HomeMy WebLinkAbout20252006.tiff LonkvoC+'D ° 11(Q
FACILITIES DEPARTMENT
s 4 h . (970)400-2023
' T, P l 105 H St.,P.O.Box 758
Greeley,CO 80632
May 29,2025
To:Board of County Commissioners
From:Patrick O'Neill
Subject:Architectural&Engineering Services for Public Works-Soils Lab Services—
B2500074
As advertised this bid is for Architectural&Engineering Services for Public Works-Soils
Lab Services.The low bid is from Collab Architecture and meets specifications.
Therefore,the Facilities Department is recommending the award to Collab Architecture
in the amount of$15,590.00.
If you have any questions,please contact me at extension 2023.
Sincerely,
Patrick O'Neill
Facilities Director
CC:61 c-56) 2025-2006
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PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND
COLLAB ARCHITECTURE
THIS AGREEMENT is made and entered into this 11-nay of cS
2025,by and between the Board of Weld County Commissioners,on behalf of
Facilities Department,hereinafter referred to as"County,"and Collab Architecture,
hereinafter referred to as"Contractor".
WHEREAS,County desires to retain Contractor to perform services as required
by County and set forth in the attached Exhibits;and
WHEREAS,Contractor is willing and has the specific ability,qualifications,and
time to perform the required services according to the terms of this Agreement;and
WHEREAS,Contractor is authorized to do business in the State of Colorado
and has the time,skill,expertise,and experience necessary to provide the services as
set forth below.
NOW,THEREFORE,in consideration of the mutual promises and covenants
contained herein,the parties hereto agree as follows:
1. Introduction.The terms of this Agreement are contained in the terms recited in this
document and in the attached Exhibits,each of which forms an integral part of this
Agreement and are incorporated herein.The parties each acknowledge and agree
that this Agreement,including the attached Exhibits,define the performance
obligations of Contractor and Contractor's willingness and ability to meet those
requirements(the"Work").If a conflict occurs between this Agreement and any
Exhibit or other attached document,the terms of this Agreement shall control,and
the remaining order of precedence shall be based upon order of attachment.
Exhibit A consists of County's Invitation for Bid(IFB)or Request for Proposal(RFP)
as set forth in Bid Package No.B2500074.
Exhibit B consists of Contractor's Response to County's Request.
2. Service or Work.Contractor agrees to procure the materials,equipment and/or
products necessary for the Work and agrees to diligently provide all services,labor,
personnel,and materials necessary to perform and complete the Work described in
the attached Exhibits.Contractor shall further be responsible for the timely
completion and acknowledges that a failure to comply with the standards and
requirements of Work within the time limits prescribed by County may result in
County's decision to withhold payment or to terminate this Agreement.
3. Term.The term of this Agreement begins upon the date of the mutual execution of
this Agreement and shall continue through and until Contractor's completion of the
responsibilities described in the attached Exhibits. Both of the parties to this
Form Revision 5-2025
Agreement understand and agree that the laws of the State of Colorado prohibit
County from entering into Agreements which bind County for periods longer than
one year. This Agreement may be extended upon mutual written agreement of the
Parties.
4. Termination;Breach;Cure. County may terminate this Agreement for its own
convenience upon thirty(30)days written notice to Contractor.Either Party may
immediately terminate this Agreement upon material breach of the other party,
however the breaching party shall have fifteen(15)days after receiving such notice
to cure such breach.Upon termination,County shall take possession of all
materials,equipment,tools and facilities owned by County which Contractor is
using,by whatever method it deems expedient;and,Contractor shall deliver to
County all drawings,drafts,or other documents it has completed or partially
completed under this Agreement,together with all other items,materials and
documents which have been paid for by County,and these items,materials and
documents shall be the property of County.Copies of work product that is
incomplete at the time of termination shall be marked"DRAFT-INCOMPLETE."If
this Agreement is terminated by County,Contractor shall be compensated for,and
such compensation shall be limited to,(1)the sum of the amounts contained in
invoices which it has submitted and which have been approved by the County;(2)
the reasonable value to County of the services which Contractor provided prior to
the date of the termination notice,but which had not yet been approved for
payment;and(3)the cost of any work which the County approves in writing which it
determines is needed to accomplish an orderly termination of the work.County
shall be entitled to the use of all material generated pursuant to this Agreement
upon termination.Upon termination of this Agreement by County,Contractor shall
have no claim of any kind whatsoever against the County by reason of such
termination or by reason of any act incidental thereto,except for compensation for
work satisfactorily performed and/or materials described herein properly delivered.
5. Extension or Amendment.Any amendments or modifications to this agreement
shall be in writing signed by both parties.No additional services or work performed
by Contractor shall be the basis for additional compensation unless and until
Contractor has obtained written authorization and acknowledgement by County for
such additional services. Accordingly,no claim that the County has been unjustly
enriched by any additional services,whether or not there is in fact any such unjust
enrichment,shall be the basis of any increase in the compensation payable
hereunder.In the event that written authorization and acknowledgment by the
County for such additional services is not timely executed and issued in strict
accordance with this Agreement,Contractor's rights with respect to such additional
services shall be deemed waived and such failure shall result in non-payment for
such additional services or work performed. In the event the County shall require
changes in the scope,character,or complexity of the work to be performed,and
said changes cause an increase or decrease in the time required or the costs to the
Contractor for performance,an equitable adjustment in fees and completion time
shall be negotiated between the parties,and this Agreement shall be modified
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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
$15,590.00 as set forth in the Exhibits. No payment in excess of that set forth in the
Exhibits will be made by County unless a Change Order authorizing such additional
payment has been specifically approved by Weld County as required pursuant to
the Weld County Code. If,at any time during the term or after termination or
expiration of this Agreement,County reasonably determines that any payment
made by County to Contractor was improper because the service for which
payment was made did not perform as set forth in this Agreement,then upon
written notice of such determination and request for reimbursement from County,
Contractor shall forthwith return such payment(s)to County. Upon termination or
expiration of this Agreement,unexpended funds advanced by County,if any,shall
forthwith be returned to County. County will not withhold any taxes from monies
paid to the Contractor hereunder and Contractor agrees to be solely responsible for
the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement. Unless expressly enumerated in the
attached Exhibits,Contractor shall not be entitled to be paid for any other expenses
(e.g.mileage).Notwithstanding anything to the contrary contained in this
Agreement,County shall have no obligations under this Agreement after,nor shall
any payments be made to Contractor in respect of any period after December 31 of
any year,without an appropriation therefore by County in accordance with a budget
adopted by the Board of County Commissioners in compliance with Article 25,Title
30 of the Colorado Revised Statutes,the Local Government Budget Law(C.R.S.
