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Home My WebLink About20240116.tiffConttact- i'Dif 39 (00 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS AROUND TITLE: Renewal of Environmental Services Contract DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi, Don Dunker, Curtis Hall DATE: December 16, 2024 Brief description of the problem/issue: On February 12, 2024 Weld County entered into a one (1) year professional services agreement (Original Contract) with Tiglas Ecological Services (TES) to provide on -call environmental support services for Public Works projects. The Original Contract indicates that at the option of Weld County, it may be extended for up to two (2) additional years., TES has provided professional and timely environmental support services for Public Works projects under the Contract and did not exceed the $105,000.00 contract amount. TES has provided an updated Exhibit A showing the 2025 hourly and mileage rates. The TES hourly rates are within the 2.0% cost adjustments from the Denver, Aurora, and Lakewood Consumer Price Index for November 2024. What options exist for the Board? 1) Approve the renewal of the original contract and allow it to be placed on the next available agenda. 2) Ask for a work session to get additional information regarding the contract. Consequences: If the contract is not renewed, projects that are in the process of being designed will be delayed due to the fact the project environmental permits and clearances are not available. Impacts: If the contract is not renewed, Public Works will have to go out for bid for environmental services. The procurement process to go out to bid will delay design projects that need the environmental services by approximately 3 to 4 months. Costs (Current Fiscal year / Ongoing or Subsequent Fiscal Years): The contract renewal will be for $115,000.00. Public Works has budgeted $115.000.00 in the 2025 budget for the environmental services contract. Recommendation: Public Works staff recommends renewal of the Original Contract beginning February 12, 2025 and ending February 12, 2026. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman m r Scott K. James Kevin D. Ross , Chair v* Lori Saine ton.3011- I2/30/Zq cc:on bcte (R4 IZ/30/Z4 Zc 2M-011 e6ioO2Z MEMORANDUM TO: Esther Gesick, CTB DATE: December 20, 2024 FROM: Clay Kimmi, P.E., Public Works SUBJECT: On -call Environmental Services Contract Renewal for Tiglas Ecological Services. Please place the attached contract renewal on the BOCC consent agenda for an upcoming 9 am hearing. The contract renewal is for the On -call Environmental Services Contract that was awarded to Tiglas Ecological Services by the BOCC on February 12, 2024. The original OnBase contract id is 7800 and the original document number is 2024-0116. The contract id for the renewal is 8960. The Board previously approved the contract to be placed on the agenda via a pass around that was returned on December 19, 2024. The contract is for an amount not to exceed $115,000. The contract amount is also included in the 2025Public Works budget. I will plan on attending the meeting to answer any questions. Page 1of1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND TIGLAS ECOLOGICAL SERVICES This Agreement Extension/Renewal ("Renewal"), made and entered into 30 day of PeC'QIY1b21.20 4 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Tiglas Ecological Services, 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. 2024-0116, Contract ID No. 7800, approved on February 12, 2024. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for the first renewal of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement will end on February 12, 2025. The parties agree to extend the Original Agreement for a one (1) -year period, which will begin February 12, 2025 and will end on February 12, 2026. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Exhibit A has been updated to reflect the 2025 hourly rates. 2. There are no changes being made to the Contract Documents. 3. The total anticipated cost for the period from February 12, 2025 to February 12, 2026 is $115,000. 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: Tiglas Ecological Services --1-7las "77-3 !as ECo la�raeQ Dal- A '. SekvI`Ces Printed Name Eakst z} Kevin D. Ross, Chair atAe _0(, • l y CV I . �� CLO , Signatur aktP l BOARD OF COUNTY COMMISSIONERS WELD COUN , 6 ATTEST: ,404/13 Weld County Clerk to the Board the Board DARCY A. TIGLAS 5015 Swainsona Drive Loveland, Colorado 80537 970-635-9183 (H) 970-222-2151 (C) December 12, 2024 Mr. Clay Kimmi, P.E. Weld County P.O. Box 758 Greeley, Colorado 80632 RE: Weld County On -Call Environmental Services Contract Rate Sheet for 2025 Dear Mr. Kimmi: Below please find the 2025 rates for the Tiglas Ecological Services team in support of the Weld County On - Call Environmental Services Contract. Hourly Rates: Darcy Tiglas, Biologist $61.20/hour Kelsey Bibo, Cultural and Historic Resources $86.70/hour Mileage (in excess of formal project travel) $0.67/mile The above rates include vehicle, computer, and phone expenses that are incurred with each project. Proposals will be fixed cost for individual projects with total actual task costs presented or not to exceed costs. If you have any questions, or require additional information, please feel free to call me at 970-635-9183 or 970-222-2151. Sincerely, aui,t,(a.c4t-Tea,„ Darcy A. Tiglas, Biologist Tiglas Ecological Services Clire U.S. BUREAU OF LABOR STATISTICS r Bureau of Labor Statistics > Geographic Information > Mountain -Plains > News Release Mountain -Plains Information Office Search Mountain -Plains Region Go Mountain -Plains Home Mountain -Plains Geography Mountain -Plains Subjects Mountain -Plains Archives Contact Mountain -Plains News Release Information 24-2531-KAN Wednesday, December 11, 2024 Contacts Technical information: (816) 285-7000 BLSInfoKansasCityci bls.qkov www.bls.gov/regions/mountain-plains Media contact: (816) 285-7000 Related Links CPIOverview Table -11.S. and areas CPI Detailed Tables - Mountain Plains CPI Chart Package Area Economic Summaries Annual Average Percent Changes - U.S., St. Louis, and Denver -Aurora -Lakewood Consumer Price Index, Denver -Aurora -Lakewood area — November 2024 Area prices rose 0.2 percent in October and November, up 2.0 percent over the year Prices in the Denver -Aurora -Lakewood area, as measured by the Consumer Price Index for Al Urban Consumers (CPI -U), increased 0.2 percent for the two months ending in November 2024, the U.S. Bureau of Labor Statistics reported today. Assistant Commissioner for Regional Operations Michael Hirniak noted that the all items less food and energy index rose by 0.8 percent in October and November. The food index was up 0.9 percent, while the energy index was down 8.9 percent over the past two months. (Data in this report are not seasonally adjL steel. Accordingly, bi-monthly changes may reflect seasonal influences.) Over the last 12 months, the CPI -U advanced 2.0 percent. The index for all items less food and energy increased 2.5 percent over the year, and the food index rose 3.6 percent. Energy prices declined 8.1 percent, largely the result of a decrease in the natural gas service index. (See chart 1 and table 1.) Chart 1. Over -the -year percent change in CPI -U, Denver -Aurora -Lakewood, CO, November 2021 -November 2024 Percent change 10.0 9.0 8.0 70 60 5.0 4.0 30 2.0 1.0 00 i 1 1 i 1 1 1 1 1 1 1 1 1 i 1 I t Nov 2021 All (ems All items less food and energy Jan Mar May Jul Sep Source. U S Bureau of Labor Statistics Nov 2022 Jan Mar May Jul Sep Nov Jan 2023 Mar May Jul View Chart Date Sep Nov 2024 Food Food prices increased 0.9 percent for the two months ending in November. Prices for food at home (grocery store prices) rose 1.4 percent, and prices for food away from home (restaurant, cafeteria, and vending purchases) advanced 0.3 percent for the same period. Within the food at home category, the indexes for dairy and related products (+4.5 percent), nonalcoholic beverages and