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Home My WebLink About20253546 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND MARKLEY DESIGN LLC THIS AGREEMENT is made and entered into this n t day of Jct j, , 202:. by and between the Board of Weld County Commissioners, on behalf V Facilities Department, hereinafter referred to as "County," and Markley Design LLC, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) or Request for Proposal (RFP) as set forth in Bid Package No. B2500139. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this e,011W4-Nt-nd-CA- CC : Ohbase (50 2UZ5-, 54(0 I/z /z u z�/Z(.0 Be) 00z 1 Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties, and this Agreement shall be modified 2 accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ 106,450 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement Any provisions in this Contract that may appear to give the County the right to direct contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 3 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records, and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non-confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, 4 Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A-VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when 5 such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance- Occurrence Form Policy shall include bodily injury, property damage, liability assumed under an Insured Contract. The policy shall be endorsed to include the following additional insured language: "Weld County, its subsidiary, parent, elected officials, employees, associated and/or affiliated entities, successors, or assigns, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: General Aggregate $ 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Such policy shall maintain Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. 6 Minimum Limits: Per Loss $ 1 ,000,000 Aggregate $ 2,000,000 14. Proof of Insurance. Upon County's request, Contractor shall provide to County, for examination, a policy, endorsement, or other proof of insurance as determined in County's sole discretion. Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the Certificate of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, "Weld County, its successors or assigns; its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds" with respect to liability arising out of the activities performed by or on behalf of the Contractor". On insurance policies where Weld County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the Certificate of Insurance. The County reserves the right to require complete, certified copies of all insurance policies required by this Agreement at any time, and such shall also be deemed confidential. 7 Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 15. Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non- renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 16. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. 8 Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 17. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 18. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 19. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 20. Indemnity. The Contractor shall indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against any and all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs, (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused in whole or in part by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of award of this contract, the Contractor agrees to 9 waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. A failure of Contractor to comply with these indemnification provisions shall result in County's right but not the obligation to terminate this Agreement or to pursue any other lawful remedy. 21. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 22. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 23. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 24. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or 10 Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Mark Markley-Markley Designs LLC Position: Owner-Principal Architect Address: 1019 39th Avenue, Suite L Address: Greeley, CO 80634 E-mail: mark@markleydesigns.com Phone: 970-673-8248 TO COUNTY: Name: Patrick Oneill Position: Director Facilities Address: 1105 H Street Address: Greeley Colorado 80634 E-mail: poneill@weld.gov Phone: 970-400-2023 25. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 26. Non-Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 27. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 28. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 29. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, 11 no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 30. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 31. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 32. Non-Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other immunities, rights, benefits, and protections, provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as from time to time amended, or otherwise available to the County, its subsidiary, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and volunteers. 33. No Third-Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 34. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 35. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 36. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)), nor enter into a contract with a subcontractor that employs or contracts with an 12 unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law, including employment verification requirements contained within state or federal grants or awards funding public contracts. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 37. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 38. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: MARKLEY DESIGNS LLC Mark Markley Digitally signed by Mark Markley Date:2026.01.15 09:25:57-07'00' 1/1 5/2026 By:Name: MARK MARKLEY Date of Signature Title: OWNER/ARCHITECT WELD COUNTY: ATTEST: al` BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELDCOUNTY, COLORADO BY: f/U�l/ _ Deputy Clerk to the Board tt K. James, Chair /44ELz JAN 2 8 2026 (11861 flAt. \* b25- 35'40 Exhibit A Weld County Finance Department lgs' 13 I Purchasing Division 1301 North 17th Avenue r; 11 Greeley, Colorado 80631 Professional Services — Invitation for Bid (IFB) Cover Sheet Bid Number: B2500139 Title: Weld County Backup Emergency Communications Building Design and Engineering Services Advertisement Date: November 5, 2025 Pre- Bid Meeting: November 19, 2025, at 1:00 pm Pre- Bid Location: 3501 35th Ave Greeley Colorado Questions Due: December 3, 2025, by 10:00 am Questions Posted: December 4, 2025, by 5:00 pm Questions email: bids@weld.gov • Bid Due Date: December 10, 2025, by 10:00 am, Purchasing's Clock Bid Delivery: Preferred email to bidsweld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids&..weld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments Attachment 1-Backup Emergency Call Center Schedule A: Bid Instructions Conceptual Drawing Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance Schedule F: Weld County Contract Form Revision 6-2025 Table of Contents Professional Services — Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Table of Contents 2 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 4 Cooperative Purchasing 5 Schedule B - Scope of Work 6 Project Overview 6 Method of Procurement 6 Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 13 Schedule D — Bid Response Form 14 Bid Submittal Instructions 14 Fees 14 Attestation 14 Schedule E — Insurance 16 Insurance 16 Insurance Mailing Information 19 Schedule F - Weld County Contract 19 Contractual Obligations 19 Weld County Standard Contract 20 Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: Weld County Backup Emergency Communications Building Design and Engineering Services A Mandatory pre-bid conference will be held on November 19, 2025, at 1:00 pm at the Regional Communications Backup Center located at, 3501 35th Ave Greeley, CO 80631. Bidders must participate and record their presence at the pre-bid conference to be eligible to submit bids. Bids will be received until: December 10, 2025 at 10:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on December 10, 2025 at 10:30 am. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft Teams By Phone Join the meeting now +1 720-439-5261„357276804# Meeting ID: 266 453 661 346 6 United States, Denver Passcode: JF7ix3XP Phone conference ID: 357 276 804# Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1. PREFERRED: email bids to bidsAweld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Solicitation #B2500139 Page 3 Introductory Information 1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by authorized person. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3)of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Solicitation #B2500139 Page 4 Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms. Solicitation #B2500139 Page 5 Schedule B - Scope of Work Project Overview Weld County is seeking a lump sum bid for professional design and engineering services for a new backup Emergency Communications Center building and partial remodel of existing Backup Emergency Communications building located in Greeley Colorado. • Site location is 3501 35th Ave Greeley Colorado Method of Procurement Invitation for Bid (IFB): An Invitation for Bid (IFB) is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non-responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding and IFB contract. Pricing Method Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not-to-exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs. Specific Requirements and Responsibilities Weld County is seeking professional design services for schematic design, design development, construction documents, and construction administration for a new two-story structure totaling 16,000 square feet. Included within this project is the partial interior demo of existing on-site backup communications center building work to include offices and conference room w/ addition of an attached CMU block garage structure, (See Attachment 1 for concept recommendations). The new 16,000 sq. ft. 2-story structure is to be slab on grade, with 2"d floor reinforced concrete floors, all exterior walls to be CMU block with high impact windows. Building to include an elevator with stairs for emergency egress, design to include a separate backup emergency power system. The 1st floor to be partial core and shell for future use with a Main Distribution Frame (MDF) room for all IT and Emergency Dispatch Equipment, a mechanical room, & a main electrical room. 2nd floor to include emergency call center with workstations, offices, breakroom, conference room, mother's room, men's & women's restroom, & IDF room. Backup Emergency Communication Center Specific Terms and Conditions: 1. This bid shall include all phases engineering required for a final complete set of"for construction drawings". This includes any necessary documents for review and approval of the Weld County Planning department. Design team will be required to attend Planning and Public Works meetings. 2. All new structures will need to be designed within the property lines. All setbacks to be applied if applicable. 3. Design consultants shall include but not limit to the following minimum design elements for this Solicitation#B2500139 Page 6 design and engineering services IFB and shall be included in their base lump sum price. • New Call Center Structure to be to be designed with CMU exterior walls. Structural integrity to is to be designed to handle all unexpected weather conditions • Call Center area with raised flooring or recessed floor boxes, and sound density control flooring • Design a corridor from the existing building to the new building for existing infrastructure pathway • Call Center workstation layout-Linear, Cluster, Circular, or Hybrid • IDF-Halon Fire Protection (Recommended) • Building Fire Protection System (If required) • Reuse current electrical service or add new electrical service w/transformer • Redundant power-UPS (30 Minute Supply) • Reuse current EM Generator (Minimum 72 Hour Supply) or add new separate emergency generator for new building (Engineer will determine if existing generator is sized properly for additional building load) • Surge Protection Cabinet • Critical Operations Power System Design (COPS) • Battery Backup Lights located throughout for additional EM lighting • All network wire & cable should be installed with cable trays or J-hooks above ceiling or under raised flooring • Video Walls • Quiet Room or Mothers Room-required by code • Storage Closets and Countertop space • Restrooms • Office spaces • Conference Room • Breakroom with solid surface counter tops • Elevator • Rooftop Air Handlers w/De-humidification Call Center Area & VAV/Fan Boxes • Mechanical Systems with pre and final filtrations system for dispatch area. • N-Light/Lighting system with dimming capabilities • High Impact Windows w/natural lighting • MDF & IDF w/Adequate Additional separate split system or roof top cooling • Low voltage pathway design to include data, access control, cameras, and intrusion system. • Soundboard and/or acoustical absorption ceiling • All carpet surfaces to be carpet tile for easy replacement • All solid surface flooring to be glue down LVP • Electrical systems • Plumbing systems • Exterior lighting • Parking lot design to include asphalt • Storm site drainage design • Electronic Gate Design (Property Entrance) • CMU Block Garage Structure attached to existing building with heating (16' long by 10" garage door) • Design Space-Primary Dispatch Systems automatic locations identification ALI, enhanced 911 (E911) and (CAD) Computer Aided Dispatch Systems (Motorola AXS Consoles, Solicitation #B2500139 Page 7 Intrado Viper Sonic Edge, 911 Consoles) 4. Colors must be approved by Weld County project manager from manufactures standard colors and must adhere to typical County standards. 5. Project shall include all architectural, structural engineering, site work, electrical, mechanical, plumbing, and tenant features. 6. Design team to hire site survey company to survey current site conditions. 7. Consultant is responsible for and shall provide specifications, stamped drawings and engineering documents for civil, architectural, structural, mechanical, plumbing, and electrical including fire. These documents and specifications will be used for Weld County to seek bids for the construction phase of this project. 8. Consultant will be responsible for reviewing site conditions to best determine what is needed to provide a complete design and engineering package. 9. Consultant is responsible for the coordination and design requirements of the Weld County Planning and Building department. This includes but not limited to MS4 requirements and site drainage. 10.New equipment shall be sized and designed to meet the needs of the spaces in which they serve. Coordination with Weld County project manager will determine what systems and requirements will be needed. 11.All design service requirements shall be a part of this contract and be all inclusive of a complete building design for each space. 12.Consultant is required to verify that any new design and or equipment meets the needs and functions of the building. Scope of Services The intent of this section is to highlight in general terms the nature and scope of the work to be performed. 1. Design Services 1. Provide a design for the project. 2. Provide structural fill analysis and design for fill of building/s area. If required. 3. Civil engineering and site planning, as required. 4. Prepare submittals to governing agencies for approval. 5. Provide a schematic design package. 6. Provide a design development package. 7. Provide full and complete construction documents. 8. Provide construction administration/consultation. 9. Attend weekly design and construction meetings. 10.Prepare building permit submittal and assist in obtaining the permits. Make Building Inspection Department requested revisions. 11.Provide a design schedule. 12.Include all costs for architectural design services, programming, civil engineering, structural engineering, mechanical engineering, electrical engineering, and all other "consultant" fees in the proposal. 13.Coordinate surveys and other design activities. All costs shall be included in bid. Plans / Documents: (At a minimum the county requires the following) Solicitation#B2500139 Page 8 1. Architectural Plans 2. Civil and Site Plans 3. Structural Plans 4. Door/ Door Hardware Schedule 5. Mechanical Plans 6. Electrical Plans 7. Fire Alarm & Suppression (If needed) 8. Plumbing Plans 9. Electrical Plans 10. Demo Plans 11.Data/Communication Plans 12.HVAC Plans 13.Provide complete hard copies and electronic AutoCAD files of project final drawings to the County. 14.AII related engineering calculations, QA/QC, and manufactured equipment documentation 15.AI1 other items required by referenced codes, standards, and ordinances. Data And Information Review: The Consultant shall be responsible for researching, collecting, and analyzing relevant information needed to effectively execute this scope of work. The Consultant shall be responsiblefor: 1. Familiarizing themselves with applicable local, state, and federal regulations. 2. The consultant project manager shall be the primary point of contact and coordinate work effort, resources, communications, document production, and billing on behalf of the consultant and team members. 3. Consultant shall conduct a project kickoff meeting with the County Project Team, including a site visit to thoroughly review existing conditions and facility's needs. 4. Working with County personnel and attending a weekly design meeting in person at the Weld County Facilities building at 1105 H Street, Greeley Colorado. At a minimum this will be through the design phase until complete and a minimum of ten meetings throughout the construction phases of the project. Facility Design &Construction Contract Documents: The Consultant shall prepare a full and complete set of construction contract documents for this project. The Consultant shall provide the following as part of this task. 1. Design Process: Develop plans and specifications for County Project Team review and comment. At each review step, the County Project Team will consolidate comments into one (1) package and provide to consultant for review. • Schematic Design (30% complete)— Provide schematic design drawings for review and comment by County Project Team. • Design Development(60% complete)—Provide draft plans and specifications for review and comment by County Project Team. Participate in preliminary plan review meeting with County Building Inspections staff ( Planning Department) Solicitation #B2500139 Page 9 • Permit/Construction Documents (100% complete)— Provide two full and complete sets of documents for permit review by Weld County Building Inspection (Planning Department). These full and complete set of construction contract documents will allow the County to solicit bids for actual construction of the project, Provide one complete set in PDF and hard copy to the Facilities Department. 