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Home My WebLink About20200958.tiffFebruary 6, 2024 FACILITIES 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 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The original agreement permits additional services on an as needed basis. Weld County needs materials testing services for the Shooting Range Water Treatment project that will soon be under construction. The fee for the testing services is $1,599.25 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this contract in the amount of $1,599.25. If you have any questions, please contact me at extension 2023. Sincerely, Curtis Naibauer Interim Director CC- � <97166&) Cunen-l-Penctou ��.24,/2 zo2o oq zizidz4 $cioozz AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & PROFESSIONAL SERVICE INDUSTRIES INC MATERIALS TESTING SERVICES SHOOTING RANGE WATER TREATMENT PROJECT THIS AGREEMENT is made and entered into this.!day of Fe,bvtAn,,Vt,‘ , 202ff, 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 Professional Service Industries Inc. whose address is 1070 W. 124° Ave. Suite 800 Westminster, CO 80234, 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 A: 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 Exhibit A, of which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit A, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of Contractor's Response to County's Request. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. 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. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements 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 execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A. 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 continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $1,599.25, which is the bid set forth in Exhibit A. 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 2 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 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 3 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. a. Types of Insurance. Workers' Compensation / 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. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor 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. Contractor shall maintain limits for all claims covering 4 wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. 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. d. 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. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement 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, judicial decision, or other law or court decree. The 5 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. It is agreed that the Contractor 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 Contractor 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 Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. 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. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. 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. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or 6 Either party may change its notice address(es) by written notice to the other. Notice may be sent to: Notification Information: Contractor: Professional Service Industries Inc. Attn: Kyle R. Duitsman-PE Address: 1070 W. 124th Ave Suite 800 Address: Westminster, CO 80234 E-mail: kyle.duitsman@intertek.com Telephone: (303) 424-5578 County: Name: Curtis Naibauer Position: Interim Director of Facilities Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: cnaibauer@weldgov.com Telephone: 970-400-2027 19. 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. 20. 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. 21. Entire Agreement/Modifications. This Agreement including the Exhibit 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. 22. 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. 23. 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. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, 7 without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. 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. 26. Governmental Immunity. No term or condition of this Agreement 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. 27. 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. 28. 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. 29. 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 small 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. 30. Public Contracts for Services Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. 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. 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 this Agreement 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 8 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 by the Colorado Department of Labor and Employment. Contractor shall, within twenty days after hiring a 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 the other requirements of federal or state law. If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 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, 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 federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibit, 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. 9 WITNESS WHE OF, the parties hereto have signed this Agreement this e day of ,2 CONTRACTOR: Professional Service Industries Inc. By: Nam&Jim Elhardt Title: Dept. Manager Date 2/8/24 WELD CO Jei 4 ATTEST: ,�" ) d ;,moo• Weld C • n Clerk to the Bo: rd BY: BOARD OF COUNTY COMMISSIONERS WELD RADO tot - Boa Kevin D. Ross, Chair 10 FEB 2 6 2024 intertek PSI Exhibit A: Shooting Range Water Treatment Project Mr. Alex Engelbert Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Re: Proposal for Construction Materials Testing & Inspection Services Weld County Sheriffs Department — Shooting Range Water Treatment 58676 County Road 23 Carr, CO 80612 Dear Mr. Engelbert, Proposal Number: 416685 February 6, 2024 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Fax: (303) 423-5625 Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Sheriffs Department — Shooting Range Water Treatment in Carr, Colorado. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's understanding of the project is based on the information provided by Ms. Cristina Ortiz with KR Construction Group, which included construction documents dated December 11, 2023 and the Geotechnical Engineering Report dated October 27, 2020. Based on this information, PSI understands KR Construction Group is planning the construction of a new water treatment buildout at the existing Weld County Sheriff's Department Shooting Range. PSI proposes to provide a Engineering Technicians to perform construction materials testing and inspection services in general accordance with the project plans and specifications provided. Services will include moisture and compaction testing of subgrades, visual inspection of reinforcing steel, sampling and testing of site -delivered concrete, and compressive strength testing of 4"08" concrete cylinders. Services will be provided on an on -call basis as scheduled by KR Construction Group and must be coordinated by 3pm the business day prior. At the completion of our services, PSI will issue a letter of completion for the work we tested and inspected. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection will be approximately $1,599.25. PSI proposes that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424- 5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jim Elhardt Department Manager James.Elhardt@lntertek.com Kyle R. Duitsman, P.E. Regional Director Kyle.Duitsman@Intertek.com Attachments: Weld County Fees Sheet www.intertek.com/building ie. Proposal Number: 416685 February 6, 2024 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: Proposal Number: 416685 February 6, 2024 Page 3 FEES Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 1 0 $ 104.70 $ 104.70 b. Compaction tests (3 tests per trip) Trips 1 0 $ 158.75 $ 158.75 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 1 0 $ 158.75 $ 158.75 3. Reinforcing steel / embedded anchor observations a. Rebarobservation (Trip is based on 3 hours) Trips 1 0 $ 158.75 $ 158.75 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 158.75 $ c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 0 0 $ 166.65 $ io, 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 1 0 $ 211.65 $ 211.65 b. Cylinder transportation perACl requirements Hourly 4 0 $ 52.90 $ 211.60 c. Structural Masonry inspections Hourly 0 0 $ 52.90 $ d. Masonry inspections EA 0 0 $ 52.90 $ e. Grout tests EA 0 0 $ 27.55 $ g. Mortar tests (Set of 3) EA 0 0 $ 99.20 $ h. Prisms EA 0 0 $ 104.70 $ 5. Pre -Engineered Metal Building a. Welded and bolted connections Hourly 0 0 $ 82.65 $ b. Steel inspector, Nondestructive testing Test 0 0 $ 82.65 $ Proposal Number: 416685 February 6, 2024 Page 4 Proposal Number: 416685 February 6, 2024 Page 5 5. Pre -Engineered Metal Building a. Welded and bolted connections Hourly 5 0 $ 82.65 $ 413.25 b. Steel inspector, Nondestructive testing Test 0 0 $ 82.65 $ 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 0 0 $ 52.90 $ c. Gradation Test 0 0 $ 71.65 $ 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 3 0 $ 60.60 $ 181.80 Grand Total $ 1,599.25 Page l of 2 AW CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDlYYYY 02/14/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the teens and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Towers Watson Certificate Center NAME: Willis Towers Watson Northeast; Inc. c/o 26 Century Blvd , ExU: 1-877-945-7378 I is No): 1-888-467-2378 (an, P.O. Box 305191 E-MAIL ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE NAIL # INSURER, QBE Insurance Corporation 39217 INSURED Professional Service Industries, Inc. INSURER!, Zurich American Insurance Company 16535 INSURER C: American Zurich Insurance Company 40142 1070 W. 124th Avenue Suite 800 Westminster, CO 80234 INSURER D: VIE Specialty Insurance Company 11515 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: W32666623 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 OP. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 r TYPE OF INSURANCE S ADDL UBR NSD WVD POLICY NUMBER POLICY EFF {MM/DDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE El OCCUR CGA1407408 10/01/2023 10/01/2024 EACH OCCURRENCE $ 1,000,000 PREM SES Ea occu ence) 5 100,000 MED EXP (Any one person) $ 25,000 PERSONAL8,ADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: P X POLICY ROT ❑ LOC JEC OTHER: GENERAL AGGREGATE $ 1,000,000 PRODUCTS - COMP/OPAGG $ 1,000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED !� AUTOS ONLY HIRED X AUTOS ONLY SCHEDULED AUTOS NON -OWNED X AUTOS OILY BAP 7296414-03 10/01/2023 10/01/2024 (Ea COMBInt) NED SINGLE LIMIT accide $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAR EXCESSLIAB X OCCUR CLAIMS -MADE CCU1407408 10/01/2023 10/01/2024 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED J X RETENTION $ 0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? No (Mandatory in NH) If yes, d glr be under DESCRIPTION OF OPERATIONS below NIA WC 7296412-03 (AOS) 10/01/2023 10/01/2024 X I STATUTE I I 0 - E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Worker's Compensation 6 Employers Liability Per Statute WC 7296413-03 (MA/WI) 10/01/2023 10/01/2024 EL Each Accident EL Disease - EA Empl . EL Disease - Pol Lmt. $1,000,000 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 707, Additional Remarks Schedule, may be attached if more space is required) RE: Weld County Shooting Range Water Treatment 05322784 See next page for additional information: SEE ATTACHED CERTIFICATE HOLDER 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. Weld County Facilities Department AUTHORIZED REPRESENTATIVE Attn: Sterling Geesaman 1105 0. Street Greeley, CO 80631 (� LL ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD sR Io. 25434616 BAT.: 3333303 AGENCY CUSTOMER ID: LOC #: ACORO® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Willis Towers Watson Northeast, Inc. POUCY NUMBER See Page 1 CARRIER See Page 1 NAIL CODE See Page 1 NAMEDINSURED Professional Service Industries, Inc. 1070 W. 124th Avenue Suite 800 Westminster, CO 80234 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insured Includes: Testing Holdings USA Inc. Professional Service Industries, Inc. dba Intertek-PSI aka PSI Professional Service Industries Holdings, Inc. Professional Service Industries Engineerings, PLLC Pittsburgh Testing Laboratory, Inc. PSI Acquisitions, Inc. Midwest Engineering Services, Inc. Wilson Inspection X -Ray Services, Inc. Contract Start Date: 2/8/2024 Contract Finish Date: to be determined C/O: 2 Requester Initials: CH Weld County, Colorado, its elected officials, and its employees are included as Additional Insureds (except as respects all coverage afforded by the Workers Compensation and Professional Liability policies) where required by written contract. The Additional Insured(s) are granted a Waiver of Subrogation where required by written contract, but only for liability arising out of the operations of the Named Insured as permitted by law. Umbrella/Excess policy is follow -form to the underlying policies. INSURER AFFORDING COVERAGE: QBE Specialty Insurance Company NAIC#: 11515 POLICY NUMBER: Q1,3026108 EFF DATE: 00/30/2023 EXP DATE: 09/30/2024 TYPE OF INSURANCE: Professional Liability LIMIT DESCRIPTION: Each Claim/Aggregate SIR LIMIT AMOUNT: $2,000,000 $1,250,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 25434616 BATCH: 3333303 CERT: W32666623 POLICY NUMBER: CGA1407408 COMMERCIAL GENERAL LIABILITY CO 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Where required by written contract or agreement. Any and all locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liabiity for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: CO 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 1. All work, including materials, parts or 2. Available under the applicable limits of equipment furnished in connection with such insurance; work, on the project (other than service, maintenances or repairs) to be performed by or whichever is less. on behalf of the additional insured(s) at the This endorsement shall not increase the location of the covered operations has been applicable limits of insurance. completed; or 2. That portiol of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: CGA1407408 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by written contract or agreement. Any and all locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 QBEO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - WAIVER OF SUBROGATION Name of Insured: Testing Holdings USA Inc. Policy Number: CGA1407408 Endorsement Number: GL-OC-2060 (08-20) Effective Date of Endorsement: 10/01/2023 Name of Insurer: QBE Insurance Corporation This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following to the end thereof: This condition does not apply to any person or organization to which you waived this condition by written contract or agreement, subject to the following additional provisions: The written contract or agreement containing such waiver must: 1. Be in effect during the policy period shown in the Declarations, and 2. Have been executed prior to the "bodily injury" or "property damage". All other terms and conditions of this Policy remain unchanged. GL-OC-2060 (08-20) © QBE, 2020 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: BAP 7296414-03 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is Ai Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: TESTING HOLDINGS USA INC Endorsement Effective Date: 10-1-2023 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 © Insurance Services Office, Inc., 2011 Page 2 of 2 POLICY NUMBER: BAP 7296414-03 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: TESTING HOLDINGS USA INC Endorsement Effective Date: 10/1/2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHERE REQUIRED BY WRITTEN CONTRACT PROVIDED THAT SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule All persons and/or organizations that are required by written contract or agreement with the Insured, executed prior to the Accident or Loss, that Waiver of Subrogation be provided under this policy for work performed by you for that person and/or organization This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 10-1-23 Effective Policy No. WC 7296412-03 Insured Testing Holdings USA Inc Insurance Company American Zurich Insurance Company WC124 (4-84) WC 00 03 13 Endorsement No. Premium $ Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule All persons and/or organizations that are required by written contract or agreement with the Insured, executed prior to the Accident or Loss, that Waiver of Subrogation be provided under this policy for work performed by you for that person and/or organization This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 10-01-2023 Effective Policy No. WC 7296413-03 Insured Testing Holdings USA Inc Insurance Company Zurich American Insurance Company Endorsement No. Premium $ WC124 (4-84) Page 1 of 1 Copyright 1983 National Council on Compensation Insurance, Inc. Contract Form Entity Information Entity Name* Entity ID* PROFESSIONAL SERVICE @00030286 INDUSTRIES INC Contract Name * MATERIALS TESTING (2020-0958) Contract Status CTB REVIEW Contract Description * SHOOTING RANGE WATER TREATMENT PROJECT Contract Description 2 Contract Type CONTRACT Amount* $1,599.25 Renewable * NO Automatic Renewal Grant IGA Q New Entity? Contract ID 7806 Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 02/17/2024 GROUNDS 02/21 /2024 Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2000096 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 Review Date 12/02/2024 Committed Delivery Date Renewal Date Expiration Date" 12/02/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 02/16/2024 Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHRIS D'OVIDIO BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/15/2024 02/15/2024 02/16/2024 Final Approval BOCC Approved Tyler Ref # AG 022624 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 02/26/2024 Con-hvG c+ l D V7 1 e February 7, 2024 FACILITIES 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 To: Board of County Commissioners From: Curtis Naibauer Subject: Materials Testing Services — (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The original agreement permits additional services on an as needed basis. Weld County needs materials testing services for the Weld County Jail Booking project that will soon be under construction. The fee for the testing services is $6,300.20 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this contract in the amount of $6,300.20 If you have any questions, please contact me at extension 2023. Sincerely, Curtis Naibauer Interim Director Vroy2-00- 2/2C0/ 254 OA, AfA2-€ 6,/.2 2.02,0 ZOZO (fin 3C (OZZ AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & PROFESSIONAL SERVICE INDUSTRIES INC MATERIALS TESTING SERVICES WELD COUNTY JAIL BOOKING PROJECT THIS AGREEMENT is made and entered into this Zlolday of FelotA a v , 2024 by and between the County of Weld, a body corporate and politic of the State of Colora, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Professional Service Industries Inc. whose address is 1070 W. 124th Ave. Suite 800 Westminster, CO 80234, 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 A: 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 Exhibit A, of which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit A, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of Contractor's Response to County's Request. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. 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. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements 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 execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A. 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 020,20 -09.81 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 continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $6,300.20, which is the bid set forth in Exhibit A. 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. 2 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. 3 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. a. Types of Insurance. Workers' Compensation / 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. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor 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 vehides 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. 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 4 professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. 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. d. 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. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement 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, judicial decision, or other 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 5 or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor 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 Contractor 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 Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. 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. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. 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. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: 6 Notification Information: Contractor: Professional Service Industries Inc. Attn: Kyle R. Duitsman-PE Address: 1070 W. 124th Ave Suite 800 Address: Westminster, CO 80234 E-mail: kyle.duitsman@intertek.com Telephone: (303) 424-5578 County: Name: Curtis Naibauer Position: Interim Director of Facilities Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: cnaibauer@weldgov.com Telephone: 970-400-2027 19. 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. 20. 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. 21. Entire Agreement/Modifications. This Agreement including the Exhibit 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. 22. 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. 23. 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. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, 7 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. 26. Governmental Immunity. No term or condition of this Agreement 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. 27. 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. 28. 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. 29. 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. 30. Public Contracts for Services Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. 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. 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 this Agreement 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 by the Colorado Department of Labor and Employment. Contractor shall, within twenty days after hiring a new 8 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 the other requirements of federal or state law. If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 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, 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 federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibit, 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. 9 IN I ESS WHERE* , the parties hereto have signed this Agreement this p day of , 202 CONTRACTO Professional Service Industries Inc. By: (J - --- �� Name: Jim Elhardt Title: Dept. Manager Date 2/8/24 WELD CO N Y: ATTEST: q/ ;ak. Wel. o my Clerk t• th,. Board B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy !/erk t• th-/=;7,ar• 1S Kevin D. Ross, Chair to FEB 2 6 2024 .2oa° 09�'S intertek . Psi Exhibit A: Jail Booking Project Mr. Alex Engelbert Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Re: Proposal for Construction Materials Testing & Inspection Services Weld County Jail Booking 1950 O Street Greeley, CO Dear Mr. Engelbert, Proposal Number: 417981 February 6, 2024 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Fax: (303) 423-5625 Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Jail Booking project in Greeley, Colorado. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's understanding of the project is based on the information provided by Mr. Engelbert, which included architectural drawings dated January 4, 2024 and structural drawings dated January 22, 2024 by Robert Shreve Architects and Planners. Based on this information, PSI understands that Weld County is planning the construction of a new booking area at the existing jail located at 1950 O Street in Greeley, Colorado. The booking area will be supported by new wall and column footings, with stem walls, and a slab -on -grade floor. Construction of the booking area will include reinforced masonry walls, structural steel, and steel decking. Services will be provided on an on -call basis as scheduled by the general contractor and must be coordinated by 3pm the business day prior. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection will be approximately $6,300.20. PSI proposes that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424- 5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jim Elhardt Kyle R. Duitsman, P.E. Department Manager Regional Director James.Elhardt@Intertek.com Kyle.Duitsman@Intertek.com Attachments: Weld County Fees Sheet www.intertek.com/building te PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF BY/TITLE: (Print/type name) FIRM: PHONE: Proposal Number: 417981 February 6, 2024 Page 2 SIGNATURE: • FEES Proposal Number: 417981 February 6, 2024 Page 3 Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 2 0 $ 104.70 $ 209.40 b. Compaction tests (3 tests per trip) Trips 3 0 $ 158.75 $ 476.25 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 1 0 $ 158.75 $ 158.75 3. Reinforcing steel /embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips 3 0 $ 158.75 $ 476.25 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 $ 158.75 $ c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 2 0 $ 166.65 $ 333.30 in Proposal Number: 417981 February 6, 2024 Page 4 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 3 0 $ 211.65 $ 634.95 b. Cylinder transportation perACl requirements Hourly 6 0 $ 52.90 $ 317.40 c. Structural Masonryinspections Hourly 24 0 $ 52.90 $ 1,269.60 d. Masonry inspections EA 0 0 $ 52.90 $ e. Grout tests EA 4 0 $ 27.55 $ 110.20 g. Mortar tests (Set of 3) EA 1 0 $ 99.20 $ 99.20 h. Prisms EA 3 0 $ 104.70 $ 314.10 5. Structural Steel & Steel Decking a. Welded and bolted connections Hourly 12 0 $ 82.65 $ 991.80 b. Steel inspector, Nondestructive testing Test 0 0 $ 82.65 $ ie. 