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Home My WebLink About20153765.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - PCD ENGINEERING SERVICES, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Professional Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Building and Grounds, and PCD Engineering Services, Inc., commencing upon full execution of signatures, and ending December 31, 2016, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Professional Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and PCD Engineering Services, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of December, A.D., 2015. BOARD OF COUNTY COMMISSIONERS W D COUNTY, CO ORADO ATTEST: ,,�,�! G/iGr v• •�C�,�o'� rbara Kirkmeye , Chair Weld County Clerk to the Board �nw�• ike Freeman, Pro-Tem BY: 1 'mg iLd'a !Z�•uty Clerk to th= Boa •� `.. eas, Se P. Conway APP D AS TO._ M: tql6cy y„ .uIie A. Cozad ou Attorney EXCUSED i f Steve Moreno Date of signature: �t 2015-3765 BG0017 , 1861 DEPARTMENT OF BUILDINGS AND GROUNDS r 'i j �� } PHONE: (970) 304-6531 _-- IFAX: (970) 304-6532 r u`N T Y I,I WEBSITE: www.co.weld.co.us '� 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 October 8, 2015 To: Purchasing From:Toby Taylor Subject: Generator Design Service; Bid#B1500168 As advertised, this bid is to perform design services to enable the installation of a generator at our Dacono Grader Shed, Fort Lupton Grader Shed, and Southwest Service Center. The low bid for the project is PCD Engineering and meets specifications. Therefore, Buildings and Grounds is recommending the bid be awarded to PCD Engineering for $13,920.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2015-3765 II AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & PCD ENGINEERING SERVICES, INC. THIS AGREEMENT is made and entered into this " day of ittizahi.A), 20151 by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150"O" Street, Greeley, Colorado 80631 hereinafter referred to as"County," and PCD Engineering Services, a corporation, who whose address is 323 3rd Avenue, Suite 100, Longmont, CO 80501, hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional 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 Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Proposal Package No. B1500168. The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials,equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B 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 execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibits A and B. 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. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated by either party at any time with notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional 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 Contract Professional 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, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional 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 incomplete at the time of termination shall be marked"DRAFT-INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional 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, Contract Professional'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 Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $13,920.00 which is the bid. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 Contract Professional 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, Contract Professional 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 Contract Professional hereunder and Contract Professional 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. 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 Contract Professional 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 Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection,in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor,to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional,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 Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional 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 Contract Professional 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. Contract Professional 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 financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL."However, Contract Professional is advised that as a public entity,Weld County must comply with the provisions of C.R.S. 24-72-201, et seq.,with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional 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. Contract Professional 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. Standard of Care. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional 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 Contract Professional 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 Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the services 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 and Indemnification. Weld County and the State must be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations,goods or services provided pursuant to this request.Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Should any of the above- described policies by canceled or should any coverage be reduced before the expiration date thereof,the Contract Professional shall send written notice to the Weld County Director of General Services by certified mail,return receipt requested. Such written notice shall be sent within thirty(30)days upon receipt of such cancellation from carrier or reduction unless due to non-payment of premiums for which notice shall be sent ten(10)days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents,representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality,technical accuracy, and quantity of all services provided,the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall,without additional compensation,promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall indemnify and hold harmless County, its officers, and employees, from and against injury, loss damage, or liability of Contract Professional arising out of the work done in fulfillment of the terms of this Contract,to the extent caused by a negligent act, error,or omission, or on account of any claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for injuries or damage received or sustained by any person,persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials,trustees, employees, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain,and maintain at all times during the term of any Agreement,insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury,property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of$1,000,000 for bodily injury per person,$1,000,000 for bodily injury for each accident,and$1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non- owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for claims covering negligent acts, errors and/or omissions, including design errors,if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2)years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator,covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities upon request by the County. 14. Non-Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional 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 Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents,papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. 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. 17. 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. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a)personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es)by written notice to the other. Notification Information: Contract Professional: PCD Engineering Attn.: President, Peter D'Antonio Address: 323 3rd Ave, Suite 100 Address: Longmont, CO 80501 E-mail: peter@pcdengineering.com Facsimile: 303-678-1142 With copy to: Name: Ken Caudle Position: Director of Engineering Address: 323 3rd Ave, Suite 100 Address: Longmont, CO 80501. E-mail: ken@pcdengineering.com Facsimile: 303-678-1142 County: Name: Position: Address: Address: E-mail: Facsimile: 18. Compliance with Law. Contract Professional shall 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. 19. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. 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. 21. 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. 22. Employee Financial Interest/Conflict of Interest—C.R.S. %24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. 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. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. 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. 26. 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. 27. 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, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional 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 Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional 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. Contract Professional 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 Contract Professional 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, Contract Professional 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 Contract Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional 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. 29. Compliance with Davis-Bacon Wage Rates. Contract Professional understands and agrees that, if required the work shall be in compliance with the Davis- Bacon Wage Rates. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, 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. 31. 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. 32. SPECIAL FLOOD PROVISION: The successful bidder agrees that it is a "Subgrantee" as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR- 4145-CO: 14-D4145-011, Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Subgrantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the "Grantee," which are set forth in Sections 12 A and C, 13 B and C, and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. 33. Corporate Protection: It is intended by the parties to this Agreement that the Contract Professional's services in connection with the Project shall not subject the Contract Professional's individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Contract Professional, a Colorado corporation, and not against any of the Consultant's individual employees, officers or directors. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 7 day of 201,J I CONTRACT PROFESSIONAL: By: Date //ll1/4a✓5-- Name: enneth R. Caudle, PE Title: Director of Engineering WELD CO T ATTEST: � � 'tik BOARD OF COUNTY COMMISSIONERS Weld C ty Clerk to the B d WE D COUNTY,COLO O BY: ALrieyer,C it 2015 DEC O APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Contro ler Elected ciaor Department Head APPROVED S TO FORM: 1 litekSt tAltate I 7J b 4�ctor ofreneral Services County Attorney oLo�:J 7/0�� 4 REQUEST FOR BID r 183 WELD COUNTY, COLORADO - 1150 O STREET GREELEY, CO 80631 DATE: AUGUST 25, 2015 0 U N 1 k: BID NUMBER: #B1500168 ; DESCRIPTION: GENERATOR DESIGN SERVICES DEPARTMENT: BUILDINGS & GROUNDS DEPT MANDATORY PRE-BID CONFERENCE DATE: 9/17/15 @ 1:30 PM BID OPENING DATE: 10/1/15 @ 10:00 AM 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"),wishes to purchase the following: GENERATOR DESIGN SERVICES. A mandatory pre-bid conference will be held at 1:30 p.m., on Thurs. September 17, 2015, at the Weld County Southwest Services Bldg., 4209 WCR 241/2 Longmont CO 80504. Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids. Please call purchasing if you have any questions on the location. (970-356-4000 x4223 or x4222) Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: (October 1, 2015 A 10:00 an (Weld County Purchasing Time Clock). PAGES 1 - 9 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-9 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 9. 2. INVITATION TO BID: Weld County requests bids for the above-listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find bid information on the Weld County Purchasing website at http.//www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County— 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g o v . c o m . 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 we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room#107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in 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. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services 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 Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that 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. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. BID REQUEST#B1500168 Page 2 4. SUCCESSFUL BIDDER HIRING PRACTICES- ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder 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). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder 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 Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder 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. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder 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 Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder 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. Successful bidder 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 Successful bidder 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, Successful bidder 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 Successful bidder receives federal or state funds under the contract, Successful bidder 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 Successful bidder 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. 5. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST#61500168 Page 3 D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract, The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. BID REQUEST#61500168 Page 4 .f L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder 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. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non-Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder Such consent may be granted or denied at the sole and absolute discretion of County. BID REQUEST#81500168 Page 5 Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non-Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. I T 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 0 W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request.Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy BID REQUEST#61500168 Page 6 shall contain a valid provision or endorsement stating"Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof,the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten(10)days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. BID REQUEST#B1500168 Page 7 Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Professional Liability(Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $1,000,000 Aggregate $2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional, Contract Professional shall include all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST#B1500168 Page 8 7. SPECIAL FLOOD PROVISION: The successful bidder agrees that it is a "Subgrantee" as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14- D4145-011, Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Subgrantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the "Grantee," which are set forth in Sections 12 A and C, 13 B and C, and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. BID REQUEST#B1500168 Page 9 SPECIFICATIONS AND PROPOSED PRICING: Engineering Design Services - Hazard Mitigation Generator Projects SCOPE OF WORK: This is a request for proposal providing engineering design services for the design of generators installation so a follow-on competitive installation bid can be pursued. The generators will be installed at three locations: 1. Dacono Household Hazardous Waste/Grader Shed building located at 5500 Highway 52, Dacono, CO. This generator will at a minimum be used to power the fuel island, garage doors, tube heater and interior lights. 