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Home My WebLink About20260666 Con ad-IDa (Aloct FACILITIES DEPARTMENT All � : — ! (970) 400-2020 !i [% 1 105 H St., P.O. Box 758 couNTY Greeley, CO 80632 March 11, 2026 To: Board of County Commissioners From: Patrick Oneill Subject: Jail 1 East Makeup Air Unit Design & Engineering Services - B2600018 As advertised, this bid is for design services for Architectural/Electrical Design Services New Makeup Air Unit for Jail 1 East. The low bid is from Cairn Design LLC. and meets specifications. Therefore, the Facilities Department recommends award for design of the Architectural/Electrical Design Services for Jail 1 East Makeup Air Unit - B2600018 to Cairn Design LLC. for$10,450.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick Oneill Director 2026-0666 COn Senrl- .e. C c.',c)n toCA 3/23/2c0 3/73/24, g C-� 00Z3 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND CAIRN DESIGN LLC. 41 THIS AGREEMENT is made and entered into this U.) aay of MU d1 , 2026, by and between the Board of Weld County Commissioners, on behalf of Facilities Department, hereinafter referred to as "County," and Cairn 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. B2600018. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Form Revision 5-2025 Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties, and this Agreement shall be modified 2 accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $10,450.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith 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 4 with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A-VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation 5 against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance-Occurrence Form Policy shall 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 6 a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $ 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 7 required by this Agreement at any time, and such shall also be deemed confidential. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 15. Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non- renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 16. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described 8 insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 17. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 18. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 19. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 20. Indemnity. The Contractor shall indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against any and all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs, (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused in whole or in part by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or 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 9 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 10 c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Ken Caudle Position: Engineer Manager Address: 1805 Sheely Drive Address: Fort Collins, CO 80526 E-mail: ken@cairndesignllc.com Phone: 970-286-7968 TO COUNTY: Position: Patrick O'Neill Address: 1105 H Street Address: Greeley, CO 890631 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: By: 03/13/2026 Name: Ken Caudle, PE Date of Signature Title: Engineering Manager WELD TO�II�T� Y` , ATTEST: Ci�,�wA1 BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WE D COUNTY, COLORADO BY: ta _ad A ,4 i,•••.. 4l Deputy. Jerk to the Boa tr I• l . L;%•tt K. James, Chair � � -AR MAR 2 r 2r 1 Ism .1.74koz?„. . cqpir- . Z O2lp-- riC.Q Exhibit A Weld County Finance Department Purchasing Division •- , 1301 North 17th Avenue j Greeley, Colorado 80631 COUNTY Professional Services — Invitation for Bid (IFB) Cover Sheet Bid Number: B2600018 Title: Jail 1 East Make Up Air Unit-Design and Engineering Services Advertisement Date: February 4, 2026 Pre- Bid Meeting: February 18, 2026, at 9:00 am Pre- Bid Location: 2110 0 Street Greeley CO Questions Due: February 25, 2026, by 10:00 am Questions Posted: February 26, 2026, by 5:00 pm Questions email: bids ci weld.gov Bid Due Date: March 4, 2026, by 10:00 am, Purchasing's Clock Bid Delivery: Preferred email to bids(c�weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.qov Documents Included in this Bid Package IFB Schedules IFB Attachments Schedule A: Bid Instructions Attachment 1 — Trane MAU Specifications Schedule B: Scope of Work Attachment 2 —Indoor Gym Layout and Schedule C: Project Schedule Dimensions Schedule D: Bid Form Attachment 3 — Electrical Panel Schedule 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 10 Schedule D — Bid Response Form 11 Bid Submittal Instructions 11 Fees 11 Attestation 11 Schedule E — Insurance 13 Insurance 13 Insurance Mailing Information 15 Schedule F - Weld County Contract 18 Contractual Obligations 18 Weld County Standard Contract 18 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: Jail 1 East Make Up Air Unit-Design and Engineering Services A Mandatory pre-bid conference will be held on February 18, 2026 , at 9:00 am at the Weld County Jail located 2110 O Street Greeley, CO 80631. Bidders must participate and record their presence at the pre-bid conference to be eligible to submit bids. Bids will be received until: March 4, 2026 at 10:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 4, 2026 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: +1 720-439- https://teams.microsoft.com/meet/23930054451747?p=mFDiVM29cp18Sm 5261„572599959 CyDV # United States, Meeting ID: 239 300 544 517 47 Denver Passcode: 2Wu3Dy3L Phone conference ID: 572 599 959# 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 bids(weld.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 #B2600018 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. I I II. Solicitation #B2600018 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#B2600018 Page 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide design and engineering services for replacement of existing HVAC MAU unit that feeds the inmate gym exercise area. New HVAC unit will be required to have DX cooling and natural gas heating. 