HomeMy WebLinkAbout20251143.tiffC onl-vac-l-1 X131 to
April 15, 2025
PUBLIC INFORMATION DEPARTMENT
(970) 336-7203
1150 O St., P.O. Box 758
Greeley, CO 80632
To: Board of County Commissioners
From: Patrick O'Neill
Subject: Stoneham Grader Shed Design & Engineering Services — B2500033
As advertised this bid is for Design and Engineering Services for the Stoneham Grader
Shed. The low bid is from Cairn Design, LLC and meets specifications.
Therefore, the Facilities Department is recommending the award to Cairn Design, LLC
in the amount of $39,255.00.
If you have any questions, please contact me at extension 2023.
Sincerely,
Patrick O'Neill
Facilities Director
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PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND CAIRN
DESIGN, LLC
Y1
THIS AGREEMENT is made and entered into this Zg�day of v,1
2025, 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:
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 Request for Bid (RFB) or Request for Proposal (RFP)
as set forth in Bid Package No. B2500033.
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 3-2025
Agreement understand and agree that the laws of the State of Colorado prohibit
County from entenng into Agreements which bind County for periods longer than
one year This Agreement may be extended upon mutual wntten agreement of the
Parties
4 Termination, Breach; Cure. County may terminate this Agreement for its own
convenience upon thirty (30) days wntten notice to Contractor Either Party may
immediately terminate this Agreement upon matenal 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
matenals, 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, matenals 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 termiriliation 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 wntten authorization and acknowledgement by County for
such additional services Accordingly, no claim that the County has been unjustly
ennched by any additional services, whether or not there is in fact any such unjust
ennchment, shall be the basis of any increase in the compensation payable
hereunder In the event that viintten authorization and acknowledgment by the
County for such additional services is not timely executed and issued in stnct
accordance with this Agreement, Contractor's nghts 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
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accordingly by Change Order Any claims by the Contractor for adjustment
hereunder must be made in wnting pnor 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 pnor 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
$39,255 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 authonzing such additional
payment has been specifically approved by Weld County as required pursuant to
the Weld County Code If, at any time dunng 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 penod after December 31 of
any year, without an appropnation 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
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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 pnor written consent, which may be withheld in County's
sole discretion County shall have the nght in its reasonable discretion to approve
all personnel assigned to the Work dunng 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 to lms 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 nght (but not the
obligation) to enforce the prov,isions 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
I -
9 Ownership. All work and inforration 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 matenals obtained and/or produced in connection
with the performance of this Agreement, whether or not such materials are in
completed form, shall at all tunes be considered the property of the County _
Contractor shall not make use of such matenal for purposes other than in
connection with this Agreement without prior wntten approval of County
I
10 Confidentiality Confidential information of the Contractor should be transmitted
separatelOrom 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 confdentiahty 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 wntten 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
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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 dunng
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 dunng
completion of this work Acceptance by County of reports and incidental matenal(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 nghts under this Agreement or under the law generally
13 Insurance. Contractor must secure, before the commencement of the Work, the
following insurance covenng 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
penod For all coverages, Contractors insurer shall waive subrogation nghts 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 wntten 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, covenng all of the Contractor's employees acting within the course
and scope of their employment The policy shall contain a waiver of subrogation
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- 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 appropnate sole propnetor waiver
form
Minimum Limits
Coverage A (Workers' Compensation)
Coverage B (Employers Liability) $
Statutory
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, trustees,
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 MinimIrm 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
I
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 covenng wrongful acts, errors and/or omissions,
including design errors, if app icable, for damage sustained by reason of or in the
course of operations under th s Contract resulting from professional services In the
event that the professional liability insurance required by this Contract is wntten on
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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
Aggregate
$ 1,000,000
$ 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 wntten on a per occurrence basis
The Contractor shall provide the County with a Certificate of Insurance evidencing all
required coverages, before commencing work or entenng 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 authonzed by that insurer to
bind coverage on its behalf The Contractor shall name on the Certificate of
Insurance "Weld County, its successors or assigns, its elected officials, employees,
agents, affiliated entities, and volunteers as Additional Insureds" for work that is being
performed by 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 pnor to
commencement of work under this Agreement and remain in effect for the duration
of the project, and for a longer penod 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 matenal 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
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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 wntten on a primary basis, non-contnbutory with any other
insurance coverages and/or self-insurance carned 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 carner shall provide a
minimum of 30 days advance wntten 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 polices 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 dunng 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-descnbed
insurance prior to their commencement of the Work, or othenNise that they are
covered by the Contractor's polices to the minimum limits as required herein
8
Contractor agrees to provide proof of insurance for all such subcontractors upon
request by the County
17 No limitation of Liability The insurance coverages specified in this Agreement are
the minimum requirements, and these requirements do not decrease or limit the
liability of Contractor The County in no way warrants that the minimum limits
contained herein are sufficient to protect the Contractor from liabilities that might
anse 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 appropnate 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 nght 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 ansing out of or
recovered under the Workers' Compensation Law or ansing 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 ansing solely from the negligent or
willful acts or omissions of the County, be indemnified by Contractor from and
against any and all claims It is agreed that Contractor will be responsible for
primary loss investigation, defense, and judgment costs where this indemnification
is applicable In consideration of award of this contract, the Contractor agrees to
9
waive all rights of subrogation against the County, its officers, officials, agents, and
employees for losses arising from the work performed by the Contractor for the
County The Contractor shall be fully responsible and liable for r 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 nght 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 pnor wntten approval of County
Any attempts by Contractor to assign or transfer its rights hereunder without such
pnor approval by County shall', at the option of County, automatically terminate this
Agreement and all nghts 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 represientative of County, including the County Auditor, shall
have access to and the nght 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 Ito 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, stnkes, war, flood,