2 Fort Lupton Grader Shed building located at 7625 Weld County Road 31, Fort Lupton, CO. This generator will at a minimum be used to power the fuel island, garage doors, tube heater and interior lights. 3. Southwest Service Center building located at 4209 Weld County Road 24 'h, Longmont, CO This generator will at a minimum be used to power the large meeting room's outlets, lights, restrooms, and heating system so this area can function as an emergency shelter. Screen wall is required. The facility changes will consist of identifying solutions to allow the incorporation of a generator to meet these needs. The solutions will culminate in preparation of the following: Schematic Design Phase: Preliminary sketches, consultation and review/approval of sketches, preliminary design for building changes. Construction Drawings: Preparation of all construction drawings and bid documents. Electrical Engineered stamp required. Selection of Contractor Construction Phase: Inspection of work progress during construction, meetings with contractor/owner. REQUIREMENTS: Written proposals should include: 1. Identify what is included excluded from submitted proposal. 2. Fees should be quoted in the form total cost with a not to exceed price. 3. Contractor is expected to enter standard form of agreement (attached). BIDDER QUALIFICATIONS: The County must have evidence of the bidder's ability to provide the services described in this Request for Proposal. Bidder must answer questions regarding qualifications specified in the request for proposal during the selection interview. Specific questions that the bidder should include in the written proposal are: 1. Experience with design of a facilities that require electrical and architectural changes. 2. References for projects, especially similar type building changes. 3. Resume of principals and project staff. 4. Background information on firm. BID REQUEST#B1500168 Page 10 ADDITIONAL INSTRUCTIONS/INFORMATION: Anticipated contract award date is October 19, 2015. Based on this date, provide proposed start and completion dates for design services. Identify the not to exceed price of design for each individual building. In addition, provide the total not to exceed price for the project. PRICING DACONO GRADER SHED (NOT TO EXCEED) TOTAL $ FORT LUPTON GRADER SHED (NOT TO EXCEED) TOTAL $ SOUTHWEST SERVICE CENTER (NOT TO EXCEED) TOTAL $ GRAND TOTAL OF PROJECT $ PROPOSED START DATE COMPLETION DATE The undersigned, by his or her signature, hereby acknowledges and represents that: 1 The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request NO. #B1500188. 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal 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, q with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID# PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 10. BID REQUEST#81500168 Page 11 I Below are the answers to questions that occurred during the pre-bid meeting for the Generator Deign Services bid (B1500168)which was held on September 17, 2015. 1. Does this project require Davis-Bacon(prevailing wage) compliance? Answer: At the bid meeting it was indicated this was a requirement. Further review has revealed this is NOT a requirement of the job. 2. At the Southwest building, how many Automatic transfer switches are desired. ? Answer: One 3. At the Fort Lupton Building,do you want the whole building on generator or just a portion? Answer: Entire building. 4. At both grader sheds, what type of fuel do you want the generators to run on? Answer: Diesel 5. At the Southwest building, what type of fuel do you want the generator to run on? Answer: Natural Gas 6. How many site visits are anticipated during the construction phase? Answer: Your bid shall include three site visits per site during the construction phase. Your bid shall also include a fees schedule for additional work if needed. 7. Do you want the scope of the work to also include the UPS in the communications room? Answer: Yes. 8. Should our bid also include mechanical and architectural consultants? Answer: Yes,your bid shall include all the consultants necessary to perform complete design for generator installation which shall include a screen wall and heating system at the South west building. 9. Should we provide a design schedule with our bid? Answer: Yes. Time of completion is a factor. 10. Should the generator equipment comply with the Buy American Act? Answer: Yes. Response To: Request for Proposal For Engineering Services - Generator Design Services lilt ahlt, zi 411 L I'q Submitted To: ,=1111 Weld County, CO ;� 1 1150 O Street i � P__11 Room 107 • Greeley, Colorado 80631 Submitted By: PCD Engineering 323 3rd Avenue, Suite 100 Longmont, Colorado 80501 (303) 678-1108 fir MR pcdengineering.com a October 1, 2015 ADDITIONAL INSTRUCTIONS/INFORMATION: Anticipated contract award date is October 19, 2015. Based on this date, provide proposed start and completion dates for design services. Identify the not to exceed price of design for each individual building. In addition, provide the total not to exceed price for the project. PRICING DACONO GRADER SHED(NOT TO EXCEED)TOTAL $ 1.2-O S.Uc FORT LUPTON GRADER SHED (NOT TO EXCEED)TOTAL $ /2v 5' c'e-' SOUTHWEST SERVICE CENTER(NOT TO EXCEED)TOTAL $ 5,-51 O , fo GRAND TOTAL OF PROJECT $ ( 31 9 - PROPOSED START DATE O c.�-- Z� 2v+ COMPLETION DATE ID c.C, y z 5' The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request NO.#81500168. 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal 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. 5. Weld County reserves the right to reject any and all bids,to waive any informality in the bids,and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County.The bid(s)may be awarded to more than one vendor. FIRM �� 1�GlIJ�� IF.tc BUSINESS ADDRESS 32 ? D 'd 1\N re.- So tTE. DC) CITY, STATE, ZIP CODE Lot-1G,MOAT / C -C) 605 0 I TELEPHONE NO ) 6'78- ItOb FAX 9A .j' TAXID# E“/-1G2-1(, --O PRINTED PRINTED NAME AND TITLE IC t-t c/,.%)of - 19.-C---.