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Home My WebLink About20181187.tiffRECORD OF PROCEEDINGS MINUTES - PART 1 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 18, 2018 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration Building, Greeley, Colorado, April 18, 2018, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Steve Moreno, Chair - EXCUSED Commissioner Barbara Kirkmeyer, Pro -Tern Commissioner Sean P. Conway Commissioner Julie A. Cozad - EXCUSED Commissioner Mike Freeman Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly Commissioner Conway requsted a moment of silence to honor the memory of Stan Cass. MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of April 16, 2018, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: Commissioner Conway moved to insert a new item 7) Consider Updated 2018 Paul Coverdell Forensic Science Improvement Grant Application for the Northern Colorado Regional Forensic Laboratory and authorize electronic submittal, under New Business. Seconded by Commissioner Freeman, it carried unanimously. CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. ID PUBLIC INPUT: No public input was given. BIDS: 1) APPROVE BID #61800059, JAIL 2 WEST ADDITION - DEPARTMENT OF BUILDINGS AND GROUNDS: Chair Pro-Tem Kirkmeyer stated this bid will be moved to the end of the Agenda to allow all five (5) Commissioners to be present for the approval. She stated this is a $45,000,000.00 bid so it is important that everyone is present. oS/a3 Minutes, April 18, 2018 Page 1 2018-1187 BC0016 ▪ 2) APPROVE BID #B1800076, EROSION CONTROL - DEPARTMENT OF PUBLIC WORKS: Rob Turf, Department of Purchasing, presented the six (6) bids received and stated staff recommends awarding to the second low bidder, all All Cowboy Erosion Control. In response to Commissioner Conway, Mr. Turf stated staff recommends All Cowboy Erosion Control be awarded the bid due to the company being local. He then moved to approve said bid as recommended by staff. Seconded by Commissioner Freeman, the motion carried unanimously. NEW BUSINESS: ▪ 1) CONSIDER STANDARD FORM FOR CHILD PROTECTION AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS, AND AUTHORIZE CHAIR TO SIGN AGREEMENTS CONSISTENT WITH SAID FORM: Lennie Bottorff, Department of Human Services, presented the updated standard form for Weld County Child Protection Agreement for Services. Commissioner Freeman moved to approve said standard form and authorize the Chair to sign agreements consistent with said form. The motion, which was seconded by Commissioner Conway, carried unanimously. el 2) CONSIDER CONTRACT ID #1707 AGREEMENT TO PURCHASE OUT -OF -HOME PLACEMENT SERVICES, AND AUTHORIZE CHAIR TO SIGN — A NEW WORLD: Mr. Bottorff reviewed the terms for the agreement to provide foster care and group home services for out -of -home placements. Commissioner Conway moved to approve said agreement and authorize the Chair Pro-Tem to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 3) CONSIDER CONTRACT ID #1718 AGREEMENT TO PURCHASE OUT -OF -HOME PLACEMENT SERVICES, AND AUTHORIZE CHAIR TO SIGN - SPRINGBROOK BEHAVIORAL HEALTH: Mr. Bottorff presented the agreement with a facility in South Carolina to provide out -of -home placement care for individuals with autism at a daily rate of $589.50. Commissioner Freeman moved to approve said agreement and authorize the Chair Pro-Tem to sign. Seconded by Commissioner Conway, the motion carried unanimously. • 4) CONSIDER CONTRACT ID #1712 AGREEMENT FOR CHILD PROTECTION SERVICES AND AUTHORIZE CHAIR TO SIGN - FAMILY TREE, INC.: Mr. Bottorff reviewed the agreement to provide visitation services for parenting time at a rate of $65.00 per hour. Commissioner Freeman moved to approve said agreement and authorize the Chair Pro-Tem to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. • 5) CONSIDER CONTRACT ID #1721 AGREEMENT FOR PROFESSIONAL SERVICES FOR CLIENT -SPECIFIC DOMESTIC VIOLENCE TREATMENT AND AUTHORIZE CHAIR TO SIGN - A TURNING POINT OF COLORADO SPRINGS, INC.: Mr. Bottorff presented the agreement to provide court -ordered domestic violence treatment. Commissioner Conway moved to approve said agreement and authorize the Chair Pro-Tem to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 6) CONSIDER APPLICATION FOR 2018 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANT PROGRAM FOR NORTHERN COLORADO REGIONAL FORENSIC LABORATORY AND AUTHORIZE ELECTRONIC SUBMITTAL: Ron Arndt, Director of the Regional Crime Lab, with Daren Ford, Sheriff's Office, presented the grant for $73,500.00, bringing the total requested amount to $164,000.00, for three (3) items of equipment. Commissioner Conway moved to approve said application and authorize electronic submittal. The motion, which was seconded by Commissioner Freeman, carried unanimously. Minutes, April 18, 2018 Page 2 2018-1187 BC0016 • 7) CONSIDER UPDATED 2018 PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANT APPLICATION FOR THE NORTHERN COLORADO REGIONAL FORENSIC LABORATORY AND AUTHORIZE ELECTRONIC SUBMITTAL: Mr. Arndt reviewed the details of the updated application from March, 2017, with additional funding granted of $19,500.00; therefore, he would like to add another training opportunity for Daren Ford. Commissioner Freeman moved to approve said