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 The project scope involves design and engineering services for replacing one HVAC make-up air unit at the Weld County Jail - 1 East exercise gym with a new rooftop unit. The existing unit provides heating only; the new unit must provide both heating and cooling to comply with updated regulations. The exercise space must maintain a temperature of 77°F or lower at all times. It is the engineer's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included in their bid submission. This will include all scopes outlined in the documents provided, as well as all other associated scopes needed to complete this project. Project Scope: 1. Current unit: MAU-RTU-25/Exercise - Manufacturer: Trane - Model: GRAA5OPFBF - Serial: L03A00157 2. Remove the existing gas-fired make-up air unit and replace it with a new rooftop unit capable of heating and cooling. 3. Ensure the new unit meets or exceeds all specifications outlined in this document and provides proper air distribution. 4. Design must include power exhaust system, economizer capabilities, fan wall system with VFDs, internal smoke duct detectors, and all new electrical disconnects and connections. Solicitation #B2600018 Page 6 5. The rooftop unit must fit the existing space; structural modifications may be required for curb and duct installation. 6. Include electrical design and power requirements. 7. Integrate the new unit with the building automation system, supporting control points for fan start/stop, heating/cooling stages, temperature monitoring, duct pressure, and VFD status.: VFD Control System RTU Fan Start/ Stop command. Fan Start/Stop Status Heat 1 On/Off Control Heat 2 On/Off Control Heat Status 1 Heat Status 2 Cool 1 On/Off Control Cool 2 On/Off Control Cool Status 1 Cool Status 2 Outside Air Temp Supply Air Setpoint Supply Air Temp Return Air Temp Mix Air Temp Duct Static Setpoint Control Duct Static Status VFD Command 0% to 100% Control VFD Status 8. New HVAC unit must meet or exceed current CFM ratings. 9. Include maximum heating, cooling, and electrical load calculations for space conditions. 10.Provide design for any necessary structural fabrication to accommodate the new HVAC curb. 11.Ensure compliance with all local, state, and federal regulations. Engineering & Design Responsibilities: 1. Address all project specifications and requirements in the bid submission. 2. Provide complete construction drawings and engineering documents for the new HVAC rooftop unit, including any structural or architectural changes. 3. Review existing electrical, mechanical, and plumbing conditions to determine requirements for the new unit. 4. Size and design equipment to meet space needs and comply with all applicable codes. Solicitation #B2600018 Page 7 5. Deliver a full set of 'for construction' drawings, including single-line diagrams, load calculations, panel schedules, plan and section views, mechanical, electrical, architectural, and structural drawings, and wiring schematics for system integration. - Supply final documentation in both hardcopy and electronic AutoCAD format. - Respond to RFIs and submittals during the project. - Specify any required site or factory acceptance testing. - Include specifications for air distribution and ensure compliance with provided Trane MAU specifications. 6. Design services shall include the sizing and infrastructure for the new HVAC unit as well as connection and integration into the existing building electrical systems for a complete working HVAC roof top unit for each building. 7. Design to include maximum heating, cooling & electrical loads for space conditions. 8. This bid will be for all engineering required for a final complete set of"for construction drawings". This includes any necessary documents for review and approval of the Weld County Planning department. 9. Specifications will be provided by the engineer as part of the design deliverable. Project Priority Scheduling: This will require a complete finished set of construction documents listed below. Plans / Documents: (At a minimum the county requires the following) 1. Single-Line drawings 2. Load Calculations for HVAC Unit sizing 3. Panel Schedule 4. Plan and Section Views of new equipment locations 5. Conduit routing plans if required. 6. Civil, Mechanical, Electrical, Architectural drawings as needed 7. Structural drawings as needed. 8. Electrical and Controls drawings, including wiring schematics for all new systems and connections to existing systems. 9. Complete package of vendor drawings from the approval stage through final design 10. Provide complete hard copies and electronic AutoCAD files of project final drawings to the County. 11.All related engineering calculations, QA/QC, and manufactured equipment documentation 12.All other items required by referenced codes, standards, and ordinances. Data And Information Review: The Consultant shall be responsible for researching, collecting, and analyzing relevant information needed to effectively execute this scope of work. The Consultant shall be responsible for: A. Local, state, and federal regulations. B. Weld County will provide copies of existing plans, as-needed, on a per-project basis. Computer- Aided Design (CAD)/AutoCAD copies of plans are typically NOT available. Project Summary And Report: Solicitation #B2600018 Page 8 Upon completion of construction work, the Consultant shall prepare final as-built drawings of the Project. A. Provide to Weld County one (1) hardcopy and one (1) set of PDF documents of the completed project documented along with AutoCAD files with final as-built drawings of the Project. B. 