earthquakes, or Governmental actions
24 Notices. County may designate, pnor 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 sha I be deemed delivered under the following
circumstances
a) personal service by a reputable courier service requiring signature for
receipt, or
b) five (5) days following delivery to the United States Postal Service, postage
prepaid addressed to a party at the address set forth in this contract, or
c) electronic transmission via email at the address set forth below, where a
receipt or acknowledgment is required and received by the sending party, or
10
Either party may change its notice address(es) by wntten notice to the other Notice
may be sent to
TO CONTRACTOR
Name Cairn Design, LLC
Position Architectural Manager
Address 1805 Sheely Dnve
Address Fort Collins, Colorado 80526
E-mail ton@cairndesignllc com
Phone (970) 286-7968
TO COUNTY
Name Patnck O'Neill
Position Director of Facilities
Address 1105 H Street
Address Greeley, CO 80632
E-mail poneill@weld gov
Phone 970-400-2023
25 Compliance with Law. Contractor shall stnctly comply with all applicable federal
and State laws, rules and regulations in effect or hereafter established, including
without limitation, laws applicable to discnmination 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 wntten 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
appropnated 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,
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no employee of Weld County has any personal or beneficial interest whatsoever in
the service or property which s 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 junsdiction, 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, nghts, 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 nghts of action
relating to such enforcement, shall be stnctly 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 fits 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 Distnct Court shall have exclusive junsdiction 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 unauthonzed 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:
Cairn Design, LLC
By: �'� 4/15/2025
Name: Katherine Ligon, RA
Title: Architectural Manager
Date of Signature
WELD COUN Y:
ATTEST: '6:4;e4v, ;,ik, BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board
BY: (tKa6r1
Deputy Clerk to the Board
COUNTY COLORADO
APR 2 8 2025
Zo25 -t t43
Exhibit A Weld County Finance Department
Purchasing Division
1301 North 17'h Avenue
Greeley, Colorado 80631
Professional Services - Invitation for Bid (IFB) Cover Sheet
Bid Number: B2500033
Title: Stoneham Grader Shed Design and Engineering Services
Advertisement Date: February 25, 2025
Pre -Bid Meeting: March 11, 2025, at 12:00 pm
Pre -Bid Location: 41684 Marble Ave. Stoneham, CO 80754
Questions Due: March 18, 2025, by 5:00 pm
Questions Posted: March 19, 2025, by 5:00 pm
Questions email: bids@weld.gov
Bid Due Date: March 25, 2025, by 10:00 am, Purchasing's Clock
Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301
North 17th Avenue, Greeley, CO 80631
For additional information: bids@weld.gov
Documents Included in this Bid Package
IFB Schedules IFB Attachments
Schedule A: Bid Instructions None
S chedule B: Scope of Work
S chedule C: Project Schedule
S chedule D: Bid Form
Schedule E: Insurance
Schedule F: Weld County Contract
Table of Contents
Professional Services — Invitation for Bid (IFB) Cover Sheet 1
Documents Included in this Bid Package 1
IFB Schedules 1
Table of Contents 2
Schedule A - Bid Instructions 3
Purpose/Background 3
Bid Advertisement 3
Bid Submission 3
Introductory Information 3
Cooperative Purchasing 4
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 12
Schedule D — Bid Response Form 13
Bid Submittal Instructions 13
Fees 13
Attestation 13
Schedule E — Insurance 15
Insurance 15
Insurance Mailing Information 18
Schedule F - Weld County Contract 19
Contractual Obligations 19
Weld County Standard Contract 19
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:
Stoneham Grader Shed Design and Engineering Services
A Mandatory pre -bid conference will be held on March 11, 2025 at 12:00 pm at the Stoneham
Grader Shed located at 41684 Marble Ave. Stoneham, CO. Bidders must participate and
record their presence at the pre -bid conference to be eligible to submit bids.
Bids will be received until: March 25, 2025 at 10:00 am (Weld County Purchasing Time Clock).
The submitted bids will be read over a Microsoft Teams Conference Call on March 25, 2025
at 10:30 am. To join, call the phone number and enter the Conference ID provided below or
you are invited to attend the bid opening in person at the Weld County Purchasing
Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631.
Microsoft
Teams
By
Phone
Join
the
meeting
now
+1
720-439-5261„241243679#
Phone
United
conference
States,
ID:
Denver
241
243
679#
Meeting
ID:
278 863 612
551
Passcode:
j5Z2cK7h
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.ciov 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.
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
Solicitation #B2500033 Page 3
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.
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
Solicitation #B2500033 Page 4
negative impact on Weld County in the current term or in any future terms.
Solicitation #B2500033 Page 5
Schedule B - Scope of Work
Project Overview
Weld County is seeking bids for a vendor to provide Stoneham Grader Shed Design and
Engineering Services.
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
1. This bid shall include 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.
2. All new structures will need to be designed within the property lines. All setbacks to be
applied if applicable. Design to include but not limited to propane tank location, as built
locations of existing well/water, and new septic location.
3. New grader shed to be a two -bay clear span steel frame grader building with appropriate
tenant finishes.
a. The new grader shed space will be primarily shop space but will need to include a
restroom, an office, and a work bench area.
b. Grader shed to have two overhead commercial grade rollup doors.
c. Mechanical systems to accommodate the full grader building in its entirety.
d. Design to include radiant tube heaters which are thermostatically controlled.
e. Electrical design to include accommodations for grader equipment and work
bench area.
f. Design to include exterior lighting for the building and current fuel island.
g. Pneumatic system to include air compressor and fully piped distribution system.
h. In floor drainage system in each bay.
i. Low voltage pathway design to include data, access control, cameras, and
intrusion system.
4. Colors must be approved by Director of Facilities from standard color scheme.
5. Project shall include all architectural, structural engineering, site work, electrical,
mechanical, plumbing, and tenant features.
6. Demolition plans to include but not limited to the following: existing grader shed, existing
septic system, any underground utilities that may need to be moved, and propane tank, etc.
Solicitation #B2500033 Page 6
7. Design team to hire site survey company for property corners and existing buildings. Private
locates will be required for underground utilities and above ground utilities.
8. Design team to determine if existing building has a cistern and if that cistern will work with
the new construction. If not, the design team to design a cistern appropriate for the new
grader shed.
9. Consultant will be responsible for the geo technical survey and report.
10. Design to include appropriate semi -tractor trailer turn around within the site.
11.Waterwell to remain and tied into new building.
12. Design Firm to design the septic system in accordance with current codes to support the
grader shed.
13. Consultant is responsible for and shall provide specifications, stamped drawings and
engineering documents for civil, architectural, structural, mechanical, plumbing, and
electrical including fire. These documents and specifications will be used for Weld County to
seek bids for the construction phase of this project.
14. Consultant will be responsible for reviewing existing building and site conditions to best
determine what is needed to provide a complete design and engineering package.
15. Consultant is responsible for the coordination with and the design requirements of the Weld
County Planning and Building department.
16. New equipment shall be sized and designed to meet the needs of the spaces in which they
serve. Coordination with Weld County project manager will determine what systems and
requirements will be needed.
17.All design service requirements shall be a part of this contract and be all inclusive of a
complete building design for each space.
18. Consultant is required to verify that any new design and or equipment meets the needs and
functions of the building.
19. Design team to include a diesel backup generator for the new grader shed. Generator to be
design around either Generac, Cummins, or Kohler. Generator to be design for the entire
load of the new building and existing diesel fuel island.
20. Design team to design new grader shed with the intent of the old grader shed being 100%
operational until new construction is complete. This phasing to be included in the design and
bid pricing.
Scope of Services
The intent of this section is to highlight in general terms the nature and scope of the work to be
performed.