29-1-101 et seq.)and the TABOR Amendment(Colorado Constitution,Article X,
Sec.20).
7. Independent Contractor.Contractor agrees that it is an independent contractor and
that Contractor's officers,agents or employees will not become employees or
agents of County,nor entitled to any employee benefits(including unemployment
insurance or workers'compensation benefits)from County as a result of the
execution of this Agreement. Contractor shall be solely responsible for its acts and
those of its agents and employees for all acts performed pursuant to this
Agreement Any provisions in this Contract that may appear to give the County the
right to direct contractor as to details of doing work or to exercise a measure of
control over the work mean that Contractor shall follow the direction of the County
as to end results of the work only. The Contractor is obligated to pay all federal and
state income tax on any moneys earned or paid pursuant to this contract.
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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 prior written consent,which may be withheld in County's
sole discretion. County shall have the right in its reasonable discretion to approve
all personnel assigned to the Work during the performance of this Agreement and
no personnel to whom County has an objection,in its reasonable discretion,shall
be assigned to the Work. Contractor shall require each subcontractor,as approved
by County and to the extent of the Work to be performed by the subcontractor,to be
bound to Contractor by the terms of this Agreement,and to assume toward
Contractor all the obligations and responsibilities which Contractor,by this
Agreement,assumes toward County. County shall have the right(but not the
obligation)to enforce the provisions of this Agreement against any subcontractor
hired by Contractor and Contractor shall cooperate in such process. The
Contractor shall be responsible for the acts and omissions of its agents,employees,
and subcontractors.
9. Ownership.All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain(as applicable),the property of
County. In addition,all reports,documents,data,plans,drawings,records,and
computer files generated by Contractor in relation to this Agreement and all reports,
test results and all other tangible materials obtained and/or produced in connection
with the performance of this Agreement,whether or not such materials are in
completed form,shall at all times be considered the property of the County.
Contractor shall not make use of such material for purposes other than in
connection with this Agreement without prior written approval of County.
10. Confidentiality. Confidential information of the Contractor should be transmitted
separately from non-confidential information,clearly denoting in red on the relevant
document at the top the word,"CONFIDENTIAL." However,Contractor is advised
that as a public entity,Weld County must comply with the provisions of the Colorado
Open Records Act(CORA),C.R.S.24-72-201,et seq.,with regard to public records,
and cannot guarantee the confidentiality of all documents. Contractor agrees to keep
confidential all of County's confidential information. Contractor agrees not to sell,
assign,distribute,or disclose any such confidential information to any other person
or entity without seeking written permission from the County. Contractor agrees to
advise its employees,agents,and consultants,of the confidential and proprietary
nature of this confidential information and of the restrictions imposed by this
Agreement.
11. Warranty.Contractor warrants that the Work performed under this Agreement will be
performed in a manner consistent with the standards governing such services and
the provisions of this Agreement. Contractor further represents and warrants that all
Work shall be performed by qualified personnel in a professional manner,consistent
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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 during
project construction which are directly associated with errors and omissions
(professional negligence)which require change orders to the construction contract
resulting in costs greater than the construction contract bid unit costs, Contractor
shall be financially liable for such increased costs.
12. Acceptance of Services Not a Waiver. Upon completion of the Work,Contractor
shall submit to County originals of all test results,reports,etc.,generated during
completion of this work. Acceptance by County of reports and incidental material(s)
furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the project. In no event shall any action
by County hereunder constitute or be construed to be a waiver by County of any
breach of this Agreement or default which may then exist on the part of Contractor,
and County's action or inaction when any such breach or default exists shall not
impair or prejudice any right or remedy available to County with respect to such
breach or default.No assent expressed or implied,to any breach of any one or more
covenants,provisions or conditions of the Agreement shall be deemed or taken to be
a waiver of any other breach.Acceptance by the County of,or payment for,the Work
completed under this Agreement shall not be construed as a waiver of any of the
County's rights under this Agreement or under the law generally.
13. Insurance. Contractor must secure,before the commencement of the Work,the
following insurance covering all operations,goods,and services provided pursuant to
this Agreement,and shall keep the required insurance coverage in force at all times
during the term of the Agreement,or any extension thereof,and during any warranty
period. For all coverages,Contractor's insurer shall waive subrogation rights against
County. Contractor shall provide coverage with limits of liability no less than those
stated below. An excess liability policy or umbrella liability policy may be used to
meet the minimum liability requirements provided that the coverage is written on a
"following form"basis.
Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or
authorized to do business in the state of Colorado and with an"A.M.Best"rating of
not less than A-VII. The County in no way warrants that the above-required
minimum insurer rating is sufficient to protect the Contractor from potential insurer
insolvency.
Required Types of Insurance
Workers'Compensation and Employer's Liability Insurance as required by
state statute,covering all of the Contractor's employees acting within the course
and scope of their employment. The policy shall contain a waiver of subrogation
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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 appropriate sole proprietor waiver
form.
Minimum Limits:
Coverage A(Workers'Compensation) Statutory
Coverage B(Employers Liability) $ 100,000
$ 100,000
$ 500,000
Commercial General Liability Insurance-Occurrence Form
Policy shall include bodily injury,property damage,liability assumed under an Insured
Contract.The policy shall be endorsed to include the following additional insured
language: "Weld County,its subsidiary,parent,elected officials,employees,
associated and/or affiliated entities,successors,or assigns,agents,and volunteers
shall be named as additional insureds with respect to liability arising out of the
activities performed by,or on behalf of the Contractor."
Such policy shall include Minimum Limits as follows:
General Aggregate $ 1,000,000
Products/Completed Operations Aggregate $ 1,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Automobile Liability Insurance
Bodily Injury and Property Damage for any owned,hired,and non-owned vehicles used
in the performance of this Contract.