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. Solicitation #B2600018 Page 9 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date February 4, 2026 Pre-Proposal Meeting (Mandatory) February 18, 2026, at 9:00 am 2110 0 Street Greeley Colorado Technical Questions Due February 25, 2026, by 10:00 am Technical Questions email bids@weld.gov Questions Answered via Addendum February 26, 2026 Proposals Are Due March 4, 2026, by 10:00 am Purchasing's Clock Solicitation Notice of Award (Anticipated) March 16, 2026 Contract Execution (Anticipated) March 23, 2026 Form Revision 6-2025 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: Item Price Architectural Design $ Electricidal Design $ Other (Describe) $ Total Lump Sum Cost $ Please provide proposed schedule dates. Design Start Design Completion 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 B2600018. 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. Solicitation #B2600018 Page 11 Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Date of Signature Name: Title: Solicitation #B2600018 Page 12 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 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) Solicitation #B2600018 Page 13 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#B2600018 Page 14 Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non-renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Insurance Mailing Information Certificates of Insurance and endorsements shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Jeremy Duran Email: jduran(a�weld.gov Telephone: 970-400-2045 Mail: Solicitation #B2600018 Page 15 Weld County Facilities Department ATTN: Jeremy Duran PO Box 758 Greeley, CO 80632 Solicitation #B2600018 Page 16 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non- appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project-by-project basis that provide further clarification. Weld County Standard Contract Below is the standard Weld County Contract for Professional Services. Professional Service Agreement Between Weld County and [Contractor] THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of [Department], hereinafter referred to as "County," and [Contractor], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. Solicitation #B2600018 Page 18 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 #B2600018 Page 19 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 #B2600018 Page 20 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 #B2600018 Page 21 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-VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Solicitation #B2600018 Page 22 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. 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 #B2600018 Page 23 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 #B2600018 Page 24 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 # B2600018 Page 25 "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 #B2600018 Page 26 Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: Address: E-mail: Phone: 25. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 26. Non-Exclusive Agreement. This Agreement 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, 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 #B2600018 Page 27 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 #B2600018 Page 28 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 #B2600018 Page 29 Exhibit B et ll I.: --A • lit Ell CI-IITECTS ii 1 ci pp h.NGINEERS Gees d�h.y ' v JGt� oh hch� � t Guied y loedC;ohl Response to: Invitation for Bid Weld County North Jail 1 East Make-Up Air Unit Design and Engineering Services Bid Number B2600018 Submitted by: Cairn Design, LLC 1805 Sheely Drive Fort Collins, CO 80526 (970) 286-7968 Date: March 4, 2026 Summary and Statement of Understanding Statement of Understanding Cairn Design, LLC and the sub-consultants listed herein have thoroughly reviewed the issued IFB. The mandatory Pre-Proposal conference was attended by the Project Manager, Ken Caudle, and the facility was visited during this conference. The general scope, as it pertains to the design and construction of the facility is as understood below: MAU Design The project consists of the design for the replacement of the Inmate Exercise Area MAU and MAU controls at the Weld County North Jail. The project only includes Jail 1 East Exercise Area. The design will incorporate Weld County's standard building elements. Cairn Design is very familiar with the materials Weld County uses on their projects. Summary This response to the IFB is hereby submitted by Cairn Design, LLC with the following design team. Project Management, Architectural and Electrical Engineering Cairn Design is submitting this proposal and will be the prime. Cairn Design will lead all project management duties, architectural design, and electrical engineering. The primary contact will be Ken Caudle, PE. Mechanical Engineering Evolution Consulting Group will provide the mechanical design, including HVAC, plumbing, and controls. Structural Engineering The structural engineering will be provided by RMG. Capabilities, Qualifications, History and Experience Cairn Design, LLC — Architecture, Project Management and Electrical Engineering Cairn Design, LLC, started in 2017 and located in Fort Collins, Colorado provides architectural and engineering services to the Colorado Front Range. As a woman-owned small business, we specialize in municipal; commercial; ,iii ,. .b higher education; federal and local government; space planning; tenant fit- out; and telecommunications projects. We work to integrate high performance, sustainable principles in every design. With more than 50 years, it \ J j K _`I f combined, in the business, the owners of Cairn Design, LLC in Fort Collins, DESIGHEColorado offer expert in-house Architectural and Electrical Engineering services. The principals collaborated on projects for more than twenty years, prior to forming the firm. We are licensed in several states throughout the country and are qualified to add more as needed. Primary areas of expertise include telecommunications; sustainable design; and commercial, higher education, and federal and local government projects. We have broad experience in both new construction and renovation