updated application and authorize electronic submittal. The motion was seconded by Commissioner Conway, and it carried unanimously. la 8) CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY PERMIT FOR MORE THAN 350 PERSONS ON APRIL 22, JUNE 2, AND OCTOBER 6, 2018 - THE WILD ANIMAL SANCTUARY: Frank Haug, Assistant County Attorney, presented the application for a temporary assembly permit for three (3) upcoming events; dates being April 22, 2018, June 2, 2018, and October 6, 2018, with other events scheduled throughout the year. The three (3) previously mentioned events exceed 350 persons which made it necessary for them to apply for the permit. He noted there are no concerns from the referrals and reported the new Events Center will allow them more flexibility with space. • Jessica Milton, Chief Administration Officer with The Wild Animal Sanctuary, stated the events have been taking place over several years without issue and the new Welcome Center will offer more services. • Commissioner Freeman moved to grant said Temporary Assembly Permit. Seconded by Commissioner Conway, the motion carried unanimously. el 9) CONSIDER APPLICATION FOR A TRANSFER OF OWNERSHIP FROM FIERA ENTERTAINMENT, LLC, DBA EL CAPORAL, TO EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB, FOR A TAVERN (COUNTY) LIQUOR LICENSE, AND AUTHORIZE CHAIR TO SIGN: Mr. Haug presented the application for a transfer of ownership and gave a brief summary. He stated they have met all requirements and there are no character concerns of the new owner; however, the new owners did some modifications to the premises. Commissioner Cozad inspected the facility and reported there are no concerns with the neighborhood, or the facility. He stated they will offer some food products and have provided proof the employees completed the Responsible Vendor training. El Robert Dill, representative of El Centenario Entertainment, LLC, stated he concurs with everything mentioned and his clients are ready to move forward with the next steps. = Commissioner Freeman moved to grant said Transfer of Ownership for a Tavern Liquor License and authorize the Chair Pro-Tem to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. • 10) CONSIDER COUNTY DANCE HALL LICENSE NO. 0393, AND AUTHORIZE CHAIR TO SIGN - EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB: Mr. Haug presented the application for a dance hall license and recommended approval. Commissioner Conway moved to grant said Dance Hall License and authorize the Chair Pro-Tem to sign. Seconded by Commissioner Freeman, the motion carried unanimously. PLANNING: El 1) CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT, USR11-0031 - QUE AND DEBORA FULLMER: Diana Aungst, Department of Planning Services, reviewed the request for vacation of the USR11-0031. She noted the legal description is incorrectly listed on the resolution. Ms. Aungst explained the applicant is in the process of applying for a USR for a livestock confinement operation and there can't be two (2) USR's on the same property. In response to Commissioner Conway, Tim Naylor, representative of AGPROfessionals, stated the applicants understand that if the new USR for the livestock confinement operation is not approved, the vacation of USR11-0031 still stands. Minutes, April 18, 2018 Page 3 2018-1187 BC0016 Commissioner Freeman moved to approve said vacation with the revised legal description in the resolution. The motion was seconded by Commissioner Conway, and it carried unanimously. 2) CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN FOR CHANGE OF ZONE, PZ-1071, FOR ADLER ESTATES PUD - MEAD CROSSINGS, LLC: Kim Ogle, Department of Planning Services, stated this will be the eighth request for an extension of time, but reported the applicant is not present and recommended continuing this matter. In response to Chair Pro-Tem Kirkmeyer, Mr. Ogle stated he hasn't had contact with the applicant. Commissioner Conway stated there should be a full Board to discuss this matter and the applicant should be present; therefore, he moved to continue this matter to May 2, 2018. Seconded by Commissioner Freeman, the motion carried unanimously. Commissioner Freeman stated it is important the applicant be present at the May 2, 2018, hearing to have his request taken seriously. (Clerk's Note: The Board recessed at 9:30 a.m. and reconvened at 10:00 a.m. See Part 2 of these minutes.) RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Clerk to the Board. There being no further business, this meeting was adjourned at 9:30 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: idZ1 . -&k. Weld County Clerk to the Board BY: Q O- OPe. c Deputy Clerk to the Board EXCUSED Stev Moreno, Chair Ad C�- Tem / Sean P. Conway EXCUSED Julie A. Cozad Mike Freeman Minutes, April 18, 2018 Page 4 2018-1187 BC0016 RECORD OF PROCEEDINGS MINUTES - PART 2 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 18, 2018 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration Building, Greeley, Colorado, April 18, 2018, at the hour of 9:00 a.m. The meeting was recessed until all five County Commissioners could be present. ROLL CALL: The meeting was reconvened at 10:38 a.m. to discuss the Bids portion of the Agenda as detailed below, and on roll call by the Chair, the following members