Such policy shall maintain Minimum Limits as follows:
Bodily Injury/Property Damage(Each Accident) $ 1,000,000
Professional Liability(Errors and Omissions Liability)
The policy shall cover professional misconduct or lack of ordinary skill for those
positions defined in the Scope of Services of this contract. Contractor shall
maintain limits for all claims covering wrongful acts,errors and/or omissions,
including design errors,if applicable,for damage sustained by reason of or in the
course of operations under this Contract resulting from professional services. In the
event that the professional liability insurance required by this Contract is written on
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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 $ 1,000,000
Aggregate $ 2,000,000
14. Proof of Insurance. Upon County's request,Contractor shall provide to County,for
examination,a policy,endorsement,or other proof of insurance as determined in
County's sole discretion.Provided information for examination shall be considered
confidential,and as such,shall be deemed not subject to Colorado Open Records
Act(CORA)disclosure.
All insurers must be licensed or approved to do business within the State of Colorado,
and unless otherwise specified,all policies must be written on a per occurrence basis.
The Contractor shall provide the County with a Certificate of Insurance evidencing all
required coverages,before commencing work or entering the County premises.
The Contractor shall furnish the County with certificates of insurance(ACCORD)
form or equivalent approved by the County as required by this Contract. The
certificates for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf.The Contractor shall name on the Certificate
of Insurance for the Commercial General Liability coverage and for the Automobile
Liability coverage, "Weld County, its successors or assigns; its elected officials,
employees,agents,affiliated entities,and volunteers as Additional Insureds"with
respect to liability arising out of the activities performed by or on behalf of the
Contractor".
On insurance policies where Weld County is named as an additional insured,the
County shall be an additional insured to the full limits of liability purchased by the
Contractor even if those limits of liability are in excess of those required by this
Contract.
Each insurance policy required by this Agreement must be in effect at or prior to
commencement of work under this Agreement and remain in effect for the duration
of the project,and for a longer period of time if required by other provisions in this
Agreement. Failure to maintain the insurance policies as required by this
Agreement or to provide evidence of renewal is a material breach of contract.
All certificates and any required endorsement(s)shall be sent directly to the County
Department Representative's Name and Address. The project/contract number and
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project description shall be noted on the Certificate of Insurance. The County
reserves the right to require complete,certified copies of all insurance policies
required by this Agreement at any time,and such shall also be deemed
confidential.
Any modification or variation from the insurance requirements in this Agreement
shall be made by the County Attorney's Office,whose decision shall be final. Such
action will not require a formal contract amendment but may be made by
administrative action.
15.Additional Insurance Related Requirements. The County requires that all policies
of insurance be written on a primary basis,non-contributory with any other
insurance coverages and/or self-insurance carried by the County.
The Contractor shall advise the County in the event any general aggregate or other
aggregate limits are reduced below the required per occurrence limit. At their own
expense,the Contractor will reinstate the aggregate limits to comply with the
minimum requirements and shall furnish the County with a new certificate of
insurance showing such coverage is in force.
Commercial General Liability Completed Operations coverage must be kept in
effect for up to three(3)years after completion of the project. Contractors
Professional Liability(Errors and Omissions)policy must be kept in effect for up to
three(3)years after completion of the project.
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.
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16. Subcontractor Insurance. Contractor hereby warrants that all subcontractors
providing services under this Agreement have or will have the above-described
insurance prior to their commencement of the Work,or otherwise that they are
covered by the Contractor's policies to the minimum limits as required herein.
Contractor agrees to provide proof of insurance for all such subcontractors upon
request by the County.
17. No limitation of Liability. The insurance coverages specified in this Agreement are
the minimum requirements,and these requirements do not decrease or limit the
liability of Contractor.The County in no way warrants that the minimum limits
contained herein are sufficient to protect the Contractor from liabilities that might
arise out of the performance of the Work under by the Contractor,its agents,
representatives,employees,or subcontractors. The Contractor shall assess its
own risks and if it deems appropriate and/or prudent,maintain higher limits and/or
broader coverages. The Contractor is not relieved of any liability or other
obligations assumed or pursuant to the Contract by reason of its failure to obtain or
maintain insurance in sufficient amounts,duration,or types. The Contractor shall
maintain,at its own expense,any additional kinds or amounts of insurance that it
may deem necessary to cover its obligations and liabilities under this Agreement.
18. Certification of Compliance with Insurance Requirements.The Contractor
stipulates that it has met the insurance requirements identified herein. The
Contractor shall be responsible for the professional quality,technical accuracy,and
quantity of all services provided,the timely delivery of said services,and the
coordination of all services rendered by the Contractor and shall,without additional
compensation,promptly remedy and correct any errors,omissions,or other
deficiencies.
19. Mutual Cooperation. The County and Contractor shall cooperate with each other
in the collection of any insurance proceeds which may be payable in the event of
any loss,including the execution and delivery of any proof of loss or other actions
required to effect recovery.
20. Indemnity. The Contractor shall indemnify, hold harmless and,not excluding the
County's right to participate,defend the County,its officers,officials,agents,and
employees,from and against any and all liabilities,claims,actions,damages,
losses,and expenses including without limitation reasonable attorneys'fees and
costs,(hereinafter referred to collectively as"claims")for bodily injury or personal
injury including death,or loss or damage to tangible or intangible property caused,
or alleged to be caused in whole or in part by the negligent or willful acts or
omissions of Contractor or any of its owners,officers,directors,agents,employees
or subcontractors. This indemnity includes any claim or amount arising out of or
recovered under the Workers'Compensation Law or arising out of the failure of
such contractor to conform to any federal,state,or local law,statute,ordinance,
rule,regulation,or court decree.It is the specific intention of the parties that the
County shall,in all instances,except for claims arising solely from the negligent or
9
willful acts or omissions of the County,be indemnified by Contractor from and
against any and all claims. It is agreed that Contractor will be responsible for
primary loss investigation,defense,and judgment costs where this indemnification
is applicable. In consideration of award of this contract,the Contractor agrees to
waive all rights of subrogation against the County,its officers,officials,agents,and
employees for losses arising from the work performed by the Contractor for the
County.The Contractor shall be fully responsible and liable for any and all injuries
or damage received or sustained by any person,persons,or property on account of
its performance under this Agreement or its failure to comply with the provisions of
the Agreement.