projects. Our focus is working as a team with all members of the design build process, the owners, the users, the contractors and the consultants. The project manager for Cairn Design, LLC, Ken Caudle has extensive experience in medical and lab projects, large office projects, industrial projects and municipal projects including high- end Town Hall and City Council chambers with NV, sound and recording. With his experience in the medical and lab fields Ken was chosen to lead the electrical committee to update and rewrite the 2008 edition of the Design Requirements Manual for the National Institutes of Health. He was also the engineer of record for multiple biomedical labs, operating rooms and medical facilities at NIH in Bethesda, MD and Presbyterian Hospital in Charlotte, NC. Centennial Courtrooms, DA Offices and HVAC Upgrades Justice Services Offices Weld County Jail Courtroom Building 1400—Treasurer's Offices Public Works Storage Building and Public Works Truck Parking Weld County Sheriff's Range and Classroom Probation Offices Renovations Weld County Facilities Addition and Renovation Resumes Katherine Ligon, RA, LEED AP Owner/Architect Katherine has 20 years of experience in architecture. Prior to creating Cairn Design, LLC in 2017, she worked for private consulting firms as well as the George Washington University system during her career. Her focus on planning and attention to detail has set her apart from many of her peers. As an architect, she gained valuable experience designing large, high-tech office and data center spaces for the national banks in her area. Higher education has also been a pertinent part of her design career and led her to become the Senior Planner and Campus Architect for George Washington University where she was able to work on many of the campus' varied projects. EDUCATION North Carolina State University 2000 Bachelor of Architecture REGISTRATIONS & CERTIFICATIONS Registered Architect— (RA) NC and CO LEED AP BD+C EXPERIENCE Owner/Architect— Carin Design, LLC, Fort Collins, CO Architect/Senior Planner- George Washington University, Washington, DC Architect - Allex Jordan, Washington, DC Sustainability Consultant- GreenShape, Washington, DC Architect - Chatelain Architects, Washington, DC Intern Architect/Sustainable Design Coordinator- Walter Robbs Callahan and Pierce Architects, Winston Salem, NC RELEVANT PROJECTS (PARTIAL LIST): Weld County Administration Building Construction Documents I Greeley CO Weld County Administration Building Space Planning, I Greeley CO Weld County Generator Enclosure Southeast Service Center I Firestone, CO Wachovia Linden Center I Winston-Salem, NC Weld County Treasurer's Office I Greeley, CO Weld County Public Works Storage Building, I Greeley, CO Weld County Centennial Courtrooms and DA Offices I Greeley, CO Weld County Sheriff's Range and Classroom Building I Greeley, CO Weld County Jail Courtroom I Greeley, CO Weld County Justice Services Offices I Greeley, CO Weld County Probation Offices I Greeley, CO Weld County Fleet Services I Greeley, CO Weld County Facilities I Greeley, CO Logan County Community Center Addition I Sterling, CO Ken Caudle, PE, LEED AP Project Manager/ Electrical Engineer Ken has 30 years' experience as an electrical, security, and communications engineer and has been the Engineering Manager at Cairn Design, LLC since 2017. He has and continues to provide design services for a variety of clients in the institutional, government and private sectors. He is an electrical system specialist. His responsibilities include expert technical plan/specification development, peer review and quality assurance field testing. Ken leads forensic investigations, condition surveys, field performance testing, technical report preparation and provided overall quality assurance. He is a Professional Electrical Engineer. With his experience in the medical and lab fields he was chosen to lead the electrical committee to update and rewrite the 2008 edition of the Design Requirements Manual for the National Institutes of Health. EDUCATION B.S. in Electrical Engineering Technology 1991 University of North Carolina at Charlotte REGISTRATIONS Professional Engineer (PE)— CO, NC, VA, MD, WY, CA 1999 — 1S Registration Registered Communication Distribution Designer (RCDD) 2003 - Inactive LEED AP 2004 PROFESSIONAL AFFILIATIONS Building Industry Consulting Services Inc. (BICSI) US Green Building Council EXPERIENCE Engineering Manager- Cairn Design, LLC, Fort Collins, CO Director of Engineering - PCD Engineering, Longmont, CO Electrical Department Head/Manager- Alphatec, PC, Washington, DC Electrical Engineer II - HSMM, Washington, DC Electrical Engineer- Optima Engineering, Charlotte, NC Electrical Designer- KM Armstrong Associates, Charlotte, NC Controls Designer- Combs and Associates, Charlotte, NC Controls Designer- Honeywell, Inc, Charlotte, NC EXPERTISE Medium and low voltage power distribution Building electrical systems Interior and exterior lighting Security, Access Control and CCTV Building and outside plant communications Fire alarm and control systems Project coordination Cost Estimating Field surveys and construction administration Emergency power systems RELEVANT PROJECTS (PARTIAL LIST): City of Boulder Brenton Building Office Renovation I Boulder, CO City of Boulder Church Site Programming and Design I Boulder, CO City of Boulder Fleet Maintenance Generator I Boulder, CO City of Boulder Charging Stations, Multiple Sites I Boulder, CO Weld County— Multiple Facilities Logan County Community Center Addition I Sterling, CO Weld County Fleet Services I Greeley, CO Charles Fielder, RA Project QA/QC Charles has multiple decades of experience in architecture, planning, and design for municipal educational, government, and private clients. Charles is a team leader and mentor. Charles strengths include effective oral & written communication, profitability analysis, efficient organization of teams and tasks, marketing, developing win/win solutions, proactive issue