Design Services
1. Provide a design for the project.
2. Provide structural fill analysis and design for fill of building/s area. Pre Geotechnical Report.
3. Civil engineering and site planning, as required.
4. Prepare submittals to governing agencies for approval.
5. Provide a schematic design package.
6. Provide a design development package.
7. Provide full and complete construction documents.
8. Provide construction administration/consultation.
9. Attend weekly design and construction meetings.
10. Prepare building permit submittal and assist in obtaining the permits. Make Building
Inspection Department requested revisions.
11. Provide a design schedule.
Solicitation #B2500033 Page 7
12 Include all costs for architectural design services, programming, civil engineenng, structural
engineering, mechanical engineering, electrical engineering, and all other "consultant" fees
in the proposal
13 Coordinate surveys and other design activities All costs shall be included in bid
Plans / Documents'
(At a minimum the county requires the following)
Architectural Plans
Civil and Site Plans
Geotechnical Report
Septic Design
Structural Plans
Door / Door Hardware Schedule
Mechanical Plans
Electncal Plans
Fire Alarm & Suppression (If needed)
Plumbing Plans
Electncal
Provide complete hardcopies and electronic AutoCAD files of project final drawings to the
County
All related engineering calculations, QA/QC, and manufactured equipment documentation
Any and 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
1 Familiarizing themselves with applicable local, state, and federal regulations
2 The consultant project manager shall be the pnmary point of contact and coordinate work
effort, resources, communication's, document production, and billing on behalf of the
consultant and team members
3 Consultant shall conduct a project kickoff meeting with the County Project Team, including a
site visit to thoroughly review existing conditions and facility's needs
4 Working with County personnel and attending a weekly design meeting in person at the
Weld County Facilities building at 1105 H Street, Greeley Colorado At a minimum this will
be through the design phase until complete and a minimum of ten meetings throughout the
construction phases of the project
I
Facility Design and Construction Contract Documents
The Consultant shall prepare a full and complete set of construction contract documents for this
project The Consultant shall provide the following as part of this task
1 Design Process Develop plans and specifications for County Project Team review and
comment At each review step, the County Project Team will consolidate comments into one
(1) package and provide to consultant for review
a Schematic Design (30')/0 complete) — Provide schematic design drawings for review
and comment by County Project Team
Solicitation #82500033 Page 8
b Design Development (60% complete) — Provide draft plans and specifications for
review and comment by County Project Team Participate in preliminary plan review
meeting with County Building Inspections staff (Planning Department)
c permit/Construction Documents (100% complete) — Provide two full and complete
sets of documents for permit review by Weld County Building Inspection (Planning
Department) These full and complete set of construction contract documents will
allow the County to solicit bids for actual construction of the project, Provide one
complete set in PDF and hard copy to the Facilities Department
2 Architectural Design Produce architectural plans for building structures Guide selection of
extenor and intenor finishes, interior design, and office space layout This process will require
close coordination with Facilities Department staff to optimize the layout and details of building
' spaces In general, building structures shall be designed to maximize resiliency, minimize long
term life cycle costs, and consider sustainable elements
3 Civil Design Produce civil design plan and specifications should the project scope require,
including, plans for existing conditions, grading plans, pavement layout and section design, civil
details, water supply plans (may include supply well), wastewater disposal plans (may include
septic system), drainage plans, electncal and natural gas utility plans, erosion control plans, and
post -construction stormwater detention and water quality plans, Municipal Separate Storm
Sewer System (MS4) through Colorado Department of Public Health and Environment
(CDPHE)
4 Structural Design Produce structural plans and specs in compliance with all state and local
building codes
5 Mechanical, Electncal, and Plumbing Design Produce mechanical, electncal, and plumbing
plans in compliance with all State and Local building codes to provide fully functional facilities
upon completion of construction Items to include but are not limited to the following heating
ventilation and air conditioning plans, specs, equipment schedules and control systems,
plumbing plans, specs and equipment and fixture designation for water supply and wastewater
disposal, electrical plans, specs, schedules and diagramming for power, lighting, and provisions
for emergency standby power generation, if needed
6 Telecommunications and data connectivity will be coordinated by County Information
Technology (IT) staff through a separate process The design team for this proposal will only be
responsible for identifying electncal boxes and conduit locations which will be identified by the
County project team The actual wiring and integration of technology components (excluding
HVAC Controls will be performed by County staff through separate procurement processes
7 Base bid shall include Construction Administration (CA) fees for reviewing and providing
clarification for shop drawings, Requests for Information, change orders, and weekly one- hour
on -site Owner -Architect -Contractor (OAC) meetings The duration for OAC meetings shall use 6
months for base bid For additional CA work, identify the hourly rate in table below
8 Revit or BIM modeling is not required However, final CAD of all designs and as-budts will be
provided to the County
Solicitation #62500033 Page 9
Project Summary and Report:
Upon completion of construction work, the Consultant shall prepare final as -built of the Project
1 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 of the Project
2 Conduct a post -meeting debnefing discussion with the County Project Team
Use of Sub Consultants'
The proposer shall indicate in their bid any work intended to be performed by sub- consultants or
persons outside of the firm The proposer shall name the sub -consultants, if known, at the time of
bid submittal
Qualifications & Insurance
Qualifications and insurance, at a minimum, should include the following
1 The consultant(s) must have Architect(s)/Engineer(s) current State license(s)
2 Must carry Professional liability insurance (PLI), also called professional indemnity insurance
(PII) but more commonly known as errors & omission
Bid Submittal:
Please submit your bid, addressing each of the following items in the order as outlined below As
time is of the essence, brevity is appreciated Proposers should provide only the information
requested, and present it in a clear, concise manner Incomplete bids may be rejected
1 Signed signature page of this RFB
2 Summary of the bid, including Statement of Understanding showing familianty with the Scope of
Work
3 Organizational chart and resumes of all key staff and core staff that will be involved with providing
services, including
a Identify who will act as the pnmary contact person to Weld County for this project
b List specific personnel proposed for the project team and provide a resume for each of your
proposed team members along with a copy of current state licensing for each architect or
engineer
4 Proposed Project Schedule
a Describe how your firm handles ,the vanous communications, including meetings and project
schedules, to keep the project running smoothly
b Descnbe how your firm can respond to quick -hitting design requests requiring turnaround
times to be expedited in some instances
5 Statement of consultant's intent to sublet portions of the work, identifying what is intended to be
Solicitation #B2500033 Page 10
sublet
a Include the name of the sub -consultant and a statement of qualifications of the sub -
consultant
Solicitation #B2500033 Page 11
Schedule C - Procurement Schedule
Below is the anticipated schedule for procurement of this solicitation:
Advertisement Date
Pre -Proposal Meeting (Mandatory)
Technical Questions Due
Technical Questions email
Questions Answered via Addendum
Proposals Are Due
Solicitation Notice of Award (Anticipated)
Contract Execution (Anticipated)
Notice to Proceed (Anticipated)
Completion
February 25, 2025
March 11, 2025, at 12:00 pm
41684 Marble Ave. Stoneham, CO
March 18, 2025, by 5:00pm
bids(c�weld.gov
March 19, 2025
March 25, 2025, by 10:00 am
Purchasing's Clock
April 14, 2025
April 28, 2025
April 28, 2025
June 30, 2025
Solicitation #B2500033 Page 12
Schedule D - Bid Response Form
Bid Submittal Instructions
The following items must be completed and submitted with your bid on or before the bid
opening deadline of 10:00 am on March 25, 2025:
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
Civil
$
Structural
$
Architectural
$
Mechanical
$
Total
Lump
Sum
Cost
$
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 No. #B2500033.