•c/ro To 9 a f r=ti1G/t-fc Ez_uiy SIGNATURE V-.2 (C� - E-MAIL 14,e- l'CAD c hlG--,ix/ . C-o yy\ DATE 1O I ` I C **THE SUCCESSFUL BIDDER SHGeneraALL PROVIDE A W-9 IF NOT ALREADY QN FILE' WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -10. BID REQUEST#81500168 Page 11 Request for Proposal—Generator Design Services#81500168 Page 2 - 7L i En. PCD October 1, 2015 ENGINEERING SERVICES Weld County Purchasing Department Weld County Admin Building 1150 O Street Room 107 Greeley, Colorado 80631 Re: Request for Proposal—Generator Design Services#61500168 Members of the Evaluation Team, PCD Engineering's core business is mechanical/electrical engineering for municipalities. We are a leading, local firm whose team has a passion for this type of project and will work hard to collaborate with you to best meet your needs. Our team is committed to completing the work outlined in your RFP and bringing the most value to this project. Based on the type of needs communicated in the RFP,this project is best led by an experienced engineering firm with a solid, proven design record in generator and emergency power systems. PCD Engineering has that experience and we have served as lead consultant on many emergency power projects throughout our history. Our professional services include the emergency generator power design as specified in the RFP and subsequent addendums. The specific loads listed within the RFP are covered under this submitted proposal. Additional loads and/or connections are not covered under this proposal and are exempted. PCD has worked on many emergency power projects and developed a comprehensive approach which is flexible to meet your needs. We also have experience with many municipalities throughout Colorado and Wyoming. Through our past work we have developed an understanding of the process and relationships with the local building departments, resulting in streamlined reviews. We believe the depth of our experience as project managers and designers will add value to your implementation efforts. We will work on your behalf to provide a modern emergency generator system at each building to safeguard the personnel when called upon. 4 The business principals who will be working on this project will be Peter D'Antonio,the Principal-In- Charge for PCD and Ken Caudle,the Director of Engineering for PCD, Peter is a mechanical/electrical engineer with more than 22 years of experience in the building industry. Ken is an electrical engineer with 27 years of experience. Ken has provided design services for more than 100 building and facilities with generator backup. The primary goal for this project will be to provide emergency generator power for the three facilities. The project design will begin with site surveys of the facilities and an analysis of the existing power PCD Engineering Services,Inc. www.pcdengineering.com Request for Proposal—Generator Design Services#B1500168 Page 3 systems at the facilities. A complete understanding of the power systems for the buildings will allow the best implementation of the emergency power systems. The primary contact for this project will be myself, Ken Caudle. Throughout my almost 30 year career in engineering, I have worked for several municipalities, mainly Fire Stations,Police Stations, EMS and 911 Call Centers. Along with municipal projects, I have an extensive portfolio of work for the Department of Defense,the Navy,the Army,the FBI,GSA, NIH and the District of Columbia. Regards, /fir Catdna, PE Ken Caudle,PE, RCDD,LEEDAP—Director of Engineering—email:ken@pcdengineering.com (970)644-0606 Design Schedule Contract Award Date October 19, 2015 Anticipated Contract and NTP Date October 22, 2015 Design Start Date October 26, 2015 Submission of Schematic Design November 2, 2015 County Review Completion Date November 16, 2015 Submission of CDs for Review November 23, 2015 County Review Completion Date November 30, 2015 Submission of Final Documents December 4, 2015 PCD Engineering Services,Inc. www.pcdengineering.com Request for Proposal—GenPageerator4 Design Services#B 1500168 Table of Contents Design Schedule 3 6 Experience and Qualifications 1. Point of Contact/Design Team: 6 2. Team Experience- 6 3. Firm Organization Structure and Responsibilities: 6 4. Ability and Approach to Organize and Meet Schedules: 6 5. Projects of Similar Size and Scope 10 6. Sample Insurance Coverage and Limits. 15 7. Resumes of Key Personnel 16 pc sr - , -,' ENGINEERING 7 Integrated C -, PCD Engineering Services,Inc. www.pcdengineering.com Request for Proposal—Generator Design Services#B1500168 Page 5 PCD ENGINEERING PCD Engineering Services, Inc. is a leading provider of Focus Emergency Power System/Electrical/Mechanical/Fire Protection • Power System Design, Engineering, Facility Analysis, Facility Commissioning and Mechanical and Plumbing Sustainability Consulting. • Facility Analysis PCD Engineering was established in the year 1999 with • Building Commissioning headquarters located in Longmont, Colorado and additional • High Performance Green offices in Cheyenne, WY and Roanoke, VA. Our staff has hands- Buildings on field experience and specialized capabilities in emergency power systems, security, life safety, low voltage, MEP system design and installation, building energy analysis and lighting Dedication design, commissioning, and monitoring and verification of • On-Time Delivery building energy performance. • Quality Assurance We understand that regardless of the size of a project, resources • Design To Budget are precious and limited. Every dollar spent must be utilized to • Durability of Systems provide the maximum benefit to the facility users. PCD • Maintenance Friendly Engineering's approach is rooted in a facilities management Designs mindset and philosophy of a participatory approach that • Excellence & Innovation maximizes the input and involvement of the representatives from • Customer Satisfaction each Owner group. Through our vast municipal and educational experience, we have become experts at integrating technical plans with effective facility operations and maintenance. PCD Engineering's delivery process returns maximum value through addressing operational and comfort problems, increasing building efficiency, reducing installation cost, and providing a quality assurance process that f # focuses on achieving peak building performance, proper O&M • , documentation and training, and durability of systems. PCD is a certified small business enterprise. Municipal/Educational Project Highlights PCD has contributed to the planning, design and construction of numerous municipal educational facilities. In Colorado, our work has garnered numerous energy- eoosor" efficiency and design awards from the AIA Colorado and Rocky Mountain News. One school district project, Ignacio School District, was a given several awards including: • 2014 Summit Merit Award, CEFPI Rocky Mountain Chapter • 2014 Merit Award for Built Architecture, AIA Colorado Chapter • 2014 Honor Award for Built Architecture,AIA Colorado South Chapter • 2013 Peak Merit Award, for New Construction, CEFPI Rocky Mountain Chapter PCD Engineering Services,Inc. www.pcdengineering.com Request for Proposal—Generator Design Services#81500168 Page 6 Experience and Qualifications 1. Point of Contact/Design Team: The main point of contact and team leader for PCD Engineering with be Ken Caudle, PE. Peter D'Antonio, PE will be the Principal-In-Charge. Bill Fan/na will be the mechanical and plumbing engineer. Katherine Ligon, RA, will be the architect in charge of detailing any physical construction of the screen walls. Walter Shoup will provide design and drafting support. 2. Team Experience: Our design team consists of seasoned engineers and designers. The design for this project will be handled in house and will not require outside consultants. Our electrical designers and engineers have many decades of emergency power system design experience and will provide all electrical power design to implement a complete and operational system. As indicated, Ken Caudle will be the project lead and head designer. Ken is a seasoned engineer who started his engineering career in the 1980's and has designed numerous generator systems for schools, banks, data centers, jails, government facilities, public safety buildings and military bases. As well as being a professional engineer, Ken is also a Registered Communications Distribution Designer, RCDD, certified in low voltage system design. Peter D'Antonio will be the Principal-In- Charge and assist with contract preparation and project documentation. The mechanical and plumbing engineer in charge of fuel piping will be Bill Faryna. Our architect, Katherine Ligon, will provide all necessary design and details for additional physical construction, such as screen walls. Katherine has been working in architecture for 20 years with significant experience in education, bank, data center and municipal projects. Walter Shoup, a recent graduate of CU Boulder, will provide drafting and design support, Complete resumes of key personnel are attached. 