resolution, versatility, multi-tasking, self-directed, decisive, and the ability to meet tight schedules & budgets. EDUCATION University of Kansas Master of Architecture University of Kansas Bachelor of Environmental Design REGISTRATIONS Registered Architect- State of Colorado PROFESSIONAL AFFILIATIONS AIA Northern Colorado Chapter- President 2008 Fort Collins Building Review Board - Chair 1998-2006 EXPERIENCE GSG Architecture - Principal Architect 2020-2023 Thompson Schools - Architect/ Project Manager 2019-2020 Adams 12 Schools -Architect/ Project Manager 2018-2019 LBA Architects - Sr Associate / Director 2016-2017 Coover Clark -Architect/ Project Manager 2012-2016 RB+B Architects - Senior Associate /Architect/Project Manager 1996-2012 RELEVANT PROJECTS (PARTIAL LIST): Chilson Rec Center Renovations I Loveland, CO CDOT Vail Pass Rest Area I Copper Mountain, CO Fairgrounds Park I Loveland, CO North CO Water Conservancy Dist. HQ I Berthoud, CO Fossil Creek Park I Fort Collins, CO Midtown Arts Center Renovations I Fort Collins, CO US Dept of Agriculture IDIQ I MT, ND, NE, KS Summit County 2016 Bond Projects I Summit County, CO Army National Guard Readiness Ctr I Windsor, CO Weld County Fleet Services I Greeley, CO Weld County Stoneham Shed I Stoneham, CO RMG Engineers Michael McGuire, PE Project Engineering Michael has more than 15 years' experience in structural engineering and has been with RMG for almost 6 years. EDUCATION B.S. Civil Engineering with Structural Emphasis — University of Wyoming REGISTRATION Professional Engineer: Colorado Florida Washington Wyoming RELEVANT EXPERIENCE Mike has over 15 years of experience in the structural design of residential and commercial buildings, as well as retaining walls including: single-family homes, multi-family apartments, retail shops, Pre-Engineered Metal Building (PEMB) foundations, Mechanically Stabilized Earth (MSE) walls, gravity walls with segmented block, and cantilevered cast-in-place concrete retaining walls. Prior to joining RMG Engineers, Michael gained a wide range of experience as a structural analysis software developer, a mechanical engineer, and a structural engineer in Florida. His background has taught him the importance of coordination and communication with other trades, and has prepared him to take on a variety of projects. He is also proficient in the evaluating existing structures for additions and remodels. Due to the pour soil conditions across the Colorado Front Range, Michael has become an expert in a variety of foundation types, including: Frost-Protected Shallow Foundations (FPSF), stiffened slabs, post-tensioned slabs, Tella Firma foundation systems, and drilled pier and grade beam foundations. He has thorough design knowledge and experience in all four major construction materials and methods such as: concrete, steel, masonry, and timber as well as concrete tilt-up design. PROJECT EXPERIENCE Estrada I Plattville, CO Weld County Fleet Services I Greeley, CO Weld County Stoneham Shed I Stoneham, CO Evolution Consulting Group Peter D'Antonio, PE, Principal Peter has over 30 years' experience managing facility design and construction projects and brings his passion, partnership, creative thinking and commitment to maintaining schedules and budget to the team. EDUCATION University of Colorado, Boulder, CO- Master of Science in Building Systems Engineering University of Maryland, College Park, MD - Bachelor of Science in Civil Engineering REGISTRATION Professional Engineer: Colorado, Wyoming, Utah, Arizona, 14 others RELEVANT EXPERIENCE Peter is a recognized expert and invited author and speaker in high performance and net-zero energy buildings. Peter's past role as a general contractor, electrical contractor, planner, and educator give him a unique holistic understanding of design, construction and facility operations. Peter participates in planning, management and internal quality control of the firm's projects and is a professional mechanical and electrical engineer, certified commissioning professional and expert witness. PROFESSIONAL ASSOCIATIONS AND ACTIVITIES • Colorado Energy Office (CEO) - Consultant/Advisor • City of Longmont, Member- Master Board of Appeals • Association of Energy Engineers (AEE) - Board of Directors; Membership Committee Chair • United States Green Building Council (USGBC) - Board of Directors; Advocacy Chair • American Society of Heating, Refrigeration &Air Conditioning Engineers (ASHRAE)- Tech Committee TC7.6 Building Energy Performance member& Region XIII Technical Committee Society Member • IGERT (National Science Foundation Research Traineeship Program, Board of Directors • Editorial Advisory Board - Consulting-Specifying Engineer Magazine • Editorial Advisory Board - Heating, Piping, Air Conditioning Magazine Peter's work is recognized with design and service awards from various leading industry organizations such as the US Environmental Protection Agency, US Green Building Council, Colorado Energy Office, and Colorado Renewable Energy Society PROJECT EXPERIENCE Logan County Community Center I Sterling, CO Weld County Motor Pool Welding Shop I Greeley, CO Weld County Jail Grinders I Greeley, CO 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: Item Price Architectural Design $ 1,800.00 Electrical Design $ 2,600.00 Mechanical Design $ 3,250.00 Structural Design $ 2,500.00 Other (Describe) Expenses $ 300.00 Total Lump Sum Cost $10,450.00 Please provide proposed schedule dates. Design Start _March 23, 2026 Design Completion May 4, 2026 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 B2600018. 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 Solicitation #B2600018 Page 11 to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Item Entry Company Name: Cairn Design, LLC Address: 1805 Sheely Drive Fort Collins, CO 80526 Phone (970) 286-7968 Email: ken@cairndesignllc.com FEIN/Federal Tax ID #: 82-2356453 CONTRACTOR: By: 03/04/2026 Date of Signature Name: Ken Caudle, PE Title: Engineering Manager Solicitation#B2600018 Page 12 Addendum # 1 Bid Request Number B2600018 Jail 1 East Make-Up Air Unit-Design and Engineering Services 1. Currently Reads: No building drawings were attached to the original scope of work. Drawings include Structural, architectural, mechanical, & electrical. 