2. Architectural Design: Produce architectural plans for building structures. Guide selection of exterior and interior finishes, interior design, and office space layout. This process will require close coordination with Facilities Department staff to optimize the layout and details of building spaces. In general, building structures shall be designed to maximize resiliency, minimize long term life cycle costs, and consider sustainable elements. 3. Civil Design: Produce civil design plan and specifications should the project scope require; including; plans for existing conditions, grading plans, pavement layout and section design, civil details, water supply plans (may include supply well), wastewater disposal plans (may include septic system), drainage plans, electrical and natural gas utility plans, erosion control plans, and post-construction stormwater detention and water quality plans, Municipal Separate Storm Sewer System (MS4) through Colorado Department of Public Health and Environment (CDPHE). 4. Structural Design: Produce structural plans and specs in compliance with all state and local building codes. 5. Mechanical, Electrical, and Plumbing Design: Produce mechanical, electrical, and plumbing plans in compliance with all State and Local building codes to provide fully functional facilities upon completion of construction. Items to include but are not limited to the following: heating ventilation and air conditioning plans, specs, equipment schedules and control systems; plumbing plans, specs and equipment and fixture designation for water supply and wastewater disposal; electrical plans, specs, schedules and diagramming for power, lighting, and provisions for emergency standby power generation, if needed. 6. Telecommunications and data connectivity will be coordinated by County Information Technology (IT) staff through a separate process. The design team for this proposal will only be responsible for identifying electrical boxes and conduit locations which will be identified by the County project team. The actual wiring and integration of technology components (excluding HVAC Controls will be performed by County staff through separate procurement processes. 7. Base bid shall include Construction Administration (CA) fees for reviewing and providing clarification for shop drawings, Requests for Information, change orders, and weekly one- hour on-site Owner-Architect-Contractor(OAC)meetings. The duration for OAC meetings shall use 6 months for base bid. For additional CA work, identify the hourly rate in table below. 8. Revit or BIM modeling is not required. However, final CAD of all designs and as-builts will be provided to the County. Solicitation #B2500139 Page 10 Project Summary & Report: Upon completion of construction work, the Consultant shall prepare final as-built of the Project. 1. Provide to Weld County one (1) hard copy and one (1) set of PDF documents of the completed project documented along with AutoCAD files with final as-built of the Project. 2. Conduct a post-meeting debriefing discussion with the County Project Team. Use Of Sub Consultants: The proposer shall indicate in their bid any work intended to be performed by sub- consultants or persons outside of the firm. The proposer shall name the sub-consultants, if known, at the time of bid submittal. Qualifications & Insurance: Qualifications and insurance, at a minimum, should include the following: • The consultant(s) must have Architect(s)/Engineer(s) current State license(s). • Must carry Professional liability insurance (PLI), also referred to as professional indemnity insurance (PII) but more commonly known as errors & omission. Bid Submittal: Please submit your bid, addressing each of the following items in the order as outlined below. As time is of the essence, brevity is appreciated. Proposers should provide only the information requested, and present it in a clear, concise manner. Incomplete bids may be rejected. 1. Signed SIGNATURE PAGE of this RFB. 2. Summary of the bid, including Statement of Understanding showing familiaritywith the Scope of Work 3. Organizational chart and resumes of all key staff and core staff that will be involved with providing services, including: • Identify who will act as the primary contact person to Weld County for this project. • List specific personnel proposed for the project team and provide a resume for each of your proposed team members along with a copy of current state licensing Solicitation #B2500139 Page 11 for each architect or engineer. 4. Proposed Project Schedule • Describe how your firm handles the various communications, includingmeetings and project schedules, to keep the project running smoothly. • Describe how your firm can respond to quick-hitting design requests requiring turnaround times to be expedited in some instances. 5. Statement of consultant's intent to sublet portions of the work, identifying what is intended to be sublet. • Include the name of the sub-consultant and a statement of qualifications of the sub-consultant. Award And Agreement: A Sample of Weld County's "Professional Services Agreement" is available upon request. It is expected that any exceptions or requested additions to the attached agreement be stated and submitted with your bid. The County makes no guarantee any changes or concessions to the standard agreement will be made but will review and consider all requests. Solicitation#B2500139 Page 12 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date November 5, 2025 Pre-Proposal Meeting (Mandatory) November 19, 2025, at 1:00 pm Technical Questions Due December 3, 2025, by 10:00 am Technical Questions email bids@weld.gov Questions Answered via Addendum December 4, 2025 Proposals Are Due December 10, 2025, 10:00 am Purchasing's Clock Solicitation Notice of Award (Anticipated) December 25, 2025 Contract Execution (Anticipated) January 7, 2026 Solicitation #B2500139 Page 13 Schedule D — Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non-responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Proposed Dates: Based on a contract execution date of June 3, 2025, please provide proposed schedule dates. Project Design Phase Proposed Schedule Date Schematic Design: Design Development: Construction Documents: FEES: Please provide the following breakdown for your total lump sum bid. Description Pricing Civil: $ Structural: $ Architectural: $ Mechanical: $ Electrical: $ Plumbing: $ Contract Administration: $ Other: $ Total Lump Sum Price: $ Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request B2500139. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other Solicitation #B2500139 Page 14 state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E— Insurance 6. Acknowledgment of Schedule F —Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Date of Signature Name: Title: Solicitation#B2500139 Page 15 Schedule E — Insurance Insurance Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance-Occurrence Form Policy shall indude bodily injury, property damage, liability assumed under an Insured Contract. The policy shall be endorsed to include the following additional insured language: "Weld County, its subsidiary, parent, elected officials, employees, associated and/or affiliated entities, successors, or assigns, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall indude Minimum Limits as follows: General Aggregate $ 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Such policy shall maintain Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Professional Liability(Errors and Omissions Liability) Solicitation#B2500139 Page 16 The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 Proof of Insurance. Upon County's request, Contractor shall provide to County, for examination, a policy, endorsement, or other proof of insurance as determined in County's sole discretion. Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the Certificate of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, "Weld County, its successors or assigns; its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds" with respect to liability arising out of the activities performed by or on behalf of the Contractor". On insurance policies where Weld County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the Certificate of Insurance. The County reserves the right to require complete, certified copies of all insurance policies required by this Agreement at any time, and such shall also be deemed confidential. Solicitation #B2500139 Page 17 Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non-renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Solicitation#B2500139 Page 18 Insurance Mailing Information Certificates of Insurance and endorsements shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Jeremy Duran Email: jduran@weld.gov Telephone: 970-400-2045 Mail: Weld County Facilities Department ATTN: Jeremy Duran PO Box 758 Greeley, CO 80632 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non- appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project-by-project basis that provide further clarification. Solicitation #B2500139 Page 19 Weld County Standard Contract Below is the standard Weld County Contract for Professional Services. Professional Service Agreement Between Weld County and [Contractor] THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of[Department], hereinafter referred to as "County," and [Contractor], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. Solicitation #B2500139 Page 20 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) or Request for Proposal (RFP) as set forth in Bid Package No. B . Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT- Solicitation #B2500139 Page 21 INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties, and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in Solicitation#B2500139 Page 22 compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement Any provisions in this Contract that may appear to give the County the right to direct contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records, and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non-confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. Solicitation #B2500139 Page 23 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s)furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A-VI'. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Solicitation#B2500139 Page 24 Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance-Occurrence Fomi Policy shall indude bodily injury, property damage, liability assumed under an Insured Contract. The policy shall be endorsed to include the following additional insured language: "Weld County, its subsidiary, parent, elected officials, employees, associated and/or affiliated entities, successors, or assigns, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall indude Minimum Limits as follows: General Aggregate $ 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Such policy shall maintain Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Professional Liability(Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 14. Proof of Insurance. Upon County's request, Contractor shall provide to County, for examination, a policy, endorsement, or other proof of insurance as determined in County's sole discretion. Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure. Solicitation #B2500139 Page 25 All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the Certificate of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, "Weld County, its successors or assigns; its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds" with respect to liability arising out of the activities performed by or on behalf of the Contractor". On insurance policies where Weld County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the Certificate of Insurance. The County reserves the right to require complete, certified copies of all insurance policies required by this Agreement at any time, and such shall also be deemed confidential. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 15. Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Solicitation#B2500139 Page 26 Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non-renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 16. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 17. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 18. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 19. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 20. Indemnity. The Contractor shall indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against any and all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs, (hereinafter referred to collectively as Solicitation #B2500139 Page 27 "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused in whole or in part by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. A failure of Contractor to comply with these indemnification provisions shall result in County's right but not the obligation to terminate this Agreement or to pursue any other lawful remedy. 21. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 22. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 23. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 24. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Solicitation#B2500139 Page 28 Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: Address: E-mail: Phone: TO COUNTY: Name: ` ; - Position: ak Address: , ►i w. Address: E-mail: Phone: 25. Compliance with Law. Contractor shall strictly comply all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 26. Non-Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 27. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this R,areement. This instrument supersedes all prior negotiations, representations, and understands"e or agreements with respect to the subject matter contained in this Agreeme This . eement may be changed or supplemented only by a written instrument signed by'•- q parts_ 28. Fund Availability. Finan'-al obli °` ins of the County payable after the current fiscal year are contingent upon funds for that pu 4 . re 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. 29. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 30. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 31. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. Solicitation #132500139 Page 29 32. Non-Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other immunities, rights, benefits, and protections, provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as from time to time amended, or otherwise available to the County, its subsidiary, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and volunteers. 33. No Third-Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 34. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 35. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 36. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)), nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law, including employment verification requirements contained within state or federal grants or awards funding public contracts. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 37. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 38. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Solicitation#B2500139 Page 30 Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Date of Signature Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board [Insert Name], Chair Solicitation #B2500139 Page 31 Exhibit B Markley DESIGNS ARCHITECTURE- PLANNING -CONSULTING Markley Designs 1019 39th Ave, Suite L Greeley, CO 80634 December 10th, 2025 Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 Bid Number: B2500139 Title: Weld County Backup Emergency Communications Building Design and Engineering Services Dear Project Committee: We appreciate your consideration of Markley Designs, Ilc regarding on call architectural and engineering services for the Weld County Backup Emergency Communications Building Design and Engineering Services. Markley Designs has extensive experience in all phases of design and project management for municipal projects and is well equipped to successfully execute the entirety of the scope of work detailed in the Request for Proposals. Since its inception, Markley Designs has been committed to providing thoughtful and creative designs and exceptional design development and project management with an adherence to client timelines and close consideration to necessary budget allowances. Markley Designs also has extensive experience in the coordination of meetings and presentations with and for governmental staff and the public.With a combined architectural experience of over 40 years,we have consistently created functional, aesthetic and inspiring spaces. Markley Designs understands that the proposals will be an e-mailed submittal. "I hereby waive my right to a sealed bid"We look forward to working with you on the design and management of future municipal projects. Please let us know if we can answer any questions.Thank you for considering Markley Designs regarding the architectural and engineering services for Weld County. Sincerely, 7r/iaiti7/1-a,17e17 Mark Markley (authorizing party) Owner/Principal Architect mark@markleydesigns.com 970.673.8248 Summary of Bid & Statement of Understanding DESIGN PHILOSOPHY Our architects begin every project with a research-based discovery process.This fosters our clients'active participation in the design process, making choices as the project develops with a shared understanding and approach to design and sustainability. LOCAL AND DETAIL ORIENTED Markley Designs specializes in a wide range of types and sizes of projects. Our experienced professionals apply practicality and completeness to develop and execute architectural designs and solutions that achieve aesthetic,functional and financial objectives. Markley Designs is a traditional architectural studio with a modern flair.We offer design services for all project phases,from idea packages created for inspiration and collaboration to drawing portfolios that fully describe design intentions to your contractor and/or city staff and the public. We understand the general requirements and needs for Architectural and Engineering Services for Weld County Backup Emergency Communications Building Design and Engineering Services located at 3501 35th Ave, in Greeley, Colorado as identified by the Bid Specifications and will include but not limited to the following. This design scope of work will include professional design services for schematic design, design development, construction documents, and construction administration for a new two-story structure totaling 16,000 square feet. Included within this project is the partial interior demo of existing on-site backup communications center building work to include offices and conference room w/addition of an attached CMU block garage structure. The new 16,000 sq.ft. 2-story structure is to be slab on grade,with 2nd floor reinforced concrete floors, all exterior walls to be CMU block with high impact windows. Building to include an elevator with stairs for emergency egress, design to include a separate backup emergency power system.The 1st floor to be partial core and shell for future use with a Main Distribution Frame(MDF)room for all IT and Emergency Dispatch Equipment, a mechanical room, &a main electrical room. 2nd floor to include emergency call center with