were present, constituting a full quorum of the members thereof: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro -Tern Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Tisa Juanicorena Clerk to the Board, Esther Gesick Controller, Barbara Connolly BIDS: 1) APPROVE BID #B1800059, JAIL 2 WEST ADDITION - DEPARTMENT OF BUILDINGS AND GROUNDS: Rob Turf, Purchasing Department, stated staff received four (4) bids. The low bidder was Roche Constructors, Inc., with an estimated construction timeline of 27 months; however, the difference between the low and second low bid was only 0.39%. Due to the competiveness of the bid fees, a cost/value analysis was performed by an evaluation panel which recommended awarding the bid to Bryan Construction, Inc., located in Larimer County, based on the fees and an estimated duration of 25 months. He noted the second ranked vendor was FCI Constructors, with a difference in cost of .79% and an estimated duration of 22 months, with a local office in Frederick. Two of the contractors were present and the Board agreed to allow them to present testimony. el In response to Commissioner Conway, Toby Taylor, Director of Buildings and Grounds, explained the Charter provision of giving preference to local vendors is at the sole discretion of the Board, and it was not a factor in the panel review. Bryan Hemeyer, FCI Constructors, stated the company is based in Frederick, they have participated in many bid proposals on prior Weld County projects, the Design/Build team is made up of other Weld and Colorado companies, as well as an out-of-state designer with exceptional experience that has been paired with a local designer for this project. He stated their belief in providing great value to Weld County, with a team that has worked together for ten years and has experience in over 44 detention facility Minutes, Wednesday, April 18, 2018 Page 1 2018-1187 BC0016 projects. In response to Commissioner Kirkmeyer, Mr. Hemeyer confirmed their estimated timeline of 22 months and stated they have completed similar projects, such as the Denver County Jail, ahead of schedule. Responding to Commissioner Conway, he explained the FCI corporate office has been in Grand Junction, Colorado, for 40 years. It started as a family -owned business and transitioned to an employee -owned company, with approximately 100 employees based in the Frederick office, and a similar number of employees in Grand Junction. In response to Commissioner Kirkmeyer, Mr. Hemeyer confirmed, if awarded, this project would be managed from the Frederick office. El Tom Roche, Roche Constructors, stated his company was founded and based in Greeley 46 years ago. He stated they are the low responsive bidder for this project. They have successfully completed ten projects for Weld County; three were major exterior builds of the Weld County Jail, and four were with Hauser Architects, which is also proposed for this project. He further stated they have over $125 million in completed jail experience and those projects were completed ahead of schedule and below budget. Mr. Roche stated he selected the Architect and team of consultants based on what is required for the scope of work for this expansion, and they have a very good working relationship going back to 1994. He asserted that Roche Constructors is the only contractor that meets the preference for being a resident local contractor with 100% of its approximately 150 employees residing in Weld County. In response to Chair Moreno, he explained the three phases of the RFP and their commitment to complete Phase I in 18 months and the entire project in 25 months, with a warranty period to ensure any issues are resolved. In response to Commissioner Cozad, Mr. Roche reviewed some of their other completed projects, and expressed his confidence in Hauser Architects that has not done correctional facilities, but has successfully designed similar projects and is capable of meeting the County's expectations. Responding to Commissioner Kirkmeyer, he further addressed the qualifications and experience of the structural engineer and various consultants with similar facilities. In response to Commissioner Conway, Mr. Roche reitereated his company has completed three contracts for the existing Weld County Jail facility on time and under budget, with one instance of a change order refund. In response to Commissioner Cozad, Mr. Taylor confirmed the evaluation panel consisted of four people who reviewed and scored the projects for cost/benefit for the following criteria: a) fee proposal and general conditions, b) completeness of proposal documents, c) staff experience on similar projects, d) current workload and organizational depth and schedule, e) demonstrated ability working with the chosen design team, f) guaranteed maximum price and financial strength of the company, g) demonstrated ability of cost, and h) schedule and quality proven track record with job and site safety. Mr. Taylor further explained the job and site safety expectations. Commissioner Conway stated all four firms are very close in many of the criteria. Mr. Taylor stated he believes each of the firms is capable of building the jail expansion; however, there is a difference in the category of recent experience on jail institutions and the