3. Firm Organization Structure and Responsibilities: PCD is structured so that each project has a team of professionals provide design, support and quality control. The Principal-In-Charge, Peter D'Antonio, will oversee the contractual procedures and County required documentation as well as provide quality control reviews. Ken Caudle will be the Project Manager and point of contact. Ken will manage the design team and be the lead designer for the emergency power systems. Katherine Ligon will provide architectural support for any physical construction to be implemented. Walter Shoup will provide design and drafting support for the team. PCD has additional designers and engineers that may be called upon for support during design. 4. Ability and Approach to Organize and Meet Schedules: As a team of experienced designers and engineers we are all well aware of our duties and responsibilities in meeting deadlines and schedules. We have weekly scheduling meetings to determine the allocation of our design force and reallocate as necessary to ensure all deadlines are met and provided with a quality product. PCD delivers a partnership that is: • Honest and Open— PCD believes in long-term partnerships. It is what has propelled us to become one of the fastest growing companies in the region, fueled primarily by repeat PCD Engineering Services,Inc. www.pcdengineering.com ..a Request for Proposal—Generator Design Services#B1500168 Page 7 business. We ask tough question and give honest answers. We are open and respectful in our interaction with the team. • Collaborative-We will meet early on to understand your needs and meet throughout the process to verify these needs are being met. • Transparent—All our work will be readily available to view over the web, all team members will have up-to date access to deliverables. • Advocating for Your Needs-We consider our services an extension of owner representation representing your needs. We will bring our resources to bear for the benefit of the project. We approach all projects with same philosophy: Provide the client with the best design to meet their needs within the budget provided. PCD will utilize the latest software to complete and verify the security system design to ensure the system functions properly and is usable to the staff. All options will include opinions of probable cost for consideration and the pros and cons of each system. Data Gathering Methods Used /Project Scoping PCD Engineering Services will meet with facility personnel to discuss the project goals and constraints. From this will we prepare and action plan and schedules to guide us through the project. We conduct on-site walk-throughs of the facility systems and interview key facility personnel and building occupants to discuss their technical and financial, operational, and maintenance needs. During this time, existing facility construction plans and specifications will be obtained, equipment name plate data recorded, and digital site and equipment pictures taken. Human behavior patterns will be documented. Based on the vast knowledge at PCD Engineering Services, a list of potential project equipment approaches, and their associated construction costs and savings estimate will be developed. We provide opportunities for client review throughout the project development process. PCD Engineering Services will evaluate cost of ownership, productivity detriments, and learning environment detriments associated with existing equipment and recommendations. PCD Engineering Services will also consider other changes in the facility that may affect HVAC or electrical equipment or facility operation. Engineering Design PCD Engineering Services believes in working closely with the Owner, Contractors and Building Department throughout all phases our projects. Using this approach, we are able to manage the process from project planning through construction, system startup, testing and commissioning. Engineering is what we do, and our objectiveness prevents conflicts between cost and quality. Our designs bring costs to the lowest level that balances desired project goals. We are very good at determining this balance for each client. We strive to exceed the expectations of clients and bring innovation to our projects. Our basic approach includes: • Listen to you and understand your needs. • Field-verify existing conditions and understand related systems. • Provide practical and appropriate alternative solutions. • Agree on solutions and implement them into the design. • Keep the Client informed. • Reduce the Client's risk through our engineering experience, attention to detail, and advance planning. • Communicate initial information to any other consultants & contractors proactively. • Maintain an open dialog with the building department and other public entities during the design and construction. PCD Engineering Services,Inc. www.pcdenginccring.com I Request for Proposal—Generator Design Services#B1500168 Page 8 • Work with contractor to identify the budget and reconcile the program scope at each project phase. • Work with the Client and contractor to commission systems. • Deliver engineering designs which are: • Safe • Cost effective • Constructable • Maintainable • Practical and appropriate • Integrated with the vision of the project team, architecture, structure and other building systems • Optimized for future flexibility and capacity Specifications PCD Engineering Services subscribes to MASTERSPEC which is produced by the American Institute of Architects and updated quarterly by design professionals in the construction industry. In addition, we have a library of available construction and performance specifications from equipment manufacturers and agencies, and have developed our own set of in-house specifications developed for equipment retrofits projects. PCD Engineering Services will produce project specification packages for implementation in accordance with the requirements set forth by you. PCD Engineering Services is currently utilizing REVIT/AutoCAD for drafting software. This software package is compatible with previous versions of AutoCAD and allows easy conversion for our clients and project team. Our CADD capabilities are valuable tool to assist in the preparation of project specifications as they help to graphically communicate the project's objectives and show locations of existing and proposed equipment. Construction Administration Services PCD Engineering Services provides the following services to help insure building systems are installed on-budget and on-schedule, function as intended, and that the owner receives proper training and ongoing operational benefit from the systems: • Program Management • Project Management • Construction Administration including Review of Shop Submittals • Site Observation • Owner/Operator Training • Facility Start-Up, Functional Testing, Troubleshooting and Commissioning • Preventive Maintenance Programming Our approach on all our past projects has been based on meeting the project needs, but in general for our past projects has including the following: • Review of shop drawings and submittals • Answer contractor field questions /requests for information • Review of construction meeting minutes. • One or two Construction Observation visits during construction. A report listing observed deficiencies is provided for each visit. • Provide as-built drawing set based on contractor mark-ups of bid document set. PCD Engineering Services,Inc. www.pedengineering.com Request for Proposal—Generator Design Services#B1500168 Page 9 We will work with