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 #B2500033 Page 13
Item
Company Name
Address
Entry
Phone
Email
FEIN/Federal Tax ID #
CONTRACTOR
By
Name
Title
Date of Signature
Solicitation #B2500033
Page 14
Schedule E — Insurance
Insurance
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)
Coverage B (Employers Liability)
Statutory
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, trustees, 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
Products/Completed Operations Aggregate
Each Occurrence Limit
Personal/Advertising Injury
Automobile Liability Insurance
$
$
$
1,000,000
1,000,000
1,000,000
1,000,000
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
Solicitation #B2500033 Page 15
covenng 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 wntten 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 penod will be exercised for a penod of two (2)
years beginning at the time work under this Contract is completed
Minimum Limits
Per Loss
Aggregate
$ 1,000,000
$ 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 orentenng 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 authonzed by that insurer to bind coverage on its
behalf The Contractor shall name on the Certificate of Insurance "Weld County, its successors
or assigns, it's elected officials, employees, agents, affiliated entities, and volunteers as
Additional Insureds" for work that is being performed by 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 pnor to
commencement of work under this Agreement and remain in effect for the duration of the
project, and for a longer penod 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 nght 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 vanation 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 wntten on a pnmary basis, non-contnbutory with any other insurance coverages
Solicitation #B2500033
Page 16
and/or self-insurance carried by the County.
The Contractor shall advise the County in the event any general aggregate or other aggregate
limits are reduced below the required per occurrence limit. At their own expense, the
Contractor will reinstate the aggregate limits to comply with the minimum requirements and
shall furnish the County with a new certificate of insurance showing such coverage is in force.
Commercial General Liability Completed Operations coverage must be kept in effect for up to
three (3) years after completion of the project. Contractors Professional Liability (Errors and
Omissions) policy must be kept in effect for up to three (3) years after completion of the
project.
Certificates of insurance shall state that on the policies that the County is required to be named
as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance
written notice to the County for cancellation, non -renewal, suspension, voided, or material
changes to policies required under this Agreement. On all other policies, it is the Contractor's
responsibility to give the County 30 days' notice if policies are reduced in coverage or limits,
cancelled or non -renewed. However, in those situations where the insurance carrier refuses to
provide notice to County, the Contractor shall notify County of any cancellation, or reduction in
coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to
that effect.
The Contractor agrees that the insurance requirements specified in this Agreement do not
reduce the liability Contractor has assumed in the indemnification/hold harmless section of this
Agreement.
Failure of the Contractor to fully comply with these requirements during the term of this
Agreement may be considered a material breach of contract and may be cause for immediate
termination of the Agreement at the option of the County. The County reserves the right to
negotiate additional specific insurance requirements at the time of the contract award.
16. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above -described insurance prior to their
commencement of the Work, or otherwise that they are covered by the Contractor's policies to
the minimum limits as required herein. 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.
Solicitation #B2500033 Page 17
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: Alex Engelbert
Email: aengelbert@weld.gov
Telephone: 970-400-2043
Mail:
Weld County Facilities Department
ATTN: Alex Engelbert
PO Box 758
Greeley, CO 80632
Solicitation #B2500033 Page 18
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 aproject-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 #B2500033 Page 19
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 Request for Bid (RFB) 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 -
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.
Solicitation #B2500033 Page 20
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
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
Solicitation #B2500033
Page 21
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 pnor
written consent, which may be withheld in County's sole discretion County shall have the nght
in its reasonable discretion to approve all personnel assigned to the Work dunng 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 Courlity 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 stliall 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 matenals are in completed form, shall at all times be considered the
property of the County Contractor shall not make use of such matenal for purposes other than
in connection with this Agreement without pnor wntten 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 wntten permission from the County Contractor
agrees to advise its employees, agents, and consultants, of the confidential and propnetary
nature of this confidential information and of the restrictions imposed by this Agreement
11 Warranty. Contractor warrants thattheWork 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 expenences
additional costs dunng project construction which are directly associated with errors and
omissions (professional negbgence) 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
Solicitation #B2500033
Page 22
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 dunng completion of this work
Acceptance by County of reports and incidental matenal(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 covenng all operations, goods, and services provided pursuant to this Agreement, and
shall keep the required insurance coverage in force at all times dunng the term of the Agreement,
or any extension thereof, and dunng any warranty penod For all coverages, Contractor's insurer
shall waive subrogation nghts 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 wntten 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,
covenng 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, trustees, 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 "
Solicitation #B2500033 Page 23
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
covenng 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 wntten 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 penod of two (2)
years beginning at the time work under this Contract is completed
Minimum Limits
Per Loss
Aggregate
$ 1,000,000
$ 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 wntten on a per occurrence basis
The Contractor shall provide the County with a Certificate of Insurance evidencing all required
coverages, before commencing work or entenng 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 authonzed by that insurer to bind coverage on its
behalf The Contractor shall name 'on the Certificate of Insurance "Weld County, its successors
or assigns, its elected officials, employees, agents, affiliated entities, and volunteers as
Additional Insureds" for work that is� being performed by the Contractor
Solicitation #82500033
Page 24
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 pnor to
commencement of work under this Agreement and remain in effect for the duration of the
project, and for a longer penod 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 matenal 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 nght 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 wntten on ,a pnmary basis, non-contributory with any other insurance coverages
and/or self, -insurance carned 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
wntten notice to the County for cancellation, non -renewal, suspension, voided, or matenal
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 carner 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 matenal breach of contract and may be cause for immediate
termination of the Agreement at the option of the County The County reserves the nght to
Solicitation #B2500033 Page 25
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 pnor 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 lequirements 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 anse out of the performance of the
Work under -by the Contractor, its agents, representatives, employees, or subcontractors The