beverage materials (+3.9 percent), and fruit and vegetables (+2.2 percent) contributed to the rise. A 1.1 -percent dedine in the index for cereals and bakery products partially offset increasing prices. Over the year, food prices advanced 3.6 percent, mainly driven by a rise in the index for food away from home, which increased 5.6 percent. Prices for food at home advanced 1.7 percent, with the indexes for other food at home (+2.0 percent) and meats, poultry, fish, and eggs (+1.9 percent) contributing most to the 12 -month change in the index. Energy The energy index fell 8.9 percent for the two months ending in November. The decline was mainly due to lower prices for gasoline (-13.9 percent). Prices paid for electricity and natural gas service also decreased over the two -month period. From November 2023 to November 2024, energy prices declined 8.1 percent. This decrease was due to a combination of a decline in the natural gas service index and a 5.5 - percent decrease in the gasoline index. The index for electricity also fell over the year. All items less food and energy The index for all items less food and energy increased 0.8 percent in the latest two -month period. Higher prices for public transportation, owners' equivalent rent of residences (+0.6 percent), and lodging away from home were partially offset by lower prices for education and communication (-1.5 percent), recreation (-1.3 percent), and rent of primary residence (-0.8 percent). Over the year, the index for all items less food and energy rose 2.5 percent. Components contributing most to the advance induded owners' equivalent rent of residences (+1.7 percent), other goods and services (+7.0 percent), and rent of primary residence (+1.9 percent). The January 2025 Consumer Price Index for the Denver -Aurora -Lakewood area is scheduled to be released on Wednesday, February 12, 2024. Notice Regarding Ceasing Publication of Utility Indexes With the publication of January 2025 data in February 2025, several indexes and average price series will be discontinued, and one index title wii.l change. The following CPI indexes will continue to be published at the national level, but will be discontinued for all metropolitan areas, census divisions, and regional size classes: Electricity Utility (piped) gas (often referred to as natural gas) Energy services Fuels and uti;ities Household energy The following CPI average price series will continue to be published at the national level, but will be discontinued for all metropolitan areas, census divisions, and regional size dasses: 1' Electricity per KWH Utility (piped) gas per therm Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Consumer Price Index for Denver is published bi-monthly. The set of components and sub -aggregates published for regional and metropolitan indexes is more limited than at the U.S. city average level; these indexes are byproducts of the national CPI program. Each local index has a much smaller sample size than the national or regional indexes and is, therefore, subject to substantially more sampling and other measurement error. As a result, local -area indexes are more volatile than the national or regional indexes. In addition, local indexes are not adjusted for seasonal influences. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Denver -Aurora -Lakewood, CO, Core Based Statistical Area is comprised of Adams, Arapahoe, Broomfield, Clear Creek, Denver, Douglas, Elbert, Gilpin, Jefferson, and Park counties in Colorado. Refer to the national CPI news release technical note or the Handbook of Methods for more information. Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: (202) 691-5200; Telecommunications Relay Service: 7-1-1. Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods, Denver -Aurora -Lakewood, CO (1982-84=100 unless otherwise noted) Indexes Percent change from - Item and Group Sep. 2024 Oct. 2024 Nov. 2024 Nov. 2023 Sep. 2024 Oct. 2024 --1 All Items 329.379 - 330.160 2.0 0.2 All items (1987 = 100) 1,098.340 ` - 1,100.946 Food and beverages 305.537 - 307.912 3.4 0.8 - Food 313.415E -i 316.126 3.6 0.9 - Food at home 278.347 277.333 282.229 1.7 1.4 1.8 Cereals and bakery products 342.149 339.018 338.277 2.9 -1.1 -0.2 Meats, fish, eggs 281.846 267.444 282.813 1.9 0.3 5.7 poultry, and .- -- , Dairy and related products 226.212 238.296 236.373 1.1 4.5 -0.8 Fruits and vegetables 317.673 323.098 324.592 0.0 2.2 0.5 Nonalcoholic beverages and beverage materials() 184.9651 190.301 192.101 2.7 3.9 0.9 Other food at home 254.091 252.379 256.643 2.0 1.0 1.7 Food away from home 362.634 - 363.822 5.6 0.3 Alcoholic beverages 235.253 - 234.849 1.5 -0.2 - Housing ' 334.868 - 335.694 0.9 0.2 - Shelter 391.510 394.358 393.691 1.7 0.6 -0.2 Rent of primary residence 413.315 412.623 410.167 1.9 -0.8 -0.6 Owners' equivalent rent of residences(?) 387.8181- 391.493 389.997' 1.7 0.6 -0.4 Owners' equivalent rent of primary residence(?) 387.818 391.493 389.997 1.7 0.6 -0.4 Fuels and utilities - - - - - - Household energy - - l - - 1 - - Energy services - a - - - - - -. - Electricity - _ - - - - - Utility (piped) gas service - - - - I Household furnishings and operations 144.354 -i 143.640 1.0 -0.5 , - Apparel 111.926 - 112.430' -2.2 0.5 - Transportation 338.896 - 340.319 5.4 0.4 - Private transportation 349.189 - 342.415 5.2 -1.9 FNew and used motor vehicles@) 133.590 - 135.052 2.1 1.1 New vehiclesw 257.161 - 257.407 0.2 0.1 - Used cars and trucks) 354.559 - 358.7831 -2.3 1.2 - Motor fuel t 291.255 273.781 251.337 -6.3 -13.7 -8.2 Gasoline (all types) 288.513 270.320 248.289 -5.5 -13.9 -8.1 Gasoline, unleaded regular(4) 279.735 261.432 239.015 -5.9 -14.6 -8.6 -7.2 Gasoline, unleaded midgrade(JU 287.130 270.028 250.670 -4.5 -12.7 Gasoline, unleaded premium(4) 318.254 300.887 280.895 -3.9 -11.7 -6.6 Medical care _ 719.2771 - 728.145 -1.0 1.2 RecreationQ 186.163 - 183.764 1.9 -1.3 - Education and communicationO 133.452 - 131.466 2.0 -1.5 -1 Tuition, other school fees, and childcare( 1,254.765 - 1,246.240 3.7 -0.7 - Other goods and services 461.913 - 466.115 7.0 0.9 - Commodity and service group Commodities 212.732 - 210.779 1.1 -0.9 - -1.91 - Commodities less food and beverages 168.599 - 165.388 -0.31 -3.6 - Nondurables less food and beverages 211.176 - 203.565 -0.1 Durables 128.853 - 128.462 -0.6 -0.3 - - Services 433.765 - 436.980 2.5 0.7 - Special aggregate indexes (1) Indexes on a January 1978=103 base. (2) Indexes on a November 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Index on a December 1993=103 base. - Data not available. Item and Group Indexes Percent change from - Sep. 2024 Oct. 2024 Nov. 2024 Nov. 2023 Sep. 2024 Oct. 2024 All items less shelter 299.890 - 299.955 2.3 0.0 - All items less medical care 311.248 - 311.735 2.3 0.2 - Commodities less food 171.279 - 168.157 -0.2 -1.8 - Nondurables 258.723 - 255.580 1.9 -1.2 - Nondurables less food 212.747 - 205.752 0.0 -3.3 - Services less rent of shelter(?) 