A failure of Contractor to comply with these indemnification provisions shall result in
County's right but not the obligation to terminate this Agreement or to pursue any
other lawful remedy.
21. Non-Assignment. Contractor may not assign or transfer this Agreement or any
interest therein or claim thereunder,without the prior written approval of County.
Any attempts by Contractor to assign or transfer its rights hereunder without such
prior approval by County shall,at the option of County,automatically terminate this
Agreement and all rights of Contractor hereunder. Such consent may be granted or
denied at the sole and absolute discretion of County.
22. Examination of Records. To the extent required by law,the Contractor agrees
that an duly authorized representative of County,including the County Auditor,shall
have access to and the right to examine and audit any books,documents,papers
and records of Contractor,involving all matters and/or transactions related to this
Agreement. Contractor agrees to maintain these documents for three years from
the date of the last payment received.
23. Interruptions. Neither party to this Agreement shall be liable to the other for
delays in delivery or failure to deliver or otherwise to perform any obligation under
this Agreement,where such failure is due to any cause beyond its reasonable
control,including but not limited to Acts of God,fires,strikes,war,flood,
earthquakes,or Governmental actions.
24. Notices. County may designate,prior to commencement of Work,its project
representative("County Representative")who shall make,within the scope of his or
her authority,all necessary and proper decisions with reference to the project. All
requests for contract interpretations,change orders,and other clarification or
instruction shall be directed to County Representative. All notices or other
communications made by one party to the other concerning the terms and
conditions of this contract shall be deemed delivered under the following
circumstances:
a) personal service by a reputable courier service requiring signature for
receipt;or
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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:Collab Architecture
Name: Jordan Lockner
Position: Principal Architect&Owner
Address: 9217 Eastman Park Drive,Unit 3
Address: Windsor,CO 80550
E-mail: jordan@collabarchitects.com
Phone: 970-215-9907
TO COUNTY:
Name: Patrick O'Neill
Position: Facilities Director
Address: 1105 H Street Greeley,CO 80631
E-mail: poneill@weld.gov
Phone: 970-400-2023
25. Compliance with Law. Contractor shall strictly comply with all applicable federal
and State laws,rules and regulations in effect or hereafter established,including
without limitation,laws applicable to discrimination and unfair employment
practices.
26. Non-Exclusive Agreement. This Agreement is nonexclusive,and County may
engage or use other Contractors or persons to perform services of the same or
similar nature.
27. Entire Agreement/Modifications. This Agreement including the Exhibits attached
hereto and incorporated herein,contains the entire agreement between the parties
with respect to the subject matter contained in this Agreement. This instrument
supersedes all prior negotiations,representations,and understandings or
agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed
by both parties.
28. Fund Availability. Financial obligations of the County payable after the current
fiscal year are contingent upon funds for that purpose being appropriated,budgeted
and otherwise made available. Execution of this Agreement by County does not
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36. No Employment of Unauthorized Aliens-Contractor certifies,warrants,and
agrees that it does not knowingly employ or contract with an unauthorized alien who
will perform work under this Agreement(see 8 U.S.C.A.§1324a and(h)(3)),nor
enter into a contract with a subcontractor that employs or contracts with an
unauthorized alien to perform work under this Agreement. Upon request,contractor
shall deliver to the County a written notarized affirmation that it has examined the
legal work status of an employee and shall comply with all other requirements of
federal or state law,including employment verification requirements contained
within state or federal grants or awards funding public contracts.
Contractor agrees to comply with any reasonable request from the Colorado
Department of Labor and Employment in the course of any investigation.
If Contractor fails to comply with any requirement of this provision,County may
terminate this Agreement for breach,and if so terminated,Contractor shall be liable
for actual and consequential damages.
37. Attorney's Fees/Legal Costs. In the event of a dispute between County and
Contractor concerning this Agreement,the parties agree that each party shall be
responsible for the payment of attorney fees and/or legal costs incurred by or on its
own behalf.
38. Binding Arbitration Prohibited.Weld County does not agree to binding arbitration
by any extra-judicial body or person.Any provision to the contrary in this Agreement
or incorporated herein by reference shall be null and void.
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:
/ ////./ZZ
7/9/2025
Name: Jorda Lockner,AIA Date of Signature
Title: Founding Principal
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WELD COUNTY:
ATTEST: ...stratAi W...dfxo;tA BOARD OF COUNTY COMMISSIONERS
Weld ounty Clerk to the Board WELD COUNTY,COLORADO
BY: a/Sri) 41.
Deputy Clerk to the Board 'erry L. Sck,Chair
JUL 1 4 2025
ieql E§ •
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Z.015-200Le
WELD COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY,COLORADO
BY:
Deputy Clerk to the Board Perry L.Buck,Chair
JUL 1 4 2025
14
Z015-Z00�2
Exhibit A
� •• 44‘ Weld County Finance Department
1861 , Purchasing Division
���1� 1301 North 17 " ' Avenue
JJF - � / Greeley , Colorado 80631
U - GoUNTY
Professional Services — Invitation for Bid ( IFB ) Cover Sheet
Bid Number : B2500074
Title : Architectural and Engineering Services for Public Works — Soils Lab
Advertisement Date : April 28 , 2025
Pre - Bid Meeting : May 8 , 2025 , at 10 : 00 am
Pre - Bid Location : Front Lobby of 1111 H Street , Greeley CO 80631
Questions Due : May 15 , 2025 , by 5 : 00 pm
Questions Posted : May 16 , 2025 , by 5 : 00 pm
Questions email : bids (a� weld . gov
Bid Due Date : May 22 , 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
S chedule A : Bid Instructions
S chedule B : Scope of Work
S chedule C : Project Schedule
S chedule D : Bid Form
S chedule E . Insurance
S chedule F : Weld County Contract
Form Revision 12 - 2024
Table of Contents
S rofessional Services — Invitation for Bid ( IFB ) Cover Sheet 1
Documents Included in this Bid Package 1
IFB Schedules 1
Table of Contents 2
S chedule A - Bid Instructions 3
Purpose / Background 3
Bid Advertisement 3
Bid Submission 3
Introductory Information 3
Cooperative Purchasing 4
S chedule B - Scope of Work 6
P roject Overview 6
Method of Procurement 6
P ricing Method 6
S pecific Requirements and Responsibilities 6
S chedule C - Procurement Schedule 12
S chedule D — Bid Response Form 13
Bid Submittal Instructions 13
Fees 13
Attestation 13
Schedule E — Insurance 15
Insurance 15
Insurance Mailing Information 18
S chedule 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 :
Architectural and Engineering Services for Public Works — Soils Lab
A Mandatory pre - bid conference will be held on May 8 , 2025 , at 10 : 00am at the Public Works
Main Lobby located at 1111 H Street , Greeley , CO 80631 . Bidders must participate and record
their presence at the pre - bid conference to be eligible to submit bids .