2. Change: Jail 1 East Building Drawings-See Attachment #1-Jail East Building Drawings. 3. Currently Reads No HVAC control drawings were attached to the original scope of work. Drawings include HVAC control drawings for MAU-RTU 25. 4. Change: Jail 1 East HVAC Control Drawings-See Attachment#2 MAU-RTU 25 Control Drawings. Question & Answers 1. Question: Is the existing mechanical, electrical, and structural drawings available Answer: Yes, Weld County will provide the drawings that are available on file for the Jail East wing of the Jail. See Attachment #1-Jail 1 East Building Drawings. 2. Question: What kind of background check is required for access to as-built the jail? Does this background check need to be completed before arriving at the jail? Answer: A criminal background check is required for all individuals entering the facility, the background check may be completed prior to entering the facility. 3. Question: Is the roof under warranty? Answer: Yes, the roof is under Carlisle manufacture warranty. 4. Question: Is the roof work required to be done by a specific contractor? Answer: Only requirement is the roofing contractor will be certified in the installation of Carlisle EPDM roofing materials. 5. Question: Will Weld County accept a Trane unit to be basis of design? Answer: Yes, Trane, Carrier, or Daiken are acceptable roof top HVAC manufacturers. 6. Question: What is the existing temperature control system? Answer: Existing temperature control system is Delta Controls Version 3.4 7. Question: Is the controls work required to be done by a specific contractor? Answer: Setpoint Controls is the required contractor. 8. Question: Will specifications on the plans be acceptable or are book specifications required? Answer Specifications on plans is acceptable for this project. 9. Question: During the pre-bid meeting and site visit, we noticed the labeling of the duct detector on the existing unit. Will all current ducting stay in place throughout the replacement of existing HVAC MAU unit with the new HVAC unit with DX cooling and natural gas heating? Answer: No, new duct detectors will need to be included with the new unit. Detectors will need to be included on the supply and return of the new unit. 10.Question: Given the importance of maintaining the temperature at or below 77°F in the inmate exercise space, will a connection to emergency power be required in case of power interruption? Answer: No emergency power will not be needed for this unit. 11.Question: Are there any operational constraints given that the work will occur within an active detention facility? Should onsite personnel expect security clearance, background check, escort or other requirements? Answer: Yes, background check will be needed for all individuals. Depending on the area of the building an escort may be needed. This will be determined on a case-by-case basis depending on area of access needed. 12.Question: Please provide all available as-built and/or record drawings (mechanical, electrical, structural, architectural) for Jail 1 East, specifically the Gym served by RTU-25. Answer: Please see Attachment #1-Jail East Building Drawings. 13.Question: Please confirm the existing air volume (CFM) distribution and ventilation rates currently serving the Gym Answer: 6,000 CFM, see Attachment#1-Jail East Building Drawings. 14.Question: The existing unit is a heating-only MAU. Since the proposed unit includes DX cooling and gas heating, please confirm whether preparation of a new ductwork layout for the exercise room is included in the design scope. Answer: New duct work should be included within the design if determined the existing duct work does not meet design specifications for new roof top unit. 15.Question: If the existing ductwork is determined to be inadequate for cooling operation, should a full duct distribution redesign be included within the base lump sum? Answer: Yes, if existing ducting is determined to be inadequate redesign of the duct should be included within the lump sump of the project scope bid. 16.Question: Please confirm the required environmental design criteria for the space, Maximum temperature (<_ 77°F) and assumed Relative humidity control requirement (55% RH). Answer: Indoor gym environment must maintain temperatures under 77 degrees recommended by the Sheriffs' Department. 17.Question: Please confirm the existing service voltage and phase serving RTU-25. Answer: Please see Attachment#1-Jail East Building Drawings for reference. 18.Question: Please provide the latest electrical panel schedule for the serving panel and confirm available spare capacity. Answer: See Attachment #1-Jail East Building Drawings, page 48 for panel schedule. 19.Question: Please advise if the existing panel does not have adequate capacity for new RTU, is there any other panel available to feed from? Answer: Yes, panel EH2E has open panel space, this panel is in the same room as the panel that currently feeds RTU-25. 