Contractor shall assess its own nsks and if it deems appropnate 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
nght 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 ansing out of or
recovered under the Workers' Compensation Law or arising out of the failure of such
contractor to conform to any feder4 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 pnmary loss investigation, defense, and judgment costs where this
indemnification is applicable In consideration of award of this contract, the Contractor agrees
to waive all nghts 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 responsiblei and liable for any and all injunes 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
Solicitation #B2500033
Page 26
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
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:
Solicitation #B2500033 Page 27
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
e nforced 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
e nforcement, 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
e ntity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
Solicitation #B2500033 Page 28
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 Distnct 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 wntten notanzed 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
Name
Title
Date of Signature
WELD COUNTY
ATTEST BOARD OF COUNTY COMMISSIONERS
Solicitation #B2500033 Page 29
Weld County Clerk to the Board
BY
Deputy Clerk to the Board
WELD COUNTY, COLORADO
Solicitation #82500033
Page 30
CAIRN DESIGN, IIC
eace.,,f"A Hounamt bwilat, aketom
Exhibit B
Response to:
Invitation for Bid
Stoneham Grader Shed
Design and Engineering
Services
Bid Number B2500033
Submitted by:
Cairn Design, LLC
1805 Sheely Drive
Fort Collins, CO 80526
(970) 286-7968
Date: March 25, 2025
Su z nary and State R e t ®f Unde rst:' ndong
Statement of Understanding
Cairn Design, LLC and the sub -consultants listed herein have thoroughly reviewed the issued
IFB and all addenda The mandatory) Pre -Proposal conference was attended by the Protect
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
Grader Shed
The project consists of a new two bay pre-engineered metal building on a developed site in
Weld County, CO The building will provide shop / vehicle storage space, storage, work
stations, and restroom The site will include all drives, parking areas, fuel island, and storm
water management
The design will incorporate Weld Couinty's standard building elements such as finishes, colors,
door hardware, keying, card access, etc 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 pnme Cairn Design will lead all project
management duties, architectural design, and electrical engineering
Mechanical and Plumbing Engineering
Fry Engineenng
Structural Engineering
RMG Engineers
Civil Engineering
i2 Consultants, Inc
Team History
The principals of Cairn Design have been working on projects together since the mid 1990's
They have been consultants on eachI other's projects periodically dunng this time and decided
to create Cairn Design, LLC in 2017 Cairn Design has teamed with Fry Engmeenng and i2
Consultants on several Weld County projects periodically over the years Cairn Design and
RMG have worked as consultants on, projects together
The primary contact will be Ken Caudle, PE
Organizational Chart
Project Management
Cairn Design, LLC
Ken Caudle, PE
QA/QC
Cairn Design. LLC
Charles Fielder, RA
Civil Engineering
12 Consultants
Troy Campbell, PE
I
Drafting and Support
Planning/Architecture
Design, ADA
Cairn Design. LLC
Katherine Ligon. RA
Stn.ctural Engineering
RMG Engineer's
Mark Weidhass, PE
Drafting and Support
Drafting and Support
Electrical and Low Voltage
Engineering
Cairn Design, LLC
Ken Caudle, PE
Drafting and Support
Mechanical/Plumbing Engineering
Fry Engineering
Shane Fry, PE
Drafting and Support
Capabilities, Qualifications, History and Experience
Cairn Design, LLC — Architecture, Project Management and Electrical
Engineering
I 1\
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;
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,
combined, in the business, the owners of Cairn Design, LLC in Fort Collins,
Colorado offer expert in-house Architectural and Electrical Engineering
ritito-IeA ,l.:RttM. .x,v,4t4�5 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 AN, 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
Fry Engineering - Mechanical and Plumbing Engineering
Fry Engineering offers over 25 years' experience in a combination of
areas. This experience enables Fry Engineering to provide high
quality design work that meets project and code requirements. Our
principal's experience in mechanical contracting and air balancing
fields gives us the ability to assess feasibility, cost and ease of
implementation from a contractor's prospective. This combined with
skills in design, consulting and project commissioning results in
superior design for our clients.
Fry Engineering, Inc. offers you a wide array of capabilities and experiences that make us a
valuable addition to your team and the perfect choice for your next project.
Fry Engineering, Inc. provides HVAC and Plumbing engineering, design and consulting
services for projects throughout Colorado. Our firm covers a wide variety of commercial and
industrial projects including; restaurants, retail spaces, commercial kitchens, offices, schools,
hospitals and manufacturing facilities.
Fry Engineering, works ardently throughout the project to ensure the clients' needs,
expectations and project specifications are met. We offer a full range of HVAC and Plumbing
design services including: Site Analysis, Existing Building System Analysis, Schematic Design,
Design Development, Construction Document Production, and Building Performance Analysis.
Fry Engineering has experience working with Weld County on the 2019 On -Call contract and
provided design and construction administration services for:
Centennial Courtrooms HVAC Upgrades
Building 1400 — Treasurer's Offices
Public Works Storage Building
Weld County Sheriff's Range and Classroom
Probation Offices Renovations
Weld County Facilities Addition and Renovation
RMG Engineers - Structural Engineering
RMG Engineers has provided professional services in Colorado
RIALVdn
since 1986 We stand out as the premier choice for geotechnical,
ENGINEERS-geologic/environmental, structural, forensic, and construction
materials testing services along the Colorado Front Range Our
extensive experience and commitment to excellence make us a trusted partner for
your engineering needs
Since 1986, RMG Engineers has been influential in shaping engineering projects
throughout Colorado What makes us unique is our balance between maintaining
robust technical standards, while promoting a creative approach to our designs
and recommendations We prioritize people and client satisfaction, listening
carefully and handling each project with care RMG is known for solving problems
effectively and turning creative ideas into reality Our team is dedicated to
delivering professional services with solid technical expertise, staying updated on
industry trends, and focusing on customer needs We strive to deliver reliable and
accurate information for residential and commercial construction and development
projects
RMG's Structural Engineers have been providing Commercial Structural
Engineering services since 2001 We work with many architects, contractors and
developers providing office, institutional, industrial and specialty design services
As we enter our 5th decade, RMG Engineers has built a solid foundation of _
knowledge and industry experience Our long-standing presence in the field
translates into a deep understanding of engineering challenges and solutions,
ensuring reliable and effective results
We offer a full spectrum of engineering services This breadth of expertise allows
us to tackle complex projects with a cohesive and integrated approach
We utilize the latest technology and methodologies to ensure precise analysis,
efficient design, and thorough testing Our commitment to adapting industry
advancements conveys superior results
Our history of successful projeicts and satisfied clients speaks volumes about our
ability to deliver high -quality, reliable engineering solutions
Based solely in Colorado, we possess an extensive understanding of our unique
geological/environmental conditions and challenging structural design
requirements This enables RMG to provide solutions tailored to local needs
We have redoubled our efforts to developing a comprehensive scope of services
in our proposals, meeting promised deadlines, providing continuous
communication and keeping change orders to a minimum
RMG Engineers is now an ESOP company Each Team Member has a stake in the
success of the company, hence, each will take that extra step to provide the
excellent service needed to keep our clients coming back'
i2 Consultants, Inc.- Civil Engineering
Troy Campbell, owner of i2 Consultants, Inc., has more
than 26 years of diverse civil engineering experience.
