BID SPECS - Clothing Retail Provider and Management - 118.docx

Professional Services – Request for Proposal (RFP) Cover Sheet

Bid Number: B2500118

Title: Clothing Retail Provider and Management

Advertisement Date: September 9, 2025

Pre- Bid Meeting: September 23, 2025, at 10:00 AM

Pre- Bid Location: Microsoft Teams Meeting (see below)

Questions Due: September 25, 2025, by 5:00 PM

Questions Posted: September 30, 2025, by 10:00 AM

Questions email: bids@weld.gov

Bid Due Date: October 7, 2025, by 1:00 PM Purchasing’s Clock

Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631

For additional information: bids@weld.gov

Documents Included in this Solicitation Package

Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601

Greeley, Colorado 80631

B2500118 2

RFP Schedules

Schedule A: Proposal Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: RFP Response - Criteria Schedule E: Proposal Form Schedule F: Insurance Schedule G: Weld County Contract

RFP Attachments Attachment 1 – Clothing Retail Provider and Management Response Form

Table of Contents

Solicitation # Page 2

Schedule A - Proposal Instructions

Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, “Weld County”), wishes to purchase the following:

Clothing Retail Provider and Management

A pre-bid conference will be held on September 23, 2025 , at 10:00 AM at the virtual, via TEAMS.

Join the meeting now Meeting ID: 212 242 407 086 2 Passcode: uV6LR9YL

+1 720-439-5261,,501727547# United States, Denver Phone conference ID: 501 727 547#

Bids will be received until: October 7, 2025 at 1:00 PM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on October 7, 2025 at 1:30 PM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631.

Join the meeting now Meeting ID: 272 695 076 076 4 Passcode: EE9yg9Ld

+1 720-439-5261,,764958342# United States, Denver Phone conference ID: 764 958 342#

Proposal Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their Proposals, quotes, proposals, addendums, and awards on this one centralized system.

Proposal Submission

1. PREFERRED: email Proposals to bids@weld.gov If your Proposal exceeds 25MB please upload your Proposal to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed Proposals will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the Proposal due date and time.

2. PDF format is required. Emailed Proposals must include the following statement on the email: “I hereby waive my right to a sealed Proposal”. An email confirmation will be sent when your Proposal has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions.

Introductory Information

1. Proposals shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each Proposal must give the full business address of Proposer and be signed by authorized person. Proposals 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. Proposals 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 Proposal 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 Proposal of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Proposer. All corrections or erasures shall be initialed by the person signing the Proposal. All Proposers shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this Proposal as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the Proposal forms shall be suitably filled in. Proposers are required to use the Proposal Forms which are included in this package and on the basis indicated in the Proposal Forms. The Proposal must be filled out completely, in detail, and signed by the Proposer.

2. Late or unsigned Proposals shall not be accepted or considered. It is the responsibility of the Proposer to ensure that the Proposal arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Proposers." Hard copy Proposals received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a Proposal not properly addressed and identified. Proposals may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing Proposer prior to the time fixed for award. Negligence on the part of a Proposer in preparing the Proposal confers no right for the withdrawal of the Proposal after it has been awarded. Proposers are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the Proposers’ risk.

3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County Proposers in all cases where said Proposals 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 Proposals 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 Proposals, to waive any informality in the Proposals, to award the Proposal to multiple vendors, and to accept the Proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The Proposal(s) may be awarded to more than one vendor.

Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of solicitations and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms.

Schedule B - Scope of Work

Project Overview Weld County is seeking Proposals for a vendor to provide Clothing Retail and Clothing Allowance Program Management. Weld County is desiring to partner with a retail provider in Northern Colorado to provide management of consolidated purchases of basic clothing items to include shirts, pants, footwear and/or jackets. Retailer must be able to provide employee spend tracking and monthly invoicing to the County.

Method of Procurement

Best Value: Best Value refers to a project procurement method where price and other key factors, such as quality and expertise, are considered in the evaluation and selection process. Best Value is typically achieved through a two-step process using a Request for Qualifications (RFQ) and Request for Proposal (RFP) to evaluate proposers.

Pricing Method

Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not-to-exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs.

Specific Requirements and Responsibilities

1. Background Information Weld County issues a clothing allowance for certain job trades that encompasses approximately 300 employees. These employees must wear approved clothing and footwear types for their jobs. The total approved annual spending is approximately $100,000.

1. Challenge With the number of employees, there is a need for the retailer to be diversified with products, sizes, styles and types. In addition, the various products fit individuals differently. The retailer will need a tracking system that allows the employer to identify authorized spend amount for each employee, which will differ depending on employee’s position within the county.

1. Desired Outcome

The following outcomes are desired:

1. Weld desires to award a partnership agreement with a retailer that operates throughout northern Colorado that would offer locations within Weld County for employees to purchase the designated items from.

1. Weld County will share a listing of employees who are authorized to make purchases along with the spend limit as well as the articles of clothing authorized for purchase. This listing is called the Spend Authorization List.

1. Individuals making the purchase will not have a credit card or method of payment at time of “purchase”. Rather, Weld County desires the awarded retailer have the ability to track individual spend and invoice the Weld County Department of Human Resources monthly for reimbursement. If this is not possible, please annotate an alternate or proposed payment method that can be accomplished monthly.

1. Individuals making a purchase must show a valid Weld County identification card or driver’s license that can be compared to the Spend Authorization List.

1. The request for proposal seeking retailers will be reposted annually. Therefore, the agreement will typically run from January through December of each year.

1. Employees will be authorized for all or some of the following: shirts, pants, footwear (work boots or safety toe boots), and/or jackets.

1. Employees may spend more than the amount authorized. If this occurs, the retailer will need to recoup the difference at time of the sale directly from the employee.

1. Weld County understands that this service may not come with a fee due to overhead and profit already factored into retail business. Please annotate in the Attachment – Clothing Retail Provider and Management Response Form if any discounts might be available.

1. Weld County realizes the retailer may need to have a line of credit opened at the store or some sort of mechanism in place. In Attachment – Clothing Retail Provider and Management Response Form provide clarity on what is needed for your business.

1. Retailer shall complete the Attachment – Clothing Retail Provider and Management Response Form to allow Weld County the ability to gauge retailers for the best value.

1. Weld County is a tax-exempt entity. As such, all spend transactions shall not include tax. A tax-exempt certificate will be provided to the awarded retailer.

1. Performance Requirements The following are the performance expectations:

1. Retailer will track all spend for each employee making purchases

1. Retailer will compare the employee making the spend with the Spend Authorization List to assure appropriate products are being purchased and remaining within authorized spending amount.

1. Retailer will invoice the Weld County Department of Human Resources monthly for all spend. The invoice will have a detailed breakdown by employee.

1. Retailer will handle any returns or replacements per retailer policies.

1. Weld County will pay invoices NET 30 Days.

1. Weld County will address any abuse or misuse of the program with employees.

1. Weld County will place awarded vendor onto an authorized listing and provide to employees, so they know where to shop and their associated spend limits.

Schedule C - Procurement Schedule

Below is the anticipated schedule for procurement of this solicitation:

Advertisement Date September 9, 2025

Technical Questions Due September 25, 2025, by 5:00 PM

Technical Questions email bids@weld.gov

Questions Answered via Addendum September 30, 2025

Solicitation Notice of Award (Anticipated) October 28, 2025

Contract Execution (Anticipated) December 3, 2025

Schedule D – RFP Response Criteria

RFP Response Submittal

Weld County is seeking the proposer with the best value for the County. To aid in the determination, contractor shall address the following items in the RFP response submittal, The RFP Response should be arranged in order of the evaluation criteria shown in the RFP Review Scoring Table below. The response items include:

1. The RFP Response shall include statements showing the proposer clearly understands the scope of the project and its objectives.

2. Describe how the proposed methodology will meet the desired goals of the project.

3. Include a brief description of similar or related projects completed within the last 5 years.

4. Emphasize projects that have included aspects related to this RFP.

5. The RFP Response shall include a description of critical issues that the proposer considers to be of importance for the project and how those issues will be solved.

6. Describe any judgements, claims, or suits pending or outstanding against proposer’s company.

7. Describe any changes in company ownership in the last 5 years.

8. The RFP Response shall include a description of the proposer’s location and explain how it will not affect the project coordination with the County.

9. Explain how the proposer is familiar with Weld County’s project specifications and policies.

10. The RFP Response shall include a preliminary schedule showing major milestones associated with this project, and how the proposer would complete the project within the contract time.

11. References from at least three other projects with similar requirements that have involved the staff proposed to work on this project. The County may choose to contact one or more of the listed references.

Response Format

The following defines the response format:

1. Limit the total length of RFP Response to a maximum of 15 pages.

a. The County will reject RFP responses received that are longer than 15 pages in length.

b. The front and back cover will not count as pages.

c. Section dividers also do not count as pages unless they have photos or text on them, then they will be included in the pages count.

d. The Proposal document forms included in this request which are mandatory to submit with your Proposal will not be included in the page count for your proposal.

2. RFP Responses shall be mainly made up of 8 ½” x 11” paper.

a. 11” x 17” paper can only be used for presenting large schedules, or example planning sheets.

b. Text sizes shall be 10 point or larger.

3. Failure to follow these instructions may result in the RFP Response being rejected.

Grading Criteria

The RFP Responses will be evaluated using the following criteria. NOTE: Each RFP Response will be individually evaluated by a team of reviewers. Each reviewer will score each of the RFP Responses following the criteria outlined in Table 1. 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.

After the individual reviewers have scored each RFP Response, the individual reviewer scores will be totaled. Each reviewer’s scores will be ranked by score from highest to lowest. The RFP response with the highest score will be ranked first place, second highest score will be ranked second place, and so on until all proposals have been proposals have been ranked.

The 2 to 3 highest ranked RFP Responses may be invited to participate in interviews (if required) to help the reviewers determine which proposer represents the best value to the County. If interviews are determined to be necessary for the selection process, Proposers will be evaluated on the criteria shown below in Table 2.

After all scorer rankings have been determined from the RFP Response and the interview (if required), each ranking will be totaled for each RFP Response based on their respective rankings (1st, 2nd, 3rd, etc.) from the scorers. The highest point score will be considered the best value for the County. NOTE: The first ranked proposal may not be the lowest overall cost.

Solicitation # Page 10 Table 1 - RFP Response Scoring Criteria

Scope of Proposal The proposal clearly shows an understanding of the project objectives.

The proposed methodology meets the desired goals of the County.

1 to 5

4.0

4% - 20%

Critical Issues The proposal demonstrates that the team clearly understands the major issues associated with the project.

The proposal offers realistic solutions to the critical issues.

1 to 5

4.0

4% - 20 %

Project Control The proposal describes how it will appropriately manage each individual employee’s clowhing allowance to prevent over expenditures and appropriate billing methods.

1 to 5

3.0

3% - 15%

Work Location/ Familiarity The contractor has locations across Weld County or provides appropriate means with easy access for purchasing ability for Weld County Employees.

1.0

1% - 5%

Cost and Schedule The proposal clearly states additional fees for program management, or product discounts that will be available. The proposal states data feed timelines in order to successfully implement and maintain the program.

8.0

8% - 40%

Table 2 Interview Scoring Criteria

The team offered innovative ideas for the project.

2 to 10

The team’s project manager demonstrates effective communication skills.

Quality of Presentation The team’s presentation was clear and easy to understand.

The people being interviewed displayed effective communication skills.

The team’s use of audio-visual aids was effective.

Question/Answer Session The team provided good answers to the questions asked by the selection committee.

The answers provided by the team demonstrated a clear understanding of the project and the project goals.

2 to 20

Total

8 to 50

Schedule E - Proposal Response Form

Proposal Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. Tuesday, October 7, 2025 @ 1:00PM.

1) Vendor’s Proposal – Outlined in Schedule D

2) Schedule E – Proposal Response Form

3) Any potential or future Addenda must be completed/acknowledged.

4) All other items as requested in the Bid Specifications and/or Scope of Work.

Failure to include any of the above items upon submittal of your Proposal may result in your Proposal being incomplete, non-responsive, and your Proposal being rejected. If there are any exclusions or contingencies submitted with your Proposal it may be disqualified.

Fees Provide fees for this project below:

Weld County will be responsible for paying for purchases made by the employee only up to the individual employee’s allowance amount.

Provide total cost for annual program management: $_________

Attestation

The undersigned, by his or her signature, hereby acknowledges and represents that:

1. The Proposal proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Proposal for Request B2500118

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 Proposer for the amount shown on the accompanying Proposal sheets.

4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting.

5. Acknowledgement of Schedule F – Insurance

6. Acknowledgment of Schedule G – Weld County Contract

7. By submitting a responsive Proposal or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County.

8. Weld County reserves the right to reject any and all Proposals, to waive any informality in the Proposals, and to accept the Proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The Proposal(s) may be awarded to more than one vendor.

Company Name:

Address:

Phone

Email:

FEIN/Federal Tax ID #:

CONTRACTOR:

By: ____________________________ ______________ Date of Signature Name: __________________________

Title: ___________________________

Schedule F – Insurance

Insurance

Contractor shall provide coverage with limits of liability no less than those stated below:

Required Types of Insurance

Workers’ Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor’s employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers’ Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form.

Minimum Limits:

Commercial General Liability Insurance - Occurrence Form

Policy shall include bodily injury, property damage, liability assumed under an Insured Contract. The policy shall be endorsed to include the following additional insured language: "Weld County, its subsidiary, parent, elected officials, employees, associated and/or affiliated entities, successors, or assigns, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor."

Such policy shall include Minimum Limits as follows:

Automobile Liability Insurance

Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

Such policy shall maintain Minimum Limits as follows:

Bodily Injury/Property Damage (Each Accident) $ 1,000,000

Professional Liability (Errors and Omissions Liability)

The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

Proof of Insurance. Upon County’s request, Contractor shall provide to County, for examination, a policy, endorsement, or other proof of insurance as determined in County’s sole discretion. Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure.

All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis.

The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises.

The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the Certificate of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, "Weld County, its successors or assigns; its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds” with respect to liability arising out of the activities performed by or on behalf of the Contractor”.

On insurance policies where Weld County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract.

Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract.

All certificates and any required endorsement(s) shall be sent directly to the County Department Representative’s Name and Address. The project/contract number and project description shall be noted on the Certificate of Insurance. The County reserves the right to require complete, certified copies of all insurance policies required by this Agreement at any time, and such shall also be deemed confidential.

Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney’s Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action.

Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County.

The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force.

Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project.

Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non-renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor’s responsibility to give the County 30 days’ notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer’s notification to that effect.

The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement.

Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award.

Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor’s policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County.

No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement.

Insurance Mailing Information

Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below:

Email:

Project Manager: Kelly Leffler Email: kleffler@weld.gov Telephone: 970-400-4220

Mail:

Weld County Human Resources ATTN: Kelly Leffler PO Box 758 Greeley, CO 80632

Greeley, Colorado 80601

Schedule G - Weld County Contract

Contractual Obligations

1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule G of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution.

2. Issuance of this solicitation does not commit the County to award any agreement or to procure.

3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee.

4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non-appropriation, and termination.

5. Contractor’s Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project-by-project basis that provide further clarification.

Weld County Standard Contract

Below is the standard Weld County Contract for Professional Services.

Professional Service Agreement Between Weld County and [Contractor]

THIS AGREEMENT is made and entered into this ___ day of ____________, 202_, by and between the Board of Weld County Commissioners, on behalf of [Department], hereinafter referred to as “County,” and [Contractor], hereinafter referred to as “Contractor”.

WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and

WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and

WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:

1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor’s willingness and ability to meet those requirements (the “Work”). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment.

Exhibit A consists of County’s Invitation for Bid (IFB) or Request for Proposal (RFP) as set forth in Bid Package No. B_________.

Exhibit B consists of Contractor’s Response to County’s Request.

2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County’s decision to withhold payment or to terminate this Agreement.

3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor’s completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties.

4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked “DRAFT-INCOMPLETE.” If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered.

5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties, and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative.

6. Compensation. Upon Contractor’s successful completion of the Work, and County’s acceptance of the same, County agrees to pay Contractor an amount not to exceed $ _____ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).

7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor’s officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers’ compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement Any provisions in this Contract that may appear to give the County the right to direct contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract.

8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors.

9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records, and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County.

10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non-confidential information, clearly denoting in red on the relevant document at the top the word, “CONFIDENTIAL.” However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County’s confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement.

11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs.

12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County’s action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County’s rights under this Agreement or under the law generally.

13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor’s insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an “A.M. Best” rating of not less than A-VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

Required Types of Insurance

Workers’ Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor’s employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers’ Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form.

Minimum Limits:

Commercial General Liability Insurance - Occurrence Form

Policy shall include bodily injury, property damage, liability assumed under an Insured Contract. The policy shall be endorsed to include the following additional insured language: "Weld County, its subsidiary, parent, elected officials, employees, associated and/or affiliated entities, successors, or assigns, agents, and volunteers shall be named as additional insureds with respect to…