you to identify your construction administration needs and develop a plan and scope of services to fit those needs. Cost Control Methodology Maintaining Probable Costs Within Budget Our team will compile project cost estimates implemented using a combination of proprietary planning/cost estimating and project budget control worksheets, industry-standard RS Means project estimating software, vendors and installing contractor bids, and past project experience. As part of our cost estimating, we evaluate and incorporate constructability, safety, and building codes and standards. Depending on the level of costing accuracy required, PCD Engineering Services may solicit equipment and installation quotes from vendors and installation subcontractors. We consider the local economic conditions, the difficulty of the work, and project constraints and apply the appropriate factors for the work. When the estimate is complete we put ourselves in the contractors' shoes and ask "If we were the contractor, could we install the system for that price?" Controlling Consultant Contract Costs - Focus and Follow Through Consultant costs are controlled by working with the owner to develop or review the owner requirements for the project up front prior to provided pricing. Then we operate under a firm fixed price or not-to-exceed as warranted for the project. Project cost will not change unless scope were to change significantly. Clear owner defined requirements and the A/E Basis of Design documents are key to a project's success. PCD Engineering works with the team to help craft concise documents that will serve the project from the design phase into operational phase. Defining realistic goals and sticking to those goals are critical to a high performance system. Value Engineering Projects can be derailed by the value engineering cost reduction process. To minimize the potential damage of value engineering, PCD acts as an active participant, advising the team on the impacts of cost reduction decisions on the sustainability, energy efficiency and operations and maintenance of the facility and original owner's project requirements. The thoughtful process will insure solutions are provided that maximize the cost-effectiveness of the decisions for the long-term and protect the energy and environmental goals of the project. Quality Control Methodology Our quality control process starts with a thorough understanding of the city forms and procedures. Our quality control process involves the following: • Principal oversight and involvement • We discuss and resolve issues with a team approach • We utilize procedures and forms based on industry accepted standards and refined through a lifetime of projects All of these items size to provide expert quality control of both our and other team members efforts.. Our project management process provides the following added value: • Practical, cross-discipline and educated input to the team • Simplifies and creates higher-quality reviews and testing • Enhances effective written and verbal communication PCD Engineering Services,Inc. www.pcdengineering.com Request for Proposal—Generator Design Services#B1500168 Page 10 • Reduces overall effort and improves execution on tasks • Reduces field changes and keeps construction costs in check • Mitigates risk for the County and all project team members PCD's quality management procedures are carried utilizing the following major items: • Procedural Forms and Checklists • Codes and Standards Library • CADD Details and MasterSpec Specifications Library • Reference Material Library • Code Compliance Checking and Design Conflicts/Omissions Software • Hardware and Monitoring Equipment 5. Projects of Similar Size and Scope The engineers at PCD have completed numerous emergency power systems throughout the United States. Project Name: City of Longmont Fire Stations Owner Name: City of Longmont Location: Longmont, CO Contact Person: Scott Snyder, Division Chief (303) 651-8437, scott.snyder@ci.longmont.co.us Services Provided: Electrical Design Emergency Generators, City of Longmont Fire Department, Longmont, CO PCD Engineering designed generator sets for several of the • City's existing fire stations to provide enhanced emergency response to the city. The generator sets range in size up to 75 kVA Standby power. Generators provided backup to critical facility loads. PCD provided engineering design and 4' construction administration services for these public safety " facilities. Project Name: City of Boulder. Fleet Service Center, CO Generator Upgrades/Retrofit Owner Name: City of Boulder Cost/Delivery/Duration:$75,000, Design/Bid/Build, A 6 months { _ . Site Address: Boulder, CO Contact Person: Glenn Magee, Design and Const. Manager 303-441-4202 ' ` Services Provided: Electrical Design — -= • Size of Project: N/A =• - ; Completion Date: 2015 PCD Engineering Services,Inc. www.pcdengineering.com Request for Proposal—Generator Design Services#131500168 Page I 1 City of Boulder, CO - Fleet Service Center Fleet Services manages the equipment operations =" and equipment replacement funds, coordinates all fleet acquisitions, repairs equipment or manages outside vendor support, and supports radio P acquisition/maintenance for the city. PCD's providing _ engineering design for a generator replacement project funded by FEMA. The existing 125kV � generator is replaced with a 175kW generator and distribution wiring was upgraded in the process. PCD was contracted to provide a facility load analysis, engineering design and construction administration services. Project Name: Readiness Center, Windsor, CO Generator Upgrades/PV Interconnect Owner Name: Colorado Department of Military and Veteran's Affairs Cost/Delivery/Duration:$200,000, Design/Bid/Build, 18 months Site Address: Windsor, CO Contact Person: Howard Williams—COARNG, Project Manager 720-250-1295 Services Provided: Electrical Design Size of Project: N/A Completion Date: 2015 COARNG Readiness Center—Winsor, CO The project involves the design of parallel operation between the existing photovoltaic (PV) system and diesel generator for resiliency and to mitigate fuel consumption. The emergency power load management system allows the emergency generator to operate in idle while the PV system produces power on a sunny day during a loss of grid power, and 1._ 6 # I generator to operate during periods that the PV system cannot produce adequate amounts of power. The generator can operate either independently to supply the load or in parallel with the PV system when PV is producing enough power. PCD was contracted to provide an investigative study, load simulation and modeling, engineering design and full construction administration services. Project Name: Fire Rescue Training Complex Gas-Fired Generator Owner Name: City of Louisville, Colorado Cost/Delivery/Duration:$2.5 Million Design/Bid/Build, 18 months Site Address: Louisville, CO Contact Person: Kyle Callahan, (303) 545-2007 Services Provided: MEP Engineering Services + Construction Administration II PCD Engineering Services,Inc. www.pcdengineering.com I Request for Proposal—Generator Design Services#B1500168 Page 12 Size of Project: 25,000 square feet of new construction � - Completion Date: 2014 • Fire Rescue Training Complex J ,I Built in 2014, the Louisville Fire-Rescue training complex is comprised of a 2-acre drill ground with a 22400 sq. ft., 2-story fire station, a burn building and a support pavilion. The burn building also includes a smoke generator, movable walls, sprinkler props and a rescue maze. The training complex also has an 800 sq. ft. support pavilion that serve as a drill ground classroom with dedicated bathrooms, SCBA storage, S "r' and personnel rehab equipment. y^ PCD provided mechanical, electrical and plumbing design engineering services and construction administration services. The project included installation of a 30kW. gas-fired generator set serving the facility's critical loads. Project Name: Hanna Elementary School Owner Name: Carbon County School District No. 2 Site Address: 300 2nd Street, Hanna, WY 82327 Contact Person: Larry Hepner, Facility Manager, 307-326-5271, Ihepner@crb2.k12wy.us Services Provided: Commissioning Services Size of Project: 27,449 SF- New Elementary School & Existing Gym Completion Date: October 2014 Hanna Elementary School The new elementary school has _ 4 been designed to be used as a community center as well as a f,r x - cutting edge academic facility. The gymnasium/stage/cafeteria �'' � � � - • - area can be accessed from the — -. side doors and the rest of the ;-; school kept locked off if desired. i...f The school is designated by k= - . ... 