Troy formed i2 Consultants, Inc. in early 2020, as there
was an opportunity in civil engineering to provide
excellent and timely service for land development and
municipal clients and projects throughout Colorado.
1
2
Consultants, Inc.
12 Consultants, Inc. provides civil engineering design for multiple private and municipal projects
such as the following:
Fort Collins Montessori School, Fort Collins, Colorado. The project was also constrained by
existing utilities adjacent to the project and is adjacent to two (2) arterial roadways. The site
improvements included the building, parking areas, accesses and landscaping. The civil
engineering design included utilities, roadway widening, detailed site grading, erosion control,
low impact development and detention pond design.
Frederick -Firestone Fire Protection District Station No. 4, Frederick, Colorado. The site needed
to be raised out of the floodplain in order to become a buildable lot. The site improvements
included the building, parking areas, accesses and landscaping.
Berthoud Public Works Building. This project consisted of the civil engineering design for a
single metal building with accesses on three sides. The site improvements included the building,
parking areas, accesses and landscaping. The civil engineering design included utilities,
detailed site grading, erosion control and drainage.
Town of Firestone Town Hall Building Addition, Firestone, Colorado. The site improvements
included the building addition, parking areas, accesses and landscaping. The civil engineering
design included utilities, detailed site grading, erosion control and drainage. The existing
elevations around the building consisted of significant grade changes and created challenges to
design the addition at the same finished floor elevation as the existing building.
Campus Style Industrial Development, Northern Colorado. This project consisted of the civil
engineering design for three (3) metal buildings. The site improvements included the buildings,
parking areas, accesses and landscaping. The civil engineering design included utilities,
detailed site grading, erosion control and drainage. The project followed a Site Plan process and
planning was required for future phases in an effort to accommodate the phased development.
Weld County Facilities Addition and Renovation
Weld County Communications Parking Lot Rework
Weld County Chase Building Parking Lot Rework
Resumes
Cairn Design, LLC
Katherine Ligon, RA, LEED AP
Owner/Architect
Kathenne has 20 years of experience in architecture Pnor 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' vaned projects
EDUCATION
North Carolina State University
Bachelor of Architecture
REGISTRATIONS & CERTIFICATIONS
Registered Architect — (RA) NC and CO
LEED AP BD+C
2000
EXPERIENCE
Owner/Architect — Cann 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
Weld County Administration Building
Weld County Administration Building
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 Gree/ey CO
Weld County Facilities I Greeley CO
Logan County Community Center Addition I Sterling, CO
LIST)
Construction Documents I Greeley CO
Space Planning, I Greeley CO
Ken Caudle, PE, LEER 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 vanety of clients in the institutional, government and private
sectors He is an electncal 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
expenence in the medical and lab fields he was chosen to lead the electncal committee to
update and rewnte the 2008 edition of the Design Requirements Manual for the National
Institutes of Health
EDUCATION
B S in Electncal Engineenng Technology
University of North Carolina at Charlotte
REGISTRATIONS
Professional Engineer (PE) — CO, NC, VA, MD, WY, CA
Registered Communication Distnbution Designer (RCDD)
LEED AP
PROFESSIONAL AFFILIATIONS
Budding Industry Consulting Services Inc (BICSI)
US Green Budding Council
1991
1999 —1st Registration
2003 - Inactive
2004
EXPERIENCE
Engineering Manager - Cairn Design, LLC, Fort Collins, CO
Director of Engineenng - PCD Engineenng, Longmont, CO
Electncal Department Head/Manager - Alphatec, PC, Washington, DC
Electncal Engineer II - HSMM, Washington, DC
Electncal 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
Intenor and extenor lighting
Building and outside plant communications
Project coordination
Field surveys and construction administration
RELEVANT PROJECTS (PARTIAL LIST)
City of Boulder Brenton Budding 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
Budding electncal systems
Secunty, Access Control and CCTV
Fire alarm and control systems
Cost Estimating
Emergency power systems
Charles Fielder, RA
Project QA/QC
Charles has multiple decades of experience in architecture, planning, and design for municipal
educational, government, and pnvate clients Charles is a team leader and mentor Charles
strengths include effective oral & wntten communication, profitability analysis, efficient
organization of teams and tasks, marketing, developing win/win solutions, proactive issue
resolution, versatility, multitasking, 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 Budding 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)
Chdson 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 Agnculture IDIQ I MT, ND, NE, KS
Summit County 2016 Bond Projects I Summit County, CO
Army National Guard Readiness Ctr I Windsor, CO
Fry Engineering
Shane Fry, PE,
FryCo Systems, Inc and Fry Engineering, Inc , Fort Collins, CO
President 2000 — present
Pnncipal Mechanical Engineer
Qualifications
Colorado Licensed Professional Engineer
Wyoming Licensed Professional Engineer
National Balancing Institute certification
Commercial air balancing and systems diagnostics certification
Mechanical Contractor licenses in multiple junsdictions
ASHRAE Full Member (American Society of Heating, Refngeration, and Air Conditioning
Engineers)
ASPE Full Member (American Society of Plumbing Engineers)
Education
University of North Dakota (UND) B S in Mechanical Engineenng and a Minor in Math -
Graduated with honors
Engineering Responsibilities
HVAC/R Design - Designing high performance and energy efficient HVAC systems for a wide
range of municipal, commercial, industrial, and institutional clients These systems include
complex multi -zone systems to simple single roof top unit (RTU) systems I routinely perform
heating and cooling load calculations as well as duct design calculations A few of the systems
and technologies I work with include precision DOAS (Dedicated Outdoor Air System) units,
variable speed compressors, Demand Control Ventilation systems, Commercial Kitchen
Ventilation Systems (Hood Systems), VAV systems, hydro= heating and cooling systems,
comfort heating and cooling systems, walk-in cooler and freezers, process ventilation, and
building management systems for HVAC control My engineering expenence is vaned and
extensive Our HVAC projects include new construction, remodels, repair, and alteration My
recent design experience includes a wide vanety of municipal design projects for Weld County,
CO
Plumbing Design - I regularly design high performance and efficient Plumbing systems for our
municipal, commercial, industnal, and institutional clients My scope of plumbing design work
includes domestic hot and cold -water systems, drain / waste / vent systems, sanitary and
grease sewer, grease traps, hot water recirculation systems, fuel gas systems, water storage
and pumping systems, and building water service
RMG Engineers
Mark VVeidhaas, PE
Senior Prncipal Structural Engineering
Steven has more than 40 years' experience in structural engineenng and has been with RMG
for 22 years
EDUCATION
B S S D , Penn State University, 1983
REGISTRATION
Professional Engineer
Colorado
Arkansas
Arizona
Kansas
Utah
RELEVANT EXPERIENCE
Mark Weidhaas is a Senior Principal land Senior Structural Project Manager for major projects at
RMG He provides oversite and design team management for projects in Colorado His
background includes structural design of commercial structures up to 5 -stories tall He is an