various types of holding cells. Responding to Commissioner Cozad, Mr. Taylor reviewed the experience and background of the evaluation panel members, including construction, purchasing, jail and project management. eRob Turf, Purchasing Department explained each panel member independently reviewed the bid packets, incorporated the interview scores, scored the categories and then took the average of the combined scores. Responding further to Commissioner Cozad, he agreed Bryan Constructors ranked highest on staff experience with similar projects, and stated his scores didn't change much following the interview process. In response to Chair Moreno, Mr. Taylor reiterated the belief that each contractor could accomplish the task, but the cost/benefit analysis was conducted to determine quality in conjunction with the price. He agreed the Roche timeline followed the RFP and could be accelerated under ideal conditions, but there could also be unforeseen delays for any of the vendors. Minutes, Wednesday, April 18, 2018 Page 2 2018-1187 BC0016 • In response to Commissioner Kirkmeyer, Mr. Taylor explained the structural engineer and architect team are vital to ensuring the building is structurally sound, as well as compliant with the Prison Regulation Act. He expressed his concern with the lack of experience in those teams selected by Roche and noted that was clarified during the interview process. = Responding to Commissioner Cozad, Mr. Taylor reiterated the determination of preference for local bidders is at the sole discretion of the Board of Commissioners. He noted that in the past the County has used companies that have offices paying taxes and employees based in Weld County, regardless of where the headquarters is located. • Mr. Barker referenced the periodic report for both companies and stated if you need to serve process, the address for FCI Constructors is in Grand Junction, and Roche is in Greeley. He stated the provisions of the Charter do not define residency; however, from a legal standpoint it would be where the registered agent is located. Commissioners Kirkmeyer and Freeman discussed the practice of viewing local bidders as those who have an office, pay taxes, and have employees in Weld County. • In response to Commissioner Kirkmeyer, Mr. Warden verified the current jail was originally built in 1997, through contracts with Roche Constructors as the builder and Loren Bley as the Architect. He reviewed subsequent remodel and addition projects and which companies were selected. Responding further to Commissioner Kirkmeyer, Mr. Warden confirmed there was a reduction in price in one particular instance, and all of the projects done by Roche Constructors were completed on time and under budget. • Chair Moreno stated he appreciates the staff review and those who provided additional comments. He commented the ranking process was thorough, each of the bidders submitted quality bids and he agrees that each of them could complete the project. However, he would support the low bidder, Roche Construction, while taking into account that although some of the scoring may be lacking, their past performance supports their ability to do a quality job. • Commissioner Cozad commented it was helpful to hear from the bidders, and she expressed her appreciation for the amount of time and effort invested because this is a very large and important project which is budgeted for over $40 million. She stated the bids were very close, and she did have some concern with the issue of experience on similar projects; however, she is satisfied that there are members of the Roche team that can get the project done, they are the low, local bidder, and they have a proven history of getting projects done on time and under budget. • Commissioner Conway stated initially he was struggling with the question of experience on similar projects; however, based on the testimony, he agrees with awarding the project to Roche Constructors, which submitted the low bid, and successfully completed the original jail and subsequent remodels and additions, all of which were done on time and under budget. • Commissioner Kirkmeyer commented Weld County is very fortunate to have four quality companies to choose from; however, she has concern regarding the lack of experience by the architectural team selected by Roche Constructors to design a detention facility of this nature. Mr. Taylor stated the last similar project was done in 1976 for the Centennial Jail Complex. Commissioner Kirkmeyer stated a lot has changed in the past 40 years. In response to Commissioner Conway, Mr. Taylor confimed the architectural team has not done a similar detention facility project since 1976; however, Roche Constructors, as a construction company, did complete the recent federal ICE holding facility in Aurora, separate from Hauser Architects. Minutes, Wednesday, April 18, 2018 Page 3 2018-1187 BC0016 • Commissioner Freeman agreed the question of local preference is based on where they conduct business, not necessarily where their corporate headquarters are located. He also expressed concern with the lack of experience by the architectural team selected by Roche. el Commissioner Cozad agreed that the architect's lack of experience for designing a correctional facility is a concern. Mr. Taylor