5'., ,..vo � :i."1,Y4. Homeland Security as a community shelter in case of a disaster. PCD Engineering provided commissioning and Tier 1 training of the building mechanical, electrical, plumbing, fire alarm, audio/communication, and emergency power systems. The systems commissioned included: PCD Engineering Services,Inc. www.pedengineering.com Request for Proposal—Generator Design Services#B1500168 Page 13 • Emergency Generator&ATS Transfer • Fire Alarm/ Life Safety Systems • Emergency Power and Lighting • Classroom Sound Reinforcement Systems • Public Address System • Access Control System • Video Surveillance System Additional Project References: Ken Newell—SCNA 704-865-6311 Numerous Fire, EMS, Police and E911 Facilities Miles La Hue—Idiam 303-442-3986 Four Mile Fire Station PCD Engineering Services,Inc. www.pcdengineering.com Request for Proposal—Generator Design Services#B1500168 Page 14 Additional Emergency Power System Designs: Office of Unified Communications, E0C Generator z and Switchgear Replacement, Washington, DC The scope involved replacing two natural gas and one diesel generators, utility switchgear and generator 1 switchgear. The existing utility switchgear was a dual- feed, source select switchgear with PLC controls which -4,- would 100% step load each utility main upon transfer, The existing generator switchgear as a - paralleling type gear that would synch the generators after a start signal was initiated by one of three transfer switches The new design provided a true main-tie-main utility switchgear and controls which split the load evenly between the two services, so that in the event one utility service failed, the tie breaker would close and maintain power to the entire building from the second service with only a 50% step load. The new paralleling generator switchgear connected the two new natural gas generators and updated the generator controls from the three individual automatic transfer switches to the paralleling gear The generators were sized so that either of the two new generators could support the entire building load. A portable generator connection cabinet was also provided and connected to the paralleling switchgear so that both permanent generators could be taken off line if necessary. The Office of Unified Communications (OUC) provides critical public safety services to the Nation's Capital. Energetics Lab, Naval Support Facility, Indian Head, MD The Energetics Lab consisted of three floors of electronics W labs, office and support spaces for The Navy. The facility was provided with an emergency generator and two automatic transfer switches. The primary ATS was connected to all life safety systems. The secondary ATS v i was connected to all other building loads. The control scheme allowed for starting and transferring to the primary ATS, with transfer to the secondary ATS after a short delay. If a power condition occurred during transfer to the secondary ATS, the secondary ATS would open and allow the primary ATS to maintain the life safety systems. Cannon Mills Data Center, Kannapolis, NC _. The facility housed the data center for the Fieldcrest-Cannon /Pillowtex Company. The data center power distribution system consisted of paralleled generators with utility synchronization and load shedding capabilities. Emergency Services Center, Fort Detrick, MD "" The Emergency Services Center was a 42,000 square foot facility `, r housing both the Fire Department and the Provost Marshall's office. The entire facility was backed up by an emergency ' generator, including a large UPS system for the emergency communications systems. PCD Engineering Services,Inc. www-pcdengineering.com I Request for Proposal—Generator Design Services 431500168Page 15 6. Sample Insurance Coverage and Limits: Our insurance coverage is as follows and meets the requirement of the County's contract: WORKERS COMPENSATION COMMERCIAL GENERAL LIABILITY INSURANCE (CGL) General Aggregate $2,000,000 Products—Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury $1,000,000 AUTOMOBILE LIABILITY INSURANCE Combined Bodily Injury and Property Damage Liability (Combined Single Limit). $1,000,000 each accident PROFESSIONAL ERRORS AND OMISSIONS LIABILITY Per Loss Limit $1,000,000 Aggregate Limit $2,000,000 I I I PCD Engineering Services,Inc. www.pcdengineering.com I Request for Proposal—Generator Design Services#81500168 Page 16 7. Resumes of Key Personnel Peter D'Antonio, PE, LEEDAP, CEM Principal-In-Charge f EDUCATION 1 M,S. University of Colorado, Boulder, CO 1993 B.S. University of Maryland, College Park, MD 1991 REGISTRATIONS&CERTIFICATIONS'l Professional Engineer(PE) -CO, WY, MT, TX, CA, Valid NCEES National Engineering Record NC Certified Energy Manager(CEM) LEED Accredited Professional (LEED AP) PROFESSIONAL ASSOCIATIONS AND ACTIVITIES • City of Longmont, Member-Master Board of Appeals • Association of Energy Engineers (AEE)—Board of Directors; Membership Committee Chair • US Green Building Council (USGBC) Board of Directors;Advocacy Chair, Colorado • American Society of Heating, Refrigeration, and Air Conditioning Engineers(ASHRAE)—Technical Committee TC7.6 member • Editorial Advisory Board—Consulting-Specifying Engineer Magazine • Editorial Advisory Board—Heating, Piping, Air Conditioning Magazine • The Integrative Graduate Education and Research Traineeship(IGERT) program—Board Member CONFERENCE PRESENTATIONS(NATIONAUREGIONAL PARTIAL LIST)1 Years Conference Topics 2013 ASHRAE Annual Technical Conference Utilizing BAS for Monitoring/Verification 2012 Green Schools Summit Silverton School LEED Gold 2012 Advanced Facilities Management Conference Progressive Lighting System Design 2012 ASHRAE Annual Conference Leading Edge HVAC Systems 2011 Society of Military Engineers Achieving Net-Zero Energy Buildings 2011 USGBC Rocky Mountain Green DHA's Block 5B LEED Platinum 2010 EcoBuild America Building Tune Ups 2007, 2012 National Conference on Building Commissioning Cost-Effective Recommissioning 2004, 2005 Colorado Association of School Business Officials Energy Management Strategies EXPERIENCE I EUA Cogenex(Highland Energy Group), Boulder, CO 1993-2000 Dewberry and Davis,Annapolis, MD 1989 RELEVANT PROJECTS Four Mile Fire Station, Boulder, CO Longmont Fire Station, Longmont, CO Silverton School, Silverton, CO Ignacio High School, Ignacio, CO Ignacio Middle School, Ignacio, CO Moffat PK-12, Moffat, CO Elbert School District PK-12, Elbert, CO Rocky Mountain Deaf School, Littleton, CO Sanford School District, Sanford, CO PCD Engineering Services.Inc. www.pcdengineering.com Request for Proposal—Generator Design Services#B1500168 Page 17 Ken Caudle, PE, LEED AP, RCDD Director of Engineering Ken has 25 years' experience as an electrical and communications engineer. He leads electrical, lighting, communications, fire alarm annunciation and detection services for a variety of PCD's clients in the institutional, government and private sectors. He is a emergency power system specialist. His responsibilities include expert technical plan/specification development, peer review and quality assurance field testing. Ken leads forensic investigations, condition surveys,field performance testing,technical report preparation and provided overall quality assurance. He is a certified Communications Distribution Designer(RCCD)and Professional Electrical Engineer. 