expert with the design of structural 1 steel, masonry, wood, and precast concrete construction
materials
He is an advocate for Professional Engineering with his 31 years of active membership in the
National Society of Professional Engineers (NSPE) He was Colorado State President 2006-07,
National Colorado Representative 2010-18, and awarded Fellow Grade Membership in 2010
Mark has been the lead engineer for commercial projects of all sizes and degrees of complexity
in Colorado and across the U S He approaches each project with full engagement, utilizing his
expenence and clanty achieved with decades of construction design knowledge of the unique
construction practices seen within the 14 states that he is licensed to practice engineering
PROJECT EXPERIENCE
Weidner Field Switchbacks Stadium Colorado Spnngs, CO
West Edge UCCS Student Housing I Colorado Spnngs, CO
City of Colorado Spnngs Admin Building Parking Garage I CO
Patnot Business Park Corp Office Building I Colorado Spnngs, CO
Troy W. Campbell, PE
President/Senior Project Engineer i2 Consultants, Inc - Civil Engineering
Mr Campbell has more than 26 years of diverse civil engineering expenence Troy formed i2
Consultants, Inc in early 2020
EDUCATION
B S , Civil Engineering, Gonzaga University — Spokane, WA
M B A , Colorado State University — Ft Collins, CO
REGISTRATION
Professional Engineer Colorado
PROJECT EXPERIENCE
Mr Campbell's expenence extends across the Front Range of Colorado and into mountain
communities
The following accomplishments are representative of Troy's project abilities relevant to this
proposal
Fredenck-Firestone Fire Protection Distnct Fire Station No 4, Fredenck, CO
Thornton Fire Department Warm Vehicle Storage Budding, Thornton, CO
Town of Firestone Public Works Building Addition Water Quality, SWMP and Drainage
Design, Firestone, CO ,
Town of Firestone Town Hall Building Addition, Firestone, CO
Berthoud Public Works Building, Berthoud, CO
High Plains Library District Gdcrest, CO
High Plains Library Distnct Building Addition, Greeley, CO
Wiggins School Distnct, Wiggins Campus — Wiggins, CO
3rd Street Roadway and Utility Design, Mead, CO
Agfinity/Cenex Site Redevelopment, Greeley, CO
Agfinity Station Mead, Mead, CO
East Countylihe Road Bndge over St Vrain Creek, Boulder County, CO
83rd Street Bridge over the Little Thompson River, Boulder County, CO
Sunset Street Bndge over the St Vrain Creek, Longmont, CO
Maplewood Lot 3, Block 3 Office Development, Eaton, CO
Loveland Ford, Loveland, CO
Greenndge Site Development, Windsor, CO
St Cloud Office Budding Development, Loveland, CO
Greendale Site Development (3 buildings), Windsor, CO
Coyote Gulch Neighborhood Park, Windsor, CO '
Logan County Community Center, Sterling, CO
Weld County Chase Building Parking Lot Resurfacing, Greeley, CO
Agfinity Greeley, Site Reconstruction, Greeley, CO
Schedule and Approach
From the kick-off meeting through design, the team will transfer the knowledge of what the client
and end users require in their facilities and use this information to develop a design that meets
the needs of the occupants at the butlgets set by the funding This information will be
ascertained by weekly meetings, interviews, and design charettes The flow of information in
both directions and effective communication will allow the design team to actively massage the
design to benefit of the project and keep the client informed of design changes as they happen
The Cairn Design, LLC project manager, Ken Caudle, will be a consistent presence throughout
design and construction By having this constant point of contact, the team will be able to
ensure the flow of information and receive positive feedback from the end users If necessary,
the project manager will record and issue meeting minutes and develop a Design Progress Log
that will include the proposed design schedule, information required for the design, the
responsible party, due date, schedule impact and completion date Copies of the Design
Progress Log will be provided to everyone on the team pnor to the weekly design meetings
Meeting minutes will be kept by the project manager and issued to the team after each weekly
design meeting The design schedule will be updated weekly and any delays noted
The list of deliverables is noted in the proposed schedule, however, the design team will provide
current sets of plans at each weekly meeting to review with the County These plans will be
notated and marked up dunng each meeting in order to ensure the design progresses and all
comments are incorporated before the next meeting
Full size pdf sets of the design documents will be provided at the milestone DD and SD
submissions Smaller print outs will be provided at the weekly design meetings for review and
mark-ups Full size pdf and hard copy Of necessary) of signed and sealed drawings and
specifications will be provided at the design completion for permit and construction As -built
drawings, CAD files and specifications will be provided at the end of construction
For the new construction portion, the architectural team will develop the building plans to
incorporate the required user and equipment spaces Once the building layout is firm, the
building plans will be shared with the consultants for their use in designing the site, structural
and MEP plans
The protect manager will constantly rl view the documents dunng design for quality control and
coordination
With multiple pre-engineered metal buildings, shop spaces, office and tenant improvement
protects between them, the design t+m can develop a fully functional, modern building to last
the County decades Special attention will be given to ensure the buildings are designed with
the robustness necessary for longevity in their intended use
Having provided several project design services for Weld County, the design team understands
the needs of the County and the desire to standardize on finishes and budding elements We _
know the colors, matenals, fixtures, hardware and equipment the County uses and have a tned
and true specifications to ensure the County receives what is required during construction
Proposed Schedule
The main point of contact for the project will be the Cairn Design project manager, Ken Caudle
The project manager will attend all design and construction meetings and be involved
throughout the entire project All_correspondence between the design team, sub -consultants,
equipment providers and the owner's team will include or originate with the project manager
Cairn Design has increased their production staff to handle the increased workload and any
possible future projects and/or scope changes Cairn Design has also chosen and contracted '
with sub -consultants with the expenence and manpower to address any quick turnaround
requests Cairn Design and the rest of the design team understands and has worked through
the addition and priontizing of projects dunng the previous on -call contracts with Weld County
The project team anticipates following the schedule in the IFB and will attempt to condense the
time frame
Contract Execution
Schematic Design
Design Development
Construction Documents
Apnl 28,2025
May 16, 2025
June 13, 2025
June 30, 2025
Rate Sheet, Reimbursable Estimate
Cairn Design, LLC 2025 Hourly Rate Sheet
Design
Architect / Engineer
Rate
Principal
$185 00
Project Manager
$175 00
Project Architect
$165 00
Drafter
$110 00
Office
Administration
$100 00
Secretanal
$80 00
We estimate approximately $600 00 in reimbursable expenses on this project to include mileage
and panting
Schedule D — Bid Response Form
Bid Submittal Instructions
The following items must be completed and submitted with your bid on or before the bid
opening deadline of 10:00 am on March 25, 2025:
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
Civil
$ 4,800.00
Structural
$ 5,000.00
Architectural
$ 8,950.00
Mechanical
$ 4,300.00
Electrical
$ 3,705.00
Survey
/ Geotech
$ 7,700.00
Project
Management
$ 4,200.00
$ 600.00
Expenses
(printing
and
mileage)
Total
Lump
Sum
Cost
$ 39,255.00
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 No. #B2500033.