487.634 - 492.395 3.6 1.0 - Services less medical care services 410.148 - 413.005 2.9 0.7 - Energy 238.162 228.344 217.066 -8.1 -8.9 -4.9 All items less energy 339.446 - 342.045 2.6 0.8 - All items less food and energy 345.512 - 348.115 2.5 0.8 - (1) Indexes on a January 1978=100 base. (2) Indexes on a November 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Index on a December 1993=100 base. - Data not available. Last Modified Date: Wednesday, December 11, 2024 U.S. BUREAU OF LABOR STATISTICS Mountain -Plains Information Office Two Pershing Square Building Suite 1190 2300 Main Street Kansas City, MO 64108 Telephone:1-816-285-7000_ www.bls.govjLgjons/mountain-plains Contact Mountain -Plains Contract Form Entity Information Entity Name * TIGLAS, DARCY Entity ID* @00007537 Contract Name* 2025 CONTRACT RENEWAL FOR ENVIRONMENTAL SERVICES Contract Status CTB REVIEW Contract ID 8960 Contract Lead * CKIMMI Contract Lead Email CKimmi@weld.gov New Entity? Contract Description * CONTRACT RENEWAL WITH DARCY TIGLAS FOR 2025 ENVIRONMENTAL SERVICES Contract Description 2 Contract Type * RENEWAL Amount * $115,000.00 Renewable* YES Automatic Renewal N O Grant N O IGA N O Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - CO U NTYATTO R N EY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date * 12/30/2024 Parent Contract ID 7800 Requires Board Approval YES Department Project # Due Date 12/26/2024 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO 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 Approval Process Department Head DUANE NAIBAUER DH Approved Date 12/26/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12/30/2024 Review Date * 12/13/2024 Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Renewal Date* 12/31'2025 Expiration Date Contact Phone 1 Purchasing Approved Date Finance Approved Date 12/26/2024 Tyler Ref # AG 123024 Originator CKIMMI Contact Phone 2 Legal Counsel MATTHEW CONROY Legal Counsel Approved Date 12/26/2024 Cor)-1-vac-riD4i guo MEMORANDUM TO: Esther Gesick, CTB DATE: February 5, 2024 FROM: Clay Kimmi, P.E., Public Works SUBJECT: On -call Environmental Services Contract for Tiglas Ecological Services. Please place the attached contract on the BOCC agenda for an upcoming 9 am hearing. The contract is for the On -call Environmental Services Contract that was awarded to Tiglas Ecological Services by the BOCC on January 31, 2024. The OnBase Contract ID is 7800 . The contract is for an amount not to exceed $115,000. The contract amount is included in the 2024 Public Works budget I will plan on attending the meeting to answer any questions. e_6! Chuiv,..e,6010 Paelofl Loln�u 1A c / �Y 2024-- O I to 2 l2 d_ /24 E.&00 2 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND TIGLAS ECOLOGICAL SERVICES FOR ON -CALL ENVIRONMENTAL SERVICES THIS AGREEMENT is made and entered into this Inay of ,( , 2024, by and between the County of Weld, a body corporate and politic of the State of Colorado, and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Tiglas Ecological Services, an individual, who whose address is 5015 Swainsona Drive, Loveland, CO 80537, hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in B2400038. The RFP contains all the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional 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 Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional 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 tine limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Internal Accounting Form Contract: The parties recognize the Work under this Agreement will only be provided pursuant to an appropriately executed Internal Accounting Form generated by the County. Any such Internal Accounting Form shall be signed by the Director of the Public Works Department to be effective. In no event shall the total of all individual Internal Accounting Forms exceed the amount described in Section 6 of this Agreement. Any appropriately executed Internal Accounting Form shall be automatically incorporated herein and enforceable. 014,4- // 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 Contract Professional's completion of the responsibilities described in Exhibit A. Both parties to this Agreement understand and agree that the laws of the State of Colorado prdiibit 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 Contract Professional that it wishes to renew this Contract. If the parties wish to renew this Contract, the parties shall negotiate and agree to increases to the fee schedule in Exiibit B. Increases in the fee schedule shall not exceed the Denver -Aurora -Lakewood Consumer Price Index (CPI) for All Products which is in effect at the time of contract renewal. 4. Termination. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contract Professional. Either party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional 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 documentsshall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation call be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall beentitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever aganst 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 Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has oeen unjustly enriched by any additional services, whether there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. If written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease 2 in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $115,000.00, which is the cost set forth in Exhibit B. Contract Professional 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 Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the cost amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. Mileage may be reimbursed if the provisions of Exhibit B allow such payment at the rate set forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in this Agreement. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred. 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 Contract Professional 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 Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional'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. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, 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 Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third 3 party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set faith in this Agreement. Contract Professional shall have the following responsibilities about workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and provide proof thereof when requested to do so by County. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent_ which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional 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 Contract Professional 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. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. Use or reuse of Contract Professional's work for any purpose other than intended by this Agreement shall be at County's sole risk and without legal liability or exposure to Contract Professional. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., about public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the Counts. Contract Professional 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. Contract Professional warrants that the services performed under this Agreement will be performed it a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standees, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. 4 Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional 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 Contract Professional, and County's action or inaction when any such breach or default shall exist 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 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. 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 always keep the required insurance coverage in force 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 A. M. 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 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 enough to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed 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 obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully 5 responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recoenred under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's rip': to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and always maintain 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 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 underthe contract. $1,000,00 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non - owned vehiclesused in the performance of this Contract. 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 Insurare:e: 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 their sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marne, Contract Professional's insurer shall name Weld County, Colorado, its elected officials, and its employees as an additional insured parties. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. 6 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. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional 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 Contract Professional 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 any 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 their authority, 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, Director of Weld County Department of Public Works, or their designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Tiglas Ecological Services Attn.: Darcy Tiglas 7 Address: 5015 Swainsona Dr Address= Loveland, CO 80537 E-mail: tiglasd@aol.com Phone: 970-635-9183 (work) Phone: 970-222-2151 (cell) County: Name: Clay Kimmi, P.E. Position: Senior Engineer Address: 1111 H Street Address= Greeley, CO 80632 E-mail: ckimmilSiweldgov.com Phone: 970-400-3741 Don Dunker, P.E. County Engineer 1111 H Street Greeley, CO 80632 ddunker@weldgov.com 970-400-3749 18. Compliance with Law. Contract Professional 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 Contract Professionals 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 aver that to their knowledge, no employee of Weld County has any personal or berwficial 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 Contract Professional's services and Contract Professional slswll not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severabilty. 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 prevision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 8 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, Contract Professional 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. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract Professional 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 Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional 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. Contract Professional 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 Contract Professional 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, Contract Professional shall be liable for actual and consequential damages. 9 Except where ®tempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional 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. 29. Compliance with Davis -Bacon Wage Rates. N/A 30. Attorney Fees/Legal Costs. In the event of a dispute between County and Contract Professional, 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. 31. 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. [CONTINUED ON NEXT PAGE] 10 Acknowledgment. County and Contract Professional 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 N NESS WHEREOF, the parties hereto have signed this Agreement this day of ,1 , 2024. CONTRACT P OFESSIONAL: By: :� , ♦ .. , u Name: be Title: DwVLu' Date: f3c 11 WELD CO Y: ATTEST: �.. BOARD OF COUNTY COMMISSIONERS Weld .0 ty Clerk to the B BY: reputy Cler/ o the i7i WF�.L-s-epUNTY, CO�..QRADO Perry L ' ck, Chair Pro-Tem FEB 1 2 2024 czo,gii-ai/- DARCY A. TIGLAS 5015 Swainsona Drive Loveland, Colorado 80537 970-635-9183 (H) 970-222-2151 (C) January 22, 2024 Mr. Clay Kimmi, P.E. Weld County P.O. Box 758 Greeley, Colorado 80632 RE: Weld County On -Call Environmental Services Contract Rate Sheet for 2024 Dear Mr. Kimmi: Below please find the 2024 rates for the Tiglas Ecological Services team in support of the Weld County On - Call Environmental Services Contract. Hourly Rates: Darcy Tiglas, Biologist $60.00/hour Kelsey Bibo, Cultural and Historic Resources $85.00/hour Mileage (in excess of normal project travel) $0.655/mile The above rates include vehicle, computer, and phone expenses that are incurred with each project. Proposals will be fixed cost for individual projects with total actual task costs presented or not to exceed costs. If you have any questions, or require additional information, please feel free to call me at 970-635-9183 or 970-222-2151. Sincerely, {rah e/(ii l . ( j ( C Gi/L-r Darcy A. Tiglas, Biologist Tiglas Ecological Services EXHIBIT A WELD COUNTY DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSALS NO. B2400038 ON -CALL ENVIRONMENTAL SERVICES (with options for renewal in 2025/2026) DECEMBER 13, 2023 WELD COUNTY DEPARTMENT OF PUBLIC WORKS P.O. BOX 758 1111 H STREET GREELEY, CO. 80632 (970) 400-3741 Request for Proposals #B2400038 Weld County, Colorado 1301 N 17th Avenue Greeley, CO 80631 PART 1 - ON -CALL ENVIRONMENTAL SERVICES Date: Decem per 13, 2023 RFP Advertisement P re -proposal C onference (mandatory) Deadline for Questions Deadline for Pc sting Final Addendum P roposals Due at Purchasing Interviews Conducted (As Needed) Contract Awarded (Anticipated Date) N otice to Procc-ed (Anticipated Date) I. Notice to V-ndors December 13, 2023 December 20,2023 (10:00 A.M.) at 1111 H Street, Greeley, CO, 80632 January 8, 2024 (7:00 A.M.) January 9, 2024 (5:00 P.M.) January 10, 2024 (10:00 A.M.) January 24, 2024 February 7, 2024 February 21, 2024 The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as "Weld County") is soliciting proposals for environmental consulting services to supplement We d County's needs for the year 2024. These environmental consulting services typically consist of projects of various sizes at several locations which will requi e site visits, investigations, documentation, and environmental clearances. Upcoming projects will likely include road, bridge, drainage, and gravel pit improvement projects. Weld County projects with CC OT funding will require coordination with CDOT environmental staff. Consultant sery ces will be requested by the County on an as -needed basis by issuing individual Internal Accounting forms (lAs) (aka "work order"). Basic project information prepared by the County will be provided to the consultant so a detailed project scope of work and cost estimate can be prepared. The detailed project scope of work will then be used to develop the IA which will be signed by the Consultant and Weld Coun y Public Works. This solicitation s for an on -call professional services agreement. There is no guarantee that the County will need or util ze the services of the Consultant in any given year. There is no retainer paid by the County. The C onsultant understands and agrees that there are no guarantees of specific tasks or quantities of services associated with the professional services agreement. The Consultant may or may n ot perform the environmental services as circumstances require. Furthermore, the County is in no way o bligated to utilEe the Consultant in environmental services situation encountered. The profession&I services agreement shall commence on the date the Agreement is signed by the Board of County Commissioners and shall continue in full force until December 31, 2024. At the option of the County, the agreement may be extended for up to two additional one-year periods beginning on January 1 and ending or December 31. If the agreement is renewed, the Consultant will have the opportunity to revise the contr ict fee schedule in accordance with the "U.S. Bureau of Labor Statistics Consumer Price Index for Denver, Aurora, Lakewood, All Items, All Urban Consumers" or its successor index. This agreement may be used at the option of other Weld County Departments. 2 The Qualifications Based Selection (QBS) process outlined in Chapter 5, Section 5-4-150(B) of the County Code will be utilized to select the Consultant. Consultant proposals in response to this RFP shall not include cost information. The contract fee will be negotiated with the selected Consultant prior to the contract being awarded. The selection committee will include representatives from the Weld County Public Works and Purchasing Departments. Weld County in its sole discretion, may decide to select up to three consultants for interviews. A mandatory pre -proposal conference will be held on December 20, 2023 at 10:00 AM at the Public Works building located at 1111 H Street, Greeley, CO 80632. Interested parties may submit questions in writing until January 8, 2024 at 7:AM. Questions shall be emailed to Clay Kimmi at ckimmi(a�weldgov.com and bids©weldgov.com. Questions and answers will be posted to https://www.bidnetdirect.com via an addendum on or before January 9. 