workstations, offices, breakroom, conference room, mother's room, men's&women's restroom,& IDF room. General requirements and design will include but not be limited to the following. • New Call Center Structure to be to be designed with CMU exterior walls. Structural integrity to is to be designed to handle all unexpected weather conditions • Call Center area with raised flooring or recessed floor boxes, and sound density control flooring • Design a corridor from the existing building to the new building for existing infrastructure pathway • Call Center workstation layout-Linear, Cluster, Circular,or Hybrid • IDF-Halon Fire Protection(Recommended) • Building Fire Protection System(If required) • Reuse current electrical service or add new electrical service w/transformer • Redundant power-UPS(30 Minute Supply) • Reuse current EM Generator(Minimum 72 Hour Supply)or add new separate emergency generator for new building(Engineer will determine if existing generator is sized properly for additional building load) • Surge Protection Cabinet • Critical Operations Power System Design(COPS) • Battery Backup Lights located throughout for additional EM lighting • All network wire&cable should be installed with cable trays or J-hooks above ceiling or under raised flooring • Video Walls • Quiet Room or Mothers Room-required by code • Storage Closets and Countertop space • Restrooms • Office spaces 1 • Conference Room • Breakroom with solid surface counter tops • Elevator • Rooftop Air Handlers w/De-humidification Call Center Area &VAV/Fan Boxes • Mechanical Systems with pre and final filtrations system for dispatch area. • N-Light/Lighting system with dimming capabilities • High Impact Windows w/natural lighting • MDF&IDF w/Adequate Additional separate split system or roof top cooling • Low voltage pathway design to include data, access control, cameras, and intrusion system. • Soundboard and/or acoustical absorption ceiling • All carpet surfaces to be carpet tile for easy replacement • All solid surface flooring to be glue down LVP • Electrical systems • Plumbing systems • Exterior lighting • Parking lot design to include asphalt • Storm site drainage design • Electronic Gate Design(Property Entrance) • CMU Block Garage Structure attached to existing building with heating(16' long by 10"garage door) Project shall include all architectural, structural engineering, site work, electrical, mechanical, plumbing, and tenant features.We are responsible for and shall provide specifications, stamped drawings and engineering documents for architectural, structural, mechanical, plumbing, and electrical including fire and fire suppression. SCHEMATIC CONTRACT CONTRACT DESKiN IXIMMENTS ADMNIMSTRATION 2 Leadership Team Organization Chart Markley Designs is made up of a team of experts that have dedicated their professional careers to architecture and design.The strength of our team comes first with the trust and respect that grows from working closely together through all project phases. Our architectural design team is responsible for creating a design concept that meets the requirements of our clients with the goal of providing a facility suitable to their desired use. Our team is made up of individuals who are creative and architecturally inclined to manage services in connection with the design and construction of dynamic spaces. Mark Markley ^1tit,. ` Alt,,, tFFr) Lead Architect Mark Markley will be Principal the primary contact. IlL Abby Rutledge Project Manager / Drafting Abby Rutledge will be ../ the secondary contact. Amanda Fox Procurement Consultant Interior Design / Drafting f ri , ` n In addition to our Leadership Team,three drafters are employed under Mark and two are managed by Amanda.Abby Rutledge is a project manager for commercial and municipal projects.These additional employees can provide support as needed to meet project goals and timelines. 2 MARK ROBERT MARKLEY 1019 39th Ave, Suite L, Greeley CO. 80634 mark@markleydesigns.com•(303)859-7249 EDUCATION 2006-2009 Colorado University Denver, CO M.ARCH- Masters of Architecture The Master of Architecture program, accredited by the NAAB, is a professional degree in architecture at CU Denver. It enables students to acquire the skills and knowledge needed to practice architecture professionally. It consists of three years of study, including design studios, required course work, and electives. •AIA,American Institute of Architects • NCARB, National Council of Architectural Registration Board • LEED AP, Leadership in Energy and Environmental Design,Accredited Professional 2002-2006 Colorado University Boulder, CO BENVD- Bachelor of Environmental Design The Environmental Design degree focuses on many complexities of designing buildings, landscapes and planning communities.With a major in environmental design, and emphases in design studies, I worked toward a bachelor of environmental design as preparation for entry into graduate and professional degree programs as well as the workplace. •AIAS,American Institute of Architects Students,Phi Kappa Tau, Psi Chapter Alumni EMPLOYMENT 2014- Present- Markley Designs, Ilc. Greeley, CO Licensed Architect, Owner Daily duties involved working in a multi-task environment. Demonstrated the ability to complete moderately complex assignments requiring independent research, problem solving, and cross functional skills within the field of Architecture and construction. 2005-2014 Freeman Architects Loveland, CO Licensed Architect Daily duties involved working in a multi-task environment. Demonstrated the ability to complete moderately complex assignments requiring independent research, problem solving, and cross functional skills within the field of Architecture and construction. 2002-2005 Lockhart Constructors, Inc. Greeley, CO Office Assistant Required supervision on a variety of projects, reported to multiple project managers and interacted daily with management, staff, and external contacts. VOLUNTEER 2014-2018 City of Greeley Historic Preservation Greeley, CO Elected Commissioner,Architect 2010-2014 Greeley Urban Renewal Authority Greeley, CO Elected Commissioner,Vice Chairman 3 ABIGAIL RAE RUTLEDGE 1019 39th Ave, Suite L, Greeley CO. 80634 abby@markleydesigns.com •(239)233-6065 EDUCATION 2016-2018 Front Range Community College Fort Collins, CO. Architectural& Building Science-Applied Associates Degree The curriculum at Front Range Community College offers a well-rounded scope of design and building science which emphasizes sustainable design techniques as well as hands-on building practices. It enables students to acquire the skills and knowledge base needed to pursue careers within various aspects of the architectural and construction industry, including architectural drafting and design.Consisting of two years of study in required course work covering commercial &residential construction practices and electives,the program features: • 'Tiny Home'design/build for Habitat for Humanity •AutoCAD and Revit coursework and proficiency • Sustainable practices and case studies EMPLOYMENT 2019- Present- Markley Designs, llc. Greeley, CO. Architectural Drafter/Designer Daily duties involve working in a multi-task environment. Demonstrate the ability to complete moderately complex assignments requiring independent research, problem solving, and cross functional skills within the field of Architecture and construction. 2018-Denali Roofing Loveland, CO. Project Coordinator Daily duties involved working in a multi-task environment. Demonstrated the ability to dynamically schedule subcontractor crews, problem solve, and communicate effectively across the fields of Architecture and construction. 2017 -Van Horn Engineering and Surveying Estes Park,CO. Survey and Drafting Intern Initial site design, direction of correspondence,writing survey reports, and updating records. Determined methods and procedures for establishing and reestablishing survey control. 4 AMANDA KATHRYN FOX 384 Jackson Circle, Louisville, CO 80027 amanda@markleydesigns.com •(650) 773-2061 EDUCATION 1995-1999 University of Colorado Boulder, CO BENVD- Bachelors of Environmental Design The Environmental Design degree focuses on many complexities of designing buildings, landscapes and planning communities.With a major in environmental design with emphases in design studies, she achieved a Bachelors of Environmental Design. EMPLOYMENT 11/2016- Present Markley Designs, Ilc Greeley, CO Project Manager Daily duties involved project procurement, lead project management and interior design that require working in a multi-task environment on commercial and residential projects in conjunction and under the supervision of Markley Designs and concurrently on residential projects.Tasks involved problem solving and cross functional skills within the field of Architecture and construction management. 01/2012-09/16 Firefly Homebuyers Ilc Louisville, CO Project Manager, Owner Daily duties involved the management and coordination of eight large residential remodel projects throughout Metro Denver. 11/2004-03/2009 Edwin Bruce Associates San Jose, CA. Project Manager Daily duties involved working in a multi-task environment. Demonstrated the ability to complete moderately complex assignments requiring independent research, problem solving, and cross functional skills within the field of Architecture and construction. 09/2003- 10/2004 EnviroSense Architecture Winter Park, CO. Office Assistant Required supervision on a variety of projects,following the direction of the Architect. • Provided drafting and field measurement assistance RECENT VOLUNTEER ACTIVITY Chief Hayes Project In charge of 65+volunteers 1-2 times yearly over 5 years to provide light exterior home maintenance and yardwork for low income families. The Christmas Shoppe Helped initiate the Christmas Shoppe for Louisville, CO that now provides new Christmas presents to 1500-2200 children annually. Louisville Elementary School Refresh Project Leading a team of volunteers to provide interior design for several spaces. 