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 #B2500033 Page 14
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
82-2356453
FEIN/Federal
Tax ID
#:
CONTRACTOR:
BY e---c2�S�
Name: Ken Caudle, PE
Title: Engineering Manager
3/25/2025
Date of Signature
Solicitation #B2500033 Page 15
Addendum # 1
Bid Request Number B2500033
Stoneham Grader Shed Design & Engineering Services
Questions and Answers:
1. Question: During the pre -bid walk it was determined that having through bays or access
from either side of the grader shed would be beneficial to the customer. Please confirm.
Answer: This will need to be determined during the design phase base on site
orientation and phase of the project.
2. Question: Is the existing fuel island and propane locations staying the same?
Answer: No, both the fuel island and propane tanks will need to be moved within the
design documents.
3. Question: Will the existing grader shed be kept operational during the construction of the
new Grader Shed?
Answer: Yes, the consultant is to phase the project by having the existing grader shed
operational until the new grader shed is occupiable.
4. Question: Will a stand-by generator be required?
Answer: Yes, a diesel backup generator will be required for this grader shed.
5. Question: While conducting the on -site pre -bid walk, a pit with conduits and piping was
observed. It is assumed that any site condition verifications shall be the responsibility of
the design team but are there any existing drawings available?
Answer: The County doesn't have existing drawings for this location. The successful
consultant shall survey existing conditions to determine what underground system or
systems need to be demolished for the new grader shed.
6. Question: Can the County confirm if the existing potable water well will be retained for
the new Grader Shed? Is there currently a septic system and if so, will that be retained?
Answer: The potable water well can be retained for the new facility. Consultant to verify
gallons per minute to confirm that the existing well is sufficient for the new facility. Also,
consultant to verify necessary steps with the State Of Colorado for any permits or
paperwork to move the well from the old facility to the new facility. The new building will
require a new septic design. The old system is to be completely removed.
Addendum Acknowledgement
***A signed copy must be submitted with your bid. Thank you!***
Company Name:
Cairn Design, LLC 3/25/2025
Signature:
Name: Ken Caudle, PE
Title: Engineering Manager
March 25, 2025
Date of Signature
CERTIFICATE OF LIAl=;LIP( INSLI
CAIRDES-01
NCE
CKING
DATE (IYIM/DD/YYYY)
11/12/2024
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's an ADDITIONAL INSURED, the policy(les) 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 nghts to the certificate holder in lieu of such endorsement(s)
PRODUCER
PUI Agency of Colorado, Inc
P O Box 3412
Littleton, CO 80161
NAMEACT
rki o Ext) (720) 465-9116 I FAX, No) (248) 553-8305
(A/c
ADDRESS CKing@profunderwriters com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A RLI Insurance Company
13056
INSURED
Cairn Design, LLC
1805 Sheely Drive
Fort Collins, CO 80526
INSURER B Great American Insurance Group
16691
INSURER C
INSURER D
INSURER E
INSURER F
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 POLIC ES 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
LTR
ADDL SUBR
INSD VWD
POLICY NUMBER
POLICY EFF
(MMIDDIYYYYI
POLICY EXP
(MMIDDIYYYYI
LIMITS
A X
COMMERCIAL GENERAL LIABILITY
JCLAIMS MADE X OCCUR
X
PSB0007254
9/11/2024
9/11/2025
EACH OCCURRENCE
$ 1'000'000
DAMAGETO RENTED
PREMISES (Ea occurrence)
$
MED EXP (Any one person)
$ 10'000
PERSONAL &ADV INJURY
$ 1'000'000
GENERAL AGGREGATE
$ 2,000,000
GEN
X
L AGGREGATE LIMIT APPLIES PER
POLICY ,1RECT LOC
OTHER
PRODUCTS COMP/OPAGG
$ 2,000,000
$
A AUTOMOBILE
2
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
AIPOS ONLY
SCHEDULED
AUTOS
AUTOS ONEg
PSB0007254
9/11/2024
9/11/2025
COMBINED SINGLE LIMIT
(Ea accident)
1,000,000
$
Bop, iNJURY,per person)
$
BODILY INJURY (Per accident)
$
(Pe?aC latDAMADE
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
$
DED I I RETENTION $
A WORKERS COMPENSATION
MVP LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y�
OFFICER/MEMBER EXCLUDED
(Mandatory m NH)
If yes descnbe under
DESCRIPTION OF OPERATIONS below
N / A
PSW0006022
5/15/2024
5/15/2025
X I STATUTE I I ERH
E L EACH ACCIDENT
500,000
$
E L DISEASE - EA EMPLOYEE
$ 500,000
E L DISEASE - POLICY LIMIT
$ 500,000
B Professional Lob
B Professional Liab
DPPE886754
DPPE886754
9/11/2024
9/11/2024
9/11/2025
9/11/2025
Each Claim
Aggregate
1,000,000
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 addrtlonal insured with respects to the General Liability Waiver of subrogation Is
included
ERTIFICATE HOLDER
CANCELLATION
Weld Count Y
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
1150 O Street
Greeley, CO 80631
AUTHORIZED REPRESENTATIVE
Y____ ),:-�-
I
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*
CAIRN DESIGN LLC
Entity I D *
CaD00039527
Contract Name* Contract ID
STONEHAM GRADER SHED DESIGN AND ENGINEERING 9376
Contract Status
CTB REVIEW
Contract Lead*
CNAIBAUER
Contract Lead Email
cnaibauerCg weld.gov
New Entity?
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
PROVIDE DESIGN AND ENGINEERING SERVICES FOR THE NEW STONEHAM GRADER SHED
Contract Description 2
Contract Type*
CONTRACT
Amount*
$39,255.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
BUILDINGS AND
GROUNDS
Department Email
CM-
BuildingGroundsgweld.go
v
Department Head Email
CM-BuildingGrounds-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY4'WEL
D.GOV
Requested BOCC Agenda
Date*
04 30 2025
Due Date
04/26/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
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 On Base
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Review Date
08/31/2025
Committed Delivery Date
Contact Type Contact Email
Renewal Date
Expiration Date*
08/31/2025
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
PATRICK O'NEILL
DH Approved Date
04/21 ,-2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04/28/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
0' 23 2025 04/23 2025
Tyler Ref #
AG 042825
Originator
CNAIBAUER
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