2024 at 5 p.m.. Proposals will be received until January 10, 2024 at 10:00 AM (Weld County Purchasing Time Clock. A. Emailed proposals are required. All proposals shall be submitted electronically by email or through BidNet Direct. No hardcopies of the proposal will be accepted. Proposals smaller than 25 MB shall be submitted by email to bids(weldgov.com. For proposals that are larger than 25 MB, please contact the Weld County project manager for an alternative delivery method. B. All proposals are required to be in a PDF format and shall include the following statement in the email. "I hereby waive my right to a sealed proposal". An email confirmation will be sent when your proposal is received through the bids(d weldgov.com email address. Please call Weld County Purchasing at 970-400-4222 or 4223 with any questions. C. The signed Receipt of Addenda shall be included with the proposal. The Receipt of Addenda will not be counted in the page limit for the proposal. II. Scope of Services Senate Bill -40 (SB-40) Coordination Task SB-40 coordination is to be conducted on projects receiving funding from CDOT. SB-40 requires any agency of the State to obtain wildlife certification from the Colorado Division of Wildlife (DOW). Specific work items associate with this task will include but are not limited to: • Application for SB40 Wildlife Certification; and • Coordination with DOW to obtain SB40 Wildlife Certification. Wetland Delineation Task Wetland delineation is to be conducted at the sites near rivers, streams or other waterways. Specific work items associated with this task will include but are not limited to: • Ground reconnaissance of the project area; • Determination and quantification of wetlands present using accepted methods; • Photographs of wetlands communities present; • Prepare a report of the results of the wetland delineation; 1 • Submit nports to Weld County and the U.S. Army Corps of Engineers (COE); and • Forward COE correspondence and letter of findings to Weld County. If the COE requ res wetland mitigation measures to be implemented into the project scope of work, the consultant may pe asked to assist with coordinating this responsibility. N oxious Weed Investigation Task An assessment -or noxious weeds is to be conducted at the project sites. Specific work items will include but are not limited to: • Ground econnaissance of the project area; • Evaluation and quantification of the noxious weeds within the project area; and • Prepare a report with the results of the noxious weed investigation. P reble's Meadow Jumping Mouse Task Habitat assessnent and presence of the Preble's Meadow Jumping Mouse is to be conducted at the sites. Specific work items associated with this task will include but are not limited to: • Ground econnaissance of the project area; • Evaluation and quantification of habitat using accepted methods; • Evaluation of site connectivity with other habitats or documented presences; • Evaluati®n of project impacts to any identified habitat areas; • Submit nports to Weld County and U.S. Fish and Wildlife Service (FWS); • Determir e the fatality rate of the mouse due to construction; and • Forward FWS correspondence and letter of findings to Weld County. If the FWS requires a mouse trapping effort or habitat mitigation measures to be implemented into the project scope of work, the consultant may be asked to assist with coordinating this responsibility. Ute Ladies' -Tresses Orchid Task Habitat assessnent for the orchid is to be conducted at the sites. Specific work items associated with this task will inc Jde but are not limited to: • Ground econnaissance of the project area; • Conduct habitat survey for the orchid and record any presences; • Submit nports to Weld County and U.S. Fish and Wildlife Service (FWS); and • Forward FWS correspondence and letter of findings to Weld County. If the presence )f the Ute Ladies' -Tresses Orchid occurs at the project site, the consultant may be asked to assist with negotiations and meetings with the FWS to determine project requirements. Other Threater ed and Endangered Species Task Habitat assessnent for the threatened and endangered species of concern is to be conducted at the sites. Specific Work items associated with this task will include but are not limited to: • Ground econnaissance of the project area; • Evaluati )n and quantification of habitat using accepted methods; • Evaluati )n of site connectivity with other habitats or documented presences; • Evaluati nn of project impacts to any identified habitat areas; 4 • Submit reports to Weld County and U S Fish and Wildlife Service (FWS), and • Forward FWS correspondence and letter of findings to Weld County If the FWS requires mitigation measures to be implemented into the project scope of work, the consultant may be asked to assist with coordinating this responsibility 404 Wetlands Permit Task If any wetlands within the project area are shown to exist, as determined during the wetland delineation task, the consultant shall assist the County with obtainment of a 404 Wetland Permit from the COE Specific work items associated with this task will include but are not limited to • Coordinate with the COE for a determination of nationwide or individual permit, • Obtain the appropriate permit for the project based upon the final design, • Consult with Weld County regarding their responsibilities regarding the permit, • Submit reports to Weld County and the U S Army Corps of Engineers (COE), • Forward COE correspondence and letter of findings to Weld County, • Coordinate final COE acceptance of 404 wetlands permit, • Perform monitoring and wetland maintenance (including removal of undesirable or noxious weed species) as required or requested by the County, and Prepare the annual mitigation report (if applicable) If the COE requires an individual permit and/or wetland mitigation measures to be implemented into the project scope of work, the consultant may be asked to assist with coordinating this responsibility Cultural Resources/Historic Survey Task Specific work items associated with this task will include but are not limited to • ' File Search on Compass which covers all structures, bridges and canals, • Inventory and evaluation of the roadways and the project areas of impact, • The preparation and submittal of a Cultural Resources/Historic Survey report, • Forward correspondence and findings to Weld County, and • Obtain approval' from the State Historic Preservation Office (SHPO) as necessary • Obtain approval from CDOT for historic and cultural resources as necessary Birds of Prey/Migratory Birds Survey Task Specific work items associated with this task will include but are not limited to • Survey and Report due to any suitable nesting habitat in the vicinity of the project, and • Coordinate as necessary with FWS to obtain clearances Coordination with CDOT Environmental Staff Task Specific work items associated with this task will include but are not limited to • Consultation with Colorado Department of Transportation and completion of Categorical Exclusion Checklist, CDOT Form 128 Weld County staff shall be responsible for obtaining any landowner right -to -enter permissions and for any land surveying which may be required for the consultant to conduct the work described above III. Instructions to Consultants 5 Submittal Requi-ements — Qualified consultants interested in performing the work described in this RFP shall submit the following information to the County in any order they choose. • Cover Litter stating the name, address, and telephone number of the proposing firm. The letter shall be signed by a person having the authority to make the proposal for the proposing firm and binding tie firm in a formal agreement with the County. (Note, the cover letter will not be counted in the page count). • Capab lit es and