5 PROPOSED PROJECT DESIGN SCHEDULi Below is the anticipated schedule for the building's design services: Solicitation Notice of Award December 25,2025 Contract Execution January 7, 2026 Design Commencement(Project Kick-off Meeting) January 12,206 Schematic Design 3.5 Weeks Design Development 3.0 Weeks Permit&Construction Documents 3.5 Weeks Site Design can begin work on this project upon notice to proceed with receipt of an executed contract.We anticipate the topographic survey can be completed within 2-3 weeks from notice to proceed and an executed contract. COMMUNICATIONS TECHNIQUE', Markley Designs utilizes a variety of communication techniques to achieve a successful project outcome. E-mail and phone serve as a direct connection to team members and subconsultants while for meetings we preference the utilization of remote video meetings such as a Teams Meeting or Zoom platform to clearly show and communicate the design with our computer aided graphics. Markley Designs will set an internal schedule and goal sheet with our subconsultants to track forward progress from conceptual to permit documentation and construction. To effectively respond to quick-hitting design requests,we can establish a streamlined workflow with clearly defined roles and rapid communication channels. Prioritizing tasks based on urgency and impact allows us to allocate resources efficiently and meet tight deadlines. Leveraging design templates and reusable assets can also accelerate the creative process without compromising quality. STATEMENT OF CONSULTANCT'S INTENT TO SUBLET PORTIONS OF WORK Markley Designs intends to secure and provide sub consultant work for be below designs. 1. Mechanical, Electrical and Plumbing Engineering 2. Structural Engineering 3. Civil Engineering 4. Fire Alarm &Suppression(if required) 5. Low Volt/Design Coordination INSULT ANC 1"S S'I A"l'LNILNT QUALIFICATIONS Markley Designs intends to engage the below subconsultants for engineering and other related services as noted above. 1. Integrated MEP 4. Earth Engineering Consultants, LLC 320 Maple Street, Suite 110 4396 Greenfield Drive Fort Collins, CO Windsor, Colorado 2. TD Structural Engineering, Inc. 2909 Oxford Ct. Fort Collins, CO 3. i2 Consultants, Inc. 16911 Potts Place Mead, CO With over 40 years of combined experience in Architecture we have developed a strong foundation in new construction, remodels and tenant improvements.Our professional background aligns well with the requirements of this project, particularly in areas such as design, project management and clear communication. Additionally, our proficiency in Computer Aided Drafting and Revit have allowed us to streamline operations and deliver measurable results. Each of our subcontractors has multiple years of experience in relevant design fields, ensuring a deep understanding of project requirements and industry standards.Their proven track records in delivering high- quality,timely design solutions contribute significantly to our overall project success.This collective expertise allows us to confidently handle complex and specialized design tasks. 6 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. 1) Schedule D— Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non-responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Proposed Dates: Based on a contract execution date of January 7, 2026, please provide proposed schedule dates. Project Design Phase Proposed Schedule Date Schematic Design: 3.5 Weeks Design Time- February 4th Design Development: 3.0 Weeks Design Time- February 23rd Construction Documents: 3.5 Weeks Design Time- March 18th FEES: Please provide the following breakdown for your total lump sum bid. Description Pricing Civil: $23,000 Structural: $20,000 Architectural: $30,000 Mechanical: $ 8,350 Electrical: $ 8,350 Plumbing: $ 8,350 Contract Administration: $ Included Geotechnical: $ 8,400 Total Lump Sum Price: $ 106,450 Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request B2500139. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F —Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Item Entry Company Name: Markley Designs Ilc Address: 1019 39th Ave, Suite L, Greeley, CO 80634 Phone 970-673-8248 Email: mark@markleydesigns.com FEIN/Federal Tax ID#: 47-5463969 CONTRACTOR: By: 12-09-2025 Date of Signature Name: Mark Markley Title: Architect/ Owner Addendum # 1 Bid Request Number B2500139 Weld County Backup Emergency Communications Building Design and Engineering Services Currently Reads: In several locations on the invitation to bid, the Prebid location is shown as 3501 35TH Ave Greeley Colorado Change: Change all locations in the invitation to bid that shows the location of the Prebid to 3105 35TH Ave Greeley Colorado. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Markley Desi LC 12-9-2 a2 5 Date of Signature Signature: Name: Mark Markley Title: Architect/ Owner December 9, 2025 Addendum # 2 Bid Request Number B2500139 Backup Emergency Communications Design & Engineering Services Questions & Answers 1. Question: The equipment room roof and fascia appear to be in disrepair. Should the NE include replacing the roof? Answer: No, the existing roof and the fascia repair is not part of this scope of work. 2. Question: Should the NE include replacing any of the existing HVAC? Answer: No, NE for existing HVAC units is not part of this scope of work. 3. Question: If the roof mounted HVAC on the equipment room and/or the roof is to be replaced. Should the HVAC equipment be relocated to grade? Answer: No, the existing HVAC roof top units and roof are not part of this scope of work, existing HVAC equipment to remain in the existing location. 4. Question: Should the A/E include the full UPS replacement design, including sequence of construction to ensure all equipment remains operational during UPS replacement? Answer: Yes, existing UPS replacement & new location design is required as part of this scope of work. This is required per scope to create a new pathway from current building to the new building, existing UPS's will be replaced and moved to a new location within the existing buildings IDF room. During the preplacement of the existing UPS the building and equipment will need to be fully operational with emergency backup generator power and UPS power during entirety of the project. All electrical tie ins will need to be coordinated with the Facilities Operations Project Team & the Public Safety Communications Team. 5. Question: The RFP states: "Structural integrity to is to be designed to handle all unexpected weather conditions." The call center will be classified as Risk Category IV, which requires a more extensive structural design. Does this sentence intend for us to design the building for loads higher than that required by code such as a tornado Answer: Yes, Design Team needs to design the building loads to accommodate Risk Category IV-Essential Facilities requirements. 6. Question: Is the proposed access coming from the eastern US West an owned lot? Is there an easement provided for that or would be needed to obtained. Answer: Yes, proposed access will be entering from eastern US West owned lot and private road, the easement will need to be obtained if required upon design. 7. Question: Are proposed utility connections coming through there as well? Easement for those? Sized for the building? It looks like it's an existing 6" dead end water line to the site, which may need upsized or looped to provide adequate fire protection. The length of the dead end may also cause health concern for stagnant water in the line, further encouraging a potential need for looping. a>< • • • ' 1 .ua -- -- • • 1/4c .. .._._.. -__ aks�h'.T -Or. • ? ; '11tZ. Answer: All utility connections are on the south side of the property easement coming from the east side of 35'h Ave, except for the main electrical service and transformer that sits in the front northeastern end of the lot. The Main water line should be designed to meet all State and local building codes for adequate supply of the main water and fire protection lines to the new building addition and existing building. It will be the responsibility of the Design Team to inquire about the recommendations from the City of Greely Water Department for a potential looping system of the main water and fire protection water main. 8. Question: Drainage/detention requirements and if that would be located on the site or previously designed? Looks like there may be an existing pond in the SE corner of the site. Is it a Retention pond? I don't see much in the way of public storm infrastructure nearby and the Loveland-Greeley ditch to the north could potentiall im•act the desi•n. tsi,S ',,-,..- _ • , .' - " —. .:,' iC ,,'.'..‘. .- ,- •.., • + \ "''r ,� - } - i t- 1 .s _ ,,sue r ,` r r Illit :•.- ' ... . 1411% _ 7 a • 1 r op )i ' ' -A , -.414 ' '''' '•S * . . \». 4 �\ �. --. .'eyr. '".far d"`R4�,- C ir. Answer: There is no public storm infrastructure, the existing retention pond circled above on the southeast corner of the property is designed for current storm drainage for this property. It will be the responsibility of the design team to verify the existing retention pond is sized correctly to handle storm drainage loads from the property. 9. Question:Will Weld County provide the Title work of the property (and adjacent sites if needed) for the survey mapping? Answer: Weld County will help provide assistance, but it will be the responsibility of the Design Team to obtain all title work to complete all surveying. 