'EDUCATION 1 B.S. in Electrical Engineering Technology 1991 University of North Carolina at Charlotte REGISTRATIONS 1 Professional Engineer(PE)—CO, NC,VA, MD 1999—15t Registration Registered Communication Distribution Designer(RCDD) 2003 LEED AP BD+C 2004 'PROFESSIONAL AFFILIATIONS:1 Building Industry Consulting Services Inc. (BICSI) Society of Professional Engineers US Green Building Council EXPERIENCE Electrical Department Head/Manager,Alphatec, PC,Washington, DC Electrical Engineer II, HSMM, Washington, DC Electrical Engineer, Optima Engineering, Charlotte, NC Electrical Designer, KM Armstrong Associates, Charlotte, NC Controls Designer, Combs and Associates, Charlotte, NC Controls Designer, Honeywell, Inc, Charlotte, NC {EXPERTISE 1 Security,Access Control and CCTV Systems Medium and low voltage power distribution Interior and exterior lighting Building and outside plant communications Fire alarm and control systems Project coordination Cost Estimating Field surveys/testing and construction administration Emergency power systems Single point of failure studies and reports Forensic electrical analysis Data centers {RELEVANT PROJECTS(PARTIAL LIST): Hanna Elementary School, Saratoga, WY National Institutes of Health Poolesville Campus—Emergency Generators (12 separate systems) Fire/Police/EMS/E911 —More than 75 facilities with generators Four Mile Fire Station, Boulder, CO GMAC Data Center Generator, Winston Salem, NC Peak 10 Data Centers, Charlotte, NC, Jacksonville, FL, Memphis, TN, Birmingham,AL Lowe's Home Improvement Data Center,Wilkesboro, NC PCD Engineering Services,Inc. www.pcdengineering.com Ft Request for Proposal—Generator Design Services#B1500168 Page 18 Bill Faryna Senior Engineer Bill has 25 years' experience as a senior mechanical engineer and commissioning authority. His large portfolio of work includes extensive experience as design, construction and cost estimating engineer. He provides quality control to project deliverables within the firm. Bill specializes in mechanical, plumbing and fire system design as well as the proper application and field inspection of such systems. Bill ability to listen to clients' needs and put together a functional design to meet the needs of the project is an asset to projects. 'ACADEMIA I University of Nevada, Reno 1985 Bachelor of Science, Mechanical Engineering REGISTRATIONS&CERTIFICATIONS Nevada Registered Engineer-In-Training /EXPERIENCE 1 MKK Consulting Engineers, Greenwood Village, CO 2009-2010 Abrahamson Engineering, LaPorte, CO 1991 -2009 AE Associates, Inc., Las Vegas, NV and Greeley, CO 1988 - 1991 MBA Consulting Engineers, Reno, NV and Las Vegas, NV 1987 - 1988 RELEVANT PROJECTS(PARTIAL LIST): City of Brighton, New City Hall, Brighton, CO City of Louisville, Fire Training Complex, Louisville, CO Larimer County Public Works Loveland Shop Addition, Loveland, Colorado Larimer County Public Works Waverly Shop Addition, Waverly, Colorado Hanna Elementary School, Saratoga, WY Salud Medical Clinic, Longmont, Co Salud Medical Clinic, Fort Lupton, Co Salud Medical Clinic, Fort Collins, Co Salud Medical Clinic, Brighton, Co Salud Women's Clinic, Brighton, Co Salud Medical Clinic, Sterling, Co Hach Company Expansion, Loveland, CO PCD Engineering Services,Inc. www.pcdengineering.com Request for Proposal—Generator Design Services#B 1500168 Page 19 Katherine Ligon, RA, LEED AP Architect Katherine has 20 years'experience in architecture. She has worked for private consulting firms as well a university systems throughout her career. Her focus on planning and Air attention to detail has set her apart from many of her peers. Higher education has been a pertinent part of her design career and led her to become the Senior Planner and Campus tirwac Architect for George Washington University where she was able to work on a number of the campus' varied projects. f'EDUCATION I North Carolina State University 2000 Bachelor of Science,Architecture REGISTRATIONS&CERTIFICATIONS Registered Architect(RA) LEED AP BD+C EXPERIENCE George Washington University, Washington, DC Allex Jordan, Washington, DC GreenShape, Washington, DC Chatelain Architects, Washington, DC Walter Robbs Callahan and Pierce Architects,Winston Salem, NC RELEVANT PROJECTS George Washington University, Design Guidelines, Washington, DC George Washington University, Square 80, Washington, DC George Washington University, Multiple Planning and Design Projects, Washington, DC University of NC at Greensboro, Elliott Center, Greensboro, NC University of NC at Greensboro, Café, Greensboro, NC Winston Salem State University, Atkins House Relocation and Renovation, Winston Salem, NC Wachovia Bank Office and Data Center, Winston Salem, NC Forsyth County Landfill Office Building,Winston Salem, NC Fourth Street Improvements, Winston Salem, NC University of NC Chapel Hill, Parking Deck, Chapel Hill, NC Wake Forest University, Soccer Stadium, Winston Salem, NC Wake Forest University, Field House, Winston Salem, NC Appalachian State University,Appalachian State Bookstore, Boone, NC Appalachian State University, Solarium, Boone, NC PCD Engineering Services,Inc. www.pcdengi neering.com Client#: 1084952 PCDENG DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 12/03/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Colorado, LLC Prof Liab PHONE 800 873-8500 FAX E#): (A/C,No): P.O. Box 7050 E-MAIL ADDRESS: Englewood,CO 80155 INSURER(S)AFFORDING COVERAGE NAIC# 800 873-8500 INSURER A Hartford Underwriters Insurance 30104 INSURED INSURER B:Hartford Ins Co of the Midwest 37478 PCD Engineering Services, Inc. INSURER C:Travelers Casualty and Surety C 19038 323 3rd Ave., Ste. 100 INSURER D: Longmont,CO 80501 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY X X 34SBWVR5429 06/29/2015 06/29/2016 EACH OCCURRENCE $1,000,000 PREMISES(X COMMERCIAL GENERAL LIABILITY Ea occur°nce) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X J�C7 LOC $ A AUTOMOBILE LIABILITY X X 34SBWVR5429 06/29/2015 06/29/2016 COMaacBcident)INED SINGLE LIMIT $1,000,000 (E ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED Perr accidentOPERTY) $ AUTOS A X UMBRELLA LIAB X OCCUR X X 34SBWVR5429 06/29/2015 06/29/2016 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$10000 $ B WORKERS COMPENSATION X 34WEGIN3987 06/29/2015 06/29/2016 X I TwsTT -TS I IERH AND EMPLOYERS'LIABILITY ORY LIMI Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? Y N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional 105959890 06/29/2015 06/29/2016 $1,000,000 per claim Liability $2,000,000 annl aggr. Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insured and Waiver of Subrogation Entity:Weld County 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 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Weld County Department of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Buildings&Grounds Weld County ACCORDANCE WITH THE POLICY PROVISIONS. Veterans Services Attn:Toby Taylor, Director AUTHORIZED REPRESENTATIVE 1105 H Street,P.O. Box 758 I Greeley.CO 80632 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S16772603/M15780746 SYNZP DESCRIPTIONS (Continued from Page 1) 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. The General Liability,Automobile Liability, 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. *Workers Compensation* Executive Officer Exclusion: Peter D'Antonio SAGITTA 25.3(2010/05) 2 of 2 #S16772603/M15780746 Hello