20.Question: Please confirm the manufacturer and current version of the existing Building Automation System (BAS). Answer: Delt Controls Version 3.4 21.Question: Will the County provide a controls contractor for system integration, or is full controls design and coordination part of this scope? Answer: Full controls design is part of the scope of work. 22.Question: Are BAS graphics updates, trending, alarm programming, and functional performance testing/commissioning support required as part of this project? Answer: Yes, all required point controls and all testing and commission requirements will need to be included in the scope of work. See recommended point controls for variable and constant volume roof top units. VFD Control System RTU Constant Volume Control System RTU Fan Start/Stop command. Fan Start/Stop command. Fan Start/Stop Status Fan Start/Stop Status Heat 1 On/Off Control Heat 1 On/Off Control Heat 2 On/Off Control Heat 2 On/Off Control Heat Status 1 Heat Status 1 Heat Status 2 Heat Status 2 Cool 1 On/Off Control Cool 1 On/Off Control Cool 2 On/Off Control Cool 2 On/Off Control Cool Status 1 Cool Status 1 Cool Status 2 Cool Status 2 Outside Air Temp Outside Air Temp Supply Air Setpoint Supply Air Setpoint Supply Air Temp Supply Air Temp Return Air Temp Return Air Temp Mix Air Temp Mix Air Temp Duct Static Setpoint Control Duct Static Setpoint Control Duct Static Status Duct Static Status VFD Command 0%to 100% Control Bypass Damper 0%to 100%Control VFD Status Bypass Damper Status 23.Question: Are energy code compliance calculations (e.g., COMcheck or equivalent documentation) required? Answer: Yes, drawings will need to be submitted to the Weld County Building Department for approval. COM-Check or equivalent documentation is required by the building department will be required to be included within the final set of stamped drawings. 24.Question: Is there detention facility—specific state or local regulations that must be incorporated into the design? Answer: All design standards must meet all state and local building codes. No, specific detention facility—specific state or local regulations need to be included within the design for the new roof top unit. 25.Question: Please clarify the anticipated level of Construction Administration services included within the lump sum (e.g., number of site visits, submittal review, RFI responses, punch list participation). Answer: Yes, a total of 8 coordination meetings and site visits need to be included within scope, work to include all submittal, RFI responses and final punch list participation. 26.Question: Are phased design submissions (30%, 60%, 90%) required, or only a final "For Construction" drawing set? Answer: Yes, phased design submissions are required. 27.Question: Is there a required design completion deadline beyond the anticipated contract execution date? Answer: No, design completion deadline for this project. 28.Question: Are there restricted construction windows due to jail operations? Answer: No, restricted construction windows for this project, all individuals entering the jail will be required to have a criminal background check. All scheduling of all construction work will need to be coordinated with the Facilities Project Team and the Sheriffs Office. 29.Question: Will HVAC shutdowns need to be phased to maintain facility operations? Answer: The gym will be closed during construction. No phasing will be required. 30.Question: Are the open web bar joist shop drawings available. Answer: Yes, bar joist is open web. Please see Attachment #1-Jail East Building Drawings for reference. 31.Question: What is the control system - Delta Control System version 4.20.238? Answer: Control system is Delta Control 3.4 32.Question: RFP says the rooftop unit must fit the existing space; structural modifications may be required for curb and duct installation. Are there any existing ductwork mains/branches or does it just dump into space? Are they looking for us to reuse the ductwork without modification or resize to provide the proper cooling/heating to meet the current space needs/peak calculated heating/cooling loads? Answer: New design is to reuse the existing ducting if possible and replace existing roof top unit with new heating and cooling unit, engineer team to determine during design. 33.Question: RFP says the new unit must provide both heating and cooling to comply with updated regulations. What regulations are they referring to? Answer: See below per Sheriff's Office. assigned. (3)Air and Temperature.Jails shall provide air circulation for housing cells; temperature standards and mechanical controls for acceptable comfort levels; and water temperature standards and controls. (a) The jail shall have fresh air circulating within living and activity areas for persons experiencing incarceration. (b) The heating system must not constitute a fire or safety hazard. (c) Cells, dormitories,dayrooms,and other areas of local correctional institutions used to house persons experiencing incarceration must be heated so that the temperature of the air inside the institution does not fall below 65 degrees Fahrenheit.These areas must be provided with a ventilating system which is maintained to prevent the Inside air temperature from rising above 85 degrees Fahrenheit. (d) Cells,dormitories,and dayrooms must be provided with natural or mechanical ventilation which admits fresh air and is sufficient to prevent the accumulation of odors,smoke, dust, harmful gases, and other contaminants. 34.Question: Please provide existing mechanical and controls drawings for review. Answer: Please see Attachment #2 MAU-RTU 25 Control Drawings. 35.Question: How is air supplied by this MAU currently being relieved from the space/building. Answer: There is a relief hood that relieves the air from the gym area, please see Attachment #1-Jail East Building Drawings, page 43 M-4. 36.Question: Are existing Architectural, MEP, and Structural drawings available? Answer: Yes, see Attachment #1-Jail East Building Drawings. 37.Question: Can you provide a link or copy of the new regulation that is requiring this HVAC upgrade? Answer: Yes, see below. riSlr;ll('(I (3)Air and Temperature.Jails shall provide air circulation for housing cells; temperature standards and mechanical controls for acceptable comfort levels; and water temperature standards and controls. (a) The Jail shall have fresh air circulating within living and activity areas for persons experiencing incarceration. (b)IThe heating system must not constitute a fire or safety hazard. (c) Cells,dormitories,dayrooms,and other areas of local correctional institutions used to house persons experiencing incarceration must be heated so that the temperature of the air inside the institution does not fall below 65 degrees Fahrenheit.These areas must be provided with a ventilating system which is maintained to prevent the inside air temperature from rising above 85 degrees Fahrenheit. (d) Cells, dormitories,and dayrooms must be provided with natural or mechanical ventilation which admits fresh air and is sufficient to prevent the accumulation of odors,smoke, dust, harmful gases, and other contaminants. 