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Home My WebLink About20192250.tiffFACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 15, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Robert Shreve Architectural & Design Services; (2019-2250) As a result of the Architectural & Design Services bid (B1900100), Robert Shreve Architects and Planners Inc. was awarded on -call design services. The bid permitted additional one-year increments for these on - call services using the fees identified in their bid. Facilities is recommending the -additional one-year increment from August 1, 2021 through July 31, 2022 for this on -call service. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director ec.00-44e-66&) -aa5O 5C7©O o`71 Title: AMENDMENT # 2 TO AGREEMENT BETWEEN WELD COUNTY AND ROBERT SHREVE ARCHITECTS & PLANNERS INC. This Amendment is made and entered into this 15TH day of July, 2021, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as the "Department", and Robert Shreve Architects & Planners INC., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement identified by the Weld County Clerk to the Board of County Commissioners as document No. 2019-2250, approved on August 12, 2019. WHEREAS the parties hereby agree to amend the terms of the Agreement in accordance with the terms provided herein. NOW THEREFORE, the parties hereto covenant and agree that the Agreement shall be amended as follows: 1. The current term of the Agreement will end on July 31, 2021. The term is hereby extended for one year commencing on August 1, 2021 and ending on July 31, 2022. 2. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day, month, and year first above written. CONTRACTOR: By: Name: GLQ1_+) . chmi Q t1QS\6-Q//N\--- �\ J ATTEST: Weld County Clerk to the Bo BY: Deputy Clerk to the Date -711iS12oZ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO teve Moreno, Chair Page 1 of 1 AUG 0 4 2021 020iii- 0202 Contract Form Entity Information New Contract Request Entity Name* Entity ID"' ROBERT SHREVE ARCHITECTS & CP00027946 PLANNERS INC ❑ New Entity? Contract Name* Contract ID CONTRACT RENEWAL ARCHITECTLRAL DESIGN SERVICES 5040 C2019-2250) Contract Status CTB REVIEW Contract Description* RENEW/EXTEND CONTRACT FOR ARCHITECTURAL SERVICES Contract Description 2 Contract Type RENEWAL Amount* 525,000.00 Renewable* YES Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuiklingGrounds�wueldgov.c ©nl Department Head Email CM-BuildingGrounds- DeFtHeadgweldgov.com COUnty Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA 1 1 ORNEYgWELDG OV.��OM Contract Lead* SGEESAMAN Contract Lead Email sgeesamangco.weld.co.us Requested BOCC Agenda Date* 07 26 2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 07 +22:`2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 61900100 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver ROB TURF Approval Process Department Head TOBY TAYLOR DH Approved Date 0716/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08 04,2021 Originator SGEESAMAN Contact Type Review Date* 07 11:2022 Committed Delivery Date Contact Email Finance Approver BARB CONNOLLY Renewal Date* 08;01;2022 Expiration Date Contact Phone} Purchasing Approved Date 07;29;2021 Finance Approved Date 07,20 2021 Tyler Ref # AG 080421 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 07'20'2021 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 23, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Cairn Design -Architectural & Design Services; (2019-2250) As a result of the Architectural & Design Services bid (B1900100), Cairn Design LLC was awarded on -call design services through July 31, 2020. The bid permitted an additional one-year increment for these on - call services using the fees identified in their bid. Buildings & Ground is recommending the additional one-year increment from August 1, 2020 through July 31, 2021 for this on -call service. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Cori 5e,-14- 0 7/2 7/20 cc. / e&- (r776- 1_ 077-c.20 2atg-22So "86-0©2.1 CONTRACT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS AND GROUNDS AND CAIRN DESIGN LLC. This Agreement Amendment ("Amendment"), made and entered into 22 day of Julv, 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings & Grounds, hereinafter referred to as the "Department", and Cairn Design LLC., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2019-2250, approved on 07-31-2019. WHEREAS the parties hereby agree to amend the Original Agreement in accordance with the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. Contractor agrees to the provide the design services described in the Original Agreement for the extension of time beginning 08-01-2020 thru 07-31-2021. 2. Department agrees to compensate Contractor for said services in accordance with the Original Agreement for this extension of time. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Kenneth R. Caudle - Cairn Design, LLC Printed Name Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair ATTEST: Weld Co BY: JUL 2 7 2020 ,ddritev Jeldo;,,k. Deputy Clerk to re -Board IPA 02O/9,2 .2 RE: CONTRACT AMENDMENT FOR ARCHITECTURAL AND DESIGN SERVICES - CAIRN DESIGN APPROVED ASUBSTANCE: fl___ Elected Offi or Department Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: rS i County Attorney DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 23, 2020 To: Board of County Commissioners From: Toby Taylor Subject: C2D Architectural & Design Services; (2019-2250) As a result of the Architectural & Design Services bid (B1900100), C2D Architects LLC was awarded on -call design services through July 31, 2020. The bid permitted an additional one-year increment for these on - call services using the fees identified in their bid. Buildings & Ground is recommending the additional one-year increment from August 1, 2020 through July 31, 2021 for this on -call service. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Calfr-1 5P-7 OT 27/20 `B ("-r I„27 �vtq- 22O •g • CONTRACT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS AND GROUNDS AND C2D ARCHfTECTS LLC Mrs Agreement Amendmewn (" Armendment'I, made and entered into aday of WJL KO% by and between the fiord of Weld County Conrnasei em on behalf at the weld County Department of Butanes i Grourdi, hereinafter referred to as the 'Department', and C20 Ardntects DX_ hereinafter referred to as the 'Convector'. WHEREAS the polies entered into an agreement 'the "Original Agreement') identified by the weld County Oert to the Board of County Commissioners as document No. 2019.22Sq approved on 07-29-2019: WHEREAS the parties hereby cute to amend the Original Agreement in accordance with the turns provided herein. NDw tMERE.FORE, M onnuderation of the premises, the parties hereto covenant and agree as follow': • The Amendment, together with the Original Agreement, constitutes the entire understanding between the partles. the following lunge is hereby made to the Catered Documents. which shall be effected* upon the'spratmn of the current term of the Original Agreement: 1. Contractor agrees to the provide the design services described in the Original Agreement for the a ternion d time beginning 08-01-2020 tiro 07-31-2011_ Z Department agrees to compensate Convector for said serrioes vin accordance waft the Original Agreement for this extension of time. • Ail other terms and conditions of **Original Agreement remain unchanged. N WITNESS WHEREOF, the parties hereto have duly metaled the Agreement as of the dry, month, and year first abo•e *amen. Fri e Bt MO OF COUNTY COMMISSIONERS WELD COUNTY, C0LO1tAOO Ml J 020/ le RE: CONTRACT AMENDMENT FOR ARCHITECTURAL AND DESIGN SERVICES - C2D ARCHITECTS, LLC APPROVED AS TO UBSTANCE: Elected Officiaor Department Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: rt J County Attorney DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 23, 2020 To: Board of County Commissioners From: Toby Taylor Subject: GSG Architectural & Design Services; (2019-2250) As a result of the Architectural & Design Services bid (B1900100), GSG Architecture Inc. was awarded on - call design services through July 31, 2020. The bid permitted an additional one-year increment for these on -call services using the fees identified in their bid. Buildings & Ground is recommending the additional one-year increment from August 1, 2020 through July 31, 2021 for this on -call service. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director car? f� � 07727/20 c� 6c er/ 20 r q- 22So f i ce21 CONTRACT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS AND GROUNDS AND GSG ARCHITECTURE INC. This Agreement Amendment ("Amendment"), made and entered into 22 day of July, 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings & Grounds, hereinafter referred to as the "Department", and GSG Architecture Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2019-2250, approved on 07-29-2019. WHEREAS the parties hereby agree to amend the Original Agreement in accordance with the terms provided herein. NOW THEREFORE, n consideration of the premises, the parties hereto covenant and agree as follows: • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. Contractor agrees to the provide the design services described in the Original Agreement for the extension of time beginning 08-01-2020 thru 07-31-2021. 2. Department agrees to compensate Contractor for said services in accordance with the Original Agreement for this extension of time. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: James G Holloway. Principal / CEO Printed Name Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair ATTEST: Weld Co BY: 'JUL 2 7 2020 adeo;t. Deputy Clerk the Board d -s0/9- �� RE: CONTRACT AMENDMENT FOR ARCHITECTURAL AND DESIGN SERVICES - GSG ARCHITECTURE, INC. APPROVED AS TO SUBSTANCE: Elected.PSfficial or Department Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: County Attorney DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 23, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Robert Shreve Architectural & Design Services; (2019-2250) As a result of the Architectural & Design Services bid (B1900100), Robert Shreve Architects and Planners Inc. was awarded on -call design services through July 31, 2020. The bid permitted an additional one-year increment for these on -call services using the fees identified in their bid. Buildings & Ground is recommending the additional one-year increment from August 1, 2020 through July 31, 2021 for this on - call service. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director O7/27/eas Cr-rig 2.019- 2.,2SO �vGeo21 '7- 7-09- CONTRACT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS AND GROUNDS AND ROBERT SHREVE ARCHITECTS &PLANNERS INC. This Agreement Amendment ("Amendment"{, made and entered into 22 day of July, 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings & Grounds, hereinafter referred to as the "Department', and Robert Shreve Architects & Planners Inc., hereinafter referred to as the "Contractor". WHEREAS the parties eatered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2019-2250, approved on 08-12-2019. WHEREAS the parties hereby agree to amend the Original Agreement in accordance with the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. Contractor agrees to the provide the design services described in the Original Agreement for the extension of time beginning 08-01-2020 thru 07-31-2021. 2. Department agrees to compensate Contractor for said services in accordance with the Original Agreement for this extension of time. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: (�k2,`L 1 ► ► QiN( Q Pri Sig ature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair ATTEST: Weld BY: a JUL 2 7 2020 Deputy Cler o the Board 020/9-0202. RE: CONTRACT AMENDMENT FOR ARCHITECTURAL AND DESIGN SERVICES - ROBERT SHREVE ARCHITECTS AND PLANNERS, INC. APPROVED AS TO SUI5STANCE: Elected Official`'or Department Head APPROVED AS TO FUNDING: — Controller APPROVED AS TO FORM: P , ez4L.....4 _ County Attorney /D-'029,6 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & ROBERT SHREVE ARCHITECTS &PLANNERS INC WASH BAY & WELDER BUILDING- DESIGN SERVICES hfg q THIS AGREEMENT is made and entered into this ioc day of , 2011, by and between the County of Weld, a body corporate and politic of the State o Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Robert Shreve Architects & Planners Inc. whose address is 801 8th Street Suite 120, Greeley, CO 80631, hereinafter referred to as "Contract Professional". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Proposal Package No. B1900100. The RFB contains all of the specific requirements of Weld County. Exhibit B consists of Contractor's Response to Weld County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. 2.1 Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibits which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 66; ox,64.„05,) ce0/9-0t..2.-o �-�a-i9 B�ooar 2.2 Additional Task Order Work. In addition to that work described in section 2.1 above, the Parties may agree to additional work to be provided by Contractor pursuant to an appropriately executed Task Order, which shall be negotiated between the Parties on an as needed basis. Any such Task Order shall be signed by the Weld County Director of Buildings and Grounds before it shall be effective. In no event shall the total of all Task Orders exceed $25,000 in any calendar year unless first approved by the Board of County Commissioners. Any appropriately executed Task Order shall be automatically incorporated herein and enforceable. 3. Term. The tern of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 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. 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 Modification. 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. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $110,600.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. 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. 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 of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 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 this Project without County's prior written consent, which may be withheld in County's sole discretion. 