Bids will be received until : May 22 , 2025 , at 10 : 00 am ( Weld County Purchasing Time Clock ) .
The submitted bids will be read over a Microsoft Teams Conference Call on May 22 , 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 Dial in by phone
Meeting ID : 288 721 866 663 3 + 1 720 - 439 - 5261 „ 51533998 #
Passcode : Sg2AB3Bi United States , Denver
Phone conference ID : 515 339 98 #
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 (a� wel & gov If your bid exceeds 25MB please upload your
bid to https : / / www . bidnetdirect . com . The maximum file size to upload to BidNet Direct is 500
MB . If vendor does not desire email submission , sealed bids will be received at the Office of
the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue ,
Greeley , CO 80631 by the bid due date and time .
2 . PDF format is required . Emailed bids must include the following statement on the email : " I
hereby waive my right to a sealed bid " . An email confirmation will be sent when your bid has
been received . Please call Purchasing at 970400 - 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
Solicitation # B2500074 Page 3
they would have a need for the same product/service Usage by any entity shall not have a
negative impact on Weld County in the current term or in any future terms
Solicitation # B2500074 Page 5
vii _ Engineering team to provide general layout of existing and new equipment
Design team'to identify all equipment and scale according to available spaces
allocated for the lab
vill Emergency eye wash and shower,
ix Electrical design accommodate current and future equipment needs
x Design to include interior lighting
xi Design to include acoustical ceiling in all lab spaces and lab office
xu Design to consider future expansions of this lab as the'county grows
xiii Full piped air system for pneumatic tools and equipment
xiv Design team to include casework throughout
xv Access control
xvi Eye wash station
3 Colors must be approved by Director of Facilities from standard color scheme
4 Project shall include all architectural, structural engineering, site work, electrical,
mechanical, plumbing, and tenant features
5 Design team to hire sanitaryscope company to identify current sanitary locations for new
tie-ins
6 Sand trap to be design based the facilities function and uses
7 Consultant is responsible for and shall provide specifications, stamped drawings and
engineering documents for architectural, structural, mechanical, plumbing, electrical
including fire and fire suppression These documents and specifications will be used for
Weld County to seek bids for the construction phase of this project ,
8 Consultant will be responsible for reviewing site conditions to best determine what is needed
to provide a complete design and engineering package - I ,
9 Consultant is responsible for the coordination and design requirements of the Weld County
Planning and Budding department
10 New equipment shall be sized and designed to meet the needs of the spaces in which they
serve Coordination with Weld County project manager will determine what systems and
requirements will be needed
11 All design service requirements shall be a part of this contract and be all inclusive of a
complete tenant improvement design for each space
12 Consultant is required to verify that any new design and or equipment meets the needs and
functions of the building
Scope Of Services
The intent of this section is to highlight in general terms the nature and scope of the work to be
performed
Design Services
1 Provide a design for the project
2 Prepare submittals to governing agencies for approval
3 Provide a schematic design package
4 Provide a design development package
5 Provide full and complete construction documents
6 Provide construction administration/,consultation
7 Attend weekly design and construction meetings
8 _ Prepare building permit submittal and assist in obtaining the permits Make Budding
Inspection Department requested revisions
9 Provide a design schedule
Solicitation # B2500074 Page 7
10 Include, all costs for architectural design services, programming, structural engineering,
mechanical engineering, electrical engineering, and all other "consultant" fees in the
proposal I -
11 Coordinate surveys and other design activities All costs shall be included in bid
Plans / Documents
(At a minimum the county requires the following)
i I
1 Architectural Plans
2 Structural Plans
3 Door / Door Hardware Schedule
4 Mechanical Plans -
5 Electrical Plans
6 Fire Alarm & Suppression
7 Plumbing Plans
8 Electrical
9 Provide complete hardcopies and electronic AutoCAD files of project final drawings to
the County
10 All related engineering calculations, QA/QC, and manufactured equipment
documentation
11 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 primary point of contact and coordinate
work effort, resources, communications, document production, and billing on behalf of
the consultant and team members
3 Consultant shall conduct a project kickoff meeting with the County Project Team,
including a site visit to thoroughly review existing conditions and facility's needs
4 Working with County personnel and attending a weekly design meeting in person at the
Weld County Facilities building at 1105 H Street, Greeley Colorado At a minimum this
will be through the design phase until complete and a minimum of ten meetings
throughout the construction phases of the project
Facility Design 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% complete) — Provide schematic design drawings for review
and comment by County Project Team
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)
Solicitation # B2500074 Page 8
c Perm it/Construction Documents (100% complete) — Provide two full and complete
sets of documents for permit review by Weld County Building Inspection (Planning
Department) These full and complete set of construction contract documents will
allow the County to solicit bids for actual construction of the project, Provide one
complete set in PDF and hard copy to the Facilities Department
2 Architectural Design Produce architectural plans for building structures Guide selection
of exterior and interior finishes, interior design, and office space layout This process will
require close coordination with Facilities Department staff to optimize the layout and
details of budding spaces In general, building structures shall be designed to maximize
resiliency, minimize long term life cycle costs, and consider sustainable elements
3 Civil Design Produce civil design plan and specifications should the project scope
require, including, plans for existing conditions, grading plans, pavement layout and
section design, civil details, water supply plans (may include supply well), wastewater
disposal plans (may include septic system), drainage plans, -electrical and natural gas
utility plans, erosion control plans, and post -construction stormwater detention and water
quality plans, Municipal Separate Storm Sewer System (MS4) through Colorado
Department of Public Health and Environment (CDPHE)
4 Structural Design Produce structural plans and specs in compliance with all state and
local building codes
5 Mechanical, Electrical, and Plumbing Design Produce mechanical, electrical, and
plumbing plans in compliance with all State and Local building codes to provide fully
functional facilities upon completion of construction Items to include but are not limited
to the following heating ventilation and air conditioning plans, specs, equipment
schedules and control systems, plumbing plans, specs and equipment and fixture
designation for water supply and wastewater disposal, electrical plans, specs, schedules
and diagramming for power, lighting, and provisions for emergency standby power
generation, if needed -