agreed it was a major issue because a good design saves money in the long run, plus it must be compliant with the current regulations for a correctional institution. Commissioner Cozad commented the savings with awarding the low bid may be spent later if the architectural team doesn't design something correctly in compliance with the regulations. • In response to Mr. Warden, Mr. Taylor clarified the various components that made up the consultant teams for each of the bidders were rated as individual line items on the scoring matrix. • In response to Commissioners Conway and Kirkmeyer, Mr. Taylor confirmed each of the bidders is capable of completing the project, and although he has concern with the lack of experience by the architectural team selected by Roche Constructors, he believes that if steered in the right direction they can successfully build the structure. However, for purposes of rating the bid proposals, the lack of experience was why he gave the lower rating. Responding to Commissioner Kirkmeyer, Mr. Barker stated if the Board were to select the low bidder, including the architectural team with limited experience, the County could include strict requirements in the contract to provide the necessary expertise to ensure the project is done in accordance with state and federal laws, as well as provisions that if something is missed, it would be at their expense. Commissioner Cozad stated that was part of the RFP and agreed it should also be included in the contract. Mr. Warden explained the concept of Design/Build projects was implemented to help eliminate the issue of change orders and establish a guaranteed maximum price where all of the parties work together to eliminate the question of who is responsible for any mistakes or oversights. Mr. Taylor explained the process for providing a budget estimate as part of the RFP, followed by establishing a firm price. • In response to Commissioner Conway, Mr. Warden stated upon implemention of the design/build process, the results were satisfactory. Mr. Taylor stated the last expansion was completed in spring of 2008. El Commissioner Conway moved to award to the low bidder, Roche Constructors, Inc., with direction to staff to ensure the County is protected by the maximum price, and Mr. Taylor read the fees into the record. Commissioner Cozad seconded the motion. El Commissioner Kirkmeyer requested a roll call vote because she does not support the low bid. She expressed concern with the lack of guaranteed maximum price at this point, that the architectural team for the low bidder does not have any recent experience designing this type of facility, and the differences between the construction management fees and timelines for completion. She stated the Board asked staff to go through and look at the process to make sure the County is making a good investment because the jail is a specialized type of building requiring a significant investment. If passed, she hopes the project is successful. Minutes, Wednesday, April 18, 2018 Page 4 2018-1187 BC0016 • Commissioner Conway commented if the concerns that have been discussed were with a contractor that didn't have a proven track record, then he would not support the motion; however, the testimony from staff that the prior projects were completed successfully alleviates those concerns. • In response to Commissioner Freeman, Mr. Taylor stated the design is overseen by the development team through weekly meetings which include staff from the Departments of Buildings and Grounds and the Jail. He also explained the County has not gone through the accreditation process because it does come with certain federal obligations. • Commissioner Cozad stated she appreciates the amount of review and discussion that has gone into this because this is an important project for the County. Despite her concerns, she feels confident that Roche will do a good job because the Board has given clear direction to the County Attorney and staff to ensure the County is protected and that if there are any mistakes, the liability goes back on the design team. For that reason, it is in their best interest that everything is in compliance, and the County will have a project manager that has input to make sure it is done correctly and is watching out for the County's interests. • Commissioner Freeman agreed with and reiterated the previous comments. • Commissioner Kirkmeyer stated she no longer requires a roll call vote based on the ongoing discussion concerning assurances that can be put in place. • Chair Moreno agreed with and reiterated the previous comments. There being no further discussion, the motion passed unanimously. Let Part 2 of the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Clerk to the Board. There being no further business, this meeting was adjourned at 12:01 p.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddmi,;� EXCUSED DATE OF APPROVAL Stave M repo, Ch CUSED DATE CIF APPROVAL Weld County Clerk to the Board Deputy Clerk to the Bo Barbara Kirkmeyer, Pro-Tem Sean P. Conway Mike Freeman Minutes, Wednesday, April 18, 2018 Page 5 2018-1187 BC0016 ATTENDANCE FIST NAME - PLEASE PRINT LEGIBLY ADDRESS, CITY, ST, ZIP t, Obit?' EMAIL COUNTY RESIDENCE? OF SPEAKING? 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