10.Question: Do you anticipate any training activities to occupy the addition? If so what would be the program? Answer: New building addition will be designed to accommodate a 2nd floor backup Emergency 911 Call Center, with the potential of becoming the main call center in the future. 1st floor to be designed with mechanical, electrical, & IDF rooms, and core shell for future growth. 11.Question: Do you wish to keep the existing fencing when replacing the front gate? Answer: Existing fencing to remain, design expectations are for an electric operable gate, with access control capabilities. 12.Question: Will it be acceptable to attend the meetings during design and CA virtually? Due to the millage and travel time, attending the meetings in person would have a fairly significant impact on our fee. If not, would it be acceptable for the architect to be the only party required to attend in person and all other consultants could attend in person on a case-by- case basis, but primarily attend virtually? Answer: All design meetings will be required to be in person by the Architect Team, all other consultants will only be required to be in person on case-to-case basis as needed. CA weekly meetings will be virtually with the General Contractor and Weld County Project Team. Architects and consultants will only be required to attend in-person meetings if a design problem occurs and requires for in-person consultation to solve said problem. 13.Question: Is there a proposed construction budget for this project? Answer: Budget is not available. 14.Question: It was mentioned on the walk stormwater runoff to existing pond. It appears that this pond is in SE corner of lot. Can you confirm this, and should team assume that drainage is to be accommodated on site? Answer: Yes, existing pond is on the SE corner of lot, Design Team to verify existing pond will accommodate all future stormwater runoff. 15.Question: Do you have information on sizing existing sanitary sewer drain? Should design team assume no off-site sanitary improvements are required? Answer: According to City of Greeley GIS map the existing sanitary sewer on the south side of the property is 8" sanitary sewer. Preliminary design will be required to verify that no sanitary sewer line improvements will be required for the new building addition. 16.Question: Will owner furnish a geotechnical study? Answer: Design Team will be required to furnish a geotechnical study. 17.Question: Does Weld County have preferred or required survey partners? Answer: No, Weld County does not have preferred survey partners, this will be requirement of the Design Team to pick the determine the survey partner needed. 18.Question: On site walk, the CMU Block Garage was mentioned as separate from this project scope. Can you confirm this structure is to be excluded from this phase, or if to be included, can you confirm size of vehicle required? Answer: Yes, a CMU Block Garage with an estimated 16' x 10' door will be included in the scope of work; total garage size will be determined by Weld County and Design Team. See Bid Scope sub sections "Specific Requirements and Responsibilities", & "Backup Emergency Communication Center Specific Terms and Conditions" for additional information for the CMU garage structure. 19.Question: Program notes "Video Wall" Design. Please confirm if this means providing power and low voltage data to owner specified video wall, or if full AV systems design consulting and specification is required? Answer: Yes, Video walls will be required for Call Center Monitoring. The requirements will be for the design team to provide power and low voltage data for video wall. Weld County will provide specifications for all video wall equipment. 20.Question: Are any EV chargers desired as part of parking area? Answer: No, EV chargers desired as part of parking area. 21.Question: Are there specific energy performance goals, LEED requirements, desire for any on site renewables (solar)? Answer: No energy performance goals are required for this scope of work. 22.Question: Proposal notes Electronic Gate Design for property entrance. Is there any desired crash resistance rating? (i.e. ASTM F2656). Answer: No crash resistance rating is required; electronic gate design is for access only. 23.Question: Property appears within City of Greeley boundary and zoned C-L in City of Greeley Zoning map. Is development subject to City of Greeley review and approvals? Answer: Yes, development & zoning is subject to City of Greeley & Town of Evans review and approvals. 24.Question: Proposal notes "Call Center workstation layout". Is furniture design and selection to be a part of design proposal, or FFE selected by owner? Answer: Workstations design and layout is coordinated by Weld County. FFE Russ Basset is the selected manufacturer by Owner. 25.Question: Are there any new utilities needed for the building improvements? Or known extra upsizing for public or private utilities? Answer: All utilities upgrades and improvements will need to be determined by the design team for the future building addition. 26.Question: As is noted in item #6, that "Telecommunications and data connectivity" will be coordinated by County Information Technology(IT) staff through a separate process. The design team for this proposal will only be responsible for identifying electrical boxes and conduit locations which will be identified by the County project team. The actual wiring and integration of technology components (excluding HVAC Controls will be performed by County staff through separate procurement processes." Does this mean that all cable design/specification, Racks, Patch Panels, UPS, Etc will be provided to the submitting design team? If so, will these specifications be provided in advance of the commencement of design? Answer: All cable design/specification, Racks, Patch Panels will be provided and coordinated by Weld County Information Technology Team. It will be responsibility of the Design team to determine all electrical wiring, electrical boxes, normal power, UPS, & emergency power systems and ect. 27.Question: For audio/visual —do you have a vendor identified who will provide cabling and equipment? Answer: No preferred audio/visual vendor. 28.Question: For data network —do you have a vendor identified who will provide cabling and equipment? Answer: No preferred vendor for our Data network system, vendor will be selected and provided by our Weld County Information Technology Team. 29.Question: Specific Terms and Conditions item states: "Design Space-Primary Dispatch Systems automatic locations identification ALI, enhanced 911 (E911) and (CAD) Computer Aided Dispatch Systems (Motorola AXS Consoles, Intrado Viper Sonic Edge, 911 Consoles)." Can you clarify this statement? Is design team to aid in selection of these systems? Or coordinate with owner based on their selection? Answer: Design Team will coordinate with Weld County Public Safety Communications Team based on their selection of all emergency call center equipment during design. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: MARKw�1)Rye IV 12 - 9 -242S //41-------)// Date of Signature Signature: /%( .,1.. Name: MAtIK TAANsuc:-)� Title: Ai1/4CavtttT / OWJIER December 9, 2025 AC� DATE(MP/MD/TM')CERTIFICATE OF LIABILITY INSURANCE 9/15/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Select Business AssuredPartners Colorado PHONE FAX 4582 S. 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Colorado Department of Regulatory Agencies Colorado Department of Regulatory Agencies Division of Professions and Occupations Division of Professions and Occupations State Board of Licensure for Architects,Professional Engineers and Professional Land Surveyors State Board of Licensure for Architects,Professional Engineers and Professional Land Surveyors Mark Robert Markley Mark Robert Markley Architect Architect ARC.00403396 11/01/2025 ARC.00403396 11/01/2025 Number Issue Date Number Issue Date Active 10/31/2027 Active 10/31/2027 Credential Status Expire Date Credential Status Expire Date Verify this credential at: dpo.colorado.gov Verify this credential at: dpo.colorado.gov l v � Division Director:Sam Delp Credential Holder Signature Division Director:Sam Delp Credential Holder Signature 1560 Broadway,Suite 1350, Denver, CO 80202 P 303.894.7800 F 303.894.7693 dpo.colorado.gov ACORO8 DATE(MMIDD/YYYY) Ac� CERTIFICATE OF LIABILITY INSURANCE 12/29/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Select Business AssuredPartners Colorado PHONE FAX 4582 S. Ulster St., Suite 600 _(A/C.No.Eat):877-418-460.4 ,(A/c,No): Denver CO 80237 ADDRESS: SupportWest1@assuredpartners.com INSURERS)AFFORDING COVERAGE HNC INSURER A: RLI Insurance Company 13056 - INSURED MARKDES-01 INSURER B Markley Designs LLC 1019 39th Ave Suite L INSURER C: - Greeley CO 80634 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1429124833 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 M ADDL SUER POLICY EFF POLICY EXP OMITS LTRINSR I O, POLICY NUMBER (MM/DD/YYYY) (MM/DD/yYYY) A X COMMERCIAL GENERAL LIABILITY Y PSB0005937 I 8/18/2025 8/18/2026 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED 1 CLAIMS-MADE I X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person)_ $10,000 1---_ PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: i GENERAL AGGREGATE $2,000,000 PR - POLICY JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY , PSB0005937 8/18/2025 8/18/2026 COMBINED HBINEDtSINGLE LIMIT $1,000,000 i ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY _(Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ I WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) I 1 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A I Professional Liability RDP0059208 8/18/2025 8/18/2027 Per claim limit 1,000,000 Aggregate Limit 2,000,000 I 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Weld County is recognized as Additional Insured with respects to General Liability only if required by direct written contract with the named insured but only to the extent of such contract and coverage shall not be broader than that provided by the policy. A Waiver of Subrogation applies in favor of Weld County with respects to Professional Liability only if required by direct written contract with the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County 11500St. -- Greeley CO 80631 AUTHORIZED REPRESENTATIVE Q-) -------- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: PSB0005937 RLI Insurance Company Named Insured:Markley Designs THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your behalf, under a contract or agreement with that c. This endorsement does not increase any of the limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the"personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 12. Marital or Domestic Partner Extension Subject otherwise to the terms and conditions hereof, this Policy shall cover Damages arising from any Claim made against the lawful spouse or domestic partner (whether such stature is derived by reason of applicable statutory law, common law, or any other applicable law anywhere in the world) of an Insured Person for Claims arising solely out of his or her capacity as the spouse or domestic partner of an Insured Person, including such Claims that seek damages recoverable from marital community property, property jointly held by the Insured Person and the spouse or domestic partner; or property transferred from the Insured Person to the spouse or domestic partner; provided, however, this extension shall not afford coverage for Wrongful Acts or acts giving rise to a Pollution Incident of the spouse or domestic partner.All terms, conditions and other provisions of this Policy, inclusive of any provision relative to the applicable Deductible, which would be applicable to Damages incurred by the Insured Person in such Claim, shall also apply to Damages incurred by the spouse or domestic partner in such Claim. 13. Severability Except with respect to the Limits of Liability and any rights or duties specifically assigned to the First Named Insured stated in Item 1. of the Declarations, such as those rights and duties in Section 19. of this Policy, this insurance applies: a. as if each Named Insured were the only Named Insured; and b. separately to each Insured against whom Claim(s) is made or suit is brought. 14. Representations The Insureds represent and acknowledge that the statements and information contained in the Application are true, accurate and are the basis of this Policy and are incorporated into and constitute a part of this Policy; and shall be deemed material to the acceptance of this risk or the hazard assumed by the Insurer under this Policy. 15. Subrogation In the event of any payment under this Policy, the Insurer and the Insured may have the right to recover all or part of any payment the Insurer or the Insured makes under this Policy. If so, those rights are transferred to the Insurer. The Insured must do nothing to impair such rights. The Insured will do everything necessary to secure such rights and help the Insurer enforce them, including the execution of documents necessary to enable the Insurer to effectively bring suit. Any recoveries will be applied as follows: a. first, to the Insurer up to the amount of its payment for Damages and Claim Expenses; b. then, to the Insured as recovery of Deductible amounts paid as Damages and Claim Expenses. The Insurer waives its rights of subrogation under this Policy against clients of the Insured as respects Claim(s) arising from Professional Services under the client's contract requiring waiver of subrogation but only to the extent required by written contract. 16. Other Insurance This Policy shall be excess of any other valid insurance available to the Insured, including any project-specific professional liability insurance. This Policy shall also be excess of any Deductible or self-insured retention under such other insurance. 17. Territory This Policy applies to Claim(s)arising from Professional Services rendered worldwide. However, this Policy shall not apply to any risk which would be in violation of the law of the United States including, but not limited to, U.S. economic or trade sanction laws or export control laws administered by the U.S. Treasury, State, and Commerce Departments (e.g. the economic and trade sanctions administered by the U.S. Treasury Office of Foreign Assets Control). RDP 101 (09/18) Page 14 of 16 THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 December 9, 2025 For Informational Purposes 1019 39TH AVE UNIT L GREELEY CO 80634-2501 Account Information: , _ Contact Us Policy Holder Details : Markley Designs Inc Need Help? Chat online or call us at (866)467-8730. We're here Monday- Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTR005 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/09/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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: AP INTEGO INSURANCE GROUP LLC PHONE (888)289-2939 FAX 76250846 (A/C,No,Ext): (A/C,No): PO BOX 31241 E-MAIL ADDRESS: SALT LAKE CITY UT 84131 INSURER(S)AFFORDING COVERAGE NAICII INSURER A: Trumbull Insurance Company 27120 INSURED INSURER B: MARKLEY DESIGNS INC INSURER C: 1019 39TH AVE UNIT L GREELEY CO 80634-2501 INSURER D: 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 SUER POUCY NUMBER POUCY EFF POLICY EXP UMITS LTR INSR WVD IMM/DD/YYYY) (MM/DDIY YYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE JPRO- POLICY LOC PRODUCTS-COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) ALL OWNED SCHEDULED AUTOS _AUTOS BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA UAB OCCUR EACH OCCURRENCE EXCESS UAB CLAIMS- AGGREGATE MADE DED RETENTION$ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY Y/N E.L.EACH ACCIDENT $100,000 A PROPRIETOR/PARTNER/EXECUTIVE — NIA 76 WEG AC6E4Y 01/02/2026 01/02/2027 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $100,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION For Informational Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 1019 39TH AVE UNIT L BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED GREELEY CO 80634-2501 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* Entity ID* New Entity? Please use the job MARKLEY DESIGNS LLC SUP-51008 aid linked here to add a ❑supplier in Workday. Contract Name* Contract ID Parent Contract ID WELD COUNTY BACKUP EMERGENCY 10236 COMMUNICATIONS BUILDING DESIGN AND Requires Board Approval ENGINEERING SERVICES Contract Lead* YES CNAIBAUER Contract Status Department Project# CTB REVIEW Contract Lead Email cnaibauer@weld.gov Contract Description* PROVIDE DESIGN AND ENGINEERING SERVICES FOR THE 35TH TOWER EMERGENCY COMMUNICATIONS BACKUP CENTER Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date CONTRACT BUILDINGS AND Date* 01 /1 7/2026 GROUNDS 01 /21 /2026 Amount* $106,450.00 Department Email Will a work session with BOCC be required?* CM- NO Renewable* BuildingGrounds@weld.go NO Does Contract require Purchasing Dept. to be v included? Automatic Renewal Department Head Email YES Grant CM-BuildingGrounds- DeptHead@weld.gov Bid/RFP#* IGA B2500139 County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 08/31 /2026 Termination Notice Period Expiration Date* Committed Delivery Date 08/31 /2026 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 01 /23/2026 Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL CHRIS D'OVIDIO BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 01 /21 /2026 01 /22/2026 01 /22/2026 Final Approval BOCC Approved Tyler Ref# AG 012826 BOCC Signed Date Originator BOCC Agenda Date CNAIBAUER 01 /28/2026 '" �s�l FACILITIES DEPARTMENT PHONE: (970) 400-2020 � FAX: (970) 304-6532 L/I V c o U N T Y WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 December 10, 2025 To: Board of County Commissioners From: Patrick O'Neill Subject: Backup Emergency Communications Building Design & Engineering Services- B2500139 As advertised the bid is for design services for the new addition for the Backup Emergency Communications Building at 3105 35th Ave., Greeley, Colorado. The low bid is from Markley Designs, LLC, and meets specifications. Therefore, the Facilities Department recommends award for building design & engineering services for the Backup Emergency Communications Building-B2500139 to Markley Designs, LLC, for $106,450.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Director Facilities 2025-3546 1224 360021 • 1861. Weld County Finance Department � Purchasing Division 1��►'n �!�l� `� _1 bids anweld.gov V 'ti Y ' 1301 North 17th Avenue co Greeley, Colorado 80631 Bid Opening Tabulation Title: Backup Emergency Communications Building Design & Engineering Services Bid Number: B2500139 Department: Facilities Bid Opening Date: December 10, 2025 Approval Date: December 24, 2025 Vendor(s) Name Total Amount Markley Designs IIc 1019 39th Avenue, Suite L $106,450.00 Greeley, CO 80634 Cairn Design, LLC 1805 Sheely Drive $167,785.00 Fort Collins, CO 80526 Collab Architecture 9217 Eastman Park Drive, Suite 3 $138,950.00 Windsor, CO 80550 Farnsworth Group, Inc. 223 Willow Street $443,949.00 Fort Collins, CO 80524 River Valley Architects, Inc. 3024 S. Parker Road, Suite 735 Non-responsive Aurora, CO 80014 The Facilities Department is reviewing the proposals. Hello