38.Question: Are any coordination meetings during design required or expected? If so, how many? Answer: Yes, a total of 8 meetings and site visits need to be included within scope. 39.Question: What is the expected duration of design and construction for this project? Answer: No, expected timeline, design completion expectations mid-summer. 40.Question: RFP document notes that CAD files are typically not provided. Would they be provided for this project or should we assume that we would need to create backgrounds to design on. Answer: CAD files are not available for this project. 41.Question: Are any other design deliverables desired besides stamped "For Construction" documents? Answer: Expected deliverables are equipment specifications and a complete set of stamped engineered drawings. 42.Question: Is it acceptable to bring an architect in as a sub in order to support any roof modifications if a new curb is required? Answer: Yes, an architect is acceptable, the added cost will be required to be part of the bid scopes lump sum for the project. 43.Question: Is it acceptable to assume existing ductwork and ventilation is sufficient, or will we need to perform new ventilation calculations to confirm? Answer: Design to include the examination of the existing ductwork and ventilation is sufficient for new roof top unit and space needs. 44.Question: RFP document says designs to "ensure compliance with provided Trane MAU specifications". However, during pre-bid walk, it was mentioned that the new MAU would not necessarily need to be Trane. Confirm it is acceptable to provide a different MAU manufacturer for this project as long as it meets or exceeds Trane specifications. Answer: Trane, Carrier, or Daiken are acceptable roof top HVAC manufacturers, as long they meet or exceed heating & cooling specifications for the existing gym space requirements. 45.Question: Is it acceptable to assume that there is sufficient capacity on the existing gas system to serve a potentially larger gas fired MAU depending on what final load calculations determine are required? Answer: Existing gas line size is 1-1/2, see page 43 of the Attachment #1-Jail East Building Drawings. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Cairn Design, LLC 03/04/2026 yeti Date of Signature Signature: Name: Ken Caudle, PE Title: Engineering Manager CAIRDES-01 CKING ACORN CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) 9/2/2025 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: PUI Agency of Colorado,Inc. ((AICNNo,Ext):(720)465-9116 P.O. Box 3412ja,Ro):(248)553$305 E-MA Littleton,CO 80161 ADDRESS:CKing@profunderwriters.com INSURER(S)AFFORDING COVERAGE NAIC• INSURER A:RLI Insurance Company 13056 INSURED INSURER B:Great American Insurance Group 16691 Cairn Design,LLC INSURERC: 1805 Sheely Drive INSURERD: Fort Collins,CO 80526 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 POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDDIYYYYI (MMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 1 CLAIMS-MADE X OCCUR PSB0007254 9/11/2025 9/11/2026 DAMAGETORENTED X PREMISES(Ea occurrencel s MED E person) XP(Any one peon) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY , LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY (EOMBIentSINGLE LIMIT S 1,000,000 _ ANY AUTO _ PSB0007254 9/11/2025 9/11/2026 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSRRE�� ONLY AUTOS BODILYOR INJURY(Per accident) $ X AUTOS ONLY X AUTOS ONLY (Perramdent4AMAGE $ UMBRELLA UAB OCCUR EACH OCCURRENCE S_ EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTIONS A WORKERS COMPENSATION X STATUTE FOR TH- AND EMPLOYERS'LIABILITY PSW0006022 5/15/2025 5/15/2026 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE YY N/A E.L.EACH ACCIDENT S FICER/MEMBER EXCLUDED? andatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liab DPPE886754 9/11/2025 9/11/2026 Each Claim 1,000,000 B Professional Liab DPPE886754 9/11/2025 9/11/2026 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Weld County,its elected officials,employees,agents,and volunteers are additional insured with respects to the General Liability. Waiver of subrogation is included. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld CountyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1150 O Street Greeley,CO 80631 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* Entity ID* New Entity? Please use the job CAIRN DESIGN LLC SUP-39527 aid linked here to add a 0 supplier in Workday. Contract Name* Contract ID Parent Contract ID JAIL 1 - EAST MAKEUP AIR UNIT DESIGN AND 10469 ENGINEERING Requires Board Approval Contract Lead* YES Contract Status CNAIBAUER CTB REVIEW Department Project# Contract Lead Email cnaibauer@weld.gov Contract Description* PROVIDE DESIGN AND ENGINEERING SERVICES TO UPGRADE AND REPLACE THE MAU IN THE JAIL 1 EAST GYM. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date CONTRACT BUILDINGS AND Date* 03/19/2026 GROUNDS 03/23/2026 Amount* 510,450.00 Department Email Will a work session with BOCC be required?* CM- NO Renewable* BuildingGrounds@weld.go NO v Does Contract require Purchasing Dept. to be included?* Automatic Renewal Department Head Email YES Grant CM-BuildingGrounds- DeptHead@weld.gov Bid/RFP#* IGA B2600018 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 06/30/2026 Termination Notice Period Expiration Date* Committed Delivery Date 06,30/2026 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 03/1 7/2026 Approval Process Department Head Finance Approver Legal Counsel MICHAEL BARANOVIC CHRIS D'OVIDIO BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/16/2026 03/17/2026 03/17/2026 Final Approval BOCC Approved Doc ID# AG 032326 BOCC Signed Date Originator BOCC Agenda Date CNAIBAUER 03/23/2026 Hello