qualifications of the Consultant and staff proposed to perform the work on this project. • A list of : imilar contracts which the Consultant has participated in over the last five years. • A list of c ritical issues that the Consultant considers to be of importance for the contract. • Referent es from at least three other projects with similar requirements that have involved the staff proposed to work on this project. The County may choose to contact the project owner. • A staten ent of the Consultant's willingness to enter into the Weld County Standard Contract Agreeme nt which has been included as Part 3 of the RFP. Failure to include a statement of willingness will result in the Proposal being deemed unresponsive. Unresponsive Proposals will not be reviewed or scored. • Limit the total length of your proposal to a maximum of 15 pages. The County will reject proposals received that are longer than 15 pages in length. The front and back cover do not count as pages and neitF er do the section dividers unless the dividers have photos or text on them, then they will be incluc ed in the page count. Weld County re=aerves the right to reject any and/or all proposals, to further negotiate with the successful consultant and o waive informalities and minor irregularities in proposals received, and to accept any portion of the poposal if deemed to be in the best interest of Weld County to do so. The total cost of preparation and submission shall be borne by the consultant. All information submitted in response to this request for proposal is public after the Notice of Award has been issued. The Consultant should not include as part of the proposal any information which they believe to be a rade secret or other privileged or confidential data. If the Consultant wishes to include such material, then the material should be supplied under separate cover and identified as confidential. Entire proposal ; marked confidential will not be honored. Weld County will endeavor to keep that information con-idential, separate and apart from the proposal subject to the provisions of the Colorado Open Records t-ct or order of court. Questions related to the submittal requirements and procedures shall be directed in writing to, Clay Kimmi, P.E. — Senior Engineer at ckimmitco.weld.co.us. Failure to include any of the above items upon submittal of your proposal may result in your proposal being incomplete and your proposal being rejected. If there are any exclusions or contingencies submitted with your proposal it may be disqualified. 6 PART 2 - QUALITY BASED SELECTION PROCESS I. Selection Criteria and Method The Weld County Purchasing Professional Services Selection process describes the consultant selection criteria and method. This document is available for review in the Weld County Code, Revenue and Finance, Chapter 5, online at www.co.weld.co.us. A selection committee shall include Weld County Public Works and Purchasing Department representatives. Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Some CDOT funded projects may require a goal for the use of an underutilized disadvantaged business enterprise (UDBE). The UDBE goal is generally 5 to 10% of the contract amount. In the proposal, please describe how the UDBE goal would be satisfied if it is required. RFP Review Scoring: Evaluation Criteria Evaluation Standards Scoring Weighting Factors Score Range Scope of Proposal • • desired The understanding The proposal proposed goals clearly of of methodology the the County. shows project an objectives. meets the 1 to 5 6.0 6-30% Critical Issues • • The clearly associated The the critical proposal proposal understands with issues. demonstrates offers the project. realistic major the issues solutions team to 1 to 5 7.0 7-35% the Project Control • • • • The its The consultant's The ensure are The process the design used product. team proposal team team that in has costs. has where has place costs State describes described demonstrated described appropriate. to will and be Federal how how controlled. a QA/QC its the it sub procedures will - ability quality control to of 1 to 5 5.0 5-25% manage Location/Familiarity Work • • • The coordination County. The policies The Weld team's team team County is demonstrated location familiar of design in the general. does project criteria. with knowledge not with Weld affect the County the of 1 to 5 1.0 1-5% and UDBE Goal • for • The showing The abilities goa the team s. UDBE project. that its provided ability sub are -consultants consistent documentation to meet the with have UDBE the proven goal project 1 to 5 1.0 1-5% RFP REVIEW SCORE: 20-100% 7 Interview Review (If Required): Evaluation Cpteria Evaluation Standards Scoring Weighting Factors Adjusted Scoring Work Apprcach • • The their The project. team approach team proposed offered for completing innovative and clearly ideas the described project for the 1 to 5 4.0 4-20% Project Qualificatic Man-iger ns • • The qualifications complete complexity. The effective team's team's projects communication project project and a of manager proven this scope skills. track has demonstrated adequate record and to 1 to 5 4.0 4-20% manager Quality Presentati ce rn • • • The to The effective The effective. understand. team's people team's communications presentation being use of interviewed audio-visual was skills. clear displayed aids and was easy 1 to 5 4.0 4-20% Questions/An ewers Session • • The questions The demonstrate project team answers provided asked the provided a clear goals. by good the understanding by answers selection the team to committee. the of the 1 to 5 8.0 8-40% and INTERVIEW REVIEWER SCORE 20-100% TOTAL RFP + INTERVIEW SCORES 40-200% Each reviewer kill score the individual proposals based on the rating scale outlined above. After the individual revie..iers have scored each proposal, the individual proposal scores will be totaled. Each reviewer's scor& s will be ranked by score from highest to lowest. The proposal with the highest score will be ranked first place, second highest score will be ranked second place, and so on until all proposals have been prop )sals have been ranked. After all reviewer rankings have been determined, each ranking will be totaled fcr each proposal based on their respective rankings (1St, 2nd, 3rd etc.) from the reviewers. For each reviewer, rank 1 will get 1 point, rank 2 will get 2 points, and so on. The points will be totaled for each propos 3I. The proposals will then be ranked by the aggregate score. In the event the county, in its sole discretion, determines interviews are necessary, the County may invite up to the top thiee ranked proposals for an interview. The reviewers will score the interview responses and rank them &ccording to the process outlined above. The rankings from the RFPs and the interviews will be added together to get a total aggregate score. After all proposals have been scored and ranked, the first ranked proposal will be recommended for award to the Be and of County Commissioners (BOCC). The BOCC retains the authority to award the contract to whiciever proposers they choose regardless of the recommendation. The contract fee will be negotiated ‘A. th the selected Consultant prior to the contract being awarded. 8 PART 3 - PROFESSIONAL SERVICES AGREEMENT (EXAMPLE) AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND CONSULTANT FOR ON -CALL ENVIRONMENTAL SERVICES THIS AGREEMENT is made and entered into this day of , 2024, 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 , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A anc B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professi Dnal and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in B2400038. The RFP contains all the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional 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 Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional 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 by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibit A. Both 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 9 one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contact Professional if it wishes to renew this Contract. 