6 Telecommunications and data connectivity will be coordinated by County Information
Technology (IT) staff through a separate process The design team for this proposal will
only be responsible for identifying electrical boxes and conduit locations which will be
identified by the County project team The actual wiring and integration of technology
components (excluding HVAC Controls will be performed by County staff through
separate procurement processes
7 Base bid shall include Construction Administration (CA) fees for reviewing and providing
clarification for shop drawings, Requests for Information, change orders, and weekly
one- hour on -site Owner -Architect -Contractor (OAC) meetings The duration for OAC
meetings shall use 6 months for base bid For additional CA work, identify the hourly rate
in table below
8 Revit or BIM modeling is not required However, final CAD of all designs and as-builts
will be provided to the County
Project Summary And Report
Solicitation # B2500074 Page 9
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 debriefing discussion with the County Project Team
Use Of Sub Consultants
The proposer shall indicate in their bid any work intended to be performed by sub- consultants or
persons outside of the firm The proposer shall name the sub -consultants, if known at the time of
bid submittal
Qualifications & Insurance
Qualifications and insurance, at a minimum, should include the following
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 familiarity 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 primary 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 Protect Schedule f
c Describe how your firm handles the various communications, including meetings and
project schedules, to keep the project running smoothly
d Describe how your firm can respond to quick -hitting design requests requiring
turnaround times to be expedited in some instances
5 Statement of consultant's intent to sublet portions of the work, identifying what is
intended to be sublet
Solicitation # 82500074 Page 10
e Include the name of the sub -consultant and a statement of qualifications of the sub -
consultant
Solicitation # B2500074 Page 11
Company Name
Address
Phone
Email
FEIN/Federal Tax ID #
CONTRACTOR
Date of Signature
Name
Title
Solicitation # B2500074 Page 14
covering wrongful acts, errors and/or omissions, including design errors, if applicable, for
damage sustained by reason of or in the course of operations under this Contract resulting
from professional services In the event that the professional liability insurance required by this
Contract is written on a claims -made basis, Contractor warrants that any retroactive date under
the policy shall precede the effective date of this Contract, and that either continuous coverage_
will be maintained, or an extended discovery period will be exercised for a period of two (2)
years beginning at the time work under this Contract is completed
Minimum Limits
Per Loss $ 1,000,000
Aggregate $ 2,000,000
14 Proof of Insurance. Upon County's request, Contractor shall provide to County, for
examination,, a policy, endorsement, or other proof of insurance as determined in .County's sole
discretion Provided information for examination shall be considered confidential, and as such,
shall be deemed not subject to Colorado Open Records Act (CORA) disclosure
All insurers must be licensed or approved to do business within the State of Colorado, and unless
otherwise specified, all policies must be written on a per occurrence basis
The Contractor shall provide the County with a Certificate of Insurance evidencing all required
coverages, before commencing work or entering the County premises
The Contractor shall furnish the County with certificates of insurance (ACCORD) form or
equivalent approved by the County as required by this Contract The certificates for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf The Contractor shall name on the Certificate of Insurance "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 prior to
commencement of work under this Agreement and remain in effect for the duration of the
project, and for a longer period of time if required by other provisions in this Agreement
Failure to maintain the insurance policies as required by this Agreement or to provide evidence
of renewal is a material breach of contract
All certificates and any required endorsement(s) shall be sent directly to the County
Department Representative's Name and Address The project/contract number and project
description shall be noted on the Certificate of Insurance The County reserves the right to
require complete, certified copies of all insurance policies required by this Agreement at any
time, and such shall also be deemed confidential
Any modification or variation from the insurance requirements in this Agreement shall be made
by the County Attorney's Office, whose decision shall be final Such action will not require a
formal contract amendment but may be made by administrative action
15 Additional Insurance Related Requirements. The County requires that all policies of
insurance be written on a primary basis, non-contributory with any other insurance coverages
Solicitation # B2500074 Page 16
control over the work mean that Contractor shall follow the direction of the County as to end
results of the work only -The Contractor is obligated to pay all federal and state income tax on
any moneys earned or paid pursuant to this contract
8 Subcontractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor Contractor shall not enter
into any subcontractor agreements for the completion of the Work without County's prior
written consent, which may be withheld in County's sole discretion County shall have the right
in its reasonable discretion to approve all personnel assigned to the Work during the
performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Work Contractor shall require each
subcontractor, as approved by County and to the extent of the Work to be performed by the
subcontractor; to be bound to Contractor by the terms of this Agreement, and to assume
toward Contractor all the obligations and responsibilities which Contractor, by this Agreement,
assumes toward County County shall have the right (but not the obligation) to enforce the
provisions of this Agreement against any subcontractor hired by Contractor and Contractor
shall cooperate in such process The Contractor shall be responsible for the acts and
omissions of its agents, employees, and subcontractors
9 Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County In
addition, all reports, documents, data, plans, drawings, records, and computer files generated
by Contractor in relation to this Agreement and all reports, test results and all other tangible
materials obtained and/or produced in connection with the performance of this Agreement,
whether or not such materials are in completed form, shall at all times be considered the
property of the County Contractor shall not make use of such material for purposes other than
in connection with this Agreement without prior written approval of County
10 Confidentiality Confidential information of the Contractor should be transmitted
separately from non -confidential information, clearly denoting in red on the relevant document
at the top the word, "CONFIDENTIAL " However, Contractor is advised that as a public entity,
Weld County must comply with the provisions of the Colorado Open Records Act (CORA),
C R S 24-72-201, et seq , with regard to public records, and cannot guarantee the confidentiality
of all documents Contractor agrees to keep confidential all of County's confidential information
Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to
any other person or entity without seeking written permission from the County Contractor
agrees to advise its employees, agents, and consultants, of the confidential and proprietary
nature of this confidential information and of the restrictions imposed by this Agreement
11 Warranty. Contractor warrants that the Work performed under this Agreement will be performed
in a manner consistent with the standards governing such services and the provisions of this
Agreement Contractor further represents and warrants that all Work shall be performed by
qualified personnel in a professional manner, consistent with industry standards, and that all
services will conform to applicable specifications For work in which Contractor produces a
design to be used for construction purposes, Contractor shall carefully check all unit quantities
and quantity calculations and shall submit them for County review If the County experiences
additional costs during project construction which -are directly associated with errors and
omissions (professional negligence) which require change orders to the construction contract
resulting ►n costs greater than the construction contract bid unit costs, Contractor shall be
financially liable for such increased costs
Solicitation # B2500074 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 during completion of this work
Acceptance by County of reports and incidental material(s) furnished under this Agreement shall
not in any way relieve Contractor of responsibility for the quality and accuracy of the project In
no event shall any action by County hereunder constitute or be construed to be a waiver by
County of any breach of this Agreement or default which may then exist on the part of Contractor,
and County's action or inaction when any such breach or default exists shall not impair or
prejudice any right or remedy available to County with respect to such breach or default No
assent expressed or implied, to any breach of any one or ,more covenants, provisions, or
conditions of the Agreement shall be deemed or taken to be a waiver of any other breach
Acceptance by the County of, or payment for, the Work completed under this Agreement shall
not be construed as a waiver of any of the County's rights under this Agreement or under the
law generally
13 Insurance. Contractor must secure, before the commencement of the Work, the following
insurance covering all operations, goods, and services provided pursuant to this Agreement, and
shall keep the required insurance coverage in force at all times during the term of the Agreement,
or any extension thereof, and during any warranty period For all coverages, Contractor's insurer
shall waive subrogation rights against County Contractor shall provide coverage, with limits of
liability no less than those stated below An excess liability policy or umbrella liability policy may
be used to meet the minimum liability requirements provided that the coverage is written on a
"following form" basis I I
Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to
do business in the state of Colorado and with an "A M Best" rating of not less than A-VII The
County in no way warrants that the above -required minimum insurer rating is sufficient to
protect the Contractor from potential insurer insolvency
Required Types of Insurance
Workers' Compensation and Employer's Liability Insurance as required by state statute,
covering all of the Contractor's employees acting within the course and scope of their
employment The policy shall contain a waiver of subrogation against the County This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act, AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver form
Minimum Limits
Coverage A (Workers' Compensation) Statutory
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 # B2500074 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
covering wrongful acts, errors and/or omissions, including design errors, if applicable, for
damage sustained by reason of or in the course of operations under this Contract resulting
from professional services In the event that the professional liability insurance required by this
Contract is written on a claims -made basis, Contractor warrants that any retroactive date under
the policy shall precede the effective date of this Contract, and that either continuous coverage
will be maintained, or an extended discovery period will be exercised for a period of two (2)
years beginning at the time work under this Contract is completed
Minimum Limits
Per Loss $ 1,000,000
Aggregate $ 2,000,000
14 Proof of Insurance. Upon County's request, Contractor shall provide to County, for
examination, a policy, endorsement, or other proof of insurance as determined in County's sole
discretion Provided information for examination shall be considered confidential, and as such,
shall be deemed not subject to Colorado Open Records Act (CORA) disclosure
All insurers must be licensed or approved to do business within the State of Colorado, and unless
otherwise specified, all policies must be written on a per occurrence basis
The Contractor shall provide the County with a Certificate of Insurance evidencing all required
coverages, before commencing work or entering the County premises
The Contractor shall furnish the County with certificates of insurance (ACCORD) form or
equivalent approved by the County as required by this Contract The certificates for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf The Contractor shall name on the Certificate of Insurance "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 # B2500074 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 prior to
commencement of work under this Agreement and remain in effect for the duration of the
project, and for a longer period of time if required by other provisions in this Agreement
Failure to maintain the insurance policies as required by this Agreement or to provide evidence
of renewal is a material breach of contract
All certificates and any required endorsement(s) shall be sent directly to the County
Department Representative's Name and Address The project/contract number and project
description shall be noted on the Certificate of Insurance The County reserves the right to
require complete, certified copies of all insurance policies required by this Agreement at any
time, and such shall also be deemed confidential
Any modification or variation from the insurance requirements in this Agreement shall be made
by the County Attorney's Office, whose decision shall be final Such action will not require a
formal, contract amendment but may be made by administrative action
15 Additional Insurance Related Requirements. The County requires that all policies of
insurance be written on a primary basis, non-contributory with any other insurance coverages
and/or self-insurance carried by the County
The Contractor shall advise the County in the event any general aggregate or other aggregate
limits are reduced below the required per occurrence limit At their own expense, the
Contractor will reinstate the aggregate limits to comply with the minimum requirements and
shall furnish the County with a new certificate of insurance showing such coverage is in force
Commercial General Liability Completed Operations coverage must be kept in effect for up to
three (3) years after completion of the project Contractors Professional Liability (Errors and
Omissions) policy must be kept in effect for up to three (3) years after completion of the
project
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 I _ '
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
Solicitation # B2500074 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 prior to their
commencement of the Work, or otherwise that they are covered by the Contractor's policies to
the minimum limits as required herein Contractor agrees to provide proof of insurance for all
such subcontractors upon request by the County
17 No limitation of Liability The insurance coverages specified in this Agreement are the
minimum requirements, and these requirements do not decrease or limit the liability of
Contractor The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might arise out of the performance of the
Work under by the Contractor, its agents, representatives, employees, or subcontractors The
Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain
higher limits and/or broader coverages The Contractor is not relieved of any liability or other
obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own
expense, any additional kinds or amounts of insurance that it may deem necessary to cover its
obligations and liabilities under this Agreement
18 Certification of Compliance with Insurance Requirements The Contractor stipulates that it
has met the insurance requirements identified herein The Contractor shall be responsible for
the professional quality, technical accuracy, and quantity of all services provided, the timely
delivery of said services, and the coordination of all services_ rendered by the Contractor and
shall, without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies
19 Mutual Cooperation The County and Contractor shall cooperate with each other in the
collection ,of any insurance proceeds which may be payable in the event of any loss, including
the execution and delivery of any proof of loss or other actions required to effect recovery
20 -Indemnity. The Contractor shall indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its officers, officials, agents, -and employees, from and
against any and all liabilities, claims, actions, damages, losses, and expenses including
without limitation reasonable attorneys' fees and costs, (hereinafter referred to collectively as
"claims") for bodily injury or personal injury including death, or loss or damage to tangible or
intangible property caused, or alleged to be caused in whole or in part by the negligent or
willful acts or omissions of Contractor or any of its owners, officers, directors, agents,
employees or subcontractors This indemnity includes any claim or amount arising out of or
recovered under the Workers' Compensation Law or arising out of the failure of such
contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or
court decree It is the specific intention of the parties that the County shall, in all instances,
except for claims arising solely from the negligent or willful acts or omissions of the County, be
indemnified by Contractor from and against any and all claims It is agreed that Contractor will
be responsible for primary loss investigation, defense, and judgment costs where this
indemnification is applicable In consideration of award of this contract, the Contractor agrees
to waive all rights of subrogation against the County, its officers, officials, agents, and
employees for losses arising from the work performed by the Contractor for the County The
Contractor shall be fully responsible and liable for any and all injuries or damage received or
_ sustained by any person,, persons, or property on account of its performance under this
Agreement or its failure to comply with the provisions of the Agreement
Solicitation # B2500074 I I Page 26
34 Board of County Commissioners of Weld County Approval. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado, or its designee
35 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement
Any provision included or incorporated herein by reference which conflicts with said laws, rules
and/or regulations shall be null and void In the event of a legal dispute between the parties,
Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to
resolve said dispute
36 No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an unauthorized alien who will perform work under
this Agreement (see 8 U S C A §1324a and (h)(3)), nor enter into a contract with a
subcontractor that employs or contracts with an unauthorized alien to perform work'under this
Agreement Upon request, contractor shall deliver to the County a written notarized affirmation
that it has examined the legal work status of an employee and shall comply with all other
requirements of federal or state law, including employment verification requirements contained
within state or federal grants or awards funding public contracts
Contractor agrees to comply with any reasonable request from the Colorado Department of
Labor and Employment in the course of any investigation
If Contractor fails to comply with any requirement of this provision, County may terminate this
Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages
37 Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor
concerning this Agreement, the parties agree that each party shall be responsible for the
payment of attorney fees and/or legal costs incurred by or on its own behalf
38 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any
extra -judicial body or person Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void
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 # B2500074 Page 29
Weld County Clerk to the Board WELD COUNTY, COLORADO
Deputy Clerk to the Board
Solicitation # B2500074 Page 30
® , D/Y ATE (MM/DDYYY)
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS?
CERTIFICATE DOES'NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
PRODUCER
Crest Insurance Group of Colorado, LLC
2000 S Colorado Blvd
Colorado Center Tower 1
Denver CO 80222
License# OM96244
CONTACT
NAME
PHONE FAX
0 No
A No Ext VC.
AIL
ADDRESS selectservice crestins com
INSURERS AFFORDING COVERAGE
NAIC #
INSURERA HISCOX °
10200
INSURED colLARC-01
Collab Architecture
9217 Eastman Park Drive 3
Windsor CO 80550
INSURER B Pinnacol Assurance
41190
INSURERC
INSURER
INSURER E
INSURER F
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM' OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTRINSDA
TYPE OF INSURANCE
ADDL SUBR
POLICY NUMBER
MM DDPOLICY EFF
MM DD POLICY EXP
LIMITS -.
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FxI OCCUR
Y Y
P100 522 008 5
_
9/10/2024
9/10/2025
EACH OCCURRENCE
$ 2 000 000
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 100 000
MED EXP (Any one person)
$ 5,000
GEN L AGGREGATE LIMIT APPLIES PER
X POLICY ❑ PRO LOC
OTHER
PERSONAL S ADV INJURY
$ 2,000,000
GENERAL AGGREGATE
$ 3,000 000
PRODUCTS COMP/OP AGG
$ 3 000,000
$
AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON OWNED
AUTOS ONLY AUTOS ONLY
COMBINED SINGLE LIMIT
Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTYDAMAGE
Per accident
$
UMBRELLA LIAB OCCUR
EXCESS LIAB HCLAIMS-MADE
DED I I RETENTION $
EACH OCCURRENCE ,
$
AGGREGATE
$
$
B
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY
ANYPROPRIETORIPARTNER/EXECUTIVE Y❑
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes describe under
DESCRIPTION OF OPERATIONS below
Y
NIA
4226043
9/1/2024
9/1/2025
PER H
X STATUTE ER
E L EACH ACCIDENT
$ 1 000 000
E L DISEASE - EA EMPLOYEE
$ 1 000,000
'
E L DISEASE - POLICY LIMIT
$ 1 000,000
A
Professional Liability
Y
P100 520 557 5
9/10/2024
9/10/2025
Limit
Aggregate Limit
Deductible
2 000 000
3,000,000
500
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached d' more space is required)
A Waiver of Subrogation Is Issued In Favor Of The Certificate Holders & Its Subsidiaries, Affiliated $ Successor Companies, Officers, Directors, Agents,
Servants, Employees, Divisions, Partners 8r Shareholders on General Liability
Additionally Insured under this policy
WELD COUNTY FACILITIES DEPARTMENT
1105 H STREET
PO BOX 758
GREELEY CO 80632
WELD COUNTY FACILITIES DEPARTMENT
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
1105 H STREET
AUTHORIZED REPRESENTATIVE
PO BOX 758
GREELEY CO 80632A4
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
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