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. Any and all reuse of Contractor's Instruments of Service outside the scope of this Agreement will be at the County's sole risk and without liability to the Contractor. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. 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 services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. In providing services under this Agreement, the Contractor shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Nothing in this Agreement shall be construed to establish a fiduciary relationship between the parties. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. 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. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The 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. Indemnity : The Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County against damages, liabilities and costs arising from the negligent acts of the Contractor, including Contractor's agents, employees, and subcontractors, in the performance of professional services under this Agreement, to the extent that the Contractor is responsible for such damages, liabilities and costs on a comparative basis of fault between the Contractor and the County. The Contractor shall not be obligated to indemnify the County for the County's own negligence or for the negligence of others. Types of insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. 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. 15. 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. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Robert Shreve Architects & Planners Inc Attn.: Robert Shreve Address: 801 8th Street Suite 120 Address: Greeley, CO 80631 E-mail: rsapinc@aol.com Telephone: (970) 346-0151 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttavlor@co.weld.co.us Facsimile: 970-304-6532 18. 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. 19. 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. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement 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. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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 A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 1) day of 201 CONTRACTOR: Ro Shreve Archi ttects & Planners Inc SBy: S QINse,-2 Name:i�'aet2T'.�) 5 ZF \iG Title: Frz, S 1DC �r,< mogsw,,, Date `1k) �� ; (LO n BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy CI- - to t e :` T,�'//;r�,; rbara Kirkmeye , Chair E I ;. iii ACaRa CERTIFICATE OF LIABILITY INSURANCE i lre.•''-" CATE 0461/00NYVYI 0 7(1 612 0 1 9 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 ODES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder la an A0DRIONAL INSURED, the plolicy(ktdt} must have ACIOMONAL INSURED provisions or be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies miry require an endorsement A statement on Ode certificate does not confer tights to the cortifkiHe holder in Ilea of such M nt(ei). PRODUCED! "44 LYNN ZIMMERMAN StafeFarm MARK LARSON. AGENT 4895 4V. 10TH ST. 010-358-8700 t" qo ate#. _,.arrncom 970,3564875 e!$ttiteLiauktrWerO C0Y@ MME I M,AIC $ GREELEY CO 80634 ___ _ _.. _. A, State Farm En and Casualty araf _ 25143 _.. .. INSURED ROBERT SHREVE ARCHITECTS & PLANNERS INC- _ _.- a , Slate Farm Mutual Automobile insurance CompafTy 25179 INSUMI- C e '"" 801 8TH ST, SUITE 120 wsuRno: _ aasLIAM E GREELEY CO 80631 eaccate P. CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT r0 ALL THE TERMS EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES LIMITS SHOINH MAY HAVE BEEN REDUCED BY PAID CLAIMS. MIR ,. _ . f5tfi 1+�.. _ - LTR • TYPE OF EVWRAN GE � 1M+aD PO4iGX .__ rtEtlflTdIµNY4 UMITS * COMMERCIAL GENERAL LIAMUTY ' EA.C,,, py f{E Is 2,000,000 ..s ? i 300,000 MED E>« f txwr 1 I s 10,000 A ; Y ` Y 96.8K -P5663 _..____... 03/29/2019 0312912020 �_ `R5neAssvlrl_uRr f 2,000000 3 GA N'I a4,GRECiAt E t,SACT APPLIES PER j , _ I GErycnAL AG_:fIEGAIt - D 4,0'00.000 ' 4OLICr ;_._ __.. uT ___ LGC 3 PRCIDXTS-CI?8f9CP ACC, s$'0 esTHFR s AUTOMOBILE LIAON.DTY d f';)M 0 ',1N .LE l�ifn` • .._ I I lEE __ Arw �; I 156 3701.820-06G 02/2017019 0812012019 i BGGIL' n ' Rv ;Pxpaee�n; _._ - 3 — - s 1,000,000 B . ovNr.E3 Sr HE D. F,-; i pt , AUTr15 ONLY 41,70SI N(:EJILY H.-.1Rv ;P« nadcrhi "� f T.4t# ,t D00 HIRED UNLT �- NC.`.RPM:ED t I Pr1f1f�A'i-04mAt;� rI 1, ..-. ,. UMBRELLA UAS CCCLR EXCISE LU1a F`.Awu +14;x.1; RENEE $ s C1Ft1 TAT@.4 1< + i f ANe ! Y 4'"1~12 I t5rn. ETA#1JfE _ 1 Et? 1 N P .PA CLaiUk:.₹g 1 N, A E L. EACn,lCC1L£N7 IrM Er In Nt11 !tRt4R9i*t':`rlT{I 1�4Tvaeh.'w E L DIS:as - EA EMPLOY s k.4 AgE:.s43tix.ruslrt-I:.i t oESCRITN)N OF OPERATIONS r LOCA TIOMS 1 VEHICLES IACORD 1M, Addlllrrl Rrnrrlo SclINdlds, Nmv W s11EshsE If mom sparely reRuY.R) PROJECT NAME. TRUCK AND CAR WASH BUILDING k ADDITIONAL. INSURED COUNTY OF WELD BOARD OF COUNTY COMMISSIONERS 1150 O ST GREELEY, CO CO 80631 ACORD 25 (2016)03► CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE witH THE POLICY PROVISIONS. CUBS -201 ARD CORPORATION. All rights reserved. The ACORO name and logo are registered mania of AC V.:01466 11{7XK! 1J ]itR-LO'6 Client#: 1083426 ROBERSHR ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/16/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Services, LLC P.O. Box 7050 Englewood, CO 80155 800 873-8500 CONTACT NAME: --------. _ Pl - — ---- — ----„X (A/C, No. . Exe): 800 873-8500 1 (NC, Na); ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : PInnacol Assurance Company 41190 INSURED Robert Shreve Architects and Planners, Inc. 801 8th St., Suite 120 Greeley, CO 80631 INSURER a : XL Specialty Insurance Company 37885 INSURER C : - INSURER INSURER E . INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POL CIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -- ADOL.BUB .PO1,�CY�� POUCYE%P LTR _ _ TYPE OF INSURANCE ._._._. JIM tlyVD POLICY NUMBER _._ y{MM/DQ/YYra thlwoo/YY(Y)_ , __.�_ _._ _ _.__. LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMSMAOE , OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JEC I LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY UMBRELLA UAB OCCUR I EXCESS LIAR CLAIMS -MADE DED I RETENTION $ PREMISES (EaEo Twrancel MED EXP (Any one person) $ PERSONAL S ADV INJURY GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG '" COMBINi D SINGLE LIMIT (EA ecadent) —.. BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) S a A WORKERS COMPENSATION AND EMPLOYERS' LUUlIUTRYl� OFFICERIMEMBOREXXCLUDED? ECUTIVEIYlI�1N (Mandatory In NH) l If yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liability Claims Made NIA x 3205439 DPS9940018 EACH OCCURRENCE {AGGREGATE j $ 04/01/2019 04/01/202 x r a STATUTE l OTH- I E.L- EACH ACCIDENT $1,000,000 E.L. DISEASE • EA EMPLOYEE $1,000,000 03/31/2019103/31/2020 1 E.L. DISEASE - POLICY LIMIT $1,000,000 per claim $2,000,000 annl aggr. $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Waiver of Subrogation in favor of County of Weld, a body corporate and politic of the State of Colorado, by and through it Board of County Commissioners applies for Workers Compensation CERTIFICATE HOLDER CANCELLATION Weld County 1150 O Street Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 #S26173793/M25395780 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SSZBC Contract Form New Contract Request Entity Information Entity Name* ROBERT SHREVE ARCHITECTS & PLANNERS INC Contract Name* WASH BAY DESIGN SERVICES Contract Status CTB REVIEW Entity ID* @00027946 ❑ New Entity? Contract ID 2985 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co weld co us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ARCHITECTURAL DESIGN SERVICES FOR THE'NASH BAY CONSTRUCTION AND ON -CALL PROJECTS Contract Description 2 Contract Type* CONTRACT Amount* $110.500 00 Renewable* YES Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email BuildingGrounds@weldgov.co Department Head Email CM-BuildingGrounds- DeptHeadaweidgo :. cosy. County Attorney GENERAL COUNTY AI I ORNEY EN1AIL County Attorney Email CM- COU NTYA I I ORN EY@NELD GOV.COM Requested BOCC Agenda Date* 07/29/2019 Due Date 07125/2019 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 OnBase Contract Dates Effective Date Review Date* Renewal Date* 0711312020 07,'13/2020 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TAYLOR DH Approved Date 08/01/2019 Final Approval BOCC Approved BOCC SignedDate BOCC Agenda Date D8112:2019 Originator SGEESAMAN Finance Approver BARB CONNOLLY Legs! Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date n3105/2019 08/C.6/2019 Tyler Ref # AG 001219 Submit AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & CAIRN DESIGN LLC CENTENNIAL COURTROOM REMODEL- DESIGN SERVICES THIS AGREEMENT is made and entered into this day of 3V L' , 2011, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Cairn Design LLC whose address is 1805 Sheely Drive, Fort Collins, CO 80526, hereinafter referred to as "Contract Professional". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Proposal Package No. B1900100_ The RFB contains all of the specific requirements of Weld County. Exhibit B consists of Contractor's Response to Weld County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. 2.1 Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibits which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. M:C/G/84,2-&664r) 66-P0,2i 2.2 Additional Task Order York. In addition to that work described in section 2.1 above, the Parties may agree to additional work to be provided by Contractor pursuant to an appropriately executed Task Order, which shall be negotiated between the Parties on an as needed basis. Any such Task Order shall be signed by the Weld County Director of Buildings and Grounds before it shall be effective_ In no event shall the total of all Task Orders exceed $25,000 in any calendar year unless first approved by the Board of. County Commissioners. Any appropriately executed Task Order shall be automatically incorporated herein and enforceable. 3. Term. The term of this Agreement burins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any ti n.e without notice upon a material breach of the terms of the Agreement. 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. 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 andlor materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $58,160.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld. County, or by formai resolution of the Weld County Board of County Commissioners, as required pursuant to the weld County Code. County will not withhold any taxes from ironies 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. 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 ct. 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 of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 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 this Project without County's prior written consent, which may be withheld in County's sole discretion. 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. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. 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 services 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 services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. 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. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and. Indemnification. (;metal Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract .Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The `the Contractor stipulates that it has net 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. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the tetras of this Contract or on account of any act, claim or amount arising or recovered under workers" compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. 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. This paragraph shall survive expiration or termination hereof. Type; of Insurance: The ContractoriContract Professional shall obtain., and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 forproperty damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. 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. 15. Exam' ation 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 hooks, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years fi om the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation tinder this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via entail at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Cairn Design LLC Attn.: Ken Caudle Address: 1805 Sheel y Drive Address: Fort Collins, Co 80526 E -mall: ketaairndesignllc.com Telephone: (970) 286-7968 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: navlor@co.weld.co.us Facsimile: 970-304-6532 18. 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. 19. 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. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement 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. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of weld County, Colorado or its designee, 27. Choice of Lave/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. 28. Public Contracts for Services C.R.S. §8-17.5-1018 Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perfoi rri work under this Agreement, through participation in the E -verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien_ Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confii ill that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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 A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this le day of ,2011 CONTRACTOR: Cairn Design Ilk By: - Name: I ‘e Rt e/ S -7,,,t Title: '•,1 ',vase/Ada, F-E./.iJa / prat Date L.) L 7 1 g 2-c) 1(:). WELD COUIW: ATTEST: % 'eAk. Weld Cty Clerk to the Bard BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy CI o he Bo Freeman, Freeman, Pro-Tem JUL 20'19 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: MAY 14, 2019 BID NUMBER: B1900100 DESCRIPTION: ARCHITECTURAL & DESIGN SERVICES + ON CALL DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE = iD • !FERENCE DATE: MAY 30, 2019 BID OPENING DATE: JUNE 13, 2019 Exhibit A 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: ARCHITECTURAL & DESIGN SERVICES + ON CALL A mandatory pre -bid conference will be held at 8:00 AM, on Thursday, May 30, 2019, at the Weld County Building located at 1250 H Street, Greeley, CO 30631. The pre -bid conference will allow a tour of all the major building construction sites. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administration Building, 1150 O Street, Room ##107, Greeley, CO 80631 until: 10:30 AM on Thursday, June 13, 2019 (Weld County Purchasing Time Clock). PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. = 1D SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at https://www.weldgov.com/departments/purchasing/bids proposals located under "Bids / Proposals / Tabulations". And, on the BidNet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an online 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 Delivery to Weld County - 2 methods: 1. Email. Emailed bids are preferred. bids@weldgov.com. Bids may be emailed to Emailed bids must include the following statement on the email: "I h reby waive my right t• a sea0ed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/ma hard ca pies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1160 O Stre t, Roo 4107 Greeley, CO ;0631. Hease call urchasorng at 9704004222 or 4223 if you have any questions. 3. INSTRUCTIONS O MOD S: INT -? ®DUCTORY IN -'ORUTA LION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. rids by partnerships must furnish the full names •f all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretanj, 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 Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shell agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director 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 Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any b®®ks, 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 BID REQUES #B1900100 .4,4 S,-arriril'.��1.•Ifv' y3•d, u�C4 i �t rk�� ak.S�''aw'� :: a T 4»•i Ne.JC�e`v'�. ° �{LZuru:lli.F1 ;at Page 2 bids, to award the bid to multiple vendors, a Id to accept te bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications nd scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES — ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State ,•�f Colorado program established pursuant to C.R.S. §i-17.5-102(5)(c). Successful bidder shall n ot knowingly employ or contract with an illegal alien to perform work under this Agreement or e nter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a naAI employee to perform 1 ork under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such e mployees. Successful oidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United Slates pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the dorms of BID REQUEST #B1900100 Page 3 identification require°' by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.6-103 prior to the effective date of the contract. 5. o EN PROvOSDONS: A. Fun gi• vailabolotyo Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trace Secrets and other Confildentiia0 OnformaUono Weld County discourages bidders from submitting confidential informs- ion, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring shat all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuanyto CORA, .nd disclose those portisns staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Gvernmental Immunity: No term or condition of the contract shall be construrid or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Incepend nt Ccontr °tor: The successful bidder sh all perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and .gents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for •,r otherwise provide such c,•-verage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County t•- any greement, liability or understanding, except .s expr ,ssly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. '-Af+��.`,,aufioLr' .e a�`a'. g .rf &'.: "` migEt :TIk` V.TMIEsEsz ta'z' '?�-,. .� ::7ayrarsaatp,,bv BID REQUEST #B1900100 Page 4 E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Lave: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. ESEIMM �,V.N.�13'T�%`'Fl i'J.`� " ,�.'' '.;e"..:R.:.^ $�'`;.. r yt`L: w' .era ^F3 '^i Yl.-f'-E'-rr9— , 712r'1}r p';' 'v+Y' S` 5 zr ,STtlir{Sr�'f}'�`7 VE s v ys e Ke�'T�m✓.��,Ctri2�.?�`a" ,, r'• �, 1T:m r 1 3 �'li'La > �.y ;:.. X�'€..zs�' » s "" ofu.a:'U0t��'�sY<..:z.'�.:.�"-%�..-•;.�L �'l�'_ .. :...�m', sw�i'�,.arsY'�3ruTi "�zI�"�'�: �'�.�,�"E" _ _�%t ' �'.,e' i' � � u(v �c` 7.w '�E.' _ .Fn _ BID REQUEST #B1900100 argant, eamo Page 5 N. Subcntract•rs: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. .�f+gaifl+`�;,'..'�i`�re?akf + nE '7..�- y,7, +Ft :° ll % irs l? - f.c'en 4. 4:1471rr r`�ti� .u..Y.lia. 6a a 11 BID REQUEST ##B1900100 Page 6 R. Non -Exclusive, Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C. .S. §§24018=201 et seq. an §24-50-50`x. The signatories to this Agreement agree that to their knowledge, no e-nployee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. S-verability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitratitn Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of Cc unty Commissi ners 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. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 5. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any WrMnirATTZWtravraMirM eS.ld.�d.Jf';f';i86 _'≥ '-.'7474- �. � n' .Nyv . a- _ ^a �� .�:��iis n. - Wiz, _h'n'e` ir,�}G�i.x:.�.g�:..,r„h> tc �==ray,°,m. «. +'"ut'�' uvSurv`. x"'"._ .:d..a ..v... L(a1�:.�'` —1 � �'}i"�GuYx s�fC% BID REQUEST #B1900100 Page 7 extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VII o r better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible o r self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed o r pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract P rofessional to conform to any statutes, ordinances, regulation, law or court decree. The Contract P rofessional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. :�; sy> v-,•,-� r . ¢i, ^_s�—API"." . iJy i h..a r. t: r T �^;'�s5�!�v . 1 V} �c,� ....ctitu::..ww.n.:.fiil.:..�:�.l.:i�.�.::�13�" i..;=.i.:::s"...:1:.�.:E".:ite.risecu.:YL:��lir.::��.ii1:'�1t`d-0{xa.1�'sM .sYr.., ia'3taY..`�i�.�Y^Ft.�wG�si�u.�.f7iw..�.•LZ�_�..^�4`�:du,i'J/.tT,Gilie'.+s��r T.'�?h':SrL4:iJ BID REQUEST #B1900100 Page 8 Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. C^�3^'...Lc.i....cs..a]._?i.�la`�! oo h r, :.1.?->�±.,.rn` .w....•.�:.a..r`t��')`s��.';. iv ii�'."�i �3."1��:�{-'.'f`i`,uS'h'.:':'i'r�1.c�..a..:��i".�>>)7r1�'LYt.-..-SS4I :..^S"��`�_ ��= �fb• , e .ci-7.0 e7INVE'tk-'�ci:'��` 3534 u'"W"Zr:ti a.i;:'}.L',�"r.-c'LJ'`£i">7:::r:'�'i. » " BID REQUEST #B1900100 Page 9 Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. MEEMiraIIMESIMMEMESNMEZEMEZIEUanZSMIRMAs•'t •-_S�.�5Sti rtatta 1,.:.E. c.:ds3:tl� tatil`au�d $1°M�e�.''`�v V' o `a BID REQUEST #B1900100 Page 10 Architectural & Design Services Tears OVERVIEW: Weld County intends to contract with up to four (4) separate consultants to provide architectural/engineering services for four (4) separate major Weld County projects. It is not expected that one consultant could be selected and be able to complete all work projects as the types of facilities and services needed in the given timelines throughout the County vary. Thus, Weld County has chosen to select multiple consultants. A. Major Projects: The four (4) major projects include: 1. Coroner Remodel Addition located at 1121 M Street, Greeley, CO 2. Centennial Courtroom Remodel located at 915 10th Avenue, Greeley, CO 3. Administration Building located at 1250 H Street, Greeley, CO 4. Wash Bay and Welder Building located at 1111 H Street, Greeley, CO Each project will be guided by a representative from Weld County Buildings & Grounds Department and may include an agent from the department affected by the project (hereinafter referred to as the "County Project Team"). A Weld County Buildings & Grounds representative is the prime representative that will coordinate consultant's work. N OTE: The Coroner Remodel and the Wash Bay building will need to go through the City of Greeley Planned Unit Development (PUD) process. Bidders shall include their personnel hourly support for this process in their fees. However, any fees paid directly to City of Greeley for the P UD process will be paid by Weld County. BACKGROUND: Weld County develops conceptual projects using in-house staff to determine feasibility and budget funding. Once a project is funded, professional design services are needed for schematic design, design development, construction documents, and construction administration. PROCUREMENT METHOD: This solicitation is for the following: • Delivery Method: Design portion of the Design -Bid -Build. The Design -Bid -Build (DBB) is the traditional project delivery method in which County either designs or retains a designer to furnish complete design services. Then solicits bids (advertises) and awards a separate construction contract based on the designer's completed construction documents. In DBB, the agency "owns" the details/risks of design during construction and as a result, is responsible for the cost of any errors or omissions encountered in construction. •,: ms's "c f$"iiZ graeA BID REQUEST #B1900100 .M, Page 11 ® Procurement Method: Request for Proposal (RFP) is a purchasing process where an advertisement requesting proposals for work in accordance with the requirements as o utlined for a project. RFP will use a selection team based on a scope of work. During the selection process, the department uses interviews and a scoring form to rank suppliers o r consultants. The highest ranked firm is selected and enters into contract. If an agreement to contract cannot be reached, an agency can negotiate a contract with the second ranked consultant and so on until an agreement is reached. ® Pricing Method: Lump Sum Price. The lump sum is the simplest and easiest price. Based o n 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. PRELIMINARY SCHEDULE: Date of this Bid May 14, 2019 Advertisement Date May 14, 2019 Pre -bid conference May 29, 2019 Bids Are Due June 13, 2019 Interviews June 24-27 Contract Award Notice July 1, 2019 Begin Design Services Immediately upon notice of award contract Schematic Design (30%) Aug 15, 2019 Design Development (60%) Oct 15, 2019 Construction Documents (100%) Dec 15, 2019 SCOPE OF WORK: The following Scope of Work should be considered the minimum that the consultant shall provide. PROJECT DESIGN MANAGEMENT AND MEETINGS: The consultant shall coordinate the work of the consultant team, document progress, provide communication with the County Project Team, and present project results including the following work items: A. The Consultant Project Manager shall be the primary point of contact and coordinate work effort, resources, communications, document production, and billings on behalf of the consultant and team members. SITEa'ir1tTJ£„` ' `"� �.. t�Jr�.4.`ait-As .:4y-t7..2.tv'.fi?`rra49s,ar�k G�ash'0�^ , _ z:. str.ilitT3 '..cY siist'1.e,®:v�fs z tat L:rreg�:]�J'�f..il�.tf'i4".gi1r. aT.:011 BID REQUEST #B1900100 Page 12 B. The Consultant shall conduct a project kickoff meeting for each new project with the County Project Team, including a site visit to the Facility where work is being considered to thoroughly review existing conditions and facility needs. C. The Consultant shall plan to attend up to twenty (20) on -site meetings during the design phase for each project with the County Project Team to discus work tasks and solicit input. Other key consultant team members shall participate in -person or via teleconferencing as necessary based on the scope of each project. DATA AND INFORMATION REVIEW: The Consultant shall be responsible for researching, collecting, and analyzing relevant information needed to effectively execute this scope of work. The Consultant shall be responsible for: A. Familiarizing themselves with applicable local, state, and federal regulations. B. Weld County will provide copies existing plans, as -needed, on a per -project basis. Computer -Aided Design (CAD)/ AutoCAD copies of plans are typically NOT available. C. Weld County will provide a summary of employee staffing for each project. D. The Consultant will provide a summary of space needs with assistance from the County Project Team E. The Consultant along with the County Project Team shall provide a summary of telecommunications, data connectivity, and technology needs. FACILITY PLANNING: The Consultant shall guide the facility planning process while working with the County Project Team to define the scope and extent of components to be included in the design of each project. The Consultant shall provide the following as part of this task: A. Review office space allocation standards with the County Buildings & Grounds staff to assist in determining the appropriate dimensions/allocation for various space needs. B. Perform a thorough review of space needs for all labor, materials, and equipment as needed for each project C. Prepare a brief memorandum summarizing the results f this task. FACILITY DESIGN AND CONSTRUCTION CONTRACT DOCUMENTS: The Consultant shall prepare a full and complete set of construction contract documents for each Project. The Consultant shall provide the following as part of this task. A. Design Process: Develop plans and specifications for bounty 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. BID REQUEST #B1900100 Page 13 ® Schematic Design (30% complete) — Provide schematic design drawings for review and comment by County Project Team. • Design Development (60% complete) — Provide draft plans and specifications for review and comment by County Project Team. Participate in preliminary plan review meeting with County Building Inspections staff (Planning Department). Permit/Construction Documents (100% complete) — Provide two full and complete refs 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 sit in PDF and hard copy to Buildings and Grounds. • Project Risk — Maintain a project risk register throughout the design process including value engineering approach. B. 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 Buildings & Grounds 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. C. 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). D. Structural Design: Produce structural plans and specs in compliance with all State and Local building codes. E. 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 waste water disposal; electrical plans, specs, schedules and diagramming for power, lighting, and provisions for emergency standby power generation if included. F. 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. BID REQUEST #B1900100 Page 14 G. 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. N. Revit or BIM modeling is not required. PROJECT SUMMARY AND REPORT: Upon completion of construction work, the Consultant shall prepare final as -built of the Project. A. Provide to Weld County one (1) set of hardcopy and one (1) yet of PDF documents of the completed project documented along with AutoCAD with final as -built of the Project. B. Conduct a post -meeting debriefing discussion with the County Project Team. USE OF SUB CONSULTANTS: The proposer shall indicate in their proposal 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 proposal submittal. QUALIFICATIONS & INSURANCE: Qualifications and insurance, at a minimum, should include the following: • The consultant must have Architects)/Engineer(s) with current State license(s). • Mint carry Professional liability insurance (PLO, also called professional indemnity insurance (PII) but more commonly known as errors & omissions (E&O) PROPOSAL SUBMITTAL: Please submit your proposal, 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. Your proposal shall include Four (4) paper proposals AND one (1) .pdf proposal (matching the paper proposal exactly on one single file) on one (1) FLASH DRIVE is required. Incomplete proposals may be rejected. A. Signed SIGNATURE PAGE of this RFP B. Table of Contents C. Brief summary of the proposal, including Statement of Understanding showing familiarity with the Scope of work D. Explain your (consultant's) capabilities, qualifications, history, and experience in providing all services described in this RFP and include the following: 1) The consultant's experience working on public sector projects BID REQUEST #B1900100 Page 15 2) Copies, if any, of certificates/awards pertinent to the scope of Work 3) Provide date established, state incorporated, office location(s), previous names the firm has used in the last ten (10) years, geographical area(s) where most of the firm's work occurs and a general description of the firm and its history 4 Provide all pending or past legal action (including lawsuits, claims or liens) or arbitration proceedings in which your firm has been involved during the past five (5) years involving Owner, Architect, Contractor, Subcontractors, or other Entities 5) Requested (if possible) - Web links (preferred) or copies of two (2) completed similar projects (if you are including hard copies with your proposal, ensure the copies are of the end of your proposal) 6) Provide at least five (5), but not more than ten (10), references for your firm and your proposed engineering firm(s). Include: company name, contact name and title, contact phone number and email address, and project information. Identify your lead team member(s) that work on the reference. Weld County will use these references to provide proof of qualifications and understanding of Weld County's Scope of Work and that the consultant has the experience and qualified personnel necessary to complete the Scope of Work. Limit this section to a maximum of ten (10) pages in length. 7) Provide your firm's approach and experience with designing, engineering, life - cycle costing, system evaluations, material selections etc. related to sustainable design E. Organizational chart and resumes of all key staff and core staff that will be involved with providing services, including: 1) Identify Who will act as the primary contact person to Weld County for this project. 2) 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 3) A description of the individual's background and experience, including any unique qualifications, related qualifications, and relevant experience 4) Years of experience 5) Years of experience with the firm 6) Years of experience with the proposed project team F. Consultant's approach to the work outlined in the Scope of Work 1) Description of the approach should include sufficient detail BID REQUEST #B1900100 Page 16 2) Provide a narrative description of the work to be accomplished and your approach to completing the work 3) Describe the proposed work including the phases, processes, documents, deliverables and all applicable requirements 4) Description of your approach to communication(s) G. Proposed Project Schedule 1) Describe how your firm handles the various communications, including meetings and project schedules, to keep the project running smoothly 2) Describe how your firm can respond to quick -hitting design requests requiring turnaround times to be expedited in some instances H. Proposed Fee Structure (pricing needs to be not -to -exceed pricing) 1) Complete Attachment A - Project Rate Sheet 2) Identify the hourly rates for all personnel, by title, who would be working on this project 3) Include all anticipated reimbursable expenses in your proposal I. Statement of consultant's intent to sublet portions of the work, identifying what is intended to be sublet 1) Include the name of the sub -consultant and a statement of qualifications of the sub -consultant 2) Include a completed Attachment A- Project Rate Sheet for each sub -consultant you intend to sublet with BID REQUEST #81900100 Page 17 EVALUATION CRITERIA: Proposal submittals will be individually evaluated by each Evaluation Committee member. The criteria below will be the basis for review of the written proposals. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Criteria Standard Weighing Factor Firm Capability ® Does the Consultant, key staff, and/or sub -consultants have the experience and qualifications to perform the Scope of work? Does the Consultant possess the background and experience to meet the needs of the County? 25% Consultant and Ivey Staff Experience and Qualifications Does the Consultant possess the qualifications needed? ® Does the Consultant have experience in designing a variety of public sector projects? Does the Consultant's personnel have the experience needed to complete the projects? ® Do the sub -consultants, if any, have the qualifications, experience, and key personnel needed? Does the Consultant provide experience and ability for life -cycle costing and system evaluation on projects? 25% Project AY proch Does the Consultant's approach allow the Evaluation Committee to determine how the respondent will best meet the needs of the County? Does the Consultant's approach detail how they will be able to handle the various communications, including meetings and project schedule, to keep the projects running smoothly? ® Does the Consultant's approach detail how they plan to manage meetings and project schedule, making sure the project runs smoothly and on time? c, 15% Firm Availability and Project Schedule Does the Consultant have the mailability and commitment of key staff members and other staff and resources (sub - consultants) needed to complete services in a timely fashion? ® What means does the Consultant have to accommodate urgent project needs for quick turnarounds on tight schedules? 15% ost Is the Consultant's fee structure competitive, reasonable, and advantageous to weld County? 20% f ' av'�[l[CW' W � .f 3T-LaaYi�.1:./' S11wr...`Mi w5"?� atadck�a a�S �ei7rad.E�6 `''1.�. i�ti.2r s by BID REQUEST #61900100 Page 18 AWARD AND AGREEMENT: Interviews may be held, and references may be contacted, to assist in the decision for award. A formal agreement will be awarded to the vendor with the most responsible, responsive, reasonable proposal, deemed the best fit and most advantageous to Weld County. A Sample of Weld County's "Professional Services Agreement" is included with this Request for Proposal and posted on the web site. It is expected that any exceptions or requested additions to the attached agreement be stated and submitted with your Proposal. The County makes no guarantee any changes or concessions to the standard agreement will be made but will review and consider all requests. ON -CALL PROJECTS: In addition to these major projects, Weld County has other projects that it intends to utilize the awarded vendors from the four (4) major construction projects above through an on -call basis. The firm selected for the on -call projects will be based on the project type, scope, and firm experience. Services include, but are not limited to, planning and engineering for Architectural; Civil, Landscape, Structural, Mechanical, Electrical, Plumbing, and Interior Design. The types of projects for upcoming on -call design services include, but are not limited to, the following: Justice Services Building Remodel Human Services Building B Remodel Evidence Building Addition at Crime Lab Jail Courtroom Public Works Operations (Minor) Assessor Office Jail Data Center Air Conditioner & Room changes 1400 Cash Room 1402 Remodel Exhibition Kitchen Upgrade . Hood 4H Kitchen Exhaust Hood Greeley Mag Chloride Tanks Kersey Mag Chloride Tanks Ault Grader Shed Building The County, at its sole option, may offer to extend the contract for up to four (4) additional one- year terms for each vendor to provide other on -call services. The extension option may be exercised providing satisfactory service is given and all terms and conditions of the contract have been fulfilled. Such extensions must be mutually agreed upon in writing, by and between the County and the Award Vendor(s). For the on -call services, identify the hourly fee structure for these services in the table of Attachment A — Project Rate Sheet. OR MM� :s Aac..lig`7 ^.3' ,` l `w`,•i�fil:t' .��e? G�I ;SI.,A '':s ., Le?S: �, �,,�p n4 - �`p,+�y:0^ !'x(.' N FwwYn•4� �-}Y2`wA}"'3r�'i➢itlC.'L��l L.(iL.'rILmarl�.'L�I�w5GS:�k`. .Y,r' ...0tlA^' 4gS'YLLi./ ' arallt'ar .1771:=S.ka_..•._:: x�+'5 BID REQUEST ##B1900100 Page 19 Attachment A — Project Rate Sheet PROJECT RATE SHEET Complete both pages of this Project Rate Sheet FIRM NAME: Phase Coroner remodel ditoon Centennial Courtroom Rem del 1250 dministration em el \ Wash Bay eler zuil Greeley Planned Unit Development N/A N/A Schematic Design Design Development Construction Documents Permitting/Construction Administration Interior Design Total REIMBURSABLES Please provide markup amount for reimbursables, such as large format copies and plans, postage/shipping, mileage, and any other standard reimbursables. Additionally, submit a Unit Cost Summary Sheet as part of your proposal. Percent markup for Design Reimbursables Please provide a schedule of hourly rates for all proposed team members; please detail any members not listed. HOURLY RATES Principal $ Associate I $ Project Manager $ Project Architect $ Project Engineer Designer Draftsperson Intern Contract Administration Civil Engineer Electrical Engineer Structural Engineer Mechanical Engineer $ Interior Designer $ Continue on additional page(s), as necessary $ Other (list) Other (list) Other (list) Other (list) Other (list) Other (list) Other (lief) Other (list) Page 21 SID REQUEST #B1900100 Continue on additional page(s), as necessary Other fees not listed (list): $ A priantLr rembid conference wa88 be field ,n Thurscia � i�ay 30. 2019 at P:00 ,s! ''tit''' at the Weld County =� u i i i ng k ocated at 1250 H Stre -�t, Greeley, CO 80631. * Note: The pre -bid conference will allow a tour of all the major building construction sites. Bids will be received up to, but net I PURCHASING TI :,'E CLOCK). ter than Thursday, June 13, 2019 at X10.30 11 The undo rsigned, by his or her signature, hereby acknowledges and represents that: D COUNTY 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1900100. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY BUSINESS ADDRESS (Please print) CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE DATE FAX TAX ID # E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY iS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBE IS PS0 551-0000. YOU DO NOT NEE TSEND BACK PAGES 1 -10. ERMIST: . Vi^rre�; ..v L�n-�Y r-,)� rI iCY�r.� 'in v Eg z r. a� (((a 7S' ` "i..� Ni u e 1 �OAIL'�.� :u'4�U ' UMEM;.vL 7wt'R`[ �Ys ,a :fY�� all d.�a�'k2's r 4atatu.$tTl, k"ttai 3�F" aL'.•.c�'rYizlSb2tu;-irxii::L;4aiMeisvi"'oA`MtW".L'Ui'lrr.s,`STSr.7atailai2Yu1ti'[d1al BID REQUEST ttB1900100 Page 22 F X E Attachment A Project Rate Sheet PROJECT RATE SHEET Complete both pages of this Project Rate Sheet FIRM NAME: CAIRN DESIGN, LLC Phase Coroner Remodel & Addition Centennial Courtroom Remodel 1250 --dministration Remodel Wash Welder Bay ,:„ Building Greeley Planned Unit 8,500 N/A N/A $ 8,500 Development Schematic Design 29 748 11, 832 21,518 $ 33,726 Design Development 44, 61 � 17,443 32,277 $ 509 589 Construction a Documents 44,619 $ 17,448 32,277 50,589 Permitting/Construction g. 14,873 5,816 10,759 16, 863 Administration Interior Design � , 14, 873 5,816 10,759 3,373 Total 157,230 58,160 107,590 163,640 $ ' REIWBURsABLEs Please provide markup amount for reimbursabies, such as large format copies and plans, postage/shipping, mileage, and any other standard reimbursables. Additionally, submit a Unit Cost Summary sheet as part of your proposal. Percent markup for Design Reimbursables 10 Reimbursable expenses are estimated at $650.00 REIMBURSABLE EJCPENSE RATES Reprochtetion Rates (ail F nd a 8'ix x 11 • 18x 24 24 x36 3Ox42 [362(48 Black & White S 140 !XL -. .$tlWZ. St) ._. $ 2.?5 S 3.O0 S 3.5O S d.4 Mileage current federal rate Color 14.0(11- 4 x S15 0O ' 52O.0O S4O.0O SS0.04i Sao.o_ I P l w ....uwr.r�....!'.n.r4w ‘,„% Size elk & Coles While s0�.4wNM.VYWAt.5WAM..w.!MIIFM:i11wMAWwWN1.. W wuu ...................r..!w..... •�,... ... .v. ..w +..� 75 YU.NM\rJiMFMYJ.Y.RVMIANIs,TNI.n..Wvl W.Ww... .. .. +v. .a._$ a.W 11x17 X150 S30p 1..x 21 .!� 5 1 75 _ '$4 00 18x 241 $200 ,.S5 00 24 x 36 $ 2-50 $10.00 30x42 S3OCR $15.0 30 x 49 S 3 50 32O.00 :Pitt Hourly _ Continue on additional pages), as necessary 9 Other fees not listed (fist): A mandator rerbid conference win be held on Th'ur dal 30 2019 at a00 AM at the W County Building l®cated at 1250 H Street, Greeley, CO 80631. Note: The pre -bid conference will allow a tour of all the major building construction sites. Bids will be received up to, but not later than PURCHASING TIME CLOCK). The undersigned, by his r her si Th r d kune 1 � � at n20 al . .< �ihaRaNW.gl'Wb_iIh ature, hereby ackn d wledges and rese :ts that: N The bid proposed herein meets all of the conditions, specifications and special ,srovisions set forth in the request for proposal for Request No,. #B 00100. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local takes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications a d scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Feld 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 Commissi ners9 is to the best interests of Wield County. The bid(s) may be awarded to more than one vendor. F C,1=-: 9 DESIGN, LLC KEN CA LE, E 1 R BUSINESS ADDRESS 1805 SIB EELY RIVE (Please print) DATE ` '' E 13, 2019 CITY, STATE, ZIP CODE FOIST COLLINS, C 80526 TELEPHONE No 97'9.286.7988 SIGNATURE )7s)v FAX TAX ID # 46-5622-900 E-MAIL KEN@CAIRNDEStGNLLC.COM "ALL BIDDERS SHALL PROVIDE Al ITH THE SUB':ISSIO N F THEIR ELF% COUNTY IS EXEMPT FR + III COLORADO ER IS i ,9 3551-0000. YOU DO NOT NEED T LES TAXES. T::: E C E '.TI FI U .; a SEND ?ACK PAGES '1 —10. oi TE a,, F E f' '? E BID REQUEST#81900100 Page 22 Please provide a schedule of hourly rates for all proposed turn members; please detail any members not listed, HOURLY .RATES Principal Associate $ 175.00 Project Manager Project Architect 125.00 Project Engineer Designer 1115.00 Draftsperson 90.00 Intern Contract Administration Civil Engineer Electrical Engineer "S .:bb.% l,A9N....... ....... Structural Engineer $ 55.00 60.00 125.00 125.00 125.00 Mechanical Engineer 125.00 N Interior Designer 115.00 Continue on additional page(s)3 as necessary Other (lISf)� Other (list) [Other !1St)4 Other (fist) Other (It t) �._ �.... '//' A'S. B: 'V 7.• .............V....•.....X.... V.. Other (list) Other (list) _ Other (list) /4,.‘4/4 BID REQUEST itB1 00100 Page 21 sgar Form (Rev. October 2018) Department of the Treasury Internal Revenue Service -9 Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. e O O. o �® ' Other (see instructions) DP- O. F f 5 Address (number, street, and apt. or suite no.) See instructions. (13 1808 SHEELY DRIVE 1 Name (as shown on your income tax return). Narne is required on this line; do not leave this line blank. KENNETH R CAUDLE 2 Business name/disregarded entity name, if different from above CAIRN DESIGN, LLC 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. 6 City, state, and ZIP code FORT COLLINS, CO $0526 Individual/sole proprietor or single -member LLC C Corporation S Corporation Partnership II Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. P 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if arty) Applies to accounts Malin mild outside the U.S.} Requester's name and address (optional) 7 List account nuMber(s) here (optional) Taxpayer Identification Number IN Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see Hover to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number or Employer identification number 4 Certification 6 5 6 2 2 9 0 0 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Fart II, later. Sign Here Signature of U.S. person ► Date 2/7/2019 General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments. For the latest information about developments related to Forrn W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) e Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) e Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) ® Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) e Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) ® Form 1099-C (canceled debt) ® Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. 1t you do not return Form W--9 to the requester with a 77N, you might be subject to backup withholding_ See What is backup withholding, later. Cat. No. 10231X Form -9 (Rev. 10-2018) ADDENDUM#'1 BID RE EST O. B190 1, 0 ARCHITECTURAL & DESIGN SERVICES + `` s LL PAGE 12 tigi S E iFIcA ION$ UND.ER.PRE1 INARY S HE VC aNTL E Sh Pre -bid conference May 2912019 PAGE 12 OF THE SPECIFICATIONS UNDER PREcOVINARY$C,fiEDULE SHOULD NOW READ: Pre -bid conference May Q 2019 AY 2 endurn received 01 need signed co on fIsm Thank Your** J IRN DESIGN, LLC 1805 SHEELY DRIVE ADDRESS FORT COLLINSCO 80526 I AND STATE KEN CAUDLE, FEE -1,) , f� } i t ■ hE CiY IRN DES 1G LL oC V M ADDEN �} 1 QUEST NO. B1900'100 ARCHITECTURAL AND DESIGN SERVICES + ON CALL Buildings & Grounds Department AMMEND SCOPE OF WORK ON PAGE 12 AS FOLLOWS: The following Scope of Work should be considered the minimum the that the consultant shall provide using the overview description of eachmajor project contained in Attachment 1 ADD ATTACHMENT 1 Attachment 1 is posted on the web site. ryvp.. f fly p file; Thank Yo ��,��.�` ��CAIRN DESIGN, LLC ��I�ed b � .dune 4, 2019 k** Fl 1 05 SHEELY DRIVE FORT COLLINS, CO 80525 CITY AND STATE KEN CANDLE, PE f \N Lat,,l-c BY KEN@CAI RNDESIGNLLC.G EMAIL CAIRN -1 CERTIFICATE OF LIABILITY INSURANCE O I :CK DATE (MMIDWYYYY) 07/18/2019 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 BETVVEEN 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 PM Agency of Colorado, Inc PO Box 3412 Littleton, CO 80161-3412 Cindy L. Kin INSURED Cairn Design, LLC 1805 Sheely Drive Fort Collins, CO 80528 720-465-9116 n.rA,e� CONTACT Cindy L. King 1 N�i� .. _ _... .. PHONE 72€ -465-9116 X tv� ;2 453-8305 �'.^ S- N.'"` �. ,��1....�................+.uw.,rm+>v F iiiv E-MAIL k g prod rwriters.com _ AL O . INSURERS) AFFORDING COVERAGE INSURER A_ RLI Insurance Co. INSURER B : INSURER C: .uY/.J•eWII//v404,14 0.01.••••••11-MIINMIND N.vAfMFM/RfW.dW:fu^NNWieaan\MwNrenwALL4l ' N�AIC # 13056 — ..; nua.earw...•.__ .. YINSURER or. INSURER E • �w..•.wl - �ww�•rM•.wH6:lv'ivvii>YNN/� 1 INSURER F ...w..•••••• .• .nm.._+••le..+1-1int .r e Y"Dees REVISION NUI DER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BEEN REDUCED BY PAID CLAIMS. .. _,. INSR T 4,..-�...... TYPE OF INSURANCE _ �..�.�.. ADIL'UIR I __�_._ .m. ._.� _ �aMMti ' POLICY NUMBER POLICY EFF POLICY EXP LIMITS - A X COMMERCIAL GENERAL LIABILITY . � � EACH 1,aoo,00v QCCURRENCE � ..� e ..,Y,� cLAIMs-MADE .�1 occUR PS6000?254 09/11/2018 09111 /2019 ; w.o.,r...Ae.r•_•-..i.:..._......••,.v...vw.rnvx:xme•,•..ar<.arnm•:.•u v IaAn�IAGIT To I�Et�TE.I� pRE�-IseSa c mitenc — h ....I.mw.lw.wesxlrea«x.w. eaaann.e.x- .1766-6,-666 x MED EXP (My one person) 101000 PERSONAL 8 ADV INJURY 110007660 GE 1. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,Q00,0OQ 42,000,000 POt tcY 1� 1 RD ! ] Lac t PRoaUGTS COMP/OP AGG $ OTHER:„�. fr •'. .... .. .. •a ... �, .. n,.nM�w»vn.mwn.+. .. ., ' AUTOMOBILE LIABILITYI x WayIN►I/L4. 4.%I�IT•� ■�00�11000 I ANY AUTO IPSB0007254 09/'1'1/2018 09/11/2019 BODILY INJURY (Per person) $ _ _ + OWNED AUTOS ONLY E ( SCHEDULED AUTOS I l ! BODILY INJURY (Per ac cIdenti $ #c _ ' AIR S ONLY X j A GAIL PROPERTY DAMAGE (Pear accident), rir ..... ./ A 4. 6 6 Y -m .r ... I .:. . .. /• ..Af w ....... .. ..... .......... .. .. UMBRELLA LIAB OCCUR xMwm � mP rAVY .••y' ...� � ./, I EACH OCCURRENCE �� _ EXCESS LIAB CLAIMS -MADE AGGREGATE $._.._._.._. _ ._ ..._ DED i RETENTION $ $ A WORKERS COMPENSATION _ X PER t j I QTH- EB _ AND EMPLOYERS' LIABILITY Y / N PSW0004058 09/11/2018 09/11/2019 -.-.aTATIITE_ '1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE I E I.,. EACH ACCIDENT $ __,�,,,- �• Fr'CEP:MEMBER EXCLUDED? -Watery N / A 4 . r k � � Oga 1000 al in NH) E.L.DISEASE E.A EMPLOYEE, $ If yes, describe under DESCRIPTION O�F,OPE,RATIC_NS below *. � � ..w-..m..,..ea..,......vn .. ,.,. .. ..,.....o•. „—..... .•....... .. ,.. 1 E.L. DISEASE - POLICY LIMIT_ _. wn..pr.oxwese»s,a 1000 000 _ _ ' ' A Professional (lab 3 RDP0033743 0911112018 09/11/2019 Ea Claim .Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be ached It more space Is required) CERTIFICATE HOLDER WELDCCO Weld County 1150 O Street Greeley, CO 80631 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Q 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and loges are registered marks of ACORD New Contract Request Entity information Entity Name* CAIRN DESIGN LLC Entity ID* 40O39527 Contract Name* CEN i ENNIAL COURTROOM ARCHITECTURAL DESIGN SERVICES Contract Status CTB REVIEW ❑ New Entity? Contract ID 2988 Contract Lead SGEE A Contract L.f ail sgeesaman@c©_weldco.us Contract Description* CEN I ENNIAL COURTROOM ARCHITECTURAL DESIGN & ON CALL DESIGN SERVICES Contract Description 2 Contract Type* CONTRACT Amount* S58,160 00 Renewable* YES Automatic Renewal Crant ICA Department BUILDINGS AND GROUNDS nt Ernaul CM- BuildingGrounds@weldgov.co m Head Email CM-Buildi ounds- DeptHead itigov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTI'A I I ORNEY@WELl GOV.COM 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 Requested BOCC Agenda Date* 07/29/2019 Parent Contract ID Requires Board Approval YES Department Project Due Date 071'2:62919 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Review Date* 07 31%020 rminatian Notice Period Committed Delivery Elate Renewal Date* 07/13/2020 Expiration Date Contact Information Contact Info Contact Name Purchasing Pairchasirig Approver Approval Process Department Head TOBY TAYLOR DH Apprt wed Date 07.25/2019 Final Approval BocC Approved BOCC Signed Date BOdCC Agenda Date Q7r3112019 Contact Type Contact Email Finance Approver BARE CONNOLLY Contact Phone 1Contact Phone 2 Purchasing Approved Date L unsel BOB CJiOATE Finance Approved Date Legal Counsel Approved Date 07126!2019 07r2672019 Tyler Ref # AG 073119 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & C2D ARCHITECTS LLC 1250 ADMINISTRATION REMODEL- DESIGN SERVICES THIS AGREEMENT is made and entered into thisog day of , 2011, by and between the County of Weld, a body corporate and politic of the State f C rado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and C2D Architects LLC whose address is P.O. Box 337733, Greeley, CO 80633, hereinafter referred to as "Contract Professional". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Proposal Package No. B1900100. The RFB contains all of the specific requirements of Weld County. Exhibit B consists of Contractor's Response to Weld County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. 2.1 Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibits which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. tc+4.9%)/J 7_aq_19 7-,29-17 ozR-oipizD �oo�( 2.2 Additional Task Order Work In addition to that work described in section 2.1 above, the Parties may agree to additional work to be provided by Contractor pursuant to an appropriately executed Task Order, which shall be negotiated between the Parties on an as needed basis. Any such Task Order shall be signed by the Weld County Director of Buildings and Grounds before it shall Ie effgc,.t�'vt,. In_nQgyeai 11 the WW1 Oil' T_.§k Orders exceed $25,000 in any calendar year unless first approved by the Board of County Commissioners. Any appropriately executed Task Order shall be automatically incorporated herein and enforceable. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 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. 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 Modification. 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. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $86,840.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. 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. 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 of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 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 this Project without County's prior written consent, which may be withheld in County's sole discretion. 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. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. 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 services 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 services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. 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. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11,1asuxance to i Indemnification.. . General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The 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. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. 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. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. 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. 15. 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. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: C2D Architects LLC Attn.: Robb R Casseday Address: P.O. Box 337733 Address: Greeley, CO 80633 E-mail: rasseday@c2darchiteets.com Telephone: (970) 515-6675 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.wekl.co.us Facsimile: 970-304-6532 18. 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. 19. 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. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement 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. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it, has been approved by the -Board of County Commissioners of Weld._Cflunty, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants. and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated. Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United CON1tRACTOR: States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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 A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN ITNESS WHE OF, the parties hereto have signed this Agreement this , 2017. C2D Architects LLC By: Name: Title: Date 7-1 1-1`j day of WELD COUN Tom {� „„/ ' L ATTEST: ^ j 6 �D Weld my Clerk to th= Board BY: Deputy rk o the BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO rbara Kirkmeyer, Chair itiL 2 S 2D19 02t9/9-aa� Contract Farm New Contract Request Entity Information Entity Name* C2D ARCHITECTS LLC Entity ID* @OOO26403 Contract Name* 1250 REMODEL & ARCHITECTURAL DESIGN SERVICES Contract Status CTB RE/IEIN ❑ New Entity? [) Parent Contract ID 299O Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co weld '_co.us Contract Description* 1250 REMODEL & ON -CALL ARCHITECTURAL DESIGN SERVICES Contract Description 2 Contract Type* CONTRACT Amount* 4 YES le* Automatic Renewal De nt BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov.co m Department Head Email CM-BuildingGro+unds- DeptHeadPweidgor. c cmn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email COUNTYATTORNE @NAELF GOV. COM Requested BOCC Agenda Date* 07,29)2019 Requires Board YES Due Date 07.(25/2010 of 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 IN5A Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 07/1312020 Termination Notice Period Committed Delivery Date Renewal Date* 07x{'13;2020 Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TOBY TAYLOR DH Approved Date D7122/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date DT291201 a Originator SGEESAMAN Contact Type Contact Email Finance Approver BARB CONNOLLY Ccmtact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 07/23/2019 Tyler Ref # AG072919 Legal Counsel BOB CHOATE Legal Counsel Approved Date 07123120/9 Submit Co�� t 1:V..)--9 89 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & GSG ARCHITECTURE INC CORONER ADDITION/REMODEL - DESIGN SERVICES l� 2011, b THIS AGREEMENT is made and entered into this �l day of��.�+.� y and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and GSG Architecture INC whose address is 3535 West 12`h Street Suite C, Greeley, CO 80634, hereinafter referred to as "Contract Professional". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Proposal Package No. B1900100. The RFB contains all of the specific requirements of Weld County. Exhibit B consists of Contractor's Response to Weld County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. 2.1 Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibits which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Lvii9JA-v CC- 7-o2g-/f 66) o2niR-02.15D �f3�a� 2.2 Additional Task Order Work. In addition to that work described in section 2.1 above, the Parties may agree to additional work to be provided by Contractor pursuant to an appropriately executed Task order, which shall be negotiated between the Parties on an as needed basis. Any such Task order shall be signed by the weld County Director of Buildings and Grounds before it shall be effective, In no event shall the total of all Task Orders exceed $25,000 in any calendar year unless first approved by the .Board of County Commissioners. Any appropriately executed Task order shall be automatically incorporated herein and enforceable. 3.. Term.. The term. of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractors completion of the responsibilities described in Exhibits A.&B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 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. 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 Modifications 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. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $158,4.4.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a `change order94 authorizing such additional payment has been specifically approved by weld County, or by formal resolution of the weld County Board of County Commissioners, as required pursuant to the Veld County Code. 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. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be .lade 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 of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 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 this Project without County's prior written consent, which may be withheld in County's sole discretion. 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. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. 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 services 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 services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. 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. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors: Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request, Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The 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. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. 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. This paragraph shall survive expiration or termination hereof. Types of Insurance: The ContractoreContract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts; Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County, This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor,/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor,/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor,Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor.'Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. 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. 15. 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 andlor transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform .any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor, All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimiles at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: GSG Architecture INC Attn.: Jaynes G. Holloway Address: 3535 W. 12th St. Suite C Address: Greeley, CO 80634 E-mail: jhollowayjaiggarchitecture.com Telephone: (720) 427-5421 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 -mall; ttaylor@coa,weid.co.us Facsimile: 970-304-6532 18. 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. 19. Nan -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the sane or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend binds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-50'7. 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. 239 Severabiliy. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental hmumty. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Thin Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said lags, 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. 28. Public Contracts for Services C.I.S. §8017.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirrn the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -verify Pr gram or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §g-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work states of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affinnation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R,S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor roust confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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 A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this Ito r4I.: day of 3o1y , 201, CONTRACTOR: GSG Architecture Inc By: Name: Title: /1%a.kat er 14oO,nnC." CF 6 Date 77 Co/a? o t °t WELD CO ATTEST: � w Weld t • nt Clerk to the B and al1/ELD COUNTY, COLORADO sdio;‘,k BOARD OF COUNTY COMMISSIONERS BY: arbara Kirkmey , Chair�� JLIL 2 Z" ,1O(9_a2,267-) REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: MAY 14, 2019 BID NUMBER: B1900100 DESCRIPTION: ARCHITECTURAL & DESIGN SERVICES + ON CALL DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE -BID CONFERENCE DATE: MAY 30, 2019 BID OPENING DATE: JUNE 13, 2019 Exhibit A 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County'), wishes to purchase the following: ARCHITECTURAL & DESIGN SERVICES + ON CALL A mandatory pre -bid conference will be held at 8:00 AM, on Thursday, May 30, 2019, at the Weld County Building located at 1250 H Street, Greeley, CO 80631. The pre -bid conference will allow a tour of all the major building construction sites. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administration Building, 1150 O Street, Room #107, Greeley, CO 80631 until: 10:30 AM on Thursday, June 13, 2019 (Weld County Purchasing Time Clock). PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at https://www.weldgov.com/departments/purchasing/bids proposals located under "Bids / Proposals / Tabulations". And, on the BidNet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an online 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 Delivery to Weld County — 2 methods: 1. Email. Emailed bids are preferred. bids@weldgov.com. Bids may be emailed to Emailed bids must include the following statement on the email: "I herby waive ray night to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room ##107 Greeley, CO 30631. Please call Purchasing at 970-400-4222 or 4223 if vo. u have an Lguestions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCT INFO Rig; ATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director 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 Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the 0ii �t.Vr�P'1.7 m c 8. YYt ra 3""T( -. sr.nrei°'�' ,.u� ..U:w L'u� wfAi.e..y..3 �] . �f� - � '- .S.}:, : .r - BID REQUEST #B1900100 '�%[.• ... •^'YI�J �i'.vr4f i l . m ��"�`:.'z.' „-'lfZi 7Sl E. rav �. a �r ri r ar<rts Hv 9xirs. lei r .: �� M C �` 9'^r' �1 w ui? rl. Mat i cg r �uk3..Tl:..s� ��..�_�sg,.„..c:,. �.,:.�T31�..r:wr~?�3.,Y�':,i'�iS..�u��ae,.r�F_ "r'P�4 r2'ac.r�i�i.�'' ;t�.:i�,`��rt'�"�....ddT:��" ------.?��st1�. .sift;' �. 'a2uPi&v�'+T"'r ,..�,3lgn Page 2 bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. in submitting the bid, the bidder agrees that the signed bid submitted, all of `he documents f the Request for Bid contained herein (inc"uding, but not limited to, pr duct specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a c•-ntract, with the contract date being the date of gormal acceptance of the bid by Weld County. The County may require a separate contract, which if required, hs been made a part of this RFB. 4e SUCCESSFUL BIRD HI = ING PRACT CIS — I LI E AL ALIENS: S uccessful bidder certifies, warrants, and agrees th t it does not knowingly emp oy r contract with an illegal alien who will perform wr( under this contract. Successful bidder will cnirm the employment eligibility of al employes who are newly hired for employment in the United States to perf•-rm work under this Agreennrnt, through participation in the E -Verify program or the State of Co orado program established pursuant to C.R.S. §;-17.5-102(5)(c). Successful bidder shall n ot knowingly employ or contract with an illegal alien to perform work under this Agreement or e nt-r into a contract with a subcontractor that fails so certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to peri orm work u ider this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado progralm procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. f Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien S uccessful bidder snail notify the subcontractor and County within three (3) days that Successful bidthtr has actual knowledge that a subco ntractor is employing or contracting with an illegal alien and stehoill terminate the subc•,ntr;Ict if a subcontractor does not stop employing or contr acting with the illegal alien within three (3) days o' receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply With reasonable requests grade in the course of an investigati,A n, undertaken pursuant to C.R.S. §3-17.5-` 02(5), by the Colorado Department of Labor and Employment. if S uccessful bider participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform w,rk under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the d ailments, :.and not altered or falsified the identification documents for such employees. Successful bidder sra I c -liver to County, a written notarized affirmation that it has exa.mineo the legal work status -f such employee, and shall comply with all of the other requremotAnts of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision •r of C.R.S. §4-17.5-101 rt seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except were exempted by federal law and except as provided in C.R.S. § 24-70.5- 03(3), if Successful ®idder receives federal or state funds under the contract, Successful bidoer must conairm th ;i: any individual natura Gerson eighteen (13) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-70.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under pen. lty of perjury that (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of BID REQUEST #B1000100 Page 3 identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections o r other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent C• niractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to u nemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and u nemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. Orr Fs BID REQUEST #B1900100 Page 4 E. C rnpliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party teneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorne,'s, Fees/Legal Costs: In the event of a dispute between weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: VVeld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Pe e mance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Terra: The tern of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extensi n or Modification: Any amendments or modifications to this agreement shall be in writing signed by bath parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. BI® REQUEST #B1900100 v Page 5 N. Subcontractors: l _ he successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation .And expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objecti •n, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward C•;unty. County shall have the right (but not the obligation) to enforce the provisions of this Agreement .,gainst any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. 'Varrantyo The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from dfects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service cells as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which :he bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. L J '._ t.,...aK t.i`T`.. "i'—V•�. i ♦r.t..•..r "mss' mrr ,w.••R.�-�.osT._TT"',�T... ...^�-r�Jv�.Y?T*ar ^-rr•--�.t .^•.xn�.. <<r a<_.r�..., .. .. ....L.�.`.�....�...........r.��......-.v..w._.......:..r..-.....r..w.r.nO-....i..�nwn..:.�r_"�.��._'!._-_r.w.-L�._r_._.....__._._....�r:a.1.a...i.r......�:.«.�.....�...L......_...e:�nr�_... �.......�.«.uJL. i .. J... •�.,. • • 1 w...:l..tr{v4r....�.U:_...:/:d:2-..?...'lei.�..TiJi:f.!_._..L.J�_��._r...�__.....n.n..-m.n>vr.�n....a.....�.Yn�G_........r__rrr. _.`-�. �..... �....-..._.._.�. t :..Il't.:.....:n BID REQUEST #B1900100 Page 6 R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interst — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board f 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. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any eir4�tT •• '1 ��j�'a�i1 p�;iY Yi (�'a !�7 xf q•v�{ gt^�Y�xJanzzY N.1'.n.�� f W.:�iL'33t.�.��t�rYKV�lela.•'�[�4��LiT.e�.�ii^r.��•L15.��'a'idLn.2. ��`�T7�'�A'vG'.r�4isiw� '�n' f YSS'«�t`.�...^.�.�a..- LUISED >» z LW air rhs? 'a Ss 4r.��'k�a't�wr",'�x`�s`-.r �Sq822e2affi BID REQUEST #B1900100 Page 7 exte ision thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII o r better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible o r self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed o r pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. b;..E. wrK 1-u qF.F.✓e,. s.>..,fa.ar�S��.'"�i> ,a'-��₹�S �.�szonzrarazz>vR is"liZ0171 J5ava .L�l§.S>Tit IR^M Ntnri'fT,.` t.Lt�w1t_.:�J�:au ajat r. N4aLrtffis� 5�}7�',cr.-+.:e-r :MSTrarais,,JacigMEMTErric BID REQUEST #B1900100 Page 8 Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. E W, t ien 4 �'f v"buk "b•6y, 'K IC (m!P Jr.e5 ,! �,Y�f.`. rat '{k x�.t;gd T.a 3 M M .rrn;c¢. 'S.44 r�r ..-r+ah "�°�10221012.71111r .�•i SI�.SG:%U�1.u�L:tT� .eCv1�.U��E+f,'^l�.t W6.irY:.T"�5>fi��.M �JiGawlaf�.'.�R�::orii�x�v�''.`��:fi:�i .S..<�i4i.f..�Z1}.vu,ll`i...e:�.33AzFE.�ik`:[..Eu:�:LMu.�t }.. .. �G 1 !�I�f j� . SOY t1p i GS '.il.trlifi!%�u�`2/i{-iL'N�L�'i:��4i.-L. N.YTi�'J.v:�V,.�.,b5�l:.�Z��,� !�.�ivY�2i'J BID REQUEST #B1900100 Page 9 Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. T".,'ART54'R'"b�'f'0I- Ahn BID REQUEST #B1900100 Page 10 Architectural & Design Services Teams OVERVIEW: Weld County intends to contract with up to four (4) separate consultants to provide architectural/engineering services for four (4) separate major Weld County projects. It is not expected that one consultant could be selected and be able to complete all work projects as the types of facilities and services needed in the given timelines throughout the County vary. Thus, Weld County has chosen to select multiple consultants. A. Major Projects: The four (4) major projects include: 1. Coroner Remodel Addition located at 1121 M Street, Greeley, CO 2. Centennial Courtroom Remodel located at 915 10th Avenue, Greeley, CO 3. Administration Building located at 1250 H Street, Greeley, CO 4. Wash Bay and Welder Building located at 1111 H Street, Greeley, CO Each project will be guided by a representative from Weld County Buildings & Grounds Department and may include an agent from the department affected by the project (hereinafter referred to as the "County Project Team"). A Weld County Buildings & Grounds representative is the prime representative that will coordinate consultant's work. N OTE: The Coroner Remodel and the Wash Bay building will need to go through the City of Greeley Planned Unit Development (PUD) process. Bidders shall include their personnel hourly support for this process in their fees. However, any fees paid directly to City of Greeley for the P UD process will be paid by Weld County. BACKGROUND: Weld County develops conceptual projects using in-house staff to determine feasibility and budget funding. Once a project is funded, professional design services are needed for schematic design, design development, construction documents, and construction administration. P ROCUREMENT METHOD: This solicitation is for the following: ® Delivery Method: Design portion of the Design -Bid -Build. The Design -Bid -Build (DBB) is the traditional project delivery method in which County either designs or retains a designer to furnish complete design services. Then solicits bids (advertises) and awards a separate construction contract based on the designer's completed construction documents. In DBB, the agency "owns" the details/risks of design during construction and as a result, is responsible for the cost of any errors or omissions encountered in construction. uanaltri�' inn",* i''ETayc�.t��..'� .'�+i+sT `P�Tf<tii��'+n'�"li�: °a1;it� v�'�'�.'4.�a'ns? 'kt Ma.'�t�i..' S,.a5'� rnutw-a ^.u.� : 3.n�nialtS " , rrarw'�JR-��VaraZtS giE'nella BID REQUEST #B1900100 � t , v � l �t rrai* vi�y::r : 15+'C�' �'i.� IA. 3gF r _ is n . fig,. q� icy . iME .:�i�S�`<'��ae�L.�ifl.{'�:��GuR��"�`.`�"'+�..�`FrY'.!13ii�t�..�.tN�'�.L�LF`1�J' f:��Y�t^�uz'dr_z�:��.Fi2'Fs:;'rtlt��s��it'."SWnLM Page 11 Procurement Method: Request for Proposal (RFP) is a purchasing process where an advertisement requesting proposals for work in accordance with the requirements as o utlined for a project. RFP will use a selection team based on a scope of work. During the selection process, the department uses interviews and a scoring form to rank suppliers o r consultants. The highest ranked firm is selected and enters into contract. If an agreement to contract cannot be reached, an agency can negotiate a contract with the second ranked consultant and so on until an agreement is reached. ® Pricing Method: Lump Sum Price. The lump sum is the simplest and easiest price. Based o n 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. PRELIMINARY SCHEDULE: Date of this Bid May 14, 2019 Advertisement Date May 14, 2019 Pre -bid conference May 29, 2019 Bids Are Due June 13, 2019 Interviews June 24-27 Contract Award Notice July 1, 2019 Begin Design Services Immediately upon notice of award contract Schematic Design (30%) Aug 15, 2019 Design Development (60`)/0) Oct 15, 2019 Construction Documents (100%) Dec 15, 2019 SCOPE OF WORK: The following Scope of Work should be considered the minimum that the consultant shall provide. PROJECT DESIGN MANAGEMENT AND MEETINGS: The consultant shall coordinate the work of the consultant team, document progress, provide communication with the County Project Team, and present project results including the following work items: A. The Consultant Project Manager shall be the primary point of contact and coordinate work effort, resources, communications, document production, and billings on behalf of the consultant and team members. � s' 1i gSlturi 7,� e7 R 7. 7 �".t. �"t'sa'4 a n n• �4+te2 i+ �t� r f ass `t'-�i'FM v mfrs, tai E )•29. r T+y J. 1735O1 °� .N' -� •1tua1•f � f. :ilwiti�h71t.'it'.�'.nSt�t'}�. "�.S5 >`'vr� ,�y�..i2.: �'K� YLLaJ�Sn'Cf. LiL�in:"i..tGu;.:{:3e.�lrL+�"��p,Khiu1:U;SM,tfi'=1., :.rS.1wt;�I.u'u •�f .�.•� �6A=,�:�°rt1r�l+:�'1�s�...uj..Y:«itJu'1 BID REQUEST #B1900100 Page 12 B. The Consultant shall conduct a project kickoff meeting for each new project with the County Project Team, including a site visit to the Facility where work is being considered to thoroughly review existing conditions and facility needs. C. The Consultant shall plan to attend up to twenty (20) on -site meetings during the design phase for each project with the County Project Team to discuss work tasks and solicit input. Other key consultant team members shall participate in -person or via teleconferencing as necessary bayed on the scope of each project. DATA AND INFORMATION REVIEW: The Consultant shall be responsible for researching, collecting, and analyzing relevant information needed to effectively execute this scope of work. The Consultant shall be responsible for: A. Familiarizing themselves with applicable local, state, and federal regulations. B. Weld County will provide copies existing plans, as -needed, on aper-project basis. Computer -Aided Design (CAD)/ AutoCAD copies of plans are typically NOT available. C. Weld County will provide a summary of employee staffing for each project. D. The Consultant will provide a summary of space needs with assistance from the County Project Team E. The Consultant along with the County Project Team shall provide a summary of telecommunications, data connectivity, and technology needs. FACILITY PLANNING: The Consultant shall guide the facility planning process while working with the County Project Team to define the scope and extent of components to be included in the design of each project. The Consultant shall provide the following as part of this task: A. Review office space allocation standards with the County Buildings & Grounds staff to assist in determining the appropriate dimensions/allocation for various space needs. B. Perform a thorough review of space needs for all labor, materials, and equipment as needed for each project C. Prepare a brief memorandum summarizing the results of this task. FACILITY DESIGN AND CONSTRUCTION CONTRACT DOCUMENTS: The Consultant shall prepare a full and complete set of construction contract documents for each Project. The Consultant shall provide the following as part of this task. A. 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. EMEEEZEME k�r Pzogisitiorzezarmgammp s°�ixla�..kil BID REQUEST #B1900100 Page 13 • Schematic Design (30% complete) — Provide schematic design drawings for review and comment by County Project Team. • Design Development (60% complete) — Provide draft plans and specifications for review and comment by County Project Team. Participate in preliminary plan review meeting with County Building Inspections staff (Planning Department). ® 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 Buildings and Grounds. ® Project Risk — Maintain a project risk register throughout the design process including value engineering approach. B. 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 Buildings & Grounds 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. C. 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). D. Structural Design: Produce structural plans and specs in compliance with all State and Local building codes. E. 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 waste water disposal; electrical plans, specs, schedules and diagramming for power, lighting, and provisions for emergency standby power generation if included. F. 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. ETMEMITMEar'"a'4,:Yft a`'�7.1a •^�`-711:a114"1,4b. l�,:w�-`��`Ls a WEB R BID REQUEST #B1900100 Page 14 G. 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. H. Revit or BIM modeling is not required. P ROJECT SUMMARY AND REPORT: Upon completion of construction work, the Consultant shall prepare final as -built of the Project. A. Provide to Weld County one (1) set of hardcopy and one (1) set of PDF documents of the completed project documented along with AutoCAD with final as -built of the Project. B. Conduct a post -meeting debriefing discussion with the County Project Team. U SE OF SUB CONSULTANTS: The proposer shall indicate in their proposal 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 proposal submittal. QUALIFICATIONS & INSURANCE: Qualifications and insurance, at a minimum, should include the following: • The consultant must have Architects)/Engineer(s) with current State license(s). • Must carry Professional liability insurance (PLI), also called professional indemnity insurance (PI I) but more commonly known as errors & omissions (E&O) P ROPOSAL SUBMITTAL: Please submit your proposal, 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. Your proposal shall include Four (4) paper proposals AND one (1) .pdf proposal (matching the paper proposal exactly on one single file) on one (1) FLASH DRIVE is required. Incomplete proposals may be rejected. A. Signed SIGNATURE PAGE of this RFP B. Table of Contents C. Brief summary of the proposal, including Statement of Understanding showing familiarity with the Scope of Work D. Explain your (consultant's) capabilities, qualifications, history, and experience in providing all services described in this RFP and include the following: 1) The consultant's experience working on public sector projects a"f»3 tires;, BID REQUEST #B1900100 gial TRITI3:f?;tea"RNSEa'inn` j� tEMENMETIMM,fy�zx'. ',lcitaaWE.".i�,�yc�",4v� t" �"ur;.iwwaaata . lin...�.•�C2afiT`�'"� V.an raMMEMIT.MEM Page 15 2) Copies, if any, of certificates/awards pertinent to the scope of work 3) Provide date established, state incorporated, office location(s), previous names the firm has used in the last ten (10) years, geographical area(s) where most of the firm's work occurs and a general description of the firm and its history 4 5 } Provide all pending or past legal action (including lawsuits, claims or liens) or arbitration proceedings in which your firm has been involved during the past five (5) years involving Owner, Architect, Contractor, Subcontractors, or other Entities Requested (if possible) - Web links (preferred) or copies of two (2) completed similar projects (if you are including hard copies with your proposal, ensure the copies are at the end of your proposal) 6) Provide at least five (5), but not more than ten (10), references for your firm and your proposed engineering firm(s). Include: company name, contact name and title, contact phone number and email address, and project information. Identify your lead team member(s) that work on the reference. Weld County will use these references to provide proof of qualifications and understanding of Weld County's Scope of Work and that the consultant has the experience and qualified personnel necessary to complete the Scope of Work. Limit this section to a maximum of ten (10) pages in length. 7) Provide your firm's approach and experience with designing, engineering, life - cycle costing, system evaluations, material selections etc. related to sustainable design E. Organizational chart and resumes of all key staff and core staff that will be involved with providing services, including: 1 } Identify who will act as the primary contact person to Weld County for this project. 2) 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 3) A description of the individual's background and experience, including any unique qualifications, related qualifications, and relevant experience 4) Years of experience 5) Years of experience with the firm 6) Years of experience with the proposed project team F. Consultant's approach to the work outlined in the Scope of Work 1) Description of the approach should include sufficient detail :p -r- .� r yr .p• +an ;a > .. r_rn . -r. .,. T-... it rg , iN t Lac �W . . . 21 .^'1 .«n : 'a.. al r` r i r ♦�**. r .. 'vz as .F r.�- 3/4.77.7- +J .:.- ._-n RAT _... nc'n.RC .rvm�. r t�:.i^'^: . .. �•. .. 'ern ^.. .T1'i'll^'x'..t^',ts� � ...� P - §'7[t.�:�"'45 r:.":� '['+'71 �ii:. •. ""{.. rl( .."C'r .? .'S .i'Y. i ."7- .i. .. �S'.�' 'r ir. +��C,T'�^' �1 .� r. u �._ � Trl.: ..o. t {.,, o�.,.T3x...u��6al.:J�k�J'.:L`�:L•Yu::>��_:S�`.•�>•�•a'4�.1G`:��.._,il.L� ti. �u4iJ��tX.i.4.c:.Yu.C�.«)'.o-4.iu#t`c:�.,..iN...f'%..,.ubxf.lLh�aL7rZ182...;'n.T .vsask:.iZ��G a.:;.v^A...:31��::u1_a:::.�r�th.rw4..:_iii..d`�...1a..Mti?.au..:a.W�'a�...ay.4j2:..L•uvao,..u�ii..{9u'gn�.•"..1Fa..,iro;��.:d LG'!f3;:a«.�'E,.w-.:L..: �"lr t. �. }�it �w.u;v�Ci�.u'� �aSss �ra•....$�Y^.!�Ei BID REQUEST #B1900100 Page 16 2) Provide a narrative description of the work to be accomplished and your approach to completing the work 3) Describe the proposed work including the phases, processes, documents, deliverables and all applicable requirements 4) Description of your approach to communications) G. Proposed Project Schedule 1) Describe how your firm handles the various communications, including meetings and project schedules, to keep the project running smoothly 2) Describe how your firm can respond to quick -hitting design requests requiring turnaround times to be expedited in some instances H. Proposed Fee Structure (pricing needs to be not -to -exceed pricing) 1) Complete Attachment A - Project Rate Sheet 2) Identify the hourly rates for all personnel, by title, who would be working on this project 3) Include all anticipated reimbursable expenses in your proposal I. Statement of consultant's intent to sublet portions of the work, identifying what is intended to be sublet 1) Include the name of the sub -consultant and a statement of qualifications of the sub -consultant 2) Include a completed Attachment A- Project Rate Sheet for each sub -consultant you intend to sublet with �u BID REQUEST #B1900100 Page 17 EVALUATION CRITERIA: Proposal submittals will be individually evaluated by each Evaluation Committee member. The criteria below will be the basis for review of the written proposals. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Criteria Standard Weighing Factor Capability Firm ® ® Does have Scope Does experience the the the of Consultant, experience Work? Consultant to meet the key staff, and qualifications possess needs the of and/or the background County? sub to -consultants perform and the 25% and Qualifications Consultant Key and Staff Does the • • • • life Does variety Does needed Do experience, Does Consultant the -cycle the the the of to sub Consultant public Consultant's complete -consultants, Consultant costing and possess sector key and the have personnel provide system the projects? personnel projects? if qualifications experience any, experience evaluation have needed? have the in the needed? designing qualifications, and on experience projects? ability a for 25% Experience Project Approach Does Committee needs • • the of the Does able meetings running Does manage the Consultant's to project to County? the the determine handle smoothly? Consultant's and Consultant's meetings runs project the approach smoothly how various and the schedule, approach approach project allow respondent and communications, schedule, on the detail to detail time? keep Evaluation will how how the making best they including projects they meet will plan sure the be to 15% Availability and Schedule Firm Project Does the key staff consultants) • members What urgent schedules? Consultant needed means project and have to does needs other complete the the staff for availability Consultant quick and services resources turnarounds and in have commitment a timely to (sub accommodate on - fashion? tight of 15°./0 Cost Is advantageous the Consultant's to fee Weld structure County? competitive, reasonable, and 20% ZNAPA '.�`�awz. tj.'1�11'��itMMES '1`W`,�s�' ATEraid P intJ3ilai'.�'? l;;g "tu � Try aarcicaMfM BID REQUEST ##B1900100 Page 18 AWARD AND AGREEMENT: Interviews may be held, and references may be contacted, to assist in the decision for award. A formal agreement will be awarded to the vendor with the most responsible, responsive, reasonable proposal, deemed the best fit and most advantageous to Weld County. A Sample of Weld County's "Professional Services Agreement" is included with this Request for Proposal and posted on the web site. It is expected that any exceptions or requested additions to the attached agreement be stated and submitted with your Proposal. The County makes no guarantee any changes or concessions to the standard agreement will be made but will review and consider all requests. ON -CALL PROJECTS: In addition to these major projects, Weld County has other projects that it intends to utilize the awarded vendors from the four (4) major construction projects above through an on -call basis. The firm selected for the on -call projects will be based on the project type, scope, and firm experience. Services include, but are not limited to, planning and engineering for Architectural; Civil, Landscape, Structural, Mechanical, Electrical, Plumbing, and Interior Design. The types of projects for upcoming on -call design services include, but are not limited to, the following: • Justice Services Building Remodel • Human Services Building B Remodel • Evidence Building Addition at Crime Lab • Jail Courtroom • Public Works Operations (Minor) • Assessor Office • Jail Data Center Air Conditioner & Room changes • 1400 Cash Room • 1402 Remodel • Exhibition Kitchen Upgrade & Hood • 4H Kitchen Exhaust Hood • Greeley Mag Chloride Tanks • Kersey Mag Chloride Tanks • Ault Grader Shed Building The County, at its sole option, may offer to extend the contract for up to four (4) additional one- year terms for each vendor to provide other on -call services. The extension option may be exercised providing satisfactory service is given and all terms and conditions of the contract have been fulfilled. Such extensions must be mutually agreed upon in writing, by and between the County and the Award Vendor(s). For the on -call services, identify the hourly fee structure for these services in the table of Attachment A — Project Rate Sheet. /%;:'�.�'r;,�?tizaazgTH:�i �`a" ".tr�'�1�p`�'��:atz' :. a'--"tea"'°�$t�a�,L+.s��r;� 3' Sat L 2MC, 57 ReT�TF.R". +11 4i e.e. ?a , e 7" �'!' r 4. . E , o rte' r WE 'Lc., . 'ri. � ". '�rn✓ i rit i T :rsx;a,S'�,�u'�tina.�..4b.:»s6±�.;�;ttw3:<Lc��2k�sP�}iu " �i$v:"�C� w1t�.ws��.s..u,. ,r �Psdl d..1ei':_.3,ix'.,.�.k" .�k.':�;..�.-s•� - : *�.. t�.G.. .C_,.. BID REQUEST #B1900100 Page 19 Attachment A - Project Rate Sheet PROJECT RATE SHEET Complete both pages of this Project Rate Sheet FIRM NAME: Phase Coroner Remodel Addition & Centennial Courtroom Remodel Administration 1250 Remodel Wash Welder Building Bay & Greeley Development Planned Unit $ N/A N/A $ Interior Schematic Design Construction Permitting/Construction Administration Development Design Design Documents $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total $ $ $ $ REIMBURSABLES Please provide markup amount for reimbursables, such as large format copies and plans, postage/shipping, mileage, and any other standard reimbursables. Additionally, submit a Unit Cost Summary Sheet as part of your proposal. Percent markup for Design Reimbursables OA Please provide a schedule of hourly rates for all proposed team members; please detail any members not listed. HOURLY RATES Principal $ Associate $ Project Manager $ Project Architect $ Project Engineer $ Designer $ Draftsperson $ Intern $ Contract Administration $ Civil Engineer $ Electrical Engineer $ Structural Engineer $ Mechanical Engineer $ Interior Designer $ Continue on additional page(s), as necessary $ Other (list) Other (list) Other (list) Other (list) Other (list) Other (list) Other (list) Other (list) y.�y�:-;-�ie�&n; .:71i :�is;;:r;L:r s.:.rintrt"cvl7aTi-'dZEtrifial.gaxac °C'.i7-a:'X51,t.a yEv.•r _�-?Y „��?��i:M1 BID REQUEST #B1900100 Page 21 Continue on additional page(s), as necessary Other fees not listed (list): $ A mandatory pre -bid conference will be held on Thursday, May 30, 2019 at 8:00 AM County Building located at 1250 H Street, Greeley, CO 80631. at the Weld N ote: The pre -bid conference will allow a tour of all the major building construction sites. Bids will be received up to, but not later than P URCHASING TIME CLOCK). Thursday, June 13, 2019 at 10:30 AM (WELD COUNTY The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1900100. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY BUSINESS ADDRESS (Please print) DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION N UMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -10. a .L;ie ->, r S�+rnr, : r r 4.A- sa .� .X }i hE'•t:{ihrtJ�yt.•TAsLi r 1.1 � r r eS u �a.:4:'522 ti�Me a. is r?�'i s:J si y.. �.�,-.a��..:._, ��b�a".ttI u,_.�• :e�'w•�: .�`3: SSit5�.:1: i<Y_L"�.mr..�>aS1S:.C.L...'£''"�-'i`'y�.'SS:'�•'�S:��t`.:S..4'1`�,�_.�_,;,..��- �S'.:�3.�.'�t6�;..1 �:.;x -4,-7iTgyaMy2 r BID REQUEST #B1900100 Page 22 New Contract Request .filiation Enta, Name GSG ARCHITECTURE INC Ent : ID's p.100041076 Contract Name* CORONER DDITIONIRFMODEL ARC TET RAL DESIGN SERVICES Contract Status; CTB` REVIEW New Entity? Contract ID 2989 Contract Lead GEE AMAN Contract Lead Email sgeesamancrko.weld.co.us Contract Description CORONER. ADDITION/REMODEL & 01'14 -CALL ARCHITErTURAL DESIGN SERVICES Contrail Description Contrail Type* CONTRACT Amount $158,414.00 .ergewable St Automatic Renena Grant I GA Depkartmem BUILDINGS AND GROUNDS Department Email M- Bv ldingGround Wield ov c E FGE: Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com O LI Otto€ _ ney GENERAL COUNTY A I I ORNEY EMAIL Court Attorney Em,a l M- OU NT T T OR ‘E' @WELD GOV. COM If this is a renewal enter previous Contract I If this is of a MSA eater MSA Contract ID Requested C Agenda Date 07/291201 9 Parent Con -tract ID Requires Board Approval. `E Department t ro e Due Emote 07/25/2019 Will a word session with BOCC be requ redT NO Do -es Contract rep{€.tire Purchasing Dept. to be. included? Note_ the Previous Contract Number and master Services Agreement Number should be left blank if those contracts are not in On Base Con Dates Effete Date Reamer Dater* 07113/2020 Termination Notice Period Committed DOW Date Renewal date :4 Expiration Date Contact Information Contact info Contact Name Purchasing Punchas prover Approval Process Department Head TOBY TAYLOR R DUI Approved Date 0712312019 final Approval R CC Approved ROTC Signed Date n (� r 0� ,_ SG EEAMAN Submit BOB CHOATE Legal Co n s e f Approved Date 07131201 Contact Type Contact r tai l Purchasing Approved Date Finance Approver BARB CONNOLLY Fine Approved Date 0712312019 Tyler Ref AG07291 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 3, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Architectural & Design Services; (Bid #B1900100) As advertised, this Request for Proposal (RFP) is for designing four major construction projects by four separate vendors. In addition, these four separate vendors would perform on -call design services, as needed, for other Weld County projects. The on -call services would be for up to four additional one-year terms. This solicitation was published as a Request for Proposal. There were fifteen respondents. Each respondent was evaluated by a panel for a Best Value to the County. The results and rating are provided in Attachment 1. Based on the ratings, the four companies which provide the Best Value to the County for design services are: 1. Robert Shreve Architects & Planners, Inc 2. C2D Architects LLC 3. Carin Design 4. GSG Architecture In addition, B&G is recommending the following job (with associated design cost) be awarded to each company: Firm Recommended Job Design Cost Robert Shreve Architects & Planners Wash Bay Construction $110,600 C2D 1250 Remodel $86,840 Cairn Centennial Courtrooms $58,160 GSG Coroner Addition/Remodel $158,414 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director c20i 5' BEST VALUE RESULTS Firm capability Consultants and key staff experience and qualifications Project approach Firm availability and project schedule Cost Total 25 25 15 15 20 100 16.00 19.00 10.00 11.25 11.50 67.75 19.75 20.25 9.75 11.75 18.50 80.00 15.75 14.75 7.75 7.75 18.00 64.00 PRICING WITH RECOMMENDATION EACH PROJECT Firm RSAP Markley Cru m pton C2D Cairn Studio Completiva Farnsworth GSG Wold InterGroup Abo D2C Galloway Wong Infusion Coroner 128,040 122,000 160,000 154,970 157,230 140,700 181,600 Courtrooms 56,540 30,000 96,000 54,840 58,160 158,414 180,000 205,150 220,751 207,228 211,850 165,360 148,100 99,900 98,188 123,831 150,300 110,000 150,933 123,184 103,450 114,600 137,300 1250 79,400 50,500 140,000 86,840 107,590 171,000 144,800 221,280 244,515 173,500 205,578 173,713 167,650 180,577 210,200 14.00 17.25 8.75 9.50 13.50 63.00 Wash Bay 110,600 100,100 248,000 206,220 163,640 199,290 207,995 205,694 233,240 196,835 191,488 214,333 2 28, 850 2 56, 500 168,000 19.00 19.75 11.00 11.00 15.75 76.50 18.75 19.75 11.00 11.75 15.50 76.75 3.74,580 302,600 644,000 502,870 486,620 610,890 632,583 709,219 808,055 685,485 768,750 718,458 711,800 717,037 663,600 21.25 21.00 9.75 11.25 9.75 73.00 Reimbursables 10% 5% 10% 10% 10% 10% 10% 10% 1.1% 10% 10% 10% 10% 0% 10% 20.50 20.00 10.50 11.50 11.50 74.00 20.25 20.25 10.50 11.50 11.00 73.50 18.75 20.75 9.25 11.50 9.50 69.75 18.75 20.50 10.50 11.75 10.25 71.75 18.50 20.25 20.00 20.25 10.25 9.25 11.25 10.75 12.25 11.50 72.25 72.00 19.25 20.00 10.75 11.25 11.75 73.00 18.00 17.25 11.25 11.00 14.75 72.25 WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpetersweldgov.com E -Mail: reverettCa�weldgov.com E-mail: rturfa.weldgov.com Phone: (970) 400-4216, 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: JUNE 13, 2019 REQUEST FOR: ARCHITECTURAL & DESIGN SERVICES + ON CALL DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1900100 PRESENT DATE: JUNE 17, 2019 APPROVAL DATE: JULY 8, 2019 VENDORS INFUSION ARCHITECTS, LLC 206 E. 4TH ST., STE 250 LOVELAND, CO 80537 GSG ARCHITECTURE 3535 W 12TH ST., STE. C GREELEY, CO 80634 WOLD ARCHITECTS & ENGINEERS 1553 PLATTE ST., STE. 201 DENVER, CO 80202 STUDIO COMPLETIVA 3275 W. 14TH AVE., #201 DENVER, CO 80204 CAIRN DESIGN, LLC 1805 SHEELY DR. FORT COLLINS, CO 80526 WONG STRAUCH ARCHITECTS 820 SANTA FE DRIVE DENVER, CO 80204 C2D ARCHITECTS LLC PO BOX 337733 GREELEY, CO 80633 CRUMPTON & ASSOCIATES ARCHITECTS 12891 JACKSON CIRCLE THORNTON, CO 80241 MARKLEY DESIGNS 1019 39TH AVE., STE. L GREELEY, CO 80634 INTERGROUP ARCHITECTS 2000 W. LITTLETON BLVD. LITTLETON, CO 80120 D2C ARCHITECTS 1580 LINCOLN ST., STE. 1110 DENVER, CO 80203 GALLOWAY & COMPANY, INC. 6162 S. WILLOW DR, STE. 320 GREENWOOD VILLAGE, CO 80111 ROBERT SHREVE ARCHITECTS PLANNERS, INC. 801 8TH STREET GREELEY, CO 80631 THE ABO GROUP, INC. 12600 W. COLFAX AVE., STE. C-210 LAKEWOOD, CO 80215 FARNSWORTH GROUP, INC. 1612 SPECHT POINT RD., STE. 105 FORT COLLINS, CO 80525 THE DEPARTMENT OF BUILDINGS AND GROUNDS IS REVIEWING THE BIDS. Lehi 2019-2250 e -w4-1 Hello