4. Terminatior . County has the right to terminate this Agreement, with or without cause on thirty (30) days written not ce. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services becom 3 unsatisfactory to the County. If this Agreeme it is terminated by County, Contract Professional shall be compensated for, and such compensation s -all be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to he date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to act omplish an orderly termination of the work. County shall be entitled to the use of all merial generated pursuant to this Agreement upon termination. U pon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which C ontract Professional is using, by whatever method it deems expedient; and, Contract P rofessional shall deliver to County all drawings, drafts or other documents it has completed or partially completed unde r this Agreement, together with all other items, materials and documents which have been paid for b-,/ County, and these items, materials and documents shall be the property of County. Copies of work )roduct incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." U pon terminaticn of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever aga nst the County by reason of such termination or by reason of any act incidental thereto, except for com )ensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension •r Modification. Any amendments or modifications to this agreement shall be in writing signed by both )arties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization ar d acknowledgement by County for such additional services. Accordingly, no claim that the County has Jeen unjustly enriched by any additional services, whether there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. If written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional servi ;es or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time requred or the costs to the Contract Professional for performance, an equitable adjustment in fees and corroletion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder mus be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed cov3red in the compensation and time provisions of this Agreement. 10 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $ , which is the cost set forth in Exhibit B. Contract Professional 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 Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the cost amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. Mileage may be reimbursed if the provisions of Exhibit B allow such payment at the rate set forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in this Agreement. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred. 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 Contract Professional 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 Revisers 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 Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional'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. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, 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 Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes ('rf applicable) incurred pursuant to this Agreement Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forlh in this Agreement. Contract Professional shall have the following responsibilities about workers' compensation and unemployment compensation insurance matters: (a) provide and keep 11 in force workers' compensation and unemployment compensation insurance in the amounts required by law and provide proof thereof when requested to do so by County. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which nay be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional 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 Contract Professional 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. Contract Professional shell not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. Use or reuse of Contract Professional's work for any purpose other than intended by this Agreement shall be at County's sole risk and without legal liability or exposure to Contract Professional. 10. Confideniality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., about public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the Counts. Contract Professional 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. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional 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. Upon completion of the work, Contract Professional shall submit to Courty 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 Contract Professional of responsibility for the quality and accuracy of the project. In no event shall anyaction 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 Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any 12 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 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. 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 always keep the required insurance coverage in force 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 A.M. 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 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 enough to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed 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 obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. 13 This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and always maintain 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 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 vetiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,CD0 each occurrence; $1,000,0X0 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,100 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles °aerating both on County property and elsewhere, for vehicles owned, hired, and non - owned vehicles ased in the performance of this Contract. 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 their sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name Weld County, Colorado, its elected officials, and its employees as an additional insured parties. 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 14 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. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional 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 Contract Professional 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 any 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 their authority, 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, Director of Weld County Department of Public Works, or their designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Attn.: Address: Address: E-mail: Phone: 15 County: Name: C6y Kimmi, P.E. Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: climmi(atweldgov.com Phone: 9170-400-3741 Don Dunker, P.E. County Engineer 1111 H Street Greeley, CO 80632 ddunker c iweldoov.com 970-400-3749 18. Compliance with Law. Contract Professional 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 Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Ageement/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 Avalability. 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. Employeefinancial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Corrtract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severabilly. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable Isy 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 parses. 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. 16 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, Contract Professional 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. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract Professional 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 Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional 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. Contract Professional 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 Contract Professional 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, Contract Professional 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 Contract Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty 17 of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to fedeeal 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 effecive date of the contract. 29. Compliance with Davis -Bacon Wage Rates. N/A 30. Attorney Fees/Legal Costs. In the event of a dispute between County and Contract Professional, 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. 31. 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 LE null and void. Acknowledgment. County and Contract Professional 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 , 2024. CONTRACT PROFESSIONAL: By: Date: Name: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Chairperson 18 December21,2023 Bid Request No. B2400038, On -call Environmental Services Weld County, Colorado ADDENDUM NUMBER ONE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: A. Contractor Questions and Responses B. Mandatory Pre -Proposal Meeting Minutes C. Pre -Proposal Attendance Sheet D. Receipt of Addenda All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. A. CONTRACTOR QUESTIONS AND RESPONSES Question 1: Where will the addendums be posted? Answer 1: All addendums will be posted to BidNet. Question 2: How many on -call contracts will be awarded? Answer 2: The County is issue one on -call contract. Question 3: Are the interviews going to be held in person or can they be through a tele-conference? Answer 3: All interviews will be held in person. The firms selected for an interview will have an opportunity to provide a presentation. Following the presentation, the selection team will ask a series of questions and the firm will have the opportunity to answer the questions. Interviews will be scheduled for approximately 1 hour. Question 4: Is it possible to keep the requested references confidential? Answer 4: No, in order to be as transparent as possible, the proposals are considered to be public information. As such a Colorado Open Records Act (CORA) request can obtain copies of the proposals and the references would be included in the part of the release of information. Question 5: Can out of state firms submit a proposal? Answer 5: Out of state firms may submit a proposal. Weld County expects the firms to be located in an area where the firm can respond to the County's needs in a timely manner. All firms considering submitting a proposal should understand that the scoring criteria for the proposal lists Work Location and Familiarity as one of the scoring categories. Question 6: Do the firms submitting a proposal have to have a biologist that is licensed or permitted by the Division of Fish and Wildlife? Answer 6: Weld County is not aware of any licenses or permitted required by the Division of Fish and Wildlife. Weld County expects the biologist to be qualified with regards to being able to adequately complete the required assessments and obtain any permits that might be required by the Division of Fish and Wildlife. Question 7: Is there an example of past 404 permit monitoring requirements that can be provided? Answer 7: Weld County's experience is that the 404 permit monitoring requirements are generally outlined in the 404 permit. Weld County expects the firm to be able to provide biweekly or monthly monitoring of wetlands during the growing season. The monitoring includes maintenance activities such as removal and offsite disposal of weeds and other undesirable species. Other types ofmonitoring that may be needed would be monitoring for threatened and endangered species as well as monitoring nesting bird species. The interval for these types of monitoring activities is generally determined on a project specific basis in coordination with the proper governmental agencies. Question 8: Of the $105,000 that the County budgeted for the On -Call Environmental Services contract in the last contract period, approximately what was the actual combined value of the work orders assigned over that time (2021 through present) under the contract? Answer 8: The budget each year between 2021 and 2023 was $105,000 per year. In 2021, we had approximately$50,000 in work orders. In 2022 we had approximately $80,000 in work orders. In 2023, we had approximately $35,000 in work orders. Question 9: Do resumes count against the 15 -page proposal limit? Answer 9: Yes, resumes are included in the 15 page limit. Prepared By: Clay Kimmi, P.E. Senior Engineer B. MANDATORY PRE -PROPOSAL MEETING MINUTES B2400038 On -Call Environmental Services Mandatory Pre -Proposal Meeting Minutes December 20, 2023 at 10:00 a.m. 1. Sign -in Sheet a. Somebody from your company has to sign -in so you can submit a proposal. 2. Projecf Description/Location a. The project in general consists of performing on -call environmental services throughout Weld County. The kind of services to be provided under this contract include but are not limited to: coordination with Senate Bill 40, wetlands delineation and reporting, noxious weed investigation and reporting, threatened and endangered species investigations & reporting, 404 permitting and reporting, cultural resources/historical surveys and reporting, migratory birds and birds of prey surveys and reporting, coordination with State agencies, coordination with wetland banks, and maintenance of wetlands. b. Individual scopes of work and costs determined on a project specific basis. c. Project specific schedules will be done at the time the scope of work is done. 3. Project Requirements a. Coordination with landowners is a must. The Consultant may have to meet with landowners in the field. Weld County has to be invited to these meetings. b. No costs will be submitted with the proposal. Determination of who to award the contract will be based solely on qualifications. Costs will be negotiated after the contract is awarded. After the contract is awarded, the Consultant will provide a tabulation form which will be used to for costs. The format of the tabulation form will be provided by Weld County. 4. Proposal Requirements a. All proposals must be submitted via email. No hardcopies will be accepted. Email address is bids@weldgov.com. If the proposal PDF is larger than 25 MB, contact Clay Kimmi at ckimmia,weldgov.com so an alternate delivery method can be established. b. See the RFP document (pages 5 & 6) for items to be included in the proposal. c. Proposal limited to 15 pages. Cover sheets, dividers, cover letters, and the receipt of addenda are not included in the page limit. Pages should be 8.5 inches x 11 inches with the exception being that schedules and plan sheets. d. Must state willingness to sign the Weld County Professional Services Agreement (sample provided on pages 9-18 of the RFP). Note that all changes to the Professional Services Agreement must be reviewed and approved by Weld County prior to the submittal of the RFP. After a consultant is selected, Weld County will not change the agreement. No guarantee the County will accept any proposed changes to the contract. If a change results in the shifting of risk back onto the County, the change will not be approved. f. Note the insurance requirements for the job (pages 13 and 14 of RFP) 5. Selection Process a. Using the County's QBS process. b. The scoring criteria has been outlined on pages 7 and 8 of the RFP document c. Again, cost is not a determining factor in the decision to award the contract. Do not include any costs with the proposal. If costs are included, the proposal will not be reviewed or scored by Weld County. d. The need for interviews will be at the sole discretion of the County. 6. Anticipated Project Milestones Date a. RFP Advertisement December 13, 2023 b. Pre -Proposal Conference (mandatory) December 20,2023 c