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 0 0 $ 52.90 $ c. Gradation Test 0 0 $ 71.65 $ 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 15 0 $ 60.60 $ 909.00 Grand Total $ 6,300.20 Proposal Number: 417981 February 6, 2024 Page 5 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: 5 % Per Year Page 1 of 2 AC ©� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/14/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder 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 Willis Towers Watson Northeast, Inc. 26 Century Blvd CONTACT Willis Towers Watson Certificate Center NAME: RICNNo. Ext): 1-877-945-7378 I Wm.): 1-888-467-2378 c/o P.O. Box 305191 ADDRIESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE NAIL# INSURER A: QBE Insurance Corporation 39217 INSURED Professional Service Industries, Inc. INSURERS: Zurich American Insurance Company 16535 INSURERC: : American Zurich Insurance Company 40142 1070 W. 124th Avenue Suite 800 Westminster, CO 80234 INSURERD: : QBE Specialty Insurance Company 11515 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: W32666623 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I'M LTR TYPE OF INSURANCE ADDL SUER INSR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR CGA1407408 10/01/2023 10/01/2024 EACH OCCURRENCE $ 1,000,000 P EM SESO(Ea occur ante) $ 100,000 MED EXP (Any one person) $ 25,000 PERSONAL8, AD, iNJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY LI PRO ❑ LOC JECT OTHER: PRODUCTS - COMP/OPAGG $ 1,000,000 $ B AUTOMOBILELIABILITY X ANY AUTO X OWNED AUTOS ONLY HIRED AUTOS ONLY SCHED0010 ISM0010 X NON-OWNE7 AUTOS ONLY BAP 7296414-03 10/01/2023 10/01/2024 COMBINEDSINGLELIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE (Per accident) $ A X UMBRELLA LIAR EXCESS LIAB X 00000 CLAIMS -MADE CCU1407408 10/01/2023 10/01/2024 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ DED I X I RETENTIONS 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCWDED? NO (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC 7296412-03 (AOS) 10/01/2023 10/01/2024 X STATUTE I I ERH _21,000,000 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT 1,000,000 $ B Workers Compensation 6 Employers Liability Per Statute WC 7296413-03 (MA/WI) 10/01/2023 10/01/2024 EL Each Accident EL Disease - EA Empl. EL Disease - Pol Lmt. $1,000,000 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Weld County Shooting Range Water Treatment 05322784 See next page for additional information: SEE ATTACHED CERTIFICATE HOLDER 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. Weld County Facilities Department AUTHORIZED REPRESENTATIVE Attn: Sterling Geesaman 1105 O. Street �� 11�oI`> ,^ Greeley, CO 80631 Y,`�- ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BR Io: 25434616 BATCH: 3333303 AGENCY CUSTOMER ID: LOC #: AWR ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Willis Towers Watson Northeast, Inc. POLICY NUMBER See Page 1 CARRIER See Page 1 NAIL CODE See Page 1 NAMED INSURED Professional service Industries, Inc. 1070 W. 124th Avenue Suite 800 Westminster, CO 80234 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insured Includes: Testing Holdings USA Inc. Professional Service Industries, Inc. dba Intertek-PSI aka PSI Professional Service Industries Holdings, Inc. Professional Service Industries Engineerings, PLLC Pittsburgh Testing Laboratory, Inc. PSI Acquisitions, Inc. Midwest Engineering Services, Inc. Wilson Inspection X -Ray Services, Inc. Contract Start Date: 2/8/2024 Contract Finish Date: to be determined C/O: 2 Requester Initials: CH Weld County, Colorado, its elected officials, and its employees are included as Additional Insureds (except as respects all coverage afforded by the Workers Compensation and Professional Liability policies) where required by written contract. The Additional Insuredls) are granted a Waiver of Subrogation where required by written contract, but only for liability arising out of the operations of the Named Insured as permitted by law. Umbrella/Excess policy is follow -form to the underlying policies. INSURER AFFORDING COVERAGE: QBE Specialty Insurance Company NAIC#: 11515 POLICY NUMBER: QPL3026198 OFF DATE: 09/30/2023 EXP DATE: 09/30/2024 TYPE OF INSURANCE: Professional Liability LIMIT DESCRIPTION: Each Claim/Aggregate SIR LIMIT AMOUNT: $2,000,000 $1,250,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 25434616 BATCH: 3333303 CERT: W32666623 POLICY NUMBER: CGA1407408 COMMERCIAL GENERAL LIABILITY CO20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Where required by written contract or agreement. Any and all locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER CGA1407408 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by written contract or agreement. Any and all locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 QBE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - WAIVER OF SUBROGATION Name of Insured: Testing Holdings USA Inc. Policy Number: CGA1407408 Endorsement Number: GL-OC-2060 (08-20) Effective Date of Endorsement: 10/01/2023 Name of Insurer: QBE Insurance Corporation This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following to the end thereof: This condition does riot apply to any person or organization to which you waived this condition by written contract or agreement, subject to the following additional provisions: The written contract cc agreement containing such waiver must: 1. Be in effect during the policy period shown in the Declarations, and 2. Have been executed prior to the "bodily injury" or "property damage". All other terms and conditions of this Policy remain unchanged. GL-OC-2060 (08-20) © QBE, 2020 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: BAP 7296414-03 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: TESTING HOLDINGS USA INC Endorsement Effective Date: 10-1-2023 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 Each person or crganization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" wider the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 2 of 2 POLICY NUMBER BAP 7296414-03 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: TESTING HOLDINGS USA INC Endorsement Effective Date: 10/1/2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHERE REQUIRED BY WRITTEN CONTRACT PROVIDED THAT SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule All persons and/or organizations that are required by written contract or agreement with the Insured, executed prior to the Accident or Loss, that Waiver of Subrogation be provided under this policy for work performed by you for that person and/or organization This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 10-1-23 Effective Policy No. WC 7296412-03 Endorsement No. Insured Testing Holdings USA Inc Premium $ Insurance Company American Zurich Insurance Company WC124 (4-84) WC 00 0313 Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule All persons and/or organizations that are required by written contract or agreement with the Insured, executed prior to the Accident or Loss, that Waiver of Subrogation be provided under this policy for work performed by you for that person and/or organization This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 10-01-2023 Effective Policy No. WC 7296413-03 Insured Testing Holdings USA Inc Insurance Company Zurich American Insurance Company Endorsement No. Premium $ WC124 (4-84) Page 1 of 1 Copyright 1983 National Council on Compensation Insurance, Inc. Contract Form Entity Information Entity Name* Entity ID* PROFESSIONAL SERVICE @00030286 INDUSTRIES INC Contract Name * MATERIALS TESTING (2021-0958) JAIL BOOKING Contract Status CTB REVIEW Contract Description* MATERIALS TESTING FOR THE JAIL BOOKING PROJECT Contract Description 2 Contract Type* CONTRACT Amount * $6,300.20 Renewable NO Automatic Renewal Grant IGA Q New Entity? Contract ID 7810 Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 02/17/2024 GROUNDS 02/21 /2024 Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2000096 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 Review Date * 12/02/2024 Committed Delivery Date Renewal Date Expiration Date* 12/02/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 02/16/2024 Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHRIS D'OVIDIO BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/15/2024 02/15/2024 02/16/2024 Final Approval BOCC Approved Tyler Ref # AG 022624 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 02/26/2024 Co vaC+t i$11 February 7, 2024 FACILITIES 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 To: Board of County Commissioners From: Curtis Naibauer Subject: Materials Testing Services — (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The original agreement permits additional services on an as needed basis. Weld County needs materials testing services for the Briggsdale Grader Shed project that will soon be under construction. The fee for the testing services is $6,683.85 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this contract in the amount of $6,683.85. If you have any questions, please contact me at extension 2027. Sincerely, Curtis Naibauer Interim Director Coven+ 2/z(o/L -21-w/021- zoZ-c5 BG) ocZZ. AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & PROFESSIONAL SERVICE INDUSTRIES INC MATERIALS TESTING SERVICES BRIGGSDALE GRADER SHED PROJECT THIS AGREEMENT is made and entered into this Zl6 day of V:e, VpioDukA, 2021, 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 Professional Service Industries Inc. whose address is 1070 W. 124°' Ave. Suite 800 Westminster, CO 80234, 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 A: 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 Exhibit A, of which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit A, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of Contractor's Response to County's Request. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. 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. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements 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 execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A. 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 o2Do�d - D 5 5 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 continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $6,683,85 which is the bid set forth in Exhibit A. 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. 2 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. 3 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 cf 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. a. Types of Insurance. Workers' Compensation / 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. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor 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. 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 4 professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. 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. d. 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. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement 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, judicial decision, or other 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 5 or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor 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 Contractor 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 Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. 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. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. 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. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: 6 Notification Information: Contractor: Professional Service Industries Inc. Attn: Kyle R. Duitsman-PE Address: 1070 W. 124th Ave Suite 800 Address: Westminster, CO 80234 E-mail: kyle.duitsman@intertek.com Telephone: (303) 424-5578 County: Name: Curtis Naibauer Position: Interim Director of Facilities Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: cnaibauer@weldgov.com Telephone: 970-400-2027 19. 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. 20. 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. 21. Entire Agreement/Modifications. This Agreement including the Exhibit 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. 22. 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. 23. 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. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, 7 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. 26. Governmental Immunity. No term or condition of this Agreement 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. 27. 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. 28. 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. 29. 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. 30. Public Contracts for Services Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. 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. Contractor shall not knowingly employ or contract with an illegal alien ID 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 this Agreement 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 by the Colorado Department of Labor and Employment. Contractor shall, within twenty days after hiring a new 8 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 the other requirements of federal or state law. If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 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, 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 federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibit, 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. 9 IN ESS WHERE F, the parties hereto have signed this Agreement this „day of CONTRACTO : Professional Service Industries Inc. By:—��— Name: Jim Elhardt Title: Dept. Manager Date 2/8/24 WELD CO Y: BOARD OF COUNTY COMMISSIONERS ATTEST: WELD CO O Weld C • u ty Clerk to the B BY: Deputy 10 evin D. Ross, Chair FEB 2 6 2024 02PA0 09 (571 intertek • PSI Exhibit A: Briggsdale Grader Shed Mr. Alex Engelbert Weld County - Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Re: Proposal for Construction Materials Testing & Inspection Services Weld County Briggsdale Grader Shed and Salt Shed 43950 Hwy 392 Briggsdale, CO Dear Mr. Engelbert, Proposal Number: 417964 February 6, 2024 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Fax: (303) 423-5625 Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Briggsdale Grader Shed and Sand Shed project in Briggsdale, Colorado. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's understanding of the project is based on the information provided by Mr. Engelbert, which included civil drawings dated June 20, 2023 by Wernsman Engineering and Land Development LLC, architectural drawings dated June 29, 2023 (Salt Shed) and August 15, 2023 (Grader Shed) by Robert Shreve Architects and Planners, and structural drawings dated May 29, 2023 by Wernsman Engineering. Based on this information, PSI understands that Weld County is planning the construction of new grader and sand sheds to be located at 43950 Hwy 392 in Briggsdale, Colorado. The sheds will be supported by shallow foundations consisting of wall and column footings with pilasters and slab -on -grade floors. The sheds will be pre-engineered metal buildings. Associated site work will include new HDPE water line and CMP drain line, and a concrete apron at the grader shed. Services will be provided on an on -call basis as scheduled by the general contractor and must be coordinated by 3pm the business day prior. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection will be approximately $6,683.85. PSI proposes that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424- 5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jim Elhardt Department Manager James.Elhardt@Intertek.com Kyle R. Duitsman, P.E. Regional Director Kyle.Duitsman@Intertek.com Attachments: Weld County Fees Sheet www.intertek.com/building te Proposal Number: 417964 February 6, 2024 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: Proposal Number: 417964 February 6, 2024 Page 3 FEES Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 2 0 $ 104.70 $ 209.40 b. Compaction tests (3 tests per trip) Trips 4 0 $ 158.75 $ 635.00 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 2 0 $ 158.75 $ 317.50 3. Reinforcing steel /embedded anchor observations a. Rebarobservation (Trip is based on 3 hours) Trips 6 0 $ 158.75 $ 952.50 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 158.75 $ c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 0 0 $ 166.65 $ in Proposal Number: 417964 February 6, 2024 Page 4 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 9 0 $ 211.65 $ 1,904.85 b. Cylinder transportation perACl requirements Hourly 21 0 $ 52.90 $ 1,110.90 c. Structural Masonry inspections Hourly 0 0 $ 52.90 $ d. Masonry inspections EA 0 0 $ 52.90 $ e. Grout tests EA 0 0 $ 27.55 $ g. Mortar tests (Set of 3) EA 0 0 $ 99.20 $ h. Prisms EA 0 0 $ 104.70 $ 5. Pre -Engineered Metal Building a. Welded and bolted connections Hourly 10 0 $ 82.65 $ 826.50 b. Steel inspector, Nondestructive testing Test 0 0 $ 82.65 $ Proposal Number: 417964 February 6, 2024 Page 5 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 0 0 $ 52.90 $ c. Gradation Test 0 0 $ 71.65 $ 7. Reports and engineeri■g a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 12 0 $ 60.60 $ 727.20 Grand Total $ 6,683.85 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: 5 Y Per Year Page 1 of 2 ACG CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD/YYYY) 02/14/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder 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 Willis Towers Watson Northeast, Inc. 26 Century Blvd CONTACT Willis Towers Watson Certificate Center NAME: (A/G No. E.: 1-877-945-7378 I (a . N0 1-888-467-2378 c/o P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE NAIL# INSURERA: OBE Insurance Corporation 39217 INSURED Professional Service Industries, Inc. INSURERS: Zurich American Insurance Company 16535 INSURERC: American Zurich Insurance Company 40142 1070 W. 124th Avenue Suite 800 Westminster, CO 80234 INSURERD: 08E Specialty Insurance Company 11515 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: W32666623 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE EI OCCUR CGA1407408 00/01/2023 00/01/2024 EACH OCCURRENCE $ 1,000,000 PREM SESO(Ea occur once) $ 100,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN, AGGREGATE LIMIT APPLIES PER: X POLICY DJECT PRO ElLac OTHER: PRODUCTS - COMP/OP AGG $ 1,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO OWNED X AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED AUTOS X NON -OWNED AUTOS ONLV BAP 7296414-03 10/01/2023 10/01/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE 0111407408 10/01/2023 10/01/2024 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ DED I XI RETENTION $ 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? N° (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC 7296412-03 (AOS) 10/01/2023 10/01/2024 - X I STATUTE I I Kr" E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ H Workers Compensation 6 Employers Liability Per Statute WC 7296413-03 (MA/WI) 10/01/2023 10/01/2024 EL Each Accident EL Disease - EA Empl. EL Disease - Pol Lott. $1,000,000 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Weld County Shooting Range Water Treatment 05322784 See next page for additional information: SEE ATTACHED CERTIFICATE HOLDER 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. Weld County Facilities Department AUTHORIZEDREPRESENTATIVE Attn: Sterling Geesaman 1105 O. Street Greeley, CO 80631 ( , ( _ (� !�W`°'y. 1tulY ACORD 25 (2016/03) (>1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD sx In: 25434616 sATcx: 3333303 AGENCY CUSTOMER ID: LOC #: ACORO® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Willis Towers Watson Northeast, Inc. POLICY NUMBER See Page 1 CARRIER See Page 1 NAIL CODE See Page 1 NAMED INSURED Professional Service Industries, Inc. 1070 W. 124th Avenue Suite 800 Westminster, CO 80234 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insured Includes: Testing Holdings USA Inc. Professional Service Industries, Inc. dba Intertek-PSI aka PSI Professional Service Industries Holdings, Inc. Professional Service Industries Engineerings, PLLC Pittsburgh Testing Laboratory, Inc. PSI Acquisitions, Inc. Midwest Engineering Services, Inc. Wilson Inspection X -Ray Services, Inc. Contract Start Date: 2/8/2024 Contract Finish Date: to be determined C/O: 2 Requester Initials: CH Weld County, Colorado, its elected officials, and its employees are included as Additional Insureds (except as respects all coverage afforded by the Workers Compensation and Professional Liability policies) where required by written contract. The Additional Insuredls) are granted a Waiver of Subrogation where required by written contract, but only for liability arising out of the operations of the Named Insured as permitted by law. Umbrella/Excess policy is follow -form to the underlying policies. INSURER AFFORDING COVERAGE: QBE Specialty Insurance Company NAIC#: 11515 POLICY NUMBER: QPL3026198 EFF DATE: 09/30/2023 EXP DATE: 09/30/2024 TYPE OF INSURANCE: Professional Liability LIMIT DESCRIPTION: Each Claim/Aggregate SIR LIMIT AMOUNT: $2,000,000 $1,250,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 25434616 BATCH: 3333303 CERT: W32666623 POLICY NUMBER: CGA1407408 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Where required by written contract or agreement. Any and all locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after CO20101219 © Insurance Services Office, Inc., 2018 Page 1 of 2 1. All work: including materials, parts or 2. Available under the applicable limits of equipment furnished in connection with such insurance; work, on the project (other than service, maintenance or repairs) to be performed by or whichever is less. on behalf of the additional insured(s) at the This endorsement shall not increase the location of the covered operations has been applicable limits of insurance. completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER CGA1407408 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by written contract or agreement. Any and all locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 QBEO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - WAIVER OF SUBROGATION Name of Insured: Testing Holdings USA Inc. Policy Number: CGA1407408 Endorsement Number: GL-OC-2060 (08-20) Effective Date of Endorsement: 10/01/2023 Name of Insurer: QBE Insurance Corporation This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following to the end thereof: This condition does not apply to any person or organization to which you waived this condition by written contract or agreement, subject to the following additional provisions: The written contract or agreement containing such waiver must: 1. Be in effect during the policy period shown in the Declarations, and 2. Have been executed prior to the "bodily injury" or "property damage". All other terms and conditions of this Policy remain unchanged. GL-OC-2060 (08-20) a © QBE , 2020 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: BAP 7296414-03 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: TESTING HOLDINGS USA INC Endorsement Effective Date: 10-1-2023 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA20481013 © Insurance Services Office, Inc., 2011 Page 1 of 2 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 2 of 2 POLICY NUMBER: BAP 7296414-03 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: TESTING HOLDINGS USA INC Endorsement Effective Date: 10/1/2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHERE REQUIRED BY WRITTEN CONTRACT PROVIDED THAT SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule All persons and/or organizations that are required by written contract or agreement with the Insured, executed prior to the Accident or Loss, that Waiver of Subrogation be provided under this policy for work performed by you for that person and/or organization This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 10-1-23 Effective Policy No. WC 7296412-03 Insured Testing Holdings USA Inc Insurance Company American Zurich Insurance Company WC124 (4-84) WC 00 03 13 Endorsement No. Premium $ Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule All persons and/or organizations that are required by written contract or agreement with the Insured, executed prior to the Accident or Loss, that Waiver of Subrogation be provided under this policy for work performed by you for that person and/or organization This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 10-01-2023 Effective Policy No. WC 7296413-03 Insured Testing Holdings USA Inc Insurance Company Zurich American Insurance Company Endorsement No. Premium $ WC124 (4-84) Page 1 of 1 Copyright 1983 National Council on Compensation Insurance, Inc. ct F Entity Information Entity Name" Entity ID* PROFESSIONAL SERVICE @00030286 INDUSTRIES INC Contract Name* MATERIALS TESTING (2021-0958) BRIGGSDALE GRADER SHED Contract Status CTB REVIEW O New Entity? Contract ID 7811 Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Contract Description* MATERIAL TESTING FOR THE BRIGGSDALE GRADER SHED PROJECT Contract Description 2 Contract Type* CONTRACT Amount* $6,683.85 Renewable * NO Automatic Renewal Grant IGA Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 02/17/2024 GROUNDS 02/21/2024 Department Email CM- BuildingGrounds@weldgo Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2000096 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 Review Date" 12/02/2024 Committed Delivery Date Renewal Date Expiration Date* 12/02/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 02/16/2024 Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHRIS D'OVIDIO BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/15/2024 02/15/2024 02/16/2024 Final Approval BOCC Approved Tyler Ref # AG 022624 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 02/26/2024 lonivactlMt. 1Lld°I September 18, 2023 FACILITIES 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 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The original agreement permits additional services on an as needed basis. Weld County needs materials testing services for the new Facilities Building Expansion that will soon be under construction. The fee for the testing services is $7,294.35 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this contract in the amount of $7,294.35. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director con T..11-1- Pe-rdas 9/Z5/Z3 66, d.,g/07t:E::::46) qua -a3 Zo2o-0957 DeiC0Z2 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & PROFESSIONAL SERVICE INDUSTRIES INC MATERIALS TESTING SERVICES FACILITIES BUILDING PROJECT THIS AGREEMENT is made and entered into this aay of 5e olio& 2023 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 Professional Service Industries Inc. whose address is 1070 W. 124th Ave. Suite 800 Westminster, CO 80234, 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 A: 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 Exhibit A, of which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit A, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of Contractor's Response to County's Request. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. 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. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements 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 execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. 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 continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $7,294.35, which is the bid set forth in Exhibit A. 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. 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 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; $2,000,000 products & completed operations aggregate; $1,000,000 personal advertising injury 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, Weld County Director of Facilities. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Professional Service Industries Inc. Attn: Kyle R. Duitsman-PE Address: 1070 W. 124th Ave Suite 800 Address: Westminster, CO 80234 E-mail: kyle.duitsman@intertek.com Telephone: (303) 424-5578 County: Name: Toby Taylor Position: Director of Facilities Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttaylor@weldgov.com Telephone: 970-400-2021 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 Exhibit 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 Exhibit A, 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 EREOF, the parties hereto have signed this Agreement this day of , 202 CONTRACTOR: Profes� n l ice I dustries Inc. By: Name/ 'le Duitsman Title: Regional Director Date September 18, 2023 WELD TOE `,�,/ ;� ATTEST: ..� LD Weld C. t Clerk to the Bard BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy CI k to he Bo. / dike Freeman, Chair SEP 2 5 2023 intertek . PSI Exhibit A -Facilities Expansion Mr. Sterling Geesaman Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Re: Proposal for Construction Materials Testing and Inspection Services Weld County Facilities Expansion 1005 H Street Greeley, CO Proposal Number: 407793 September 8, 2023 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Dear Mr. Geesaman, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Facilities Expansion in Greeley, Colorado. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's understanding of the project is based on the civil drawings dated June 23, 2023 by 12 Consultants, architectural drawings dated July 21, 2023 by Cairn Design, and the structural drawings dated July 21, 2023 byJVA Consulting Engineers. Based on this information, PSI understands an expansion of the addition to the facility located at 1005 H Street in Greeley, Colorado is planned. The addition will have a footprint of approximately 12,400 square -feet and will be supported by a shallow foundation of wall and column footings with pilasters, stem walls, and a slab -on -grade floor. The addition will be a pre-engineered metal building. Associated site work will include new sanitary sewer, asphalt paving, and concrete sidewalk and drain pan. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection will be approximately $7,294.35. PSI proposes that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424- 5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jim Elhardt Department Manager Kyle R. Duitsman, P.E. Regional Director Attachments: Weld County Price Sheet www.intertek.com/building ie. Proposal Number: 407793 September 8, 2023 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: www.intertek.com/building Proposal Number: 407793 September 8, 2023 Page 3 FEES Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 2 0 $ 99.75 $ 199.50 b. Compaction tests (3 tests per trip) Trips 8 0 $ 151.20 $ 1,209.60 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 1 0 $ 151.20 $ 151.20 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips 6 0 $ 151.20 $ 907.20 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 151.20 $ www.intertek.com/building Proposal Number: 407793 September 8, 2023 Page 4 c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 1 0 $ 151.20 $ 151.20 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 8 0 $ 201.60 $ 1,612.80 b. Cylinder transportation perACl requirements Hourly 16 0 $ 50.40 $ 806.40 c. Structural Masonry inspections Hourly 0 0 $ 50.40 $ d. Masonry inspections EA 0 0 $ 50.40 $ e. Grout tests EA 0 0 $ 26.25 $ g. Mortar tests EA 0 0 $ 94.50 $ h. Prisms EA 0 0 $ 99.75 $ www.intertek.com/building Proposal Number: 407793 September 8, 2023 Page 5 5. Pre -Engineered Metal Building a. Welded and bolted connections Hourly 8 0 $ 78.75 $ 630.00 b. Steel inspector, Nondestructive testing Test 0 0 $ 78.75 $ 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 8 0 $ 50.40 $ 403.20 c. Gradation Test 1 0 $ 68.25 $ 68.25 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 20 0 $ 57.75 $ 1,155.00 Grand Total $ 7,294.35 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: www.intertek.com/building 5 % Per Year Page 1 of 3 ACD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/05/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMCONTACT Willis Tourers Watson Certificate Center E: Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd PHONE 1-877-945-7378 ra 1-888-467-2378 (AIC. No. ExU: (A/C, No): P.O. Box 305191 EESS: certificates@Willis.com ADDR-MAI Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE NAIL# INSURERA: Zurich American Insurance Company 16535 INSURED Testing Holdings USA Inc. INSURERS: American Guarantee and Liability Insurance 26247 INSURER C: American Zurich Insurance Company 40142 Intertek USA, Inc. dba Intertek Caleb Brett 200 Westlake Park Blvd. INSURER D: AIG Specialty Insurance Company 26883 Westlake Building 4, Suite 400 Houston, TX 77079 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 026271426 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) (MAY=I LIMITS X COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE LI OCCUR GLO 5415693-09 10/01/2022 10/01/2023 EACH OCCURRENCE $ 5,000,000 PREM SES(Ea occTurrDmce) $ 100,000 MED EXP (Any one person) $ 20,000 pERSONALB ADVINJURY $ 5,000,000 GENERAL AGGREGATE $ 10, 000, 000 GENII AGGREGATE LIMIT APPLIES PER: X POLICY PROT LOC JEC OTHER: PRODUCTS - COMP/OP AGG $ 5,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED XAUTOS ONLY HIRED X AUTOS ONLY SCHEDULED AUTOS NON -OWNED X AUTOS ONLY BAP 7296414-02 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ H X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE AUC5415694-09 10/01/2022 10/01/2023 EACH OCCURRENCE $ 6,000,000 AGGREGAT0 $ 6,000,000 $ DED I .I RETENTIONS 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY / N ANYPROP Itarf/PARTNER/EXECUTIVE \'''' OFFICER/MEMBEREXCWDED? No (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC 7296412-02 (AOS) 10/01/2022 10/01/2023 - X I STATUTE I i 2r E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Workers Compensation 6 Employers Liability Per Statute WC 7296413-02 (MA/WI) 10/01/2022 10/01/2023 EL Each Accident EL Disease - EA Empl.$1,000,000 EL Disease - Pol Lmt. $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) See next page for additional information: SEE ATTACHED CERTIFICATE HOLDER 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. Weld County Purchasing Department Christie M. Peters AUTHORIZED REPRESENTATIVE 1150 0 Street Greeley, CO 80631 , /�L\ w" �] ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD sx Io: 23165536 BATCH: 2694204 AGENCY CUSTOMER ID: LOC #: ACORO® ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY Willis Towers Watson Northeast, Inc. POLICY NUMBER See Page 1 CARRIER See Page 1 NAIL CODE See Page 1 NAMEDINSURED Testing Holdings USA Inc. Intertek USA, Inc. dba Intertek Caleb Brett 200 Westlake Park Blvd. Westlake Building 4, Suite 400 Houston, TX 77079 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insured includes: Testing Holdings USA Inc. Intertek USA, Inc. dba Intertek Caleb Brett dba Caleb Brett USA, Inc. dba Intertek Automotive Research dba Intertek Westport Technology Center dba American Analytical Chemistry Laboratories Corp dba Intertek AIM dba Intertek ATI Intertek International, Inc. Intertek USA Finance LLC Labtest International, Inc. dba Intertek Consumer Goods North America dba Intertek Sustainability Solutions Intertek Testing Services NA, Inc. Cantox U.S. Inc. Center for the Evaluation of Clean Energy Technology, Inc. H.P. White Laboratory, Inc. Mace Land Company, Inc. White Land Company, Inc. Entela Taiwan, Inc. Intertek Surveying Services (USA), LLC f/k/a Hi -Cad America, LLC Inspection Services (US) LLC Moody International Holdings, Inc. Intertek Resource Solutions, Inc. fka Moody International Americas, Inc. Intertek Technical Services, Inc fka Moody International, Inc. Intertek Consulting & Training (USA), Inc. Intertek Asset Integrity Management, Inc. f/k/a Moody International Asset Integrity Services, Inc. Hi -Tech Testing Service, Inc. Hi -Tech Holdings, Inc. Global X -Ray b Testing Corporation Global X -Ray Holdings, Inc. Architectural Testing, Inc. aka ATI dba Intertek - ATI Architectural Testing Holdings, Inc. MT Group, LLC dba Intertek-MT Materials Testing Lab, Inc. dba Intertek-MT MT Operating Group of NJ, LLC dba Intertek-MT MT Operating Group of NY, LLC dba Intertek-MT Acumen Security, LLC ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 23165536 BATCH: 2694204 CERT: 1.726271426 AGENCY CUSTOMER ID: LOC tt: ACORC, ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY Willis Towers Watson Northeast, Inc. POLICY NUMBER See Page 1 CARRIER See Page 1 NAIL CODE See Page 1 NAMED INSURED Testing Holdings USA Inc. Intertek USA, Inc. dba Intertek Caleb Brett 200 Westlake Park Blvd. Westlake Building 4, Suite 400 Houston, TX 77079 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Alchemy Investment Holdings, Inc. Alchemy Systems L.P. dba Catalyst Awareness, Inc. Alchemy Systems Training, Inc. Bigart Ecosystems, LLC dba Wisetail Angus Management, LLC SAI Global US Holdings, Inc. SAI Global GP SAI Global, Inc. Excel Partnership, Inc. ILI Infodisk, Inc. Hawks Acquisition Holdings, Inc. Clean Energy Associates LLC Weld County Purchasing Department is included as additional insured (except as respects all coverage afforded by the Workers' Compensation and Professional Liability policies) as required by written contract. Weld County Purchasing Department is/are included as Additional Insured (except as respects all coverage afforded by the Workers' Compensation and Professional Liability policies) and granted a Waiver of Subrogation as required by written contract. This insurance (except Workers' Compensation and Professional Liability) is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. INSURER AFFORDING COVERAGE: AIG Specialty Insurance Company NAIL#: 26883 POLICY NUMBER: CPO 16503597 EFF DATE: 10/01/2022 EXP DATE: 10/01/2023 TYPE OF INSURANCE: Contractor's Pollution ADDITIONAL REMARKS: Coverage A Each Loss $5,000,000 Coverage B Each Loss $5,000,000 Aggregate $10,000,000 LIMIT DESCRIPTION: Limit of Liability Deductible Each Loss LIMIT AMOUNT: See Attached $100,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 23165536 BATCH: 2694204 CERT: W26271426 tr ct Entity Information Entity Name * Entity ID PROFESSIONAL SERVICE @00030286 INDUSTRIES INC O New Entity? Contract Name* Contract ID FACILITIES EXPANSION MATERIALS TESTING (2020- 7409 0958) Contract Status CTB REVIEW Contract Description MATERIALS TESTING FOR THE FACILITIES EXPANSION Contract Description 2 Contract Type* CONTRACT Amount* $7,294.35 Renewable * NO Automatic Renewal Grant IGA Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;lredfern@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 09/23/2023 GROUNDS 09/27/2023 Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL EY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2000096 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 Review Date" 09/23/2024 Committed Delivery Date Renewal Date Expiration Date" 09/23/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 09/21/2023 Approval Process Department Head Finance Approver Legal Counsel TOBY TAYLOR CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/20/2023 09/20/2023 09/21/2023 Final Approval BOCC Approved Tyler Ref # AG 092523 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 09/25/2023 Con-waC+ I P±1- '1091 June 13, 2023 FACILITIES 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 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The original agreement permits additional services on an as needed basis. Weld County needs materials testing services for the new Southeast Annex Building that will be under construction in Ft. Lupton, CO. The fee for the testing services is $15,004.05 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this contract in the amount of $15,004.05. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director constn-I- A90,nd-P- x/5/23 /7/,-)=.21/45 26? -0-0953 Sc;10O Z7, AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & PROFESSIONAL SERVICE INDUSTRIES INC MATERIALS TESTING SERVICES SOUTHEAST ANNEX BUILDING PROJECT THIS AGREEMENT is made and entered into this 19th day of June , 2023, 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 Professional Service Industries Inc. whose address is 1070 W. 124th Ave. Suite 800 Westminster, CO 80234, 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 A: 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 Exhibit A, of which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit A, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of Contractor's Response to County's Request. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. 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. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements 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 execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. 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 02,0021) -09 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 continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $15,004.05, which is the bid set forth in Exhibit A. 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. 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 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; $2,000,000 products & completed operations aggregate; $1,000,000 personal advertising injury 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, Weld County Director of Facilities. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Professional Service Industries Inc. Attn: Kyle R. Duitsman-PE Address: 1070 W. 124th Ave Suite 800 Address: Westminster, CO 80234 E-mail: kyle.duitsman@intertek.com Telephone: (303) 424-5578 County: Name: Toby Taylor Position: Director of Facilities Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttaylor@weldgov.com Telephone: 970-400-2021 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 Exhibit 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 Exhibit A, 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 19th day of June , 2023. CONTRACTOR: Profes nlveice I dustries Inc. By: f Name le Duitsman Title: Regional Director Date June 19, 2023 WELD COU�Yt l ATTEST' i its Weld oonty Clerk to the BY: oard BOARD OF COUNTY COMMISSIONERS OUNTY, CO !,i; DO Deputy VJerk o the :f•�` �1�erry L. B k, Pro-Tem JUL 0 5 2023 020020 -oq�g Intertek PSI Exhibit A Mr. Sterling Geesaman Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Re: Proposal for Construction Materials Testing and Inspection Services Weld County Southeast Annex Building 41150 Tegan Avenue Ault, Colorado 80612 Proposal Number: 400801 May 26, 2023 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Dear Mr. Geesaman, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Southeast Annex Building in Fort Lupton, Colorado. PSI's project understanding is based on following information: • Architectural drawings dated March 19, 2023 by D2C Architects • Structural drawings dated March 29, 2023 by Corbel Engineering • Civil drawings dated May 19, 2023 by DBC • Technical Specifications dated February 24, 2023 by D2C Architects Based on this information, PSI understands a new annex building will be constructed at 2950 9th Street in Fort Lupton, Colorado. The building will have a footprint of approximately 16,128 square -feet and will be supported by a shallow foundation consisting of grade beams and column footings with pilasters and a slab -on -grade floor. Construction of the building will consist of structural steel, induding steel brace frames, cold formed steel framing, and steel decking. Associated site work will include new utilities, a trash enclosure, concrete and asphalt paving, and exterior concrete sidewalks, curb & gutters, valley pans, and pads. PSI assumes foundations and slabs will bear on undisturbed native soils and that pavement subgrades will be scarified, moisture -conditioned and recompacted, then proofrolled prior to paving. PSI proposes to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection will be approximately $15,004.05. PSI proposes that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424- 5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jim Elhardt Department Manager Attachments: Weld County Price Sheet www.intertek.com/building Kyle R. Duitsman, P.E. Regional Director - Rockies ie. Proposal Number: 400801 May 26, 2023 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: www.intertek.com/building • FEES Proposal Number: 400801 May 26, 2023 Page 3 Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 3 0 109.70 329.10 b. Moisture/Compaction testing (3 tests per trip) Trips 15 0 $ 166.30 $ 2,494.50 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 3 0 $ 166.30 $ 498.90 www.intertek.com/building in Proposal Number: 400801 May 26, 2023 Page 4 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips 5 0 $ 166.30 $ 831.50 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 166.30 $ c. Post installed adhesive anchors (Trip is based on 3 hours) Tri s p 0 0 $ 166.30 $ 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 15 0 $ 221.75 $ 3,326.25 b. Cylinder transportation per ACI requirements Hourly 20 0 $ 55.40 $ 1,108.00 www.intertek.com/building Proposal Number: 400801 May 26, 2023 Page 5 5. Structural steel welded a. Structural steel welded and bolted Hourly y 50 0 $ , 86.62 $ 4,331.00 b. Steel inspector, Nondestructive testing Test 0 0 86.62 $ 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 12 0 $ 55.40 $ 664.80 c. Gradation Test 2 0 75.00 150.00 7. Reports and engineering a. Reports and engineering review with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 20 0 $ 63.50 $ 1,270.00 Grand Total $ 15,004.05 www.intertek.com/building Page 1 0£ 3 AC 0® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/05/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson Northeast, Inc. 26 Century Blvd CONTACT Willis Towers Watson Certificate Center NAME: Tn. Ex„: 1-877-945-7378 IjaC,No): 1-888-467-2378 c/o P.O. Box 305191 ADDRE SS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Zurich American Insurance Company 16535 INSURED Testing Holdings USA Inc. iNSURERB: American Guarantee and Liability Insurance 26247 INSURER, American Zurich Insurance Company 40142 Intertek USA, Inc. dba Intertek Caleb Brett 200 Westlake Park Blvd. INSURERD: AIG Specialty Insurance Company 26883 Westlake Building 4, Suite 400 Houston, TX 77079 INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER: t126271426 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TV TYPE OF INSURANCE ADDL SUER INSR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMITITA YY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GLO 5415693-09 10/01/2022 10/01/2023 EACH OCCURRENCE $ 5,000,000 PREM SESO(Ea occur ence) $ 100,000 MED EXP (Any one person) $ 20,000 PERSONAL&ADVINJURY $ 5,000,000 GENERAL AGGREGATE $ 10, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PROT E LOC JEC OTHER: PRODUCTS - COMP/OP AGG $ 5,000,000 A AUTOMOBILE LIABILITY X ANY AUTO X OWNED AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED AUTOS X NON -OWNED AUTOS ONLY BAP 7296414-02 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Peraccident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE AUC5415694-09 10/01/2022 10/01/2023 EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 $ DED I X1 RETENTIONS 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIVBWARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? No (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC 7296412-02 (AOS) 10/01/2022 10/01/2023 X I STATUTE [ I EORH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Workers Compensation 6 Employers Liability Per Statute WC 7296413-02 (MA/WI) 10/01/2022 10/01/2023 EL Each Accident EL Disease - EA Ern,. EL Disease - Pol Lmt. $1,000,000 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) See next page for additional information: SEE ATTACHED CERTIFICATE HOLDER 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. Weld County Purchasing Department Christie M. Peters AUTHORIZEDREPRESENTATIVE O Street Greeley, CO 80631 Aka01150 \\ (,� L,..1 n.J ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD .In: 23165536 Saxcx: 2694204 AGENCY CUSTOMER ID: LOC #: ACORD ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY NAMEDINSURED Willie Towers Watson Northeast, Inc. Testing Holdings USA Inc. Intertek USA, Inc. dba Intertek Caleb Brett POLICY NUMBER 200 Westlake Park Blvd. See Page 1 Westlake Building 4, Suite 400 Houston, TX 77079 CARRIER NAIL CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insured includes: Testing Holdings USA Inc. Intertek USA, Inc. dba Intertek Caleb Brett dba Caleb Brett USA, Inc. dba Intertek Automotive Research dba Intertek Westport Technology Center dba American Analytical Chemistry Laboratories Corp dba Intertek AIM dba Intertek ATI Intertek International, Inc Intertek USA Finance LLC Labtest International, Inc. dba Intertek Consumer Goods North America dba Intertek Sustainability Solutions Intertek Testing Services NA, Inc. Cantox U.S. Inc. Center for the Evaluation of Clean Energy Technology, Inc. H.P. White Laboratory, Inc. Mace Land Company, Inc. White Land Company, Inc. Entela Taiwan, Inc. Intertek Surveying Services (USA), LLC f/k/a Hi -Cad America, LLC Inspection Services (US) LLC Moody International Holdings, Inc. Intertek Resource Solutions, Inc. fka Moody International Americas, Inc. Intertek Technical Services, Inc fka Moody International, Inc. Intertek Consulting & Training (USA), Inc. Intertek Asset Integrity Management, Inc. f/k/a Moody International Asset Integrity Services, Inc. Hi -Tech Testing Service, Inc. Hi -Tech Holdings, Inc. Global X -Ray b Testing Corporation Global X -Ray Holdings, Inc. Architectural Testing, Inc. aka ATI dba Intertek - ATI Architectural Testing Holdings, Inc. MT Group, LLC dba Intertek-MT Materials Testing Lab, Inc. dba Intertek-MT MT Operating Group of NJ, LLC dba Intertek-MT MT Operating Group of NY, LLC dba Intertek-MT Acumen Security, LLC ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 23165536 BATCH: 2694204 CERT: W26271426 AGENCY CUSTOMER ID: LOC H: AC D® ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY Willis Towers Watson Northeast, Inc. POLICY NUMBER See Page 1 CARRIER See Page 1 NAIL CODE See Page 1 NAMEDINSURED Testing Holdings USA Inc. Intertek USA, Inc. dba Intertek Caleb Brett 200 Westlake Park Blvd. Westlake Building 4, Suite 400 Houston, TX 77079 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Alchemy Investment Holdings, Inc. Alchemy Systems L.P. dba Catalyst Awareness, Inc. Alchemy Systems Training, Inc. Bigart Ecosystems, LLC dba Wisetail Angus Management, LLC SAI Global US Holdings, Inc. SAI Global GP SAI Global, Inc. Excel Partnership, Inc. ILI Infodisk, Inc. Hawks Acquisition Holdings, Inc. Clean Energy Associates LLC Weld County Purchasing Department is included as additional insured (except as respects all coverage afforded by the Workers' Compensation and Professional Liability policies) as required by written contract. Weld County Purchasing Department is/are included as Additional Insured (except as respects all coverage afforded by the Workers' Compensation and Professional Liability policies) and granted a Waiver of Subrogation as required by written contract. This insurance (except Workers' Compensation and Professional Liability) is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. INSURER AFFORDING COVERAGE: AIG Specialty Insurance Company POLICY NUMBER: CPO 16503597 EFF DATE: 10/01/2022 EXP DATE: 10/01/2023 TYPE OF INSURANCE: Contractor's Pollution ADDITIONAL REMARKS: Coverage A Each Loss $5,000,000 Coverage B Each Loss $5,000,000 Aggregate $10,000,000 LIMIT DESCRIPTION: Limit o£ Liability Deductible Each Loss LIMIT AMOUNT: See Attached $100,000 NAIC#: 26883 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 23165536 BATCH:2694204 CERT: W26271426 Contract Form New Contract Request Entity Information Entity Name" Entity ID" PROFESSIONAL SERVICE INDUSTRIES 720030286 INC Contract Name" MATERIALS TESTING (2020-0958) Contract Status CTB REVIEW ❑ New Entity? Contract ID 7097 Contract Lead SGEESAMAN Contract Lead Email sgeesamancOco.weld.co.us;I redfern8,weldgov.com Contract Description" MATERIALS TESTING FOR NEW CONSTRUCTION OF THE SOUTHEAST ANNEX BUILDING Contract Description 2 Contract Type CONTRACT Amount" S15,004.05 Renewable NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds,0weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead0 weldgov,corn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email C:M - COU NTYATTO RN EY 8-,WELDG OV.COM Requested BOCC Agenda Date 06.28 2023 Parent Contract ID Requires Board Approval YES Department Project f Due Date 06 24 2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFPat* B2000096 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 Review Date* 06,x03.'2024 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 06,03x2024 Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 06;`28; 2023 Approval Process Department Head TOBY TAYLOR DH Approved Date 06126;'2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07+05,2023 Originator SGEESAMAN Finance Approver CHERYL PATTELLI Legal Counsel ADRIA SCHIEL Finance Approved Date Legal Counsel Approved Date 06,=26!2023 06'27x2023 Tyler Ref AG 070523 Cun-FvQI1)# 0191 March 29, 2023 FACILITIESDEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Contract Extension/Renewal (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. in 2020 and identified fees by line item. The contract permits the option to extend the contract annually for up to three (3) additional years with an escalation rate of 5% per year. Weld County needs additional materials testing for various projects scheduled in 2023. The estimated fee for the testing services in 2023 is $13,000.00 using the 5% annual escalation on rates quoted in the original bid. Therefore, Facilities Department is recommending approval of this contract extension/renewal to Professional Service Industries Inc. If you have any questions, please contact meat extension 2023. Sincerely, Toby Taylor Director eo(an'I-Plehaa, 6uAo/23 �ZOZn-01 B60072 AMENDMENT #3 TO AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC This Amendment is made and entered into this 29th day of March , 2023, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as the "Department", and Professional Service Industries, 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. 2020-0958, approved on April 20, 2020. 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 April 20, 2023. The term is hereby extended for one year commencing on April 21, 2023 and ending on April 20, 2024. 2. Beginning on the first day of the new term, the 5% annual escalation pricing, detailed in the original contract, shall replace the current pricing. 3. 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: Kyle Duitsman Title: Regional Director ATTEST: ddif4A) m•4. Weld County Clerk to the Board BY: Deputy Clerk to the Board? Date March 29, 2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair APR 1 0 2023 Page 1of1 ,e,a?v-OT5c (1) ACORU) CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 DATE (MMIDD/YYYY) 10/05/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson Northeast, Inc. 26 Blvd NAMCONTACT Willis Towers Watson Certificate Center E: C No.E4: 1-877-945-7378 I(aC,No): 1-888-467-2378 c/o Century P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE NAILS INSURERA: Zurich American Insurance Company 16535 INSURED INSURER.: American Guarantee and Liability Insurance 26247 Testing Holdings USA Inc. Intertek USA, Inc. dba Intertek Caleb Brett INSURERC: American Zurich Insurance Company 40142 200 Westlake Park Blvd. INSURERD: JUG Specialty Insurance Company 26883 Westlake Building 4, Suite 400 Houston, TX 77079 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: W26271426 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TV TYPE OF INSURANCE ADDL SUER INSD WYD POLICYNUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/.ICDYAY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GLO 5415693-09 10/01/2022 10/01/2023 EACH OCCURRENCE $ 5,000,000 PREM SES Ea occurrence) $ 100,000 MED EXP (Any one person) $ 20,000 ocssosALBADVINJURY $ 5,000,000 GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ElPROT ElLOC JEC OTHER: PRODUCTS - COMP/OP AGG $ 5,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED X AUTOS ONLY HIRED X AUTOS ONLY SCHEDULED AUTOS NON riNED X AUTOS ONLY BAP 7296414-02 10/01/2022 10/01/2023 COMBIaccNED SINGLE LIMIT (Ea ident) ,000,000 $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Peracadeni) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAR EXCESSLIAB X OCCUR CLAIMS -MADE AUC5415694-09 10/01/2022 10/01/2023 EACH OCCURRENCE $ 6,000,000 A1G501ATE $ 6,000,000 $ DED I X I RETENTION $ 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPRO NBN'FAXRC EDRES SCUM' No OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC 7296412-02 (ADS) 10/01/2022 10/01/2023 X I STATUTE I I ERH E.L.EACHACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Workers Compensation 6 Employers Liability Per Statute WC 7296413-02 (147,1) 10/01/2022 10/01/2023 EL Each Accident EL Disease - EA Empl. EL Disease - Pol Lmt.$1,000,000 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) See next page for additional information: SEE ATTACHED CERTIFICATE HOLDER 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. Weld County Purchasing Department Christie M. Peters AUTHORIZEDREPRESENTATIVE 1150 O Street Greeley, CO 80631 (� L, ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD sR m: 23165536 Eimmi. 2694204 AGENCY CUSTOMER ID: LOC #: ACORO® ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY NAMEDINSURED Willis Towers Watson Northeast, Inc. Testing Holdings USA Inc. Intertek USA, Inc. dba Intertek Caleb Brett 200 Westlake Park Blvd. POLICY NUMBER See Page 1 Westlake Building 4, Suite 400 Houston, TX 77079 CARRIER NAIL CODE See Page 1 See Page 1 EFFECTS/EDS.:See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: certificate of Liability Insurance Named Insured includes: Testing Holdings USA Inc. Intertek USA, Inc. dba Intertek Caleb Brett dba Caleb Brett USA, Inc. dba Intertek Automotive Research dba Intertek Westport Technology Center dba American Analytical Chemistry Laboratories Corp dba Intertek AIM dba Intertek ATI Intertek International, Inc. Intertek USA Finance LLC Labtest International, Inc. dba Intertek Consumer Goods North America dba Intertek Sustainability Solutions Intertek Testing Services NA, Inc. Cantos U.S. Inc. Center for the Evaluation of Clean Energy Technology, Inc. H.P. White Laboratory, Inc. Mace Land Company, Inc. White Land Company, Inc. Entela Taiwan, Inc. Intertek Surveying Services (USA), LLC f/k/a Hi -Cad America, LLC Inspection Services (US) LLC Moody International Holdings, Inc. Intertek Resource Solutions, Inc. fka Moody International Americas, Inc. Intertek Technical Services, Inc fka Moody International, Inc. Intertek Consulting & Training (USA), Inc. Intertek Asset Integrity Management, Inc. f/k/a Moody International Asset Integrity Services, Inc. Hi -Tech Testing Service, Inc. Hi -Tech Holdings, Inc. Global X -Ray 6 Testing Corporation Global X -Ray Holdings, Inc. Architectural Testing, Inc. aka ATI dba Intertek - ATI Architectural Testing Holdings, MT Group, LLC dba Intertek-MT Materials Testing Lab, Inc. dba Intertek-MT MT Operating Group of NJ, LLC dba Intertek-MT MT Operating Group of NY, LLC dba Intertek-MT Acumen Security, LLC ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 23165536 BATCH: 2694204 CERT: W26271426 AGENCY CUSTOMER ID: LOC #: ACO DR ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY Willis Towers Watson Northeast, Inc. NAMEDINSURED Testing Holdings USA Inc. Intertek USA, Inc. dba Intertek Caleb Brett 200 Westlake Park Blvd. Westlake Building 4, Suite 400 Houston, TR 77079 POLICY NUMBER See Page 1 CARRIER See Page 1 NAIL CODE See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Alchemy Investment Holdings, Inc. Alchemy Systems L.P. dba Catalyst Awareness, Inc. Alchemy Systems Training, Inc. Bigart Ecosystems, LLC dba Wisetail Angus Management, LLC SAI Global US Holdings, Inc. SAI Global GP SAI Global, Inc. Excel Partnership, Inc. ILI Infodisk, Inc. Hawks Acquisition Holdings, Inc. Clean Energy Associates LLC Weld County Purchasing Department is included as additional insured (except as respects all coverage afforded by the Workers' Compensation and Professional Liability policies) as required by written contract. Weld County Purchasing Department is/are included as Additional Insured (except as respects all coverage afforded by the Workers' Compensation and Professional Liability policies) and granted a Waiver of Subrogation as required by written contract. This insurance (except Workers' Compensation and Professional Liability) is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. INSURER AFFORDING COVERAGE: AIG Specialty Insurance Company POLICY NUMBER: CPO 16503597 EFF DATE: 10/01/2022 EXP DATE: 10/01/2023 TYPE OF INSURANCE: Contractor's Pollution ADDITIONAL REMARKS: Coverage A Each Loss $5,000,000 Coverage B Each Loss $5,000,000 Aggregate $10,000,000 LIMIT DESCRIPTION: Limit of Liability Deductible Each Loss LIMIT AMOUNT: See Attached $100,000 NAIC#: 26883 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 23165536 BATCH: 2694204 CERT: W26271426 Contract Form New Contract Request Entity Information Entity Name* Entity ID* PROFESSIONAL SERVICE INDUSTRIES P00030286 INC Contract Name* MATERIALS TESTING RENEWAL (2020-0956) Contract States CTB REVIEW Contract Description* 2023 MATERIALS TESTING RENEWAL 5% ESCALATION Contract Description 2 Contract Type* RENEWAL Amount* $13,000.00 Re NO Automatic Renewal Grant If this is a renewal r[rnent BUILDINGS AND GROUNDS Dej CM- ButldingGroundsB um Does Contract require Purchasing Head Email YES. CM-BuildingGr ounds- DeptHead Weld Bid f RFP #* 52000096 Email Contract 1D 6799 Contract Lead* SGEESAMAN ❑ New Entity? Parent Contract Ia Requires Board Approval YES Contract Lead Email De sgeesarnatR cu.weld.co.us;I redfern@weldgov.com Requested ICC Agenda Date' 04)10/2023 Due Date 04106/2023 Will a work session C be required?* v.c NO County Attorney GENERAL COUNTY ATTORNEY EMAIL County,. CM- COUNTYATTORNEYgWELDC OV.COM tract I[ 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 03/04;2024 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date. 04,15/2024 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 04/04/2023 Approval Process Department Head TOBY TAYLOR OH Approved Date 04/03/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/10/2023 Originator SGEESAMAN Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 04:/0312023 04/04/2023 Tyler Ref # AG 041023 Con-Ivac+ 11*(11z3 February 27, 2023 FACILITIES 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 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Change Order 13 (2020-0958) P.O. 2200813 The materials testing for the 1400-1402 Parking Lot, currently under construction, was approved in November 2022. Additional necessary materials testing services were performed that were not part of the original agreement. The fee for the additional materials testing services is $2,836.90 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this change order in the amount of $2,836.90. If you have any questions, please contact meat extension 2023. Sincerely, Toby Taylor Director Conxtri-Nehda Q3 /13/Z3 e&cto 3//3/02.6 2020 -0958` BC UOZZ CHANGE ORDER #13 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC. Date: February 27, 2023 Original Agreement: Weld County document no. 2020-0958/P.O. 2200813 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 3,576.10 Original Purchase Order Amount (P2200813) $ 0.00 Previously Approved Change order(s) Amount $ 2,836.90 Current Change Order Amount $ 6,413.00 New Purchase Order Total 4. All other terms and conditions of the Original Purchase Order remain unchanged. CONTRACTOR: By: Name: 'Kyle Duitsman Title: Regional Director ATTEST: `W..+i°-'x'44 Weld Ct my Clerk to the B• . r BY: Deputy C rk to he B I! 1 Date February 27, 2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ri(14-(3,e, Mike Freeman, Chair Page 1of1 MAR 1 3 2323 ato.Zo-D �� intertek PSI February 23, 2023 Intertek-PSI Tel +1 303-424-5578 1070 West 124th Ave. Suite 800 Fax+1 303-423-5625 Westminster, CO 80123 intertek.com/building Exhibit A: Change Order # 13/ Additional Services 1400-1402 Mr. Sterling Geesaman Parking Lot Weld County - Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Reference: Change Order Request #1 Weld County Planning Parking Lot 1400-1402 N 17th ave Greeley, Colorado 80631 PSI Project 05322563 Dear Mr. Geesaman, Professional Service Industries, Inc. (PSI), an Intertek company, is providing construction materials testing and inspection services for the Weld County Planning Parking Lot project in Greeley, Colorado. These services are being performed in accordance with the Consultant Agreement dated October 25, 2022. PSI provided an estimate of testing and inspection quantities in our original proposal, which was based on the construction documents provided and our experience with similar projects. Due to the number of times PSI has been requested on -site for construction materials testing and inspections, we have exceeded the approved budget amount. PSI has been requested on -site for several additional trips for soils testing and for work which was cancelled or not ready at the requested time. On 3 occasion, PSI has been requested on site for soils testing and work was cancelled on site due to it not being ready. On every day of soils testing, except for one, we were scheduled for 2 trips. There were 8 days of soils testing, and 15 total trips. This was 9 more than originally proposed. The project required 2 more concrete tests than originally proposed. The project has required 4 more hours of cylinder transportation, due to the extra cylinder sets, than originally proposed. The approved budget for construction materials testing and inspections is $3,576.10. Due to the additional number of hours PSI has been requested on site, PSI is requesting an additional $2,836.90, for a new contract amount of $6,413.00 to continue our services on this project. Please see the attached breakdown for details. PSI appreciates the opportunity to work with you on this project. If you have any questions concerning our request, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Thomas Buck Senior Project Consultant Thomas.Buck@Intertek.com in V Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 1 104.50 104.50 b. Compaction tests (3 tests per trip) Trips 15 $ 158.40 $ 2,376.00 ON -SITE CANCELLATION Trips 3 158.40 475.20 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips p 0 $ 158.40 $ 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips p 0 $ 158.40 $ in v b. Post -installed expansion anchors (Trip is $ $ based on 3 hours) Tri s p 0 158.40 c. Post installed adhesive anchors (Trip is based on 3 hours) Trips p 0 $ 158.40 $ 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 5 $ 211.20 $ 1,056.00 b. Cylinder transportation per ACI requirements Hourly 10 $ 52.80 $ 528.00 c. Structural Masonry inspections Hourly 0 52.80 $ d. Masonry inspections EA 0 52.80 $ e. Grout tests EA 0 27.50 $ g. Mortar tests EA 0 99.00 $ h. Prisms EA 0 $ 104.50 $ in v 5. Structural steel welded a. Structural steel welded and bolted connections Hourly 0 $ 82.50 $ b. Steel inspector, Nondestructive testing Test 0 $ 82.50 $ 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 16 $ 52.80 $ 844.80 c. Gradation Test 0 71.50 $ 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 17 $ 60.50 $ 1028.50 Grand Total $ 6,413.00 Contract Form e4W Entity Name* Entity ID* PROFESSIONAL SERVICE INDUSTRIES 1800030286 INC Contract Name* MATERIALS TESTING (2020-0958) Contract Status CTB REVIEW ❑ New Entity? Contract ID 6723 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Contract Description* CHANGE ORDER # 13 -ADDITIONAL SERVICES 1400-1402 PARKING LOT P.O. 2200813 Contract Description 2 Contract Type* CHANGE ORDER Amount* $2,836.90 Renewable* NO Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 03104/2023 03/08/2023 Department Email CM- BuildingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- De ptHead @weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- CDU NTYATTORN EYOWELDG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept to be included? YES Bid/RFP #* 82000096 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 Effective Date Review Date. 05/01/2023 Renewal Date Termination Notice Period CO1 #aCt Into Contact Name Purchasing Approver CHRISTIE PETERS pro Department Head TOBY TAYLOR DH Approved Date 03/06/2023 BUCC Sgned Date B©CC Agenda Date 03/13/2023 Originator SGEESAMAN Contact Type Committed Delivery Date Contact Email Finance Approver CHERYL PATTELLI Expiration Date* 05/01/2023 Contact Phone 1 Purchasing Approved Date 03/06/2023 Finance Approved Date 03106/2023 Tyler Ref # AG 031323 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 03 /06/2023 Conk -t 114 (D-1 ZZ February 27, 2023 FACILITIES 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 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Change Order 12 (2020-0958) P.O. 2200478 The materials testing for the Fuel Dispenser Island, currently under construction, was approved in June 2022. Additional necessary materials testing services were performed that were not part of the original agreement. The fee for the additional materials testing services is $817.50 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this change order in the amount of $817.50. If you have any questions, please contact meat extension 2023. Sincerely, Toby Taylor Director Con sen0 / /Olo/Z5 e ee.P Or - 3//G.2,3 LbZO-0q5$ ,C-��I�ZZ CHANGE ORDER #12 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC. Date: February 27, 2023 Original Agreement: Weld County document no. 2020-0958/P.O. 2200478 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 3,402.00 Original Purchase Order Amount (P2200478) $ 0.00 Previously Approved Change order(s) Amount $ 817.50 Current Change Order Amount $ 4,219.50 New Purchase Order Total 4. All other terms and conditions of the Original Purchase Order remain unchanged. CONTRACTOR: By: /6/ne,_ Name: Kyle Duitsman Title: Regional Director ATTEST: ddrAtAi v• `•ok. Weld CoClerk to the Boa BY: Deputy Clergy oth B Date February 27, 2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Page 1of1 ike Freeman, Chair MAR 0 6 2323 ��L9 intertek , PSI February 23, 2023 Intertek-PSI 1070 West 124th Ave. Suite 800 Westminster, CO 80123 Exhibit A: Change Order #12 Additional Services Fuel Dispenser Island Mr. Sterling Geesaman Weld County - Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Reference: Change Order Request #1 Weld County Fuel Dispensing 1113 H Street Greeley, Colorado 80631 PSI Project 05322489 Dear Mr. Geesaman, Tel +1303-424-5578 Fax +1 303-423-5625 intertek.com/building Professional Service Industries, Inc. (PSI), an Intertek company, is providing construction materials testing and inspection services for the Weld County Fuel Dispensing project in Greeley, Colorado. These services are being performed in accordance with the Consultant Agreement dated May 26, 2022. PSI provided an estimate of testing and inspection quantities in our original proposal, which was based on the construction documents provided and our experience with similar projects. During construction, the number of times PSI was requested on site exceeded our estimations. PSI was requested on -site for several more concrete tests than estimated and for work which was cancelled on arrival for not being ready at the requested time. • On 1 occasion PSI was requested on site to test concrete which was cancelled on site due to not being ready. • PSI was requested for 5 more concrete tests than estimated. • Due to the additional concrete testing requested, additional trips for cylinder transportation per ACI requirements were needed. The approved budget for construction materials testing and inspections is $3,402. Due to the additional number of hours PSI has been requested on site and on -site cancellation, PSI is requesting an additional $817.50 for a new contract amount of $4,219.50 to continue our services on this project. Please see the attached breakdown of actual services provided to - date. PSI appreciates the opportunity to work with you on this project. If you have any questions concerning our request, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. 1/149wLeft9— Thomas Buck Senior Project Consultant Thomas.Buck@Intertek.com ie. le FEES Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 0 0 104.50 $ b. Compaction tests (3 tests per trip) Trips 0 0 158.40 $ 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips p 0 0 $ 158.40 $ 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips p 0 0 $ 158.40 $ in b. Post -installed expansion anchors (Trip is based on 3 hours) Tri s p 0 0 $ 158.40 $ c. Post installed adhesive anchors (Trip is based on 3 hours) Tri s p 0 0 $ 158.40 $ 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 9 0 $ 211.20 $ 1,900.80 ON -SITE CANCELLATION Tests 1 0 $ 212.20 $ 212.20 b. Cylinder transportation per ACI requirements Hourly 25 0 $ 52.80 $ 1,320.00 c. Structural Masonry inspections Hourly 0 0 52.80 d. Masonry inspections EA 0 0 $ 52.80 $ e. Grout tests EA 0 0 27.50 $ g. Mortar tests EA 0 0 99.00 $ h. Prisms EA 0 0 104.50 $ 5. Structural steel welded a. Structural steel welded and bolted Hourly y 0 0 $ 82.50 $ b. Steel inspector, Nondestructive testing Test 0 0 82.50 $ 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 0 0 52.80 $ c. Gradation Test 0 0 71.50 $ 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 13 0 $ 60.50 $ 786.50 Grand Total $ 4,219.50 Contract Form aew Contract Request Entity Information Entity Name* Entity ID PROFESSIONAL SERVICE INDUSTRIES '00030286 INC Contract Name* MATERIALS TESTING SERVICES (2020-0958) Contract Status CTB REVIEW ❑ New Entity? Contract ID 6722 Contract Lead* SGEESAMAN Contract Lead Email sgeesamanAco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project Contract Description* CHANGE ORDER # 12- P2200478 ADDITIONAL SERVICES FOR THE FUEL DISPENSING ISLAND SITE Contract Description 2 Contract Type* CHANGE ORDER Amount $817.50 Renewable* NO Automatic Renewal Grant Department Requested BOCC Agenda. Due Date BUILDINGS AND GROUNDS Date* 03,04,/2023 03/08/2023 Department Email CM- BuildingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead@weIdgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYOMf IELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a NSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid /RFP # 02000096 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnRase Cor Effective Date Review Date 05/01/2023 Renewal Date Termination Notice Period Contact Informatii Contact Info Purchasing Purchasing Approver CHRISTIE PETERS Approval Process Department Head TOBY TAYLOR DH Approved Date 0228/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03106,2023 Originator SGEESAMAN Committed Delivery Date Expiration Date* 05/01;2023 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Finance Approver CHERYL PATTELLI Purchasing Approved Date 03/02x'2023 Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 03/0112023 03;0212023 Tyler Ref # AG 030623 December 12, 2022 ConkYac-h 11314 U5-11 FACILITIES 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 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Change Order 11 (2020-0958) P.O. 2200331 The materials testing for the new Ault Grader Shed, currently under construction, was approved in March 2022. Additional necessary materials testing services were performed that were not part of the original agreement. The fee for the additional materials testing services is $6,186.00 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this change order in the amount of $6,186.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director CAnwn-1-190),endo- �) 202o-o°ISg IZ/2Fj/ZZ iaktp/aa Bei 0623 CHANGE ORDER #11 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC. Date: December 12, 2022 Original Agreement: Weld County document no. 2020-0958/P.O. 2200331 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 4079.00 Original Purchase Order Amount (P2200331) $ 0.00 Previously Approved Change order(s) Amount $ 6,186.00 Current Change Order Amount $ 10,265.00 New Purchase Order Total 4. All other terms and conditions of the Original Purchase Order remain unchanged. CONTRACTOR: By: //oen„,-- Name: Kyle Duitsman Title: Regional Director ATTEST: defelts/V ;11 Weld C, u ty Clerk to the :oard BY: _ LL.A, .11� l ll:�i: . Deputy CI I to the : P: Date December 13, 2022 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO c8tt K. James, Chair DEC 2 8 2422 X020 09.x? Page 1 of 1 Intertek . Psi Intertek-PSI Tel +1303-424-5578 1070 West 124" Ave. Suite 800 Fax+1 303-423-5625 Westminster, CO 80123 intertek.com/building December 9, 2022 Exhibit A: Additional Services/ Ault Grader Shed Mr. Sterling Geesaman Weld County - Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Reference: Change Order Request #1 Weld County Ault Grader Shed 41150 Tegan Avenue Ault, Colorado 80612 PSI Project 05322515 Dear Mr. Geesaman, Professional Service Industries, Inc. (PSI), an Intertek company, is providing construction materials testing and inspection services for the Weld County Ault Grader Shed project in Ault, Colorado. These services are being performed in accordance with the Consultant Agreement dated March 23, 2022. PSI provided an estimate of testing and inspection quantities in our original proposal, which was based on the construction documents provided and our experience with similar projects. Due to the number of times PSI has been requested on -site for construction materials testing and inspections, we have exceeded the approved budget amount. PSI has been requested on -site several times for work which was cancelled or not ready at the requested time, or was failing and required reinspection. PSI was also requested to perform observation of installed insulation in the building and an observation on the coupling of a utility pipe, which were not included in our original proposal. The approved budget for construction materials testing and inspections is $4,079. Due to the additional number of hours PSI has been requested on site, including out of scope work, and cancellations/delays, PSI is requesting an additional $6,186, for a new contract amount of $10,265 to continue our services on this project. Please see the attached breakdown for details. PSI appreciates the opportunity to work with you on this project. If you have any questions concerning our request, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Thomas Buck Senior Project Consultant Thomas.Buck@Intertek.com On 8 occasions, PSI has been requested on site for soils work that was not ready, delayed, cancelled, or failing and requiring a reinspection. On 3 occasions, PSI has been requested on site to inspect the structural bolting of the building, and the work was in progress/not completed, requiring additional trips for reinspection. On 1 occasion, PSI has been requested on site to test concrete and work was cancelled on site due to it not being ready. On 2 occasions, PSI has been requested on site for observations which were not included in our original estimate. The project has also required 4 more concrete tests than originally proposed due to the the building slab having 3 different pours, and 3 pours required at the west entrance. The project has needed one additonal proctor test than originally proposed. There are two future trips anticipated for a cylinder pickup and for soils testing. Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 2 0 $ 95.00 $ 190.00 b. Compaction tests (3 tests per trip) Trips 16 0 $ 144.00 $ 2,304.00 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ 0 v 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips 6 0 $ 144.00 $ 864.00 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 12 0 $ 192.00 $ 2,304.00 b. Cylinder transportation per ACI requirements Hourly 28 0 $ 48.00 $ 1,344.00 c. Out of Scope inspections Hourly 8 0 $ 48.00 $ 384 d. Masonry inspections EA 0 0 $ 48.00 $ in v e. Grout tests EA 0 0 $ 25.00 $ g. Mortar tests EA 0 0 $ 90.00 $ h. Prisms EA 0 0 $ 95.00 $ 5. Structural steel welded a. Structural steel welded and bolted connections Hourly 20 0 $ 75.00 $ 1,500.00 b. Steel inspector, Nondestructive testing Test 0 0 $ 75.00 $ 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 0 0 $ 48.00 $ c. Gradation Test 0 0 $ 65.00 $ 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 25 0 $ 55.00 $ 1,375.00 Grand Total $ 10, 265.00 Contract Form New Contract Request Entity Information Entity Name' Entity ID* PROFESSIONAL SERVICE INDUSTRIES P00030286 INC Contract Name" MATERIALS TESTING (2020-0958) P2200331 Contract Status CTB REVIEW Contract Description. ADDITIONAL SERVICES/ AULT GRADER SHED Contract Description 2 Contract Type CHANGE ORDER Amount 86,1 86.00 Renewable NO Automatic Renewal Grant IGA ❑ New Entity? Contract ID 6571 Contract Lead. SGEESAMAN Contract Lead Email sgeesarnangco.weld.co.us Parent Contract ID Requires Board YES De Department Requested 13OCC Agenda Due Date BUILDINGS AND GROUNDS Date* 12`24.2022 1 2 /2812022 Department Email CM- BuildingGrounds0eldgov.c om Department Head Email CM-BuildingGrounds- DeptHeadiAveldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY:TWELDG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 02000096 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 OnRase Contract Dates Effective Date Review Date. 03:29/2023 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date 03/29/'2023 Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date CHRISTIE PETERS 1 2/ 19:2022 Approval Process Department Head TOBY TAYLOR DH Approved Date 12,14/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12;28;2022 Originator SGEESAMAN Finance Approver CHERYL PATTELLI Legal Counsel MATTHEW CONROY Finance Approved Date Legal Counsel Approved Date 12,14/2022 12'19,2022 Tyler Ref AG 122822 October 25, 2022 rs+`a c+ '-r13 O # Co-1afl) FACILITIES 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 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The original agreement permits additional services on an as needed basis. Weld County needs materials testing services for the new parking lot under construction at 1400-1402 N 17th Ave. The fee for the testing services is $3,576.10 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this contract in the amount of $3,576.10. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Once,-+ Amid& 11101fa'D 66) t//o7/,2A ooao-cotes- b,00aa AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & PROFESSIONAL SERVICE INDUSTRIES INC MATERIALS TESTING SERVICES 1400-1402 17TH AVE PARKING LOT -+h THIS AGREEMENT is made and entered into this 1 I day of novembe r', 2022, 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 Professional Service Industries Inc. whose address is 1070 W. 124th Ave. Suite 800 Westminster, CO 80234, 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 A: 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 Exhibit A, of which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit A, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of Contractor's Response to County's Request. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. 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. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements 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 execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. 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 02O czo -OW 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 continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $3,576.10, which is the bid set forth in Exhibit A. 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. 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 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 aggegate; $2,000,000 products & completed operations aggregate; $1,000,000 personal advertising injury 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, Weld County Director of Facilities. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Professional Service Industries Inc. Attn: Kyle R. Duitsman-PE Address: 1070 W. 124th Ave Suite 800 Address: Westminster, CO 80234 E-mail: kyle.duitsman@intertek.com Telephone: (303) 424-5578 County: Name: Toby Taylor Position: Director of Facilities Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttaylor@weldgov.com Telephone: 970-400-2021 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 Exhibit 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 Exhibit A, 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 25th day of October , 2022, CONTRACTOR: Profes rice dustries Inc. By:Nam e Duitsman Title: Regional Director Date October 25, 2022 WELD CO,J♦eA .� ATTES ® .. ��./• Weld o ty Clerk to the oard BY: BOARD OF COUNTY COMMISSIONERS W/LD COUNTY, COLORADO Deputy j rk to the Scott K. James, Chair NOV 0 7 2923 020 - 952 intertek psi Exhibit A: 1400-1402 Parking Lot Mr. Sterling Geesaman Weld County - Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Re: Proposal for Construction Materials Testing and Inspection Services Weld County Parking Lot Revision 1400 N 17th Avenue Greeley, Colorado Proposal Number: 384982 October 19, 2022 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Dear Mr. Geesaman, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Parking Lot Revision project in Greeley, CO. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's understanding of the project is based on the information provided on October 10, 2022, which included civil drawings dated January 5, 2022 by Wernsman Engineering and Land Development, and Pavement Design Recommendations dated December 20, 2021. Based on this information, PSI understands the project will consist of the removal and replacement of approximately 65,500 square feet of asphalt pavement, 125 linear feet of concrete curb & gutter, and 10 linear feet concrete of sidewalk. Per the pavement design recommendations provided, pavement subgrades should be scarified 12 -inches, moisture -conditioned and recompacted. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection will be approximately $3,576.10. PSI proposes that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424- 5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jim Elhardt Department Manager Attachments: Weld County Price Sheet Kyle R. Duitsman, P.E. Regional Director - Rockies www.intertek.com/building Proposal Number: 384982 October 19, 2022 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: www.intertek.com/building • FEES Proposal Number: 384982 October 19, 2022 Page 3 Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 1 0 $ 104.50 $ 104.50 b. Compaction tests (3 tests per trip) Trips 6 0 $ 158.40 $ 950.40 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 0 0 $ 158.40 $ 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips 0 0 $ 158.40 $ b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 158.40 $ c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 158.40 www.intertek.com/building Proposal Number: 384982 October 19, 2022 Page 4 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 3 0 $ 211.20 $ 633.60 b. Cylinder transportation perACl requirements Hourly 6 0 $ 52.80 $ 316.80 c. Structural Masonry inspections Hourly 0 0 $ 52.80 $ d. Masonry inspections EA 0 0 $ 52.80 $ e. Grout tests EA 0 0 $ 27.50 $ g. Mortar tests EA 0 0 $ 99.00 $ h. Prisms EA 0 0 $ 104.50 $ 5. Structural steel welded a. Structural steel welded and bolted connections Hourly 0 0 $ 82.50 $ b. Steel inspector, Nondestructive testing Test 0 0 $ 82.50 $ www.intertek.com/building Proposal Number: 384982 October 19, 2022 Page 5 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 16 0 $ 52.80 $ 844.80 c. Gradation Test 0 0 $ 71.50 $ 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 12 0 $ 60.50 $ 726.00 Grand Total $ 3,576.10 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: www.intertek.com/building 5 % Per Year Contract Form New Contract Request Entity Information Entity Name* Entity ID* PROFESSIONAL SERVICE INDUSTRIES 300030286 INC Contract Name* 1400-1402 PARKING LOT MATERIALS TESTING Contract Status CTB REVIEW ❑ New Entity? Contract ID 6420 Contract Lead* SGEESAMAN Contract Lead Email sgeesamani3%co,weld.co.us Contract Description 3RD PARTY MATERIALS TESTING AT THE 1400-1402 PARKING LOT Contract Description 2 Contract Type* CONTRACT Amount* $3,576.10 Renewable* NO Automatic Renewal Grant IGA Parent Contract ID Requires Board Approval YES Department Project I Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 10, 29 2022 11102:2022 Department Email C:M- BuildingGrounds.Aweld0ov.c om Department Head Email CM-BuildingGrouods- oeptHeadgweldgav,com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATT O RN EYTVW�EL DG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO 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 Ontase Contract Dates Effective Date Review Date. 12 26, 2022 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 12 26;2022 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TAYLOR DH Approved Date 102502022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 1 1 ;`02 2022 Originator SGEESAMAN Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 10O6,'2022 10 28.'2022 Tyler Ref # AG 110722 Con-hvoc-I- 11)4 5q Iq FACILITIES 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 May 31, 2022 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Change Order 9 (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The contract permits additional services through a change order on an as needed basis. Weld County needs materials testing services for the new Fuel Dispensing Island under construction. The fee for the additional testing services is $3,402.30 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this change order in the amount of $3,402.30. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director �on�}0A46-te.ecig&) Oloi0MZ G/��aa tow -u))58' 8et.00Z2 Date: CHANGE ORDER #9 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC. May 31, 2022 Original Agreement: Weld County document no. 2020-0958 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 12,158.00 Original Contract Amount $ 77,838.70 Previously Approved Change order(s) Amount $ 3,402.30 Current Change Order Amount $ 93,399.00 New Contract Total 4. All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: Q Name: yle Duitsman Title: Regional Director ATTEST: diii1J v• .-C tw4. Weld Cocul ty Clerk to the Bo: rd i BY: Date May 31, 2022 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO eff\S-L3-te.,_ Deputy CI :f to hMike Freeman, Pro-Tem Page 1 of 1 JUN 0 8 2022. Qao- o9 f intertek • PSI Exhibit A -Change Order # 9 Mr. Sterling Geesaman Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Re: Proposal for Construction Materials Testing and Inspection Services Weld County Fuel Dispensing Facility 1113 H Street Greeley, Colorado Proposal Number: 374647 May 26, 2022 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Dear Mr. Geesaman, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County New Fuel Dispensing Facility project in Greeley, CO. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's understanding of the project is based on the information provided on May 2, 2022, which included civil drawings dated August 14, 2021 by Wernsman Engineering and Land Development, and structural drawings dated September 23, 2021 by Galloway. Based on this information, PSI understands the project will consist of the construction of a new fuel dispensing building and new concrete paving. The building will have a footprint of 240 square -feet and will be supported by a shallow spread footing foundation. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection will be approximately $3,402.30. PSI proposes that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424- 5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jim Elhardt Department Manager Attachments: Weld County Price Sheet Kyle R. Duitsman, P.E. Regional Director - Rockies www.intertek.com/building Proposal Number: 374647 May 26, 2022 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION 1. Project Name: 2. Project Location: 3. Your Job No.: Purchase Order No: 4. Project Manager: Telephone No: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: 6. Invoicing Address: Attn: 7. Site Contact S. Other pertinent information: Telephone No: www.intertek.com/building Proposal Number: 374647 May 26, 2022 Page 3 FEES Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 1 0 $ 104.50 $ 104.50 b. Compaction tests (3 tests per trip) Tri s p 3 0 $ 158.40 $ 475.20 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips p 1 0 $ 158.40 $ 158.40 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips p 4 0 $ 158.40 $ 633.60 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips p 0 0 $ 158.40 $ - c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 1 0 $ 158.40 $ 158.40 www.intertek.com/building in a Proposal Number: 374647 May 26, 2022 Page 4 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 4 0 $ 211.20 $ 844.80 b. Cylinder transportation per ACI requirements Hourly 8 0 $ 52.80 $ 422.40 c. Structural Masonry inspections Hourly 0 0 $ 52.80 $ d. Masonry inspections EA 0 0 52.80 $ e. Grout tests EA 0 0 $ 27.50$ $ - g. Mortar tests EA 0 0 99 .00 $ h. Prisms EA 0 0 $ 104.50 $ www.intertek.com/building Proposal Number: 374647 May 26, 2022 Page 5 5. Structural steel welded a. Structural steel welded and bolted connections Hourly 0 0 $ 82.50 $ - b. Steel inspector, Nondestructive testing Test 0 0 $ 82.50 $ - 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 0 0 $ 52.80 $ c. Gradation Test 0 0 71.50 $ - 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 10 0 $ 60.50 $ 605.00 Grand Total $ 3,402.30 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: www.intertek.com/building 5 % Per Year Contract Form New Contract Request n Entity Name* PROFESSIONAL SERVICE INDUSTRIES INC Contract Name * MATERIALS TESTING (2020-0958) Contract Status CTB REVIEW Entity ID* '0003©286 Contract ID 5919 Contract Lead* SGEESAMAN Contract Lead Email sgeesarnangco,weld.co.us Contract Description* MATERIALS TESTING CHANGE ORDER # 9 FUEL DISPENSING ISLAND Contract Description 2 Contract Type* CHANGE ORDER Amount* $3,402.30 Renewable* NO Automatic Renewal IGA Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 06,''04'2022 06,`08. 2022 Department Email CM- BuildingGroundsDweldgov.c om Does Contract require Purchasing Dept. to be included? Department Head Email YES CM-BuildingGrounds- DeptHeadWuveldgov.com Bid/RFF#* 82000096 Will a work session with BOCC be required?* NO County Attorney GENERAL COUNTY A 1 I ORNEY EMAIL County Attorney Email CM- COUNTYAIIORNEY 'IVELDG OV.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 OnBase Contract Dates Effective Date Review Date* 12'26,='2022 Renewal Date Termination Notice Period Contact info Contact Name Purchasing Purchasing Approver CHERYL PATTELLI Approval Proce Department H TOBY TAYLOR DH Approved Date 05/3112022 Final Approval it Appr BOCC Signed Date BOCC Agenda Date 06'08)2022 Originator SGEESAMAN Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PA I I ELLI Expiration Date* 12'26,2022 Contact Phone 1 Contact Phone 2 Purchasing 06.02!2022 Finance Approved Date 06)01;2022 Tyler Ref I AG 060822 d Date Legal Counsel BRUCE BARKER egal Counsel Approved Date 6r'02,`2022 Corfrad itie FACILITIESDEPARTM ENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 April 4, 2022 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Contract Extension/Renewal (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. in 2020 and identified fees by line item. The contract permits the option to extend the contract annually for up to three (3) additional years with an escalation rate of 5% per year. Weld County needs additional materials testing for various projects scheduled in 2022. The estimated fee for the testing services in 2022 is $12,000.00 using the 5% annual escalation on rates quoted in the original bid. Therefore, Facilities Department is recommending approval of this contract extension/renewal to Professional Service Industries Inc. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Conle.ir+ rirG4�. 04/l7f/2Z c6:) px,bie-oe( wps'A2-01- zozo -o95W BiOO2, AMENDMENT #2 TO AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC This Amendment is made and entered into this 4th day of APRIL, 2022, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as the "Department", and Professional Service Industries, 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. 2020-0958, approved on April 20, 2020. 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 April 20, 2022. The term is hereby extended for one year commencing on April 21, 2022 and ending on April 20, 2023. 2. Beginning on the first day of the new term, the 5% annual escalation pricing, detailed in the original contract, shall replace the current pricing. 3. 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: Kyle Digitally signed by Kyle Duitsman Duitsman Date: 2022.04.04 By: 17:23:10 -06'00' Name: Kyle Duitsman Title: Regional Director Date April 4, 2022 BOARD OF COUNTY COMMISSIONERS ATTEST: -.1-44;r444/11`�" ° WELD COUNTY, COLORADO Weld Co 4 n y Clerk to the Bo. d BY: Deputy Cle j! to e `°'ar, K. James, Chair APR 18 2022 Page 1of1 oZOcW d 9 � Contract Form New Contract Request Entity Information Entity Name* PROFESSIONAL SERVICE INDUSTRIES INC Contract Name* MATERIALS TESTING (2020-0958) Contract Status CTB REVIEW Entity ID* ‘411"00030286 ❑ New Entity? Contract ID 5716 Contract Lead* Sc EESAMAN Contract Lead Email sgeesamancco.weld.co.us Contract Description * MATERIAL TESTING FOR VARIOUS CONSTRUCTION PROJECTS 2022-2023 Contract Description 2 Contract Type* RENEWAL Amount * $ 12,000.00 Renewable* YES Automatic Renewal Gant Department BUILDINGS AND GROUNDS Department Email CM- BuildingGroundsgweldgov.c OM Department Head Email CM -Building Grounds- DeptHeadveldgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM - C OU NTYATTO RN EYCWELDG OV.COM Requested BOCC Agenda Date* 04:1 3,/2022 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04/09/2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2000096 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 l tion Purchasin Purchasing Approver ESTHER GESICK Approval Prr Department Head TOBY TAYLOR DH Approved Date 04/05/2022 Final Approval ROCC Approved BOCC Signed Date EOCC Agenda Date 04/18/2022 Originator SGEESAMAN Contact Type Review Date* 04'03,2023 Committed Delivery Date Finance Approver CHERYL PA I 1 ELLI Renewal Date* 04,'20/2023 Expiration Date Contact Phone 1 Purchasing Approved Date 04,/13;2022 Finance Approved Date 04108;2022 Tyler Ref # AG 041822 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 04;'08,+2022 Ctyrwac-Fi'D#S001 FACILITIES 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 March 24, 2022 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Change Order 8 (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The contract permits additional services through a change order on an as needed basis. Weld County needs materials testing services for the new Ault Grader Shed under construction. The fee for the additional testing services is $4,079.00 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this change order in the amount of $4,079.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director G3nV-Y\-+ oe-07/ 2z B) 2oZo- 0957 561 OUZZ 2/141 A Date: CHANGE ORDER #8 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC. March 24, 2022 Original Agreement: Weld County document no. 2020-0958 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 12,158.00 Original Contract Amount $ 73,759.70 Previously Approved Change order(s) Amount $ 4,079.00 Current Change Order Amount $ 89,996.70 New Contract Total 4. All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: Name: Kyle Duitsman Title: Regional Director ATTEST: _ Weld Co BY: Clerk to the Bo. rd Date March 29, 2022 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Cle ' tot .oa% ' I�r Saott K. James, Chair Page 1 of 1 APR 1. 8 2022 oZt otO" I'l5 fntertek , PSI Exhibit A: Change Order # 8 Mr. Sterling Geesaman Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Re: Proposal for Construction Materials Testing and Inspection Services Weld County Ault Grader Shed 41150 Tegan Avenue Ault, Colorado 80612 Proposal Number: 369534 March 23, 2022 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Dear Mr. Geesaman, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Ault Grader Shed in Ault, Colorado. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's understanding of the project is based on the civil drawings dated November 26, 2021 by Wernsman Engineering and the structural drawings dated November 29, 2021 by Galloway. Based on this information, PSI understands a new grader shed will be constructed at 41150 Tegan Avenue in Ault, Colorado. The shed will have a footprint of 5,220 square -feet and will be supported by a shallow foundation of grade beams and column footings with a slab -on -grade floor. The building will be a pre -engineered -metal -building. PSI assumes the foundation will bear on undisturbed native soil. Associated site work will include a concrete apron, concrete aprons, and a road base drive/parking area. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection will be approximately $4,079.00. PSI proposes that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424- 5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jim Elhardt Project Manager Attachments: Weld County Price Sheet Kyle R. Duitsman, P.E. Site Manager www.intertek.com/building Proposal Number: 369534 March 23, 2022 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: www.intertek.com/building OFEES Proposal Number: 369534 March 23, 2022 Page 3 Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 1 0 $ 95.00 $ 95.00 b. Compaction tests (3 tests per trip) Trips 5 0 $ 144.00 $ 720.00 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 1 0 $ 144.00 $ 144.00 3. Reinforcing steel / embedded anchor observations a. Re bar observation (Trip is based on 3 hours) Trips 3 0 $ 144.00 $ 432.00 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ www.intertek.com/building Proposal Number: 369534 March 23, 2022 Page 4 c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ - 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 6 0 $ 192.00 $ 1,152.00 b. Cylinder transportation per ACI requirements Hourly 12 0 $ 48.00 $ 576.00 c. Structural Masonry inspections Hourly 0 0 $ 48.00 $ - d. Masonry inspections EA 0 0 $ 48.00 $ - e. Grout tests EA 0 0 $ 25.00 $ - g. Mortar tests EA 0 0 $ 90.00 $ - h. Prisms EA 0 0 $ 95.00 $ - www.intertek.com/building Proposal Number: 369534 March 23, 2022 Page 5 5. Structural steel welded a. Structural steel welded and bolted connections Hourly 4 0 $ 75.00 $ 300.00 b. Steel inspector, Nondestructive testing Test 0 0 $ 75.00 $ - 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 0 0 $ 48.00 $ - c. Gradation Test 0 0 $ 65.00 $ - 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 12 0 $ 55.00 $ 660.00 Grand Total $ 4,079.00 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: www.intertek.com/building 5 % Per Year Contract Form N act Reques Entity Name* PROFESSIONAL SERVICE INDUSTRIES INC Entity ID* X000.30286 Contract Name* MATERIAL TESTING SERVICES (2020-09580 Contract Status CTB REVIEW Contract Description* MATERIALS TESTING FOR THE NEW AULT GRADER SHED Contract Description 2 Contract Type* CHANGE ORDER Amount * $4,079.00 Renewable* NO Department BUILDINGS AND GROUNDS Department Email CM- Bui ldingGround sPweldgov.c om Department Head Email CM-BuildingGrounds- De pt H ead gwedgov.com County Attorney GENERAL COUNTY Al I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEYCWELDG OV.COM ❑ New Entity? Contract ID 5699 Contract Lead SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Requested BOCC Agenda Date* 04,11,2022 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04/07/2022 Will a work session with BOCC be required? NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP#* B2000096 If this is a renewal enter previous Contract ID If this is part of a MA enter &RSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Effective Date Review Date* 11,28;2022 Renewal Date Termination Notice Period Purchasing Approver ESTHER GESICK Department Head TOBY TAYLOR Finance Approver CHRIS D'O1/1DIO DH Approved Date 03;29/2022 Final Approval BOCC Approved 8OCC Signed Date BOCC Agenda Date 04;18/2022 Originator SGEESAMAN Committed Delivery Date Expiration Date 11/28/2022 Purchasing Approved Date 0413;2022 Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 03/30;2022 03130,`2022 Tyler Ref # AG 041822 /17 FACILITIES 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 December 8, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Change Order 7 (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The contract permits additional services through a change order on an as needed basis. Weld County needs materials testing services for the Training Facility/Shooting Range under construction. The fee for the additional testing services is $20,704.00 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this change order in the amount of $20,704.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director e6: \,0 /02/at, i•-0.2.eb2e. Date: CHANGE ORDER #7 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC. December 7, 2021 Original Agreement: Weld County document no. 2020-0958 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 12,158.00 Original Contract Amount $ 53,055.70 Previously Approved Change order(s) Amount $ 20,704.00 Current Change Order Amount $ 85,917.70 New Contract Total 4. All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: Kyle R. By: Name: Title: Digitally signed by Kyle R. Duitsman � U l tS m d n —Bate: 2021.12.08 14:07:37 -07'00' ATTEST: Weld County Clerk to the Board BY: Wgea:44) Je-104:ei .to Deputy Clerk to the Boa Date BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Moreno, Chair DEC 1 5 2021 Page 1 of 1 a2oO2a --0 9iY intertek. psi Exhibit: Change Order #7 Mr. Sterling Geesaman Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Re: Proposal for Construction Materials Testing and Inspection Services Weld County Sherriff's Department Shooting Range 58676 County Road 23 Carr, Colorado 80612 Proposal Number: 360940 December 7, 2021 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Dear Mr. Geesaman, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Sherriff's Department Shooting Range in Carr, Colorado. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's understanding of the project is based on the civil and structural drawings dated June 11, 2021 by JVA, inc. and the architectural drawings dated June 11, 2021 by Cairn Design LLC. Based on this information, PSI understands the project will consist of the construction of a new shooting range, including a classroom building with a footprint of approximately 8,000 square -feet, which will be supported by a shallow foundation of wall and column footings, with tie beams, pilasters, stem walls, and a slab -on -grade floor. The building will be a pre -engineered -metal -building. Site work will include new utilities, including new field inlets and 5 detention/retention ponds with concrete forebays and headwalls, a storage shed and covered briefing areas, exterior concrete paving, walkways, and pans, and asphalt paving for parking and access drives. PSI assumes inlets, forebays, and headwalls will be cast -in -place. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection will be approximately $20,704.00. PSI proposes that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424- 5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jim Elhardt Project Manager Attachments: I,Lik_ Kyle R. Duitsman, P.E. Site Manager Weld County Price Sheet www.intertek.com/building Proposal Number: 360940 December 7, 2021 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION 1. Project Name: 2. Project Location: 3. Your Job No.: Purchase Order No: 4. Project Manager: Telephone No: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: 6. Invoicing Address: Attn: 7. Site Contact 8. Other pertinent information: Telephone No: www.intertek.com/building io, Proposal Number: 360940 December 7, 2021 Page 3 FEES Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 2 0 $ 95.00 $ 190.00 b. Compaction tests (3 tests per trip) Trips 34 0 $ 144.00 $ 4,896.00 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 2 0 $ 144.00 $ 288.00 3. Reinforcing steel / embedded anchor observations a. Re bar observation (Trip is based on 3 hours) Trips 15 0 $ 144.00 $ 2,160.00 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ - www.intertek.com/building (0, . Proposal Number: 360940 December 7, 2021 Page 4 c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 35 0 $ 192.00 $ 6,720.00 b. Cylinder transportation per ACI requirements Hourly 30 0 $ 48.00 $ 1,440.00 c. Structural Masonry inspections Hourly 0 0 $ 48.00 $ - d. Masonry inspections EA 15 0 $ 48.00 $ 720.00 e. Grout tests EA 4 0 $ 25.00 $ 100.00 g. Mortar tests EA 0 0 $ 90.00 $ - h. Prisms EA 3 0 $ 95.00 $ 285.00 5. Structural steel welded a. Structural steel welded and bolted connections Hourly 8 0 $ 75.00 $ 600.00 b. Steel inspector, Nondestructive testing Test 0 0 $ 75.00 $ - 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 40 0 $ 48.00 $ 1,920.00 www.intertek.com/building Proposal Number: 360940 December 7, 2021 Page 5 c. Gradation Test 1 0 $ 65.00 $ 65.00 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 24 0 $ 55.00 $ 1,320.00 Grand Total $ 20,704.00 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: 5 % Per Year www.intertek.com/building Contract Form New Contract Request Entity Information Entity Name* Entity ID* PROFESSIONAL SERVICE INDUSTRIES C.4O0030286 INC Contract Name* CHANGE ORDER # 7 (2020-0958) MATERIALS TESTING SHOOTING RANGE Contract Status CTB REVIEW Contract Description* MATERIALS TESTING SHOOTING RANGE Contract Description 2 Contract Type* CHANGE ORDER Amount* $20,704.00 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGroundsiPweldgov.c on) Department Head Email CM-BuildingGrounds- DeptHead nreldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY a"WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID New Entity? Contract ID 5447 Contract Lead* SGEESAMAN Contract Lead Email sgeesarnanOco.weld.co.us Requested BOCC Agenda Date* 12 .'20; 2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 12 16 2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid / RFP I* 2000096 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 12,'08. 2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12!15,'2021 Originator SGEESAMAN Contact Type Review Date* 12,26,2022 Committed Delivery Date Contact Email Finance Approver CHRIS D'OVIDIO Renewal Date Expi ration Date Ir 01 16.2023 Contact Phone 1 Contact Phone 2 Purchasing Approved Date 12;1012021 Finance Approved Date 12/10:2021 Tyler Ref # AG 121521 Legal Counsel BOB CHOATE Legal Counsel Approved Date 12110, 2021 CuvrHfCiW5314f FACILITIES 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 October 27, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Change Order 6 (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The contract permits additional services through a change order on an as needed basis. Weld County is in need of additional materials testing for the Public Works Storage Building under construction. The fee for the additional testing services is $7,106.00 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this change order in the amount of $7,106.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director C onWIA I I /0'/2O Z I ee: 6.vae njog/yi e&) ZOZO-Oq5 gC o0Z2 Date: CHANGE ORDER #6 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC. October 27, 2021 Original Agreement: Weld County document no. 2020-0958 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 12,158.00 Original Contract Amount $ 45,949.70 Previously Approved Change order(s) Amount $ 7,106.00 Current Change Order Amount $ 65,213.70 New Contract Total 4. All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: Kyle e R. Digitally signed by By: Kyle R. Duitsman Date D u i tS m a n Date: 2021.10.27 Name: 14:14:38 -06'00' Title: � BOARD OF COUNTY COMMISSIONERS �'' ATTEST: WELD COUNTY, COLORADO Weld C. ntt Clerk to the Bo: rd BY: Deputy Cler cott K. James, Pro —Tern NOV 0 8 2021 Page 1 of 1 020 D 5.3 intcxtek , psi Exhibit: Change Order # 6 Mr. Sterling Geesaman Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Proposal Number: 357671 October26, 2021 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Fax: (303) 423-5625 Re: Proposal for Construction Materials Testing and Inspection Services Weld County Public Works Storage Facility 1111 H Street Greeley, CO 80631 Dear Mr. Geesaman, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Public Works Storage Facility in Greeley, Colorado. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's project understanding is based on information provided by Sterling Geesaman of Weld County, via e-mail October 12, 2021, which included architectural drawings dated May 21, 2021 by Cairn Design and structural and civil drawings dated May 21, 2021 by JVA. PSI understands the project will consist of the construction of a new 15,750 square -foot storage facility which will be supported by a shallow foundation consisting of wall and column footings, with stem walls, tie beams, pilasters, and a slab -on -grade floor. The building will be a pre -engineered - metal -building. Site work will include new utilities, concrete and asphalt pavement, and a concrete pan. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection, for both projects, will be approximately $7,106.00. It is proposed that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Jim Elhardt Project Manager Attachments: lAalf Kyle R. Duitsman, P.E. Site Manager Weld County Price Sheet www.intertek.com/building 'G. Proposal Number: 357671 October 26, 2021 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF , BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION 1. Project Name: 2. Project Location: 3. Your Job No.: Purchase Order No: 4. Project Manager: Telephone No: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: 6. Invoicing Address: Attn: 7. Site Contact 8. Other pertinent information: Telephone No: www.intertek.com/building (0, FEES Proposal Number: 357671 October 26, 2021 Page 3 Complete the fee proposal below for your bid. If you have additional fees, provide attachments detailing those fees. If additional tests are requested during this project, the price pertest identified will be the rate. Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 2 0 $ 95.00 $ 190.00 b. Compaction tests (3 tests per trip) Trips 15 0 $ 144.00 $ 2,160.00 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 2 0 $ 144.00 $ 288.00 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips 5 0 $ 144.00 $ 720.00 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ - www.intertek.com/building Proposal Number: 357671 October 26, 2021 Page 4 c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ - 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 8 0 $ 192.00 $ 1,536.00 b. Cylinder transportation perACl requirements Hourly 16 0 $ 48.00 $ 768.00 c. Structural Masonry inspections Hourly 0 0 $ 48.00 $ - d. Masonry inspections EA 0 0 $ 48.00 $ - e. Grout tests EA 0 0 $ 75.00 $ - g. Mortar tests EA 0 0 $ 90.00 $ - h. Prisms EA 0 0 $ 225.00 $ - 5. Structural steel welded a. Structural steel welded and bolted connections Hourly 8 0 $ 75.00 $ 600.00 b. Steel inspector, Nondestructive testing Test 0 0 $ 75.00 $ - 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 8 0 $ 48.00 $ 384.00 www.intertek.com/building Proposal Number: 357671 October 26, 2021 Page 5 c. Gradation Test 2 0 $ 65.00 $ 130.00 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 6 0 $ 55.00 $ 330.00 Grand Total $ 7,106.00 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: www.intertek.com/building 5 % Per Year Contract Form New Contract Request Entity Information Entity Name* Entity ID* PROFESSIONAL SERVICE INDUSTRIES a 000:30286 INC Contract Name* MATERIALS TESTING CHANGE ORDER (PUBLIC WORKS STORAGE BUILDING) (2020-0958) Contract Status CTB REVIEW Contract Description* CHANGE ORDER P6 Contract Description 2 Contract Type* CHANGE ORDER Amount * $7,106.00 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds,7weldgov.c om Department Head Email CM-BuildingGr-ounds- DeptHeadreldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEYTWELDG OV.COM ❑ New Entity? Contract ID 5374 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Requested BOCC Agenda Date* 11 08 2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 11;04;2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/REP I* B2000096 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 Review Date* 07?05'2022 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Contact Type Contact Email Expiration Date* 12`30,2022 Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date ROB TURF 11'01/2021 Approval Process Department Head TOBY TAYLOR OH Approved Date 10,`2'812021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11;'08,2021 Originator SGEESAMAN Finance Approver BARB CONNOLLY Legal Counsel BOB CHOAIE Finance Approved Date Legal Counsel Approved Date 11 01/2021 11'01 2021 Tyler Ref AG 110821 FACILITIES 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 June 9, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Change Order 5 (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The contract permits additional services through a change order on an as needed basis. Weld County is in need of additional materials testing for the Public Works Wash Bay site paving project. The fee for the additional testing services is $4,214.70 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this amendment to Professional Service Industries Inc. in the amount of $4214.70 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director b, -/G -...2.-/ z,/G --a2-/ 020020-v9a Date: CHANGE ORDER #5 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC. June 7, 2021 Original Agreement: Weld County document no. 2020-0958 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 12,158.00 Original Contract Amount $ 41,735.00 Previously Approved Change order(s) Amount $ 4,214.70 Current Change Order Amount $ 58,107.70 New Contract Total 4. All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: KyleR. Digitally signed by Y Kyle R. Duitsman By: Duiismdtt Date: 2021.06.10 10:18:55 -06'00' Name: Title: ATTEST: v• .JC "" " Weld 'o my Clerk to the Beard BY: Deputy Date BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair JUN 1 6 2021 Page 1 of 1 o2o W -t'757 intertek • psi Exhibit: Change Order #5 Mr. Sterling Geesaman Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Proposal Number: 344962 June 1, 2021 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Fax: (303) 423-5625 Re: Proposal for Construction Materials Testing and Inspection Services Asphalt Pavement and subgrade testing Weld County Fleet Services Building, 1399 N 170 Avenue, Greeley, CO Dear Mr. Geesaman, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Asphalt Pavement project at the Weld County Fleet Services Building, in Greeley, Colorado. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's project understanding is based on information provided by Sterling Geesaman of Weld County, via e-mail May 27, 2021. PSI understands the projects will consist of pond construction, pavement subgrade testing, and asphalt pavement testing during placement. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection, for both projects, will be approximately $4,214.70. It is proposed that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Donna J. Off, P.E. Project Engineer Attachments: Kyle R. Duitsman, P.E. Regional Site Manager Weld County Price Sheet www.intertek.com/building Proposal Number: 344962 June 1, 2021 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF , 2021 BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION 1. Project Name: 2. Project Location: 3. Your Job No.: Purchase Order No: 4. Project Manager: Telephone No: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: 6. Invoicing Address: Attn: 7. Site Contact 8. Other pertinent information: Telephone No: www.intertek.com/building FEES Complete the fee proposal below for your bid. If you have additional fees, provide attachments detailing those fees. If additional tests are requested during this project, the price per test identified will be the rate. Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 1 0 $ 99.75 $ 99.75 b. Compaction tests (3 tests per trip) Trips 10 0 $ 151.20 $ 1,512.00 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 0 0 $ 151.20 $ - 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips 0 0 $ 151.20 $ - b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 151.20 $ - BID REQUEST B2000166 Page 11 c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ - 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 4 0 $ 201.60 $ 806.40 c. Structural Masonry inspections Hourly 0 0 $ 50.40 $ - d. Masonry inspections EA 0 0 $ 50.40 $ - e. Grout tests EA 0 0 $ 78.75 $ - g. Mortar tests EA 0 0 $ 94.50 $ - h. Prisms EA 0 0 $ 236.25 $ - 5. Structural steel welded a. Structural steel welded and bolted connections Hourly 0 0 $ 78.75 $ - b. Steel inspector, Nondestructive testing Test 0 0 $ 78.75 $ - 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 32 0 $ 50.40 $ 1,612.80 BID REQUEST B2000166 Page 12 c. Gradation Test 1 0 $ 68.25 $ 68.25 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 2 0 $ 57.75 $ 115.50 Grand Total $ 4,214.70 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: 5 %Per Year BID REQUEST B2000166 Page 13 Contract Form New Contract Request Entity Information Entity Name* Entity ID* PROFESSIONAL SERVICE INDUSTRIES 300030286 INC Contract Name* MATERIALS TESTING 2020-0958 Contract Status CTB REVIEW ❑ New Entity? Contract ID 4823 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman3co.weld.co.us Contract Description* MATERIALS TESTING CHANGE ORDER #5 PAVING TESTING AT 1399 N 1 7TH AVE WASH BAY Contract Description 2 Contract Type* CHANGE ORDER Amount • $4,214.70 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov.c Onl Department Head Email CM-BuildingGrounds- DeptHeadnreldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- C:OU NTYATTO R N EY3WELDG OV.COM Requested BOCC Agenda Date* 06;'21 ?2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 06 r' 17 2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid /RFP I* B2000096 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* 09,'30,2021 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver ROB TURF Approval Process Department H TOBY TAYLOR OH Approved Date 06/10:2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/16/2021 Originator SGEESAMAN Contact Type Committed Delivery Date Contact Email Finance Approver CHRIS D'©V1DIO Expiration Date' 09/30,`2021 Contact Phone 1 Purchasing Approved Date 06,1`11/2021 Finance Approved Date 06, 1 1 ,' 2021 Tyler Ref # AG 061621 Legal Counsel BOB CHOATE Legal Counsel 06'111'2021 Contact Phone 2 743 FACI LITI ESD EPARTM ENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 May 3, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Change Order #4 (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The contract permits additional services through a change order on an as needed basis. Weld County needs additional materials testing for Fleet Services Wash Bay & Welding Shop. The fee for the additional testing services is $4,680.00 using the rates quoted in the original bid. Therefore, Facilities is recommending approval of this change order to Professional Service Industries Inc. in the amount of $4,680.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director as art --LA' Date: CHANGE ORDER #4 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC. May 3, 2021 Original Agreement: Weld County document no. 2020-0958 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 12,158.00 Original Contract Amount $ 49,213.00 Previously Approved Change order(s) Amount $ 4,680.00 Current Change Order Amount $ 53,893.00 New Contact Total 4. All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: Name: Donna J. Off Title: Project Engineer ATTEST: da-Aet) G ;c1 Weld • unty Clerk to the B• and BY: Deputy CI-? tot e Date 5/3/21 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 0Zo -o9 1 intertek • PSI May 3, 2021 Intertek-PSI 1070 West 124th Ave. Suite 800 Westminster, CO 80123 Exhibit: Change Order # 4 2020-0958 Weld County — Buildings and Grounds 1105 H Street Greeley, CO 80631 Attention: Mr. Curtis Naibauer Reference: Change Order Request Construction Materials Testing and Observation Services Weld County Fleet Services Building PSI Project No. 05322086 Dear Mr. Naibauer, Tel +1 303-424-5578 Fax +1 303-423-5625 intertek.com/building Professional Service Industries, Inc. (PSI), an Intertek company, provided geotechnical engineering and construction materials testing and observation services for the construction of the Fleet Services Building. Our original budget was $9,221.00 for construction materials testing. Concrete testing, soils testing and masonry inspections for the project exceeded the quantity PSI had planned. PSI is requesting an increase of $4,680, for a project total of $13,901 as compensation for inspections needed to complete the project, and the Engineer Letter required to obtain Certificate of Occupancy for the site. PSI appreciates the opportunity to work with you on this project. If you have any questions concerning our request, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Maif Donna J. Off, P.E. Kyle R. Duitsman, P.E. Project Engineer Site Manager www.intertek.com/building in • Contract Form New !Contract Request Entity Name* Entity ID* PROFESSIONAL SERVICE INDUSTRIES P00030286 INC ❑ New Entity? Contract Name* Contract ID CONSTRUCTION MATERIALS TESTING CHANGE ORDER # 4 4743 (2020-0958 Contract Status CTB REVIEW Contract Lead* SGEESAMAN Contract Lead Email sgeesarnan@co.weld.co.us Contract Description* WASH BAY REQUIRES ADDITIONAL TESTING RESULTING IN A CHANGE ORDER. Contract Description 2 Contract Type* CHANGE ORDER Amount* $4,580.00 Renewable* NO Automatic Renewal Grant Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 05,=08.'2021 05/12/2021 Department Email CM- BuildingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHeadPwel dgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYC WELDG OV.COM Will a work session with BOCC be required? NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is 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 Effective Date Termination Notice Period Co ct Information Pturchl sing Approval Proms Department F TOBY TAYLOR OH Approved Date 05/05/2021 Fir C BOCC Signed Date BOCC Agenda Date 05/17/2021 Originator SGEESAMAN Review Date* 07;30/2021 Committed Delivery Date Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Renewal Date Expiration Date* 07,'30, 2021 Contact Phone I Purchasing Approved Date Finance Approved Date 05,/0612021 Tyler Ref # AG 051721 Legal Counsel BOB CHOATE Legal Counsel Approved Date 05111,2021 /0 i71 -t-2-1 FACILITIESDEPARTMENT ESD E PARTM E NT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 April 5, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Contract Extension/Renewal (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. in 2020 and identified fees by line item. The contract permits the option to extend the contract annually for up to three (3) additional years with an escalation rate of 5% per year. Weld County needs additional materials testing for various projects scheduled in 2021. The estimated fee for the testing services in 2021 is $12,750.00 using the 5% annual escalation on rates quoted in the original bid. Therefore, Facilities Department is recommending approval of this contract extension/renewal to Professional Service Industries Inc. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director ctO e9t/60-d-e-C AMENDMENT #1 TO AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC +h This Amendment is made and entered into this I a day of APRIL, 2021, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as the "Department", and Professional Service Industries, 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. 2020-0958, approved on April 20, 2020. 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 April 20, 2020. The term is hereby extended for one year commencing on April 21, 2021 and ending on April 20, 2022. 2. Beginning on the first day of the new term, the 5% annual escalation pricing, detailed in the original contract, shall replace the current pricing. 3. 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: Kylee R. Digitally signed by Kyle y R. Duitsman By: Duitsman Date: 2021.04.01 01 06O. Name: Title: ATTEST: dam) `"'jettl" Weld eu ty Clerk to the Bard BY: Date BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Cl'-tot e BoaMoreno, Chair APR 1 2 2021. Page 1 of 1 02O 0901 Contract Form Entity Information New Contract Request Entity Name* Entity ID* PROFESSIONAL SERVICE INDUSTRIES g00030286 INC Contract Name* CONTRACT EXTENSION RENEWAL 2020-0958 Contract Status CTB REVIEW ❑ New Entity? Contract ID 4621 Contract Lead* SGEESAMAN Contract Lead Email sgeesarianigco.weld.co.us Contract Description * CONTRACT EXTENSION FOR MATERIAL TESTING ON VARIOUS CONSTRUCTION PROJECTS Contract Description 2 Contract Type* RENEWAL Amount* $12,750.00 Renewable* YES Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds,Pveldgov.c om Department Head Email CM-BuildingGrounds- DeptHeadA'veldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYWELDG OV.COM Requested BOCC Agenda Date* 04,' 12.2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04 08;`2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Review Date* 04'01;2022 Committed Delivery Date Renewal Date* 04, 2012022 Expiration Date Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TAYLOR DH Approved Date 04,'05"2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04!`12!2021 Originator SGEESAMAN Finance Approver BARB CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 0406,'2021 04;'06;2021 Tyler Ref # AG 041221 COn+ruc+ TO x-1599 FACILITIESDEPARTM ENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 29, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Change Order 3 (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The contract permits additional services through a change order on an as needed basis. Weld County is in need of additional materials testing for the two Public Works Mag Chloride tank sites and at the Jail Grease Interceptor install . The fee for the additional testing services is $10,793.00 using the rates quoted in the original bid. Therefore, Buildings & Grounds is recommending approval of this amendment to Professional Service Industries Inc. in the amount of $10,793.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 0.O,11,ex-,+-A cyA/05/91 a".O,,,eltd6e3c,) Lietvc-e-,4 obao-o95�s (-Goo a‘" J-,1-/,-/../ Date: CHANGE ORDER #3 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND PROFESSIONAL SERVICE INDUSTRIES INC. March 29, 2021 Original Agreement: Weld County document no. 2020-0958 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibits #1 & #2, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibits #1 & #2. 3. The amount of the contract is adjusted as follows: $ 12,158.00 Original Contract Amount $ 26,262.00 Previously Approved Change order(s) Amount $ 10,793.00 Current Change Order Amount $ 49,213.00 New Contact Total 4. All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: „Om__ -014, Name: Donna J. Off Title: Project Engineer ATTEST: Weld BY: ty Clerk to the :.ard � AO, �/ i Deputy CI k to the Date March 29, 2021 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair 1 of 1 APR 0 5 2021 '00 PO - Oct5 8' Donna J. Off, P.E. Project Engineer intertek. psi Exhibit #1 -Change Order #3 Mr. Curtis Naibauer Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Re: Proposal for Construction Materials Testing and Inspection Services Weld County Magnesium Chloride Storage Facility 1113 H Street, Greeley, CO Weld County Magnesium Chloride Storage Facility 23636 Weld County Road 54, Kersey, CO Dear Mr. Naibauer, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Magnesium Chloride Storage Facilities in Greeley and Kersey Colorado. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's project understanding is based on information provided by Curtis Naibauer of Weld County, via e-mail March 18, 2021. PSI understands the projects will consist of concrete testing and reinforcing steel observations at two sites in Weld County. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection, for both projects, will be approximately $7,900.00. It is proposed that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424-5578. Proposal Number: 337986 March 18, 2021 Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES.. INC. Attachments: Weld County Price Sheet Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Fax: (303) 423-5625 Kyle R. Duitsman, P.E. Regional Site Manager www.intertek.com/building ie. Proposal Number: 337986 March 18, 2021 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF , 2021 BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION 1. Project Name: 2. Project Location: 3. Your Job No.: Purchase Order No: 4. Project Manager: Telephone No: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: 6. Invoicing Address: Attn: 7. Site Contact 8. Other pertinent information: Telephone No: www.intertek.com/building in • Proposal Number: 337986 March 18, 2021 Page 3 FEES If you have additional fees, provide attachments detailing those fees. the price per test identified will be the rate. If Complete the fee proposal below for your bid. additional tests are requested during this protect, Type of Test Unit Greeley Quantity Kersey Quantity Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 0 0 $ 95.00 $ b. Compaction tests (3 tests per trip) Trips 0 0 $ 144.00 $ - 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ - 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips 6 10 $ 144.00 $ 2,304.00 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ BID REQUEST B2000166 Page 11 www.intertek.com/building in Proposal Number: 337986 March 18, 2021 Page 4 c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 0 $ 144.00 $ 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 12 16 $ 192.00 $ 5,376.00 c. Structural Masonry inspections Hourly 0 0 $ 48.00 $ - d. Masonry inspections EA 0 0 $ 48.00 $ - e. Grout tests EA 0 0 $ 75.00 $ - g. Mortar tests EA 0 0 $ 90.00 $ - h. Prisms EA 0 0 $ 225.00 $ - 5. Structural steel welded a. Structural steel welded and bolted connections Hourly 0 0 $ 75.00 $ - b. Steel inspector, Nondestructive testing Test 0 0 $ 75.00 $ - 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 0 0 $ 48.00 $ - BID REQUEST B2000166 Page 12 www.intertek.com/building in • Proposal Number: 337986 March 18, 2021 Page 5 c. Gradation Test 0 0 $ 65.00 $ - 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 2 2 $ 55.00 $ 220.00 Contract may be renewed for up to three additional years. Please provide years. Annual escalation: Grand Total $ 7,900.00 the annual escalation percentage 5 for subsequent % Per Year BID REQUEST B2000166 Page 13 www.intertek.com/building intertek. psi Exhibit #2 -Change Order #3 Mr. Sterling Geesaman Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Proposal Number: 338601 March 24, 2021 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Fax: (303) 423-5625 Re: Proposal for Construction Materials Testing and Inspection Services Grease Interceptor Replacement at the Weld County Jail 2110 O Street, Greeley, CO Dear Mr. Geesaman, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Grease Interceptor Replacement project at the Weld County Jail, in Greeley, Colorado. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's project understanding is based on information provided by Sterling Geesaman of Weld County, via e-mail March 24, 2021. PSI understands the projects will consist of soil subgrade and backfill testing, concrete curb and gutter installation, and asphalt pavement placement. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection, for both projects, will be approximately $2,893.00. It is proposed that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES. INC. Donna J. Off, P.E. Project Engineer Attachments: Kyle R. Duitsman, P.E. Regional Site Manager Weld County Price Sheet www.intertek.com/building ie. Proposal Number: 338601 March 24, 2021 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF , 2021 BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION 1. Project Name: 2. Project Location: 3. Your Job No.: Purchase Order No: 4. Project Manager: Telephone No: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: 6. Invoicing Address: Attn: 7. Site Contact 8. Other pertinent information: Telephone No: www.intertek.com/building FEES Proposal Number: 338601 March 24, 2021 Page 3 Complete the fee proposal below for your bid. If you have additional fees, provide attachments detailing those fees. If additional tests are reouested during this project, the price per test identified will be the rate. Type of Test Unit Jail Grease Interceptor Quantity Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 1 0 $ 95.00 $ 95.00 b. Compaction tests (3 tests per trip) Trips 8 0 $ 144.00 $ 1,152.00 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ b. Post -installed expansion anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ BID REQUEST B2000166 Page 11 www.intertek.com/building in • Proposal Number: 338601 March 24, 2021 Page 4 c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 0 0 $ 144.00 $ - 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 4 0 $ 192.00 $ 768.00 c. Structural Masonry inspections Hourly 0 0 $ 48.00 $ - d. Masonry inspections EA 0 0 $ 48.00 $ - e. Grout tests EA 0 0 $ 75.00 $ - g. Mortar tests EA 0 0 $ 90.00 $ - h. Prisms EA 0 0 $ 225.00 $ - 5. Structural steel welded a. Structural steel welded and bolted connections Hourly 0 0 $ 75.00 $ b. Steel inspector, Nondestructive testing Test 0 0 $ 75.00 $ - 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 16 0 $ 48.00 $ 768.00 BID REQUEST B2000166 Page 12 www.intertek.com/building Proposal Number: 338601 March 24, 2021 Page 5 c. Gradation Test 0 0 $ 65.00 $ - 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 2 0 $ 55.00 $ 110.00 Grand Total $ 2,893.00 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: 5 %Per Year BID REQUEST B2000166 Page 13 www.intertek.com/building Contract Form New Contract Request Entity Information Entity Name* Entity ID* PROFESSIONAL SERVICE INDUSTRIES g•00030286 INC Contract Name* CHANGE ORDER #3 2020-0958 Contract Status CTB REVIEW ❑ New Entity? Contract ID 4599 Contract Lead* SGEESAMAN Contract Lead Email sgeesarnan@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* PROVIDE MATERIALS TESTING FOR MAG CHLORIDE SITES AND THE JAIL GREASE INTRECEPTOR Contract Description 2 Contract Type* CHANGE ORDER Amount * $10,793.00 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov.c Onl Department Head Email CM-BuildingGrounds- DeptHead @veldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 04/05;'2021 Due Date 04'01+'2021 Will a work session with BOCC be required?* NO Does Contract require 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 Contract Dates Effective Date Review Date* 12;31;2021 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 12x"31;2021 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TAYLOR DH Approved Date 03/30,2021 Final Approval MCC Approved ROCC Signed Date 80CC Agenda Date 04;05.2021 Originator SGEESAMAN Finance Approver CHRIS D'OVIDIO Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 03;30,'`2021 03/30/2021 Tyler Ref # AG 040521 FACILITIESDEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 3, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Amendment 2 (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The contract permits additional services through an amendment on an as needed basis. Weld County is in need of additional materials testing for Coroner Addition. The fee for the additional testing services is $5,583.00 using the rates quoted in the original bid. Therefore, Buildings & Grounds is recommending approval of this amendment to Professional Service Industries Inc. in the amount of $5,583.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 39(11,ent A oar I1,Iat e:‘).A.6,---e(66) i' .3//7p/ ooS)0 - Octs C3C00©Da CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY FACILITIES DEPARTMENT AND PROFESSIONAL SERVICE INDUSTRIES INC. This Agreement Amendment ("Amendment"), made and entered into II day of March, 2021, by and between the Board of Weld County Commissioners, on behalf of the Weld County Facilities Department, hereinafter referred to as the "Department", and Professional Service Industries 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. 2020-0958, approved on April 20, 2020. WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Amendments, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Exhibit dated March 1, 2021 requesting additional funds for additional owner requested testing in the amount no greater than $5,583.00 is hereby incorporated as an exhibit to the agreement and the terms are included in the Agreement. • 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: Donna J. Off 3-8-21 Printed Na Signature i� GraSaA;G�- ATTEST: • Weld o rty Clerk tak./ the Boar ✓/i. BY Deputy Cler BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO re_ Steve Moreno, Moreno, Chair MAR 1 7 2021 oZo 020 , b �� Exhibit: Amendment 2 intertek , PSI March 1, 2021 Weld County — Buildings and Grounds 1105 H Street Greeley, CO 80631 Attention: Mr. Curtis Naibauer Intertek-PSI rtek-PSI 1070 West 124th Ave. Suite 800 Westminster, CO 80123 Reference: Change Order Request Construction Materials Testing and Observation Services Weld County Coroner's Office Addition PSI Project No. 05322085 Dear Mr. Naibauer, Tel +1 303-424-5578 Fax +1 303-423-5625 intertek.com/building Professional Service Industries, Inc. (PSI), an Intertek company, provided geotechnical engineering and construction materials testing and observation services for the construction of the Coroner's office Addition. Our original budget was $5,873.00 for construction materials testing. Structural steel inspections provided to the project exceeded the quantity PSI had planned. In addition, PSI was asked to re -inspect failing structural steel connections on two different occasions. PSI is requesting an increase of $5,583, for a project total of $11,456 as compensation for inspections performed in February and the Engineer Letter required to obtain Certificate of Occupancy for the site. PSI appreciates the opportunity to work with you on this project. If you have any questions concerning our request, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. 1,Ad Donna J. Off, P.E. Kyle R. Duitsman, P.E. Project Engineer Site Manager www.intertek.com/building in • New Contract Request Entity Information Entity Name* Entity ID* PROFESSIONAL SERVICE INDUSTRIES 1003Q286 INC Contract Name* AMENDMENT # 2 TO CONTRACT 2020-0958 Contract Status CTB REVIEW ❑ New Entity? Contract ID 4532 Contract Lead* SGEESAMAN Contract Lead Email sgeesarnan@co.weld.co.us Contract Description* AMENDMENT TO CONTRACT FOR ADDITIONAL REQUESTED SERVICES. Contract Description 2 Contract Type CHANGE ORDER Amount * $5,583.00 Renewable* NO Automatic Renewal Grant Parent Contract ID Requires Board Approval YES Department Project I Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 03;'06, 2021 03;1,'2021 Department Email CM- BuiIdingGroundsc'weldgov.c Onl Department Head Email CM-BuildingGrounds- DeptHeadCweldgay.com County Attorney GENERAL COUNTY AI I ORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@ IELDG OV.COM If this is a ren l enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require 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 Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Review Date* 07/26,,2021 Committed Delivery Date Renewal Date Expiration Date* 07/25,:2021 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TAYLOR DH Approved Date 03,'08!2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/1712021 Originator SGEESAMAN Finance Approver RARE CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 03;092021 03 1 1 ,2021 Tyler Ref # AG 031 721 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 August 21, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Amendment (2020-0958) The materials testing bid was awarded to Professional Service Industries, Inc. The contract permits additional services through an amendment on an as needed basis. Weld County is in need of additional materials testing for Coroner Addition, Wash Bay Building, and Evidence Addition. The fee for these testing services is $20,679.00 using the rates quoted in the original bid. Therefore, Buildings & Grounds is recommending approval of this amendment to Professional Service Industries Inc. in the amount of $20,679.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director os/20120 ,B��TT�sU Va2-1-/2-12 CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS & GROUNDS AND PROFESSIONAL SERVICE INDUSTRIES INC. This Agreement Amendment ("Amendment"), made and entered into 18TH day of August, 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings and Grounds, hereinafter referred to as the "Department", and Professional Service Industries 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. 2020-0958, approved on April 20, 2020. WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference 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: 1. Exhibit #1 and Exhibit #2 dated August 11, 2020 & Exhibit #3 and Exhibit #4 dated August 17, 2020 for an amount no greater than $20,679.00 is hereby incorporated as exhibits to the agreement and the terms are included in the Agreement. • 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: Donna J. Off Printed Name Signature 8/18/20 dileduA) xii.0;‘,k ATTEST: Weld BY& Deputy Cle to the Boar APPROVED AS TO FUNDING: Controller APVEDASTO� rtS County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair AUG 2 6 2020 APPROVED TO UBSTANCE: Elec- d Official or Department Head intertek PSI Mr. Curtis Naibauer Weld County - Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 Re: Exhibit # 1 Proposal Number: 318428 August 11, 2020 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Fax: (303) 423-5625 Proposal for Construction Materials Testing and Inspection Services Weld County Coroner Addition Weld County Grader Shed and Sand Building at Mead, CO Dear Mr. Naibauer, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Coroner Addition and Grader Shed at Mead, CO. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's project understanding is based on information provided by Curtis Naibauer of Weld County, via e-mail August 6, 2020, which included 2072 Weld County Coroner Addition 100% CD set 20200609 -Structural and RSA000004-30 — CO, Weld County — Mead Sand Building -Galloway 2019 11 19. PSI understands the projects will consist of soil and concrete testing and reinforcing steel, masonry and welding inspection at two sites in Weld County. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection, for both projects, will be approximately $9,958.00. It is proposed that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES,, INC. Donna J. Off, P.E. Project Engineer Attachments: Kyle R. Duitsman, P.E. Regional Site Manager Weld County Price Sheet www.intertek.com/building io, Proposal Number: 318428 August 11, 2020 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF , 2020 BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION 1. Project Name: 2. Project Location: 3. Your Job No.: Purchase Order No: 4. Project Manager: Telephone No: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: 6. Invoicing Address: Attn: 7. Site Contact 8. Other pertinent information: Telephone No: www.intertek.com/building FEES Complete the fee proposal below for your bid. If you have additional fees, provide attachments detailing those fees. If additional tests are requested during this project, the price per test identified will be the rate. of Test Unit Coroner Addition Mead Grader Sheds Cost test per Total Type Quantity Quantity 1. observations and testing Earthwork a. Proctor tests EA 2 2 $95 $380 b. Compaction tests (3 tests per trip) Trips 5 5 $144 $ 1440 2. observations Excavation a. Bearing based material on 3 hours) observation. is 1 1 $144 $288 (Trip Trips 3. anchor Re -enforcing observations steel / embedded a. based Foundation on 3 rebar hours) observations (Trip is Trips 3 6 $144 $1296 b. is Post installed based on 3 hours) expansion anchors (Trip 3 0 $144 $432 Trips BID REQUEST Page 9 c. based Post installed on 3 hours) adhesive anchors (Trip is 3 0 $144 $432 Trips 4. Concrete testing a. include cylinders, standard Fresh slump, concrete compressive intervals.) air testing. entrainment, (Each strength temp., tests test to 5 at Tests 7 9 $192 $3072 c. Structural Masonry inspections 0 0 $48 $0 Hourly d. Masonry inspections EA 16 0 $48 $768 e. Grout tests EA 1 0 $75 $75 g. Mortar tests EA 1 0 $90 $90 h. Prisms EA 1 0 $225 $225 5. Structural steel welded a. Structural connections steel welded and bolted Hourly 16 0 $75 $1200 b. Steel inspector. Nondestructive testing 2 0 $75 $150 Test 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 0 0 $48 $0 BID REQUEST Page 10 c. Gradation Test 0 0 $65 7. Reports and engineering a. Reports and engineering with Compliance summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 1 1 $55 $110 Grand Total $9958 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: 5 % Per Year BID REQUEST Page 11 inter tek. psi Mr. Curtis Naibauer Weld County - Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Exhibit # 2 Proposal Number: 318686 August 11, 2020 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Fax: (303) 423-5625 Re: Proposal for Construction Materials Testing and Inspection Services Weld County Fleet Services Building 1399 N 17th Avenue Greeley, CO 80631 Dear Mr. Naibauer, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Fleet Services Building. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's project understanding is based on information provided by Steph McCormac of TCC Corporation, via e-mail August 11, 2020, which included: Attachment B — Vehicle Wash Welding Facility — 166, Attachment c — Vehicle Wash Welding Facility -166, Bid Specs 1 —Vehicle Wash Drawings, Project Manual —Vehicle Wash Welding Facility - 166. PSI understands the project will consist of soil, concrete and asphalt testing and reinforcing steel, masonry and welding inspection. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the project, we estimate that the fees for specified testing and inspection, will be approximately $9,221.00. It is proposed that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES. INC. Donna J. Off, P.E. Project Engineer Attachments: Kyle R. Duitsman, P.E. Regional Site Manager Weld County Price Sheet www.intertek.com/building 0 Proposal Number: 318686 August 11, 2020 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF , 2020 BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION 1. Project Name: 2. Project Location: 3. Your Job No.: Purchase Order No: 4. Project Manager: Telephone No: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: 6. Invoicing Address: Attn: 7. Site Contact 8. Other pertinent information: Telephone No: www.intertek.com/building FEES Complete the fee proposal below for your bid. If you have additional fees, provide attachments detailing those fees. If additional tests are requested during this project, the price per test identified will be the rate. Type of Test Unit Fleet Services Quantity Cost per test Total 1. Earthwork observation and testing a. Proctor tests EA 2 $ 95.00 $ 190.00 b. Compaction tests (3 tests per trip) Trips 10 $ 144.00 $ 1,440.00 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 1 $ 144.00 $ 144.00 3. Reinforcing steel / embedded anchor observations a. Foundation rebar observation (Trip is based on 3 hours) Trips 4 $ 144.00 $ 576.00 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips $ 144.00 $ BID REQUEST B2000166 Page 11 c. Post installed adhesive anchors (Trip is based on 3 hours) Trips $ 144.00 $ 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 4 $ 192.00 $ 768.00 c. Structural Masonry inspections Hourly 30 $ 48.00 $ 1,440.00 d. Masonry inspections EA 10 $ 48.00 $ 480.00 e. Grout tests EA 4 $ 75.00 $ 300.00 g. Mortar tests EA 4 $ 90.00 $ 360.00 h. Prisms EA 4 $ 225.00 $ 900.00 5. Structural steel welded a. Structural steel welded and bolted connections Hourly 24 $ 75.00 $ 1,800.00 b. Steel inspector, Nondestructive testing Test 0 $ 75.00 $ - 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 16 $ 48.00 $ 768.00 BID REQUEST B2000166 Page 12 c. Gradation Test 0 $ 65.00 $ - 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 1 $ 55.00 $ 55.00 Grand Total $ 9,221.00 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: 5 % Per Year BID REQUEST B2000166 Page 13 intertek psi August 17, 2020 Weld County — Buildings and Grounds 1105 H Street Greeley, CO 80631 Attention: Mr. Sterling Geeseman I ntertek-PSI 1070 West 124th Ave. Suite 800 Westminster, CO 80123 Exhibit #3 Reference: Change Order Request Construction Materials Testing and Observation Services Weld County Evidence Locker PSI Project No. 05322024 Dear Mr. Geeseman, Tel +1303-424-5578 Fax +1 303-423-5625 intertek.com/building Professional Service Industries, Inc. (PSI), an (ntertek company, is currently providing geotechnical engineering and construction materials testing and observation services for the construction of the Evidence Locker project. Our initial proposal indicated our services would be accomplished for $8,305.00 for construction materials testing. PSI is requesting an increase of $600 as compensation for inspection of the installation of the manufactured building planned for the site. This category of inspection was not included in our initial estimate. PSI appreciates the opportunity to work with you on this project. If you have any questions concerning our request, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Donna J. Off, P.E. Kyle R. Duitsman, P.E. Project Engineer Site Manager www.intertek.com/building intertek • psi August 17, 2020 Weld County — Buildings and Grounds 1105 H Street Greeley, CO 80631 Attention: Mr. Sterling Geeseman Intertek-PSI 1070 West 124th Ave. Suite 800 Westminster, CO 80123 Exhibit #4 Reference: Change Order Request Construction Materials Testing and Observation Services Weld County Mead Grader Shed PSI Project No. 05322072 Dear Mr. Geeseman, Tel +1303-424-5578 Fax +1 303-423-5625 intertek.com/building Professional Service Industries, Inc. (PSI), an Intertek company, is currently providing geotechnical engineering and construction materials testing and observation services for the construction of the Mead Grader Sheds. Our initial proposal indicated our services would be accomplished for $3,701.00 for construction materials testing. PSI is requesting an increase of $900 as compensation for inspection of the installation of the manufactured buildings planned for the site. This category of inspection was not included in our initial estimate. PSI appreciates the opportunity to work with you on this project. If you have any questions concerning our request, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Donna J. Off, P.E. Kyle R. Duitsman, P.E. Project Engineer Site Manager www.intertek.com/building in • intertek PSI August 17, 2020 Weld County — Buildings and Grounds 1105 H Street Greeley, CO 80631 Attention: Mr. Sterling Geeseman Intertek-PSI 1070 West 124' Ave. Suite 800 Westminster, CO 80123 Exhibit #3 Reference: Change Order Request Construction Materials Testing and Observation Services Weld County Evidence Locker PSI Project No. 05322024 Dear Mr. Geeseman, Tel +1303-424-5578 Fax +1 303-423-5625 i me rte k.com/buiIding Professional Service Industries, Inc. (PSI), an Intertek company, is currently providing geotechnical engineering and construction materials testing and observation services for the construction of the Evidence Locker project. Our initial proposal indicated our services would be accomplished for $8,305.00 for construction materials testing. PSI is requesting an increase of $600 as compensation for inspection of the installation of the manufactured building planned for the site. This category of inspection was not included in our initial estimate. PSI appreciates the opportunity to work with you on this project. If you have any questions concerning our request, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Donna J. Off, P.E. Kyle R. Duitsman, P.E. Project Engineer Site Manager www.intertek.com/buiIding intertek 5 I August 17, 2020 Weld County — Buildings and Grounds 1105 H Street Greeley, CO 80631 Attention: Mr. Sterling Geeseman Intertek-PSI 1070 West 124th Ave. Suite 800 Westminster, CO 80123 Exhibit #4 Reference: Change Order Request Construction Materials Testing and Observation Services Weld County Mead Grader Shed PSI Project No. 05322072 Dear Mr. Geeseman, Tel +1 303-424-5578 Fax +1 303-423-5625 intertek.com/building Professional Service Industries, Inc. (PSI), an Intertek company, is currently providing geotechnical engineering and construction materials testing and observation services for the construction of the Mead Grader Sheds. Our initial proposal indicated our services would be accomplished for $3,701.00 for construction materials testing. PSI is requesting an increase of $900 as compensation for inspection of the installation of the manufactured buildings planned for the site. This category of inspection was not included in our initial estimate. PSI appreciates the opportunity to work with you on this project. If you have any questions concerning our request, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES; INC. Donna J. Off, P.E. Kyle R. Duitsman, P.E. Project Engineer Site Manager www.intertek.com/building tntertek Mr. Curtis Naibauer Weld County - Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Proposal Number: 318428 August 11, 2020 Professional Service Industries, Inc. 1070 West 124th Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Fax: (303) 423-5625 Re: Proposal for Construction Materials Testing and Inspection Services Weld County Coroner Addition Weld County Grader Shed and Sand Building at Mead, CO Dear Mr. Naibauer, Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Coroner Addition and Grader Shed at Mead, CO. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County. PSI's project understanding is based on information provided by Curtis Naibauer of Weld County, via e-mail August 6, 2020, which included 2072 Weld County Coroner Addition 100% CD set 20200609 -Structural and RSA000004-30 — CO, Weld County — Mead Sand Building -Galloway 2019 11 19. PSI understands the projects will consist of soil and concrete testing and reinforcing steel, masonry and welding inspection at two sites in Weld County. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection, for both projects, will be approximately $9,958.00. It is proposed that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424-5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES.. INC. Donna J. Off, P.E. Project Engineer Kyle R. Duitsman, P.E. Regional Site Manager Attachments: Weld County Price Sheet www.intertek.com/building Proposal Number: 318428 August 11, 2020 Page 2 PROPOSAL ACCEPTANCE: AGREED TO THIS DAY OF , 2020 BY/TITLE: (Print/type name) FIRM: PHONE: SIGNATURE: 1. Project Name: PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION 2. Project Location: 3. Your Job No.: Purchase Order No: 4. Project Manager: Telephone No: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: 6. Invoicing Address: Attn: 7 Site Contact 8. Other pertinent information: Telephone No: www.intertek.com/building FEES Complete the fee proposal below for your bid. If you have additional fees, provide attachments detailing those fees. If additional tests are requested during this project, the price per test identified will be the rate. of Unit Coroner Addition Mead Grader Sheds test Cost per Total Type Test Quantity Quantity 1. Earthwork observations and testing a. Proctor tests EA 2 2 $95 $380 b. Compaction tests (3 tests per trip) 5 5 $144 $ 1440 Trips 2. Excavation observations a. based Bearing material on 3 hours) observation. (Trip is 1 1 $144 $288 Trips 3. anchor Re -enforcing observations steel / embedded a. based Foundation on 3 rebar observations hours) (Trip is Trips 3 6 $144 $1296 is b. Post based installed on 3 hours) expansion anchors (Trip 3 0 $144 $432 Trips BID REQUEST Page 9 c. based Post installed on 3 hours) adhesive anchors (Trip is Trips 3 0 $144 $432 4. Concrete testing a. include cylinders, standard Fresh slump, concrete compressive intervals.) air testing. entrainment, strength (Each temp., tests test to 5 at 7 9 $197 $3072 Tests c. Structural Masonry inspections 0 0 $48 $0 Hourly d. Masonry inspections EA 16 0 $48 $768 e. Grout tests EA 1 0 $75 $75 g. Mortar tests EA 1 0 $90 $90 h. Prisms EA 1 0 $225 $225 5. Structural steel welded a. Structural connections steel welded and bolted Hourly 16 0 $75 $1200 b. Steel inspector. Nondestructive testing 2 0 $75 $150 Test 6. Hot mix asphalt a. mix asphalt inspections 0 0 $48 $0 Hot Hourly .Y1i IRS - `. /..,, ,..a.,. -"" - ..„........,.. ? ...... -t`/' .......,..7„. wrTs`- _a-YiwCi fwLM1'._..„v..••Ww.` 4bsili3Ene sen4 t ar-'__— — _ 'SrCI?"tit1il..r a . rte.. BID REQUEST Page 10 c. Gradation 0 0 $65 Test 7. Reports and engineering a. Compliance shall pricing Reports be included shown and summary. above.) engineering in the (All hourly with test reports or test EA 1 1 $55 $110 Grand $9958 Total Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: 5 Per Year BID REQUEST Page 11 Cheryl Hoffman From: Sent: To: Cc: Subject: Christie Peters Tuesday, September 1, 2020 1:51 PM Cheryl Hoffman Toby Taylor; Sterling Geesaman; Rob Turf; Rose Everett RE: B2000096 - Materials Testing Services Amendment - Professional Service Industries Inc Attachments: 20200958 -Amendment for Materials Testing Services - Professional Service Industries Inc (002).pdf; Updated PSI Proposal for Coroner's Office and Mead Grader Shed Bid.pdf Cheryl, Not sure what to do here. I dic a oreakcown of each of these items for the purchase orcer anc of PST's figures wasn't adding uo for the Welc Coroner Accition anc Grader Shec (Exhiolt 1). See attaches occe 6. The nuoer of trios for 4. Concrete Testing, item a. shoulc Coroner's Office anc 9 for the Meac Grocer Shec No change to the total. Anyhow, I callec the vencor anc she sent me the atTachec u neecec to scan this to Tyler or not as oart of the recorc. Than KS, C £ L& Peters( Buyer - Purchasing Department 1 150 O Street Greeley, CO 80631 P h : (970)400-4223 cmpeters@weldgov.com one have been 7 for the cated cocument. N of sure if you Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Cheryl Hoffman <choffman@weldgov.com> Sent: Wednesday, August 26, 2020 2:54 PM To: Toby Taylor <ttaylor@weldgov.com>; Sterling Geesaman <sgeesaman@weldgov.com>; Purchasing <PURCHASING@co.weld.co.us> Subject: B2000096 - Materials Testing Services Amendment - Professional Service Industries Inc This amendment was approved by the BOCC during this morning's hearing. Have a wonderful rest of your Wednesday! Cheryl L. Hoffman Deputy Clerk to the Board 1150 0 Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com *, 3300 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & PROFESSIONAL SERVICE INDUSTRIES INC MATERIALS TESTING SERVICAS THIS AGREEMENT is made and entered into this o ay of ' , 202d, by and between the County of Weld, a body corporate and politic of the State /. f Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Professional Service Industries Inc. whose address is 1070 W. 124th Ave. Suite 800 Westminster, CO 80234, hereinafter referred to as "Contract Professional". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibits A and B; 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 Bare 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 "Bid Package No. B2000096". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. 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 Exhibits A and B 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. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement C C 5 4- -, . ©' / l?.v /QO 8G� ,e.©2©- 013g by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and 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 continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $12,158.00, 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. 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 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; $2,000,000 products & completed operations aggregate; $1,000,000 personal advertising injury 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, Weld County Director of Buildings and Grounds. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Professional Service Industries Inc. Attn: Kyle R. Duitsman-PE Address: 1070 W. 124th Ave Suite 800 Address: Westminster, CO 80234 E-mail: kyle.duitsman@intertek.com Telephone: (303) 424-5578 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttaylor@weldgov.com 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 day of , 202_. CONTRACTOR: Professional Service Industries Inc. By: Kyle Digitally signed by Name: Kyle Duitsman Title: Date: 2020.04.07 Duitsm�n ,; ; Date WELD CO '� ATTEST �J G,�p Weld Clerk to the oard BY: Deputy CI BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ike Freeman, Chair APR 2 0 2020 Soto O REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 DATE: FEBRUARY 14, 2020 BID NUMBER: #B2000096 DESCRIPTION: MATERIALS TESTING SERVICES DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE -BID CONFERENCE DATE: MARCH 2, 2020 BID OPENING DATE: MARCH 18, 2020 1. NOTICE TO BIDDERS: Exhibit A 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: MATERIALS TESTING SERVICES A mandat:•.ry pce=bod conference will be held on March 2, 2920 at 10:00 AM at the W Id County Buildings & Grounds building located at 1105 H Street, Greeley, CO .01631. Bidders must participate and record their presence at the pre -bid conference in order 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: March 189 2020 at 10:00 AI (W Id Cunty Purchasing Time Check). PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORM $'ION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FR EVERY PURCHASE. BID SPECIFICS FUJI OW 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 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/purchasincj/bids proposals located under "Bids / Proposals / Tabulations". And, on the Bidnet Direct website at https://vvww.bidnetdirect.com/. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County - 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when 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 0 Street, Room #107, Greeley, CO 80631. Please call P urchas ncc at 970=400-4222 tr 4223 of you have any c uesti.ns. 3. INSTRUCTIONS TO HOD RS: ONTROo DUCTORY DNF RMATfON: 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 Cntrller/Purchasing Director, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of .,ttorney 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 spices 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, "Ntice 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 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 the documents of the Request for Bid contained herein (including, but not limited to, product specifications and sc•-pe 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 P°s CTOCES — DILLEGA All DENS: 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 prticipation in the E -Verify program or the State of Colorado program established pursuant to C. ".S. §3-17.5-102(5)(c). Successful bidder 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 Successful BID REQUEST #B2000096 Page 2 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 u ndertake 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 o r 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 new employee to perform work u nder 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 employees. Successful bidder 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 States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder o perates 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 o ne 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. 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 no': 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 or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #B2000096 Page 3 v D. independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not is 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 unemployment 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 end 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. E. Compioance 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 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. Att orney's Fes/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. Terminafo •:n: 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 Modoficatin: 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 BID REQUEST #B2000096 Page 4 for additinal compensation unless and until the successful bidder has obtained written authorization -and ackowledgement 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. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upoi the particular r�t�putatiorc 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 reasnable discretion to approve EH personnel assigned to the subject Prject during the performance Q 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, too be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities whici 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 provisins of this Agreement. The successful bidder further represents and warrants that all services shall be perfrmed 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. N• n=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 ,o 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. Interruptoons: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otierwise 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, fl o, earthquakes or Governmental actions. R. onmF'xclusive Air:- :, ento This Agreement is nonexclusive and County may engage ruse other contractors or persons to perform services of the same or similar nature. S. Emplye;-. Financial Interest/Conflict of Interst ® C.R.S. §L24-1 :=201 et sego and §24=53 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or BID REQUEST #B2000096 Page 5 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. finding Arbitratin 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 Cunty Commissioners of Weld County - pproval: 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. INSU' _ r:NCE RE UIREMENTS: Insurance and lndemnific ti*n. 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 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 AM. Best Company as "A" VIII or 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 or 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 ;: i.+14' OE •ti0. .91. .1 ._a C? !. - . r. . a "I .. ., w...t e+ . •9 '�'eirmit.V��.ova'i Nel::,l'l'.'ta.:' :cgLsntegvrRpagargii!eria fl —T >f:�.: ..-�,..�7:J ior_d w:a. � -_.nr.'__.=__.?Ed:AT.r,inTrs irenleagint6itai. BID REQUEST #B2000096 Page 6 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 or 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 obliga ions 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, o r 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 n eglect 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, o r 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. 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: Worknas' 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 u nder 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 o perating 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, e rrors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the : : S .. 4 =4'i a o. BID REQUEST #B2000096 Page 7 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. 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. BID REQUEST #B2000096 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Testing Services for Various Weld County Capital Improvement Projects Weld County Government is soliciting bids for construction and materials testing for various capital improvement projects. The purpose of this Request for Bid (RFB) is to obtain fee proposals and qualifications from firms who wish to provide the services requested in this Bid. The County desires to retain a testing firm to perform special inspections and materials testing services for all phases of the work consisting, without limitation, the following work: • Materials testing. • Special Inspections. • Reporting. PRELIMINARY SCHEDULE Date of this Bid February 14, 2020 Bid Posted to Websites February 14, 2020 Pre -bid Conference March 2, 2020 Proposals Are Due March 18, 2020 Contract Award Notice April 6, 2020 Contract Final April 13, 2020 Testing Services Begin Immediately upon notice of award & project availability The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informality in bids, and to accept the bid that, in the opinion of the Board, is in the best interests of the Board and of the County of Weld, State of Colorado. GENERAL DESCRIPTION OF TESTING PARAMETERS 1. Materials testing including soils testing, concrete testing and asphalt testing. 2. Steel reinforcing inspections 3. Structural steel tests and inspections 4. Masonry inspections including grout, mortar and steel reinforcing. 5. Each project will differ in scope and size and some of the tests will not be required on all projects. SCOPE OF SERVICES The intent of this section is to highlight in general terms the nature and scope of the work to be performed. Weld County Buildings and Grounds has several projects during 2020 and beyond that will require testing services. Two of these projects are listed on the fee proposal schedule and are representative of the size and complexity of most of the projects that will be done under this contract. The County anticipates entering into contract for these testing services based on the bid schedule fees. All billings will be done per unit prices in the bid schedule as testing has been performed or man hours have been accrued on this project. Additional phases of work may be amended to or listed services may be deleted from the contract. BID REQUEST #B2000096 Page 9 The Professional Services Agreement shall commence approximately April 8, 2020 and continue in full force and effect for one (1) year. At the option of the County, the Professional Services Agreement may be extended for up to three (3) additional years. Price changes for items in the fee schedule will be a percentage as indicated on the bid form for each yearly extension. It is expected that all costs such as mileage, labor, equipment, typing, reviewing, and report writing will be included in all prices submitted. The testing firm will manage administrative and quality control portions of the project during the construction phase. These are to include: a. Provide materials testing and special inspections as required by specifications. b. Monitor test results and report any failing results to the general contractor and owner. c. Track test results to ensure all testing has been completed and accepted. d. Provide documentation of acceptance of test results and inspections for submission to the Weld County Planning & Building department as required for issuance of certificate of occupancy. PROPOSAL DOCUMENTS Please submit an original AND one (1) copy of your proposal signed by a person authorized to bind the party. The proposals shall be organized as outlined below: A. Firm(s) Information: 1) Identify which office (Contact Office) will be responsible for the project. 2) Provide a staffing chart showing proposed organization for this project. B. Firm's Experience: 1) Provide a brief summary of staff that will be involved with this project and what qualifications, licenses and certifications they have in reference to the required services for this project. 2) Indicate any outside subcontractors or testing agencies you intend to employ on this project. C. Current Workload: Provide a list of current project commitments by your proposed team and proposed individuals, including the status of such projects that might interfere with the scheduling required for this project. EVALUATION CRITERIA The following criteria will be used to evaluate response to this Bid: A. Fee Proposal: 1) Identify the Fee your firm proposes to provide testing services described in this bid on the attached bid schedule. Additional spaces have been included to allow you to add any services that you feel may benefit the County or that have been left out. 2) Provide a list of salary/wage rates for personnel proposed for this project. Indicate the base wage or salary and applied Direct Personnel Expense to formulate a total hourly billing rate and monthly billing rate for each individual proposed for involvement in additional services as may be required. BID REQUEST #B2000096 Page 10 B. Qualifications which shall include: 1) Key staff members training, qualifications certifications and licenses. 2) Current workload, organizational depth and ability to deliver the necessary the project's timeframe. 3) Completeness of the response to this Bid. FEES Complete the fee proposal below for your bid. If you have additional fees, provide attachments detailing those fees. If additional tests are requested during this project, the price per test identified will be the rate. of Unit Public Works Evidence storage Cost test per Type Test Total Quantity Quantity 1. Earthwork observations and testing a. Proctor tests EA 2 2 b. Compaction tests (3 tests per trip) Trips 5 10 2. observations Excavation a. based Bearing material on 3 hours) observation. is Trips 1 1 (Trip 3. anchor Re -enforcing observations steel / embedded a. based Foundation on 3 rebar hours) observations (Trip is Trips 3 3 b. is Post installed based on 3 hours) expansion anchors (Trip 0 2 Trips BID REQUEST #B2000096 Page 11 c. based Post installed on 3 hours) adhesive anchors (Trip is 0 2 Trips 4. Concrete testing a. include cylinders, standard Fresh slump, concrete compressive intervals.) air testing. entrainment, strength (Each temp., tests test to 5 at 3 5 Tests c. Structural Masonry inspections Hourly 10 18 d. Masonry inspections EA 10 16 e. Grout tests EA 1 2 g. Mortar tests EA 1 21 h. Prisms EA 1 1 5. Structural steel welded a. Structural connections steel welded and bolted Hourly 3 4 b. Steel inspector. Nondestructive testing 1 1 Test 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 2 2 BID REQUEST #B2000096 Page 12 c. Gradation 1 1 Test 7. Reports and engineering a. Compliance shall pricing Reports be included shown and summary. above.) engineering in the (All hourly with test reports or test EA 1 1 Grand Total Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: % Per Year A mandatory pre -bid conference will be held on March 2, 2020 at 10:00 AM at the Weld County Buildings & Grounds building located at 1105 H Street, Greeley, CO 80631. Bids will be received up to, but not later than March 18, 2020 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). BID REQUEST #B2000096 Page 13 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. #B2000096. 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 (Please print) BUSINESS ADDRESS 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 NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 _ 8. ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B2000096 Page 14 intertek Exhibit B March 18, 2020 Weld County Purchasing Department 1150 O Street Greeley, Colorado 80631 Attention: Ms. Christie M. Peters, 970-400-4223, cmpeters@weldgov.com 1070 West 124" Avenue, Suite 800 Westminster, Colorado 80234 phone: (303) 424-5578 fax: (303) 423-5625 intertek corn/building psiusa corn Subject: Request for Proposal (RFP) Materials Testing Services Capital Improvement Projects Bid Request #B2000096 PSI Proposal No.: 302966 Dear Ms. Peters, Professional Service Industries, Inc. (PSI), an Intertek company, would like to thank you for giving us the opportunity to submit our qualifications to Weld County for testing services for the various capital improvement projects. PSI has a long history of service in Colorado and has an intimate knowledge of the local geological conditions as well as the local regulations. PSI has assembled a team of highly qualified individuals to work with Weld County on the and the project team to perform materials testing and inspection services on schedule and within budget. We are proud of our high standards for the quality of our services. PSI enables our professional and support staff to provide our clients with innovative and cost-effective solutions to a myriad of issues. Mr. Kyle Duitsman is the project contact person for this contract and is located at our main office in Westminster, Colorado. He can be reached at 303-424-5578 or,Kyle.Duitsrnan@intertek.com. Mr. Duitsman has the authority to submit this proposal on behalf of PSI and bind the firm in a formal agreement Weld Coutnty. We hope to be able to work with you on this project and hope to hear from you soon. Should you have any questions related to this letter or our qualifications please do not hesitate to contact us. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Kyle R. Duitsman, P.E. Site Manager -Principal Consultant Donna J. Off, P.E. Project Manager inter tek WELD COUNTY BID NUMBER #B2000096 Firm Fintarr tfi company name: Professional Service Industries, Inc. (PSI) point of contact: Kyle R. Duitsman, P.E. O: 303-424-5578 F: 303-423-5625 M: 303-877-9625 Kyle.Duitsrnan@intertek.com number of years in business 46 years under the PSI name Over 28 years in Colorado office location: 1070 W 124th Ave, Ste. 800 Westminster, CO 80234 service fines/ niche-. Construction Materials Testing Geotechnicat Engineering, Environmental Consulting type of bus nes Corporation 1972 (Year incorporated) a principals of firm: Steve Bryant, PE Christopher Humphreys, PE Dave Sabot, PE Professional Service Industries, Inc. (PSI), an Intertek company, is a nationally recognized consulting engineering and testing firm providing integrated services in several disciplines, including environmental consulting, geotechnical engineering and construction materials testing. PSI began in Colorado 1992 at the Denver International Airport and opened a full-time office in 1995. We have serviced Colorado and several surrounding states for over 28 years. We maintain a full -service office and accredited laboratory at 1070 West 124th Avenue in Westminster, Colorado. This office will be used as the primary location to service Weld County and is where our proposed staff is located. Our office/lab is located 50 miles from Weld County and coordination with our staff from this location will be prompt. PSI has been providing business and industry with objective, accurate and useful information for more than 100 years. Today, we employ approximately 2,200 skilled personnel in 89 offices nationwide. Further illustrating our depth of operations, PSI merged with Intertek in 2015, a global provider of quality solutions. With a network of more than 1,000 laboratories and offices in more than 100 countries, Intertek provides auditing, inspection, testing, training, quality assurance and certification by improving the quality and safety of products, assets, and processes. PSI has a proven reputation for a commitment to value and quality, and our dedication to our clients is unparalleled in the industry. We will provide all the technical support and information to meet the needs of the County, for this material testing scope of services. PSI believes that Qlaity must tier� ��e#,.. t does nOt just happen. It must be earned, the old-fashioned way. • INTERTEK-PSI i MATERIALS TESTING SERVICES Page 12 ntertek WELD COUNTY BID NUMBER #B2000096 We recognize that Weld County's project requires a team of thoroughly experienced and technically competent construction materials testing and special inspectors to ensure the successful completion of the project. For this reason, we have selected the following project team from our best engineers and managers to supervise and direct our on -site personnel. PSI will utilize the same supervision and management personnel for the duration of the project. We will work closely with the project construction team to ensure staffing needs are always met. Whether that is additional resources or fewer, our staff will remain flexible as needed. Following is a proposed organization chart for this project. Weld County Intertek PSI Materials Testing & Inspection Services Donna J. Off, PE Project Mottoge•r Duitsman, Pt Site Manager Y ` 4.0 ...M ...Ir — •'ca ♦ / /u Sib fib. 0;7- David Mohrbach, ICC Engineering Tech Doug Brusoe, CWI Steel Inspector Francisco Boyer Engineering Tech Tadd Hajek, ACI • Sr. Laboratory Tecch I T E TEK PS! I MATERIALS TESTING SERVICES Page 1 3 intertek WELD COUNTY BID NUMBER #B2000096 Firm Experience PSI has extensive knowledge and expertise in the technical areas of geotechnical engineering and materials testing. PSI has a proven reputation for a commitment to value and quality, and our dedication to our clients is unparalleled in the industry. We will provide all the technical support and information to meet the needs of Weld County. PSI's materials testing technicians are registered PE's in the state of Colorado. Our field and laboratory technicians are trained in-house and at special schools and seminars. Our project managers and technicians are certified by associations such as the following and work with other specialized organizations within each discipline. Certifications of field and lab staff responsible for conducting tests for this project are included at the end of this submittal. • . . a . . . • . • • American Concrete Institute (ACI) National Institute for the Certification of Engineering Technicians (NICET) American Welding Society (AWS) International Code Council (ICC) International Fire Council (IFC) Western Alliance for Quality Transportation Construction (WAQTC) Post Tension Institute (PTI) Floor Flatness/Floor Levelness (FACE) Colorado Asphalt Pavement Association (CAPA) / LABCAT Colorado Department of Transportation (CDOT) ASTM E329 Accredited Laboratory - Accredited through an outside national evaluation agency, the AASHTO Materials Reference Laboratory (AMRL) and the US Army Corp of Engineers. PSI's Westminster Office has the capabilities, experience, and bandwidth to perform all items listed in the Scope of Work and we will respond to requests for services in less than 24 hours. We will submit our work product on or ahead of schedule and will be available to the project in a prompt manner. The quality of our service will meet or exceed your expectations. We will maintain a high level of communication such that all parties are always well informed about project status. This will be done verbally, by use of electronic mail and onsite cell phones. We will provide practical solutions to problems. Our personnel are cross -trained in more than one service area, adding to our ability to provide a depth of qualified and technical staff. As an extension of your staff, we will communicate and work together to complete successful projects. Summary of Staff Qualifications, Licenses, & Certifications PSI is unique in our ability to assemble a project team comprised of experienced, competent and dedicated personnel. We are in an excellent position to provide environmental consulting, geotechnical engineering and materials testing services to support Weld County. We anticipate no problems in devoting personnel, equipment and financial resources to this contract. The individuals identified in this proposal are available for immediate assignment. Complete resumes for each of these individuals are included at the end of this submittal. IN FRTEKaPSI I MATERIALS TESTING SERVICES Page 14 intertek I I WELD COUNTY BID NUMBER #B2000096 Kyl R. Duitsman, P.E. (Project Principal) Co P.E. #42136 Mr. Duitsman is a Professional Engineer with experience managing and designing a variety of projects in Colorado, Wyoming, New Mexico, Nebraska, Kansas, Iowa and California. His projects range from various federal and municipal projects to commercial and design -build projects. Mr. Duitsman has specific experience in shallow and deep foundation design, geotechnical and construction materials laboratory besting, subsurface investigation and evaluati:.;n, construction management, construction material testing, and Special Inspections. He is a PSI Principal Consultant for construction services. Currently Mr. Duitsman is responsible for overall operations at the Westminster, Colorado office. Donna J. Off, P.E. (Project Manager) CO P.E. #37164 Ms. Off is a Professional Engineer with more than 27 years of experience managing and working on a variety of projects within Colorado, Wyoming, Nebraska, and New Mexico. Her project experience includes Federal and State highway construction, airport construction, large buildings, commercial buildings, school and hospital buildings, hotels and single-faily homes. She is currently responsible for project management and laboratory management at PSI's Westminster, Colorado facility. She will provide overall day-to-day management and oversight of the technicians and inspectors, and will be responsible for reports, invoicing, project meetings and contract administration. Ms. Off's certifications include Project Manager Certification Program, PSI, Inc., Radiation Safety Officer Workshp, PSI, Inc., Nuclear Density Gauge Certification, PSI, Post -Tensioning Institute (PTI) Level 1 & 2 Unbonded PT, ACI Concrete Feld -Testing Technician Gr. I, Colorado Asphalt Pavers Association LabCat Levels A, B, C, and I, OSHA 24- nour Hazwoper, Railroad Roadway Worker Protection, and Denver 3rd party Public School Fire Inspector. Thomas Buck, (Engineer ng _ fechnkian ODll Mr. Buck graduated from the University of Colorado in Boulder with a degree in Civil Engineering arc has passed the fundamentals of Engineering. He has more than five years of engineering technician experience in the field and laboratory providing materials testing and inspection services on numerous projects. He has performed concrete, asphalt and soil testing and performed special inspections of concrete, masonry, reinforcing steel and post tension construction. Mr. Buck has been involved in projects including healthcare, roadway, commercial, multifamily, higher education and a variety structures for private and government agencies. He is certified in ACI Concrete Field Testing, ACI Siren:,: h, ACI Aggregate 1, ACI lab 1, ICC Reinforced Concrete, ICC Masonry, and IPSO Nuclear Gauge. D wid liVtehrbach, ICC (Certified Spada_ Inspector IDU Mr. Mohrbach has more tian 11 years of engineering technician experience providing materials testin and inspection services in the field. He has performed concrete, asphalt, and soil testing on nu serous projects. In addition, Mr. Mohrbach has performed special inspections during masonry constructin and for spray -applied fireproofing. He is certified through ACI Concrete Field -Testing Technician Grade 1, PSI Nuclear Density Gauge, P•Dst-Tensioning Institute (PTI) Level 2 Unbonded PT, FACE Flo r Flatness/Floor Levelness, ICC Reinforced Concrete Special Inspector, and CAPA A. Mr. Mohrbach is also•; an approved 3rd Party Inspector with the State of Colorado. �.7 Francisco © ; er, ACO (Engineering Technician) Mr. Boyer has performed construction materials testing and inspection on numerous projects including reinforcing steel, masonry, floor flatness floor levelness, post -tensioned concrete, concrete, soils and asphalt testing. Mr. Boyers certifications include ACI Field Testing Technician Grade 1, Postrension Institute Level 2, PSI Special Inspector Masonry, PSI Nuclear Density Gauge, and Flosr Flatness/Floor Levelness, PSI. I TER EK PSI ( MATERIALS TESTING SEMMOCES Page I 5 intertek WilrbpassinosaThWIStaitolgeOf WELD COUNTY BID NUMBER #B2000096 Doug Brusoe, CWI (Certified Welding Inspector / Special Inspector) Mr. Brusoe has more than 22 years of structural steel inspection experience for welded and bolted connections. In addition, Mr. Brusoe has performed special inspections during construction phase on structural concrete and masonry, as well as spray -applied fireproofing and thin film fireproofing. He is certified in: Associate Degree: Networking Specialist, AWS Certified Welding Inspector 11081091, Weld Fundamental/Code Certificate, AWS D1.1, Weld Inspection Practical Certificate, AWS D1.1, ISO 9001: 2008, SNT-TC-1A Magnetic Particle Level 1 and SNT-TC-1A Ultrasonic Inspection Level 1. Tadd E. Hajek (Laboratory Manager) Mr. Hajek has performed testing of asphalt, concrete, and soil in the laboratory on numerous projects. Performance of his work has been based on the criteria set out the specifications of municipal, state and federal jurisdictions. Mr. Hajek has performed testing of hot mix asphalt, aggregates, soils, erosion control, and concrete. He has performed special inspection during construction of masonry, reinforcing steel, waterproofing, drilled caissons, erosion control and post tension construction. He has worked for several high -profile clients, including Lockheed Martin Space Systems, UCHeaith and several municipalities. Mr. Hajek's responsibilities have included laboratory certification testing, maintaining AASHTO and CDOT standards in field laboratories, collecting and tabulating test result data, supervision of field and laboratory personnel, creating, implementing and training others to use new procedures. He is certified in ACI Field Level 1, ACI Laboratory Level 1 & 2, ACI Aggregate Testing, ACI Strength of Materials, ACI Concrete Strength, ACI SCC Technician, Precast Concrete Tech Level 1 & 2, CAPA A, B, C, and NICET Soils Level 1. Time Commitment We recognize that Weld County's project requires a team of thoroughly experienced and technically competent construction materials testing and special inspectors to ensure the successful completion of the project. For this reason, we have selected this project team from our best engineers and managers to supervise and direct our on -site personnel. PSI will utilize the same supervision and management personnel for the duration of the project. We will work closely with the project construction team to ensure staffing needs are always met. Whether that is additional resources or fewer, our staff will remain flexible as needed. Employee Kyle R. Duitsman, P.E. Donna J. Off, P.E. Thomas Buck, ICC David Mohrbach, ICC Doug Brusoe, CWI Francisco Boyer Other Engineering Techs Support Engineers Position Project Principal Project Manager Sr. Eng. Technician Engineering Tech Steel Inspector Engineering Tech This Project 10% 50% 100% 25% 20% 25% 10% 10% Other Projects 90% 50% 0% 75% 80% 75% 90% 90% INTER T EK-PSI MATERIALS TESTING SERVICES Page 1 6 intectek Istowa.OA ''Y�. ?i i1C tuatu S amverMgritMe _ _ - 6.twutu. iibs t WELD COUNTY BID NUMBER #B2000096 Current Workload Nationally, PSI is a $200 million a year company and have been providing geotechnical engineering services, and construction materials testing services and solutions since 1881. The Westminster office has provided geotechnical engineering, construction materials testing, and environmental services for over 28 years in Colorado. Our Westminster office has a staff of just over 40 employees. With only 6 of our staff assigned to this contract we have substantial capacity to meet any projects needs at a moment's notice. Furthermore, our staff is well versed in construction materials testing and consulting with full capability to meet your project needs. PSI's Westminster Office has the capacity to perform over $5 million in net fees per year. Currently, our anticipated backlog through 2020 is approximately $2.7 million. Thus, we have the capacity and bandwidth to take on a contract of this size. In addition, PSI recently completed services on the UCHealth Highlands Ranch project, and the Boulder Pearl Place Google project, freeing up several staff members and resources. Our project team and resources can be fully available to Weld County for this project immediately and for the scheduled duration of the project. PSI will provide the necessary resources to ensure our services are provided in a timely manner to meet the established schedule. We understand time is critical on all projects, and we will provide the necessary resources to meet Weld County's goals for the life of the contract. As previously outlined, the contract will be staffed on a dedicated basis so that no interruption of continuity will be experienced. Mr. Duitsman will be the Project Principal responsible for all projects. Ms. Off will be the project manager and the point of contact for the scheduling contractor. Staff and resources will be made available to the projects as needed. However, our inspectors and engineers will be dedicated to the project, thus keeping a continuous line of communication with Weld County and the design and construction teams. Ms. Off will provide, at a minimum, weekly updates on progress of services as they track towards due dates. For example, Ms. Off will provide a summary of information collected, any identification of items of concern, preliminary recommendations, and an update on the schedule progress. PSI proposes to perform the required construction materials testing services in-house and in accordance with the project plans, specifications, Weld County standards and requirements. Once construction documents have been reviewed, these services can be discussed in detail, however, based on the Weld County's RFP and Scope of Work. PSI will perform materials testing services during the construction phase of Weld County projects. These are to include: Provide materials testing and special inspections as required by specifications. Monitor test results and report any failing results to the general contractor and owner. Track test results to ensure ail testing has been completed and accepted. Provide documentation of acceptance of test results and inspections for submission to the Weld County Planning & Building department as required for issuance of certificate of occupancy. PSI can cover the entire scope of the RFP and will not need to use a subcontractor. 1NTER1 EK-PSI I MATERIALS TESTING SERVICES Page ( 7 B. Qualifications which shall include: 1) Key staff members training, qualifications certifications and licenses. 2) Current workload, organizational depth and ability to deliver the necessary the project's timeframe. 3) Completeness of the response to this Bid. FEES Complete the fee proposal below for your bid. If you have additional fees, provide attachments detailing those fees. If additional tests are requested during this project, the price per test identified will be the rate. of Unit Public Works Evidence storage Cost test per Type Test Total Quantity Quantity . Earthwork observations and testing a. Proctor tests EA 2 2 $95 $380 b. Compaction tests (3 tests per trip) 5 10 $144 $2160 Trips 2e Excavation observations a. based Bearing on material 3 hours) observation. is Trips 1 1 $144 $288 (Trip 3. Re anchor -enforcing observations steel / embedded a. based Foundation on 3 rebar observations hours) is 3 3 $144 $864 (Trip Trips b. is Post installed based on 3 hours) expansion anchors (Trip Trips 0 2 -= $288 BID REQUEST #62000096 Page 11 c. Post based installed on 3 hours) adhesive anchors (Trip is Trips 0 2 $144 $288 4. Concrete testing • a. include cylinders, standard Fresh slump, concrete compressive intervals.) air testing. entrainment, (Each strength test temp., tests to 5 at Tests 3 5 $19 $1536 c. Structural Masonry inspections Hourly 10 18 I $48 $1344 d. Masonry inspections EA I 10 16 $48 $1248 e. Grout tests EA 1 2 575 $225 g. Mortar tests EA 1 21 $90 $1980 h. Prisms EA 1 . 1 5225 $450 5e Structural steel welded _.. ___ ___ __ _...._..._._._.._.....__.. a. Structural connections steel welded and bolted Hourly 3 . . 4 $75 $525 b. Steel inspector. Nondestructive testing Test 1 1 $75 $150 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 2 2 $48 $192 . w .. BID REQUEST #B2000096 Page 12 c. Gradation Test 1 1 $65 $130 , u 7. Reports and engineering . _ a. Compliance shall pricing Reports be shown included and summary. engineering above.) in the (All hourly with test or reports test EA 1 1 $55 $110 Grand $12158 Total Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: 5 % Per Year BID REQUEST #B2000096 Page 13 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. #B2000096. 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 Professional Service Industries, Inc. (PSI) BY Kyle R. Duitsman, PE (Please print) BUSINESS ADDRESS 1070 W 124th Avenue, Suite 800 DATE 3/(4/Zo2 o CITY, STATE, ZIP CODE Westminster, Colorado 80234 r!! TELEPHONE NO 303-424-5578 FAX 303-423-5625 TAX ID # 37-0962090 SIGNATURE E-MAIL Kyle.Duitsman@intertek.com **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 NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1- 8. ATTEST: ,A,/ W JLD•elk BOARD OF COUNTY COMMISSIONERS Weld ' ou - Cler_to th- Bo: rd WELD COUNTY, COLORADO BY: Mike Freeman, Chair APR 2 0 2020 BID REQUEST #B2000096 Page 14 l intertek ENVIRONMENTAL CONSULTING GEOTECHfVICAL ENGINEERING CONSTRUCTION MATERIALS TESTING & INSPECTION INDUSTRIAL HYGIENE SERVICES NONDESTRUCTIVE EXAMINATION BUILDING SCIENCE SOLUTIONS PAVEMENT EVALUATION SERVICES SPECIALTY ENGINEERING & TESTING SERVICES Kyle R. Duitsman, PE Professional Service Industries Inc., (PSI) Site Manager 1070 W 124th Avenue, Suite 800 Westminster, Colorado 80234 Phone # 303-424-5578 Kyle.Duitsman@intertek.com www.intertek.com/building ».,,:....n.,n.....V,t.: TOTAL QUALITY. ASSURED. Intertek Total Quality Assurance expertise, delivered consistently with precision, pace and passion, enabling our customers to power ahead safely. ACG1R I CERTIFICATE OF LIABILITY INSURANCE ATE DD/Y I 04/07/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA Inc. 2929 Allen Parkway, Suite 2500 Houston, TX 77019 Attn: Houston.Certs@Marsh.com CN102792561-(2)-Pol-19-20 CONTACT ON: PH PHONE FAX (A/C, No, Ext): (NC, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Zurich American Insurance Company 16535 INSURED Testing Holdings USA, Inc. Intertek USA, Inc. dba Intertek Caleb Brett 200 Westlake Park Blvd. Westlake Building 4, Suite 400 Houston, TX 77079 INSURER B : Greenwich Insurance Company 22322 INSURER C : American Guarantee & Liability Ins Co 26247 INSURER D : XL Specialty Insurance Company 37885 INSURER E : Navigators Insurance Company 42307 INSURER F : COVERAGES CERTIFICATE NUMBER: HOU-003635255-01 REVISION NUMBER: 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WWILIMITS W POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY GLO541569306 10/01/2019 10/01/2020 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 5,000,000 GENERAL AGGREGATE $ 10,000,000 GEN'L X AGGREGATE LIMIT APPLIES POLICY PRO- JECT OTHER: PER: LOC PRODUCTS - COMP/OP AGG $ 5,000,000 $ B AUTOMOBILE X X X LIABILITY ANY AUTO OWNED x , SCHEDULED AUTOS NON -OWNED AUTOS ONLY RAD943781303 10/01/2019 10/01/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE AUC541569406 Excess of General Liability and Excess of Navigators. 10/01/2019 10/01/2020 EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 $ DED I RETENTION $ D D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N / A RWD300119303 (AOS) RWR300119403 (W) 10/01/2019 1010112019 10/01/2020 10/01/2020 X PER STATUTE ETH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ E Excess Liability CH19EXR854752IV Excess of Auto and Employers Liab. 10/01/2019 10/01/2020 Each Occurrence General Aggregate 4,000,000 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County Purchasing Department is included as additional insured (except as respects all coverage afforded by the Workers' Compensation and Professional Liability policies) as required by written contract. Weld County Purchasing Department are included as Additional Insured (except as respects all coverage afforded by the Workers' Compensation and Professional Liability policies) and granted a Waiver of Subrogation as required by written contract. This insurance (except Workers' Compensation and Professional Liability) is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. CERTIFICATE HOLDER CANCELLATION Weld County Purchasing Department Christie M. Peters 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 of Marsh USA Inc. Manashi Mukherjee ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102792561 LOC #: Houston ACRD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Marsh USA Inc. NAMED INSURED Testing Holdings USA, Inc. Intertek USA, Inc. dba Intertek Caleb Brett 200 Westlake Park Blvd. Westlake Building 4, Suite 400 Houston, TX 77079 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Contractor's Pollution Liability Policy #: CPO16503597 Carrier: AIG Specialty Insurance Company - NAIC #26883 Effective Dates: 10/01/2019 -1010112020 Limit of Liability: $5,000,000 Coverage A Each Loss $250,000 Coverage B Each Loss $10,000,000 Aggregate Deductible: $100,000 Each Loss Named Insured Includes: Intertek USA, Inc. Intertek USA, Inc. dba Pilot Plant Services fka Intertek USA, Inc. dba Intertek PARC Testing Holdings USA, Inc. Intertek USA, Inc. dba Caleb Brett USA, Inc. Intertek USA, Inc. dba Caleb Brett Intertek Asset Integrity Management, Inc. Intertek USA, Inc. dba Intertek LMS Intertek USA, Inc. dba Kelley Completion Services Intertek USA, Inc. dba Intertek Pilot Plant Services Intertek USA, Inc. dba Intertek Westport Technology Center Intertek USA, Inc. dba V.I.P. Cargo Surveys Intertek USA, Inc. dba Intertek AIM Global X -Ray & Testing Corporation Architectural Testing, Inc. Intertek Technical Services, Inc. Intertek Testing Services NA, Inc. Hi -Tech Testing Services, Inc. Wilson Inspection X -Ray Services, Inc. Professional Service Industries, Inc. Professional Services Industries ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form New Contract Request Entity Information Entity Name* PROFESSIONAL SERVICE INDUSTRIES INC Contract Name* MATERIALS TESTING Contract Status CTB REVIEW Contract Description* MATERIALS TESTING SERVICES Contract Description 2 Contract Type* CONTRACT Amount * $12,151;_00 Renewable * YES Automatic Renewal Grant Entity ID* @00030206 Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov_+ca m Department Head Email C'M-BuildingGrounds- DepiHead@weldgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY@WELD GOV.COM ❑ New Entity? Contract ID 3508 Contract Lm SGEESAMAN Contract L Email sgeesaman@co_weld.co.us us Requested BOCC Agenda Date* 04406112020 Parent Contract ID Requires Board Approval YES Department Project # Due Date 041021'2020 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 OnSase Contract Dates Effective Date Review Date * Renewal Date* 04/01/2021 04/01/2021 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Email Contact Phone T Contact Phone 2 Contact Name Contact Type Purchasing Approver Approval Process De H TOBY TAYLOR DH Approved Date 04108/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04120/2020 Originator SGEESAMAN Finance Approver BARB CONNOLLY Finance Approved Date 04/09/2020 Tyler Ref # AG 042020 Legal Counsel BOB CHOATE Legal Counsel Approved Date 04/13/2020 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 March 24, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Materials Testing Services — Bid 2000096 As advertised this bid is for building materials testing services on various construction projects. The low bid from Professional Service Industries Inc. meets specifications. Therefore, Buildings & Grounds is recommending awarding to Professional Service Industries Inc. in the amount of $12,158.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director .0- D9? g '8G ©©,2 WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpeters(a�weldgov.com E-mail: reverett@weldgov.com E-mail: rturf(c�weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: MARCH 18, 2020 REQUEST FOR: MATERIALS TESTING SERVICES DEPARTMENT: BUILDINGS & GROUNDS BID NO: #62000096 PRESENT DATE: MARCH 23, 2020 APPROVAL DATE: APRIL 6, 2020 VENDOR PROFESSIONAL SERVICE INDUSTRIES, INC (PSI) 1070 W 124TH AVE, STE 800 WESTMINSTER, CO 80234 KUMAR & ASSOCIATES, INC. 800 STOCKTON AVE, #4 FORT COLLINS, CO 80524 TERRACON CONSULTANTS, INC. 1289 1ST AVE GREELEY, CO 80631 GROUND ENGINEERING CONSULTANTS, INC. 2468 E 9TH ST LOVELAND, CO 80537 CTL I THOMPSON, INC. 400 NORTH LINK LANE FORT COLLINS, CO 80524 ANNUAL TOTAL ESCALATION % $12,158.00 5% $16,170.00 3% $19,529.00 2.5% $20,230.00 3% $23,120.00 3% THE DEPARTMENT OF BUILDINGS & GROUNDS IS REVIEWING THE BIDS. 2020-0958 05/A3 Hello