciate your business. Regards, r 1 .'1 Kalib Ainsworth, CHD, LEED AP BD+C Project Manager G2 Consulting Engineers, Inc. G2 Consulting Engineers, Inc. 5000 Goodman St. Unit 100 Timnath, CO 80547 Page 2 of 2 A CORDTS Client#: 1420802 G2CON CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/07/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Leticia Ortiz NAME: USI Insurance Services, LLC PHONE BOB873-8500 I (Fa (A/C, No, Ext): (AIC, No): P.O. Box 7050 nooREss: leticia.ortiz@usi.com Englewood, CO 80155 INSURER(S) AFFORDING COVERAGE NAIL # 800 873-8500 INSURER A : Travelers Property Cas. Co. of America 25674 INSURED INSURER B : Travelers Indemnity Company 25658 G2 Consulting Engineers, Inc. 5000 Goodman St., Unit 100 Timnath, CO 80547 Berkley Insurance Company INSURER C : Y P Y 32603 INSURER D : Phoenix Insurance Company 25623 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. LTRR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM%DDYYrA, ALE LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE El OCCUR X X 6806H900677 10/05/2022 10/05/2023 EACH OCCURRENCE $1,000,000 PREMISES..(Ea otc ante) $1,000,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PROT WCPRODUCTS POLICY X JEC OTHER: - COMP/OPAGG $2,000,000 D AUTOMOBILE LIABILITY ANY AUTO OWNEDOSONLY AUT HIRED X AUTOS ONLY SCHEDULED AUTOS NON -OWNED X AUTOS ONLY X X 0R0865272047 10/05/2022 10/05/2023 Ee aocideDtSINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B x UMBRELLA LIAR EXCESS LIAR x OCCUR CLAIMS -MADE X X CUP7H073235 10/05/2022 10/05/2023 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 $ DED I XI RETENTION $10,000 B WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N OFFICEraMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X N / A UB6H90653A 10/05/2022 10/05/2023 X ISTATUTE IERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liability Claims Made AEC905933806 10/05/2022 10/05/2023 $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 Facilities Department 1105 H 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S37728302/M37701882 CWZP 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. SAGITTA 25.3 (2016/03) 2 of 2 #S37728302/M37751882 Contract Form Entity Name G2 CONSULTING ENGINEERS INC Contract Name' CRIME LAB EXHAUST DESIGN Contract Status CTB REVIEW Entity ID* O00©45613 Contract Description DESIGN MODIFICATIONS TO THE CRIME LAS EXHAUST SYSTEM Contract Description 2 Contract Type* CONTRACT Amount. $2,850.00 Renewable. NO Automatic Renewal Grant IGA ❑ New Entity? Contract ID 6378 Contract Lead' SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 10/13/2022 10/17/2022 Department Email CM- BuildingGrounds0weldgov.c om Department Head Email CM-BuildingGrounds- De p t H e ad ewe l d g ov. co m County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELDG EY@WELDG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept_ to be inducted? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note_ the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase ct Effective Date Review Dane * 12/27/2022 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 12/27/2022 Contact Nam Purchasing Approver Ap mva Department Head TOBY TAYLOR DH Approved Date 10/18/2022 Final Appwvat. BOCC Approved BoCC Signed Date BOCC Agenda Date 10/24/2022 Originator SGEESAMAN Contact Type Contact Email Finance Approver CHERYL PATTELLI Contact Phone 1 Purchasing Approved Date Finance Approved Date 10/19/2022 Tyler Ref # AG 102422 [dal Counsel BRUCE BARKER Cow Phone 2 Legal Counsel Approved Date 10/19/2022 Chloe White From: Sent: To: Cc: Subject: Toby Taylor Thursday, October 20, 2022 11:16 AM Chloe White Sterling Geesaman; Esther Gesick; Cheryl Hoffman; Houstan Aragon RE: Contract ID #6378 Professional Service Agreement for Crime Lab Exhaust Design and Engineering Services - G2 Consulting Correction. This one is considered a "small purchase" since it is under the $5,000 limit. But we wanted to establish a formal contract since insurances are required. Toby Taylor Director Weld County Facilities Department Weld County Veterans Services 1105 H Street P.O. Box 758 Greeley, CO 80632 P: 970.400.2023 F: 970.304.6532 ttaylor@weldgov.com From: Toby Taylor Sent: Thursday, October 20, 2022 11:11 AM To: Chloe White <cwhite@weldgov.com> Cc: Sterling Geesaman <sgeesaman@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Houstan Aragon <haragon@weldgov.com> Subject: RE: Contract ID #6378 Professional Service Agreement for Crime Lab Exhaust Design and Engineering Services - G2 Consulting Yes, informal bid. Toby Taylor Director Weld County Facilities Department Weld County Veterans Services 1105 H Street P.O. Box 758 Greeley, CO 80632 P: 970.400.2023 F: 970.304.6532 ttaylor@weldgov.com From: Chloe White <cwhite@weldgov.com> Sent: Thursday, October 20, 2022 10:32 AM To: Toby Taylor <ttaylor@weldgov.com> Cc: Sterling Geesaman <sgeesaman@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman 1 <choffman@weldgov.com>; Houstan Aragon <haragon@weldgov.com> Subject: Contract ID #6378 Professional Service Agreement for Crime Lab Exhaust Design and Engineering Services - G2 Consulting Good morning, I'm prepping Contract ID #6378 and have a quick question: did you get the three quotes for the informal bid process? Your memo says G2 provided a bid, but doesn't necessarily call out that they were the lowest bid through the informal bid process. Thank you! Chloe A. White Deputy Clerk to the Board Supervisor Weld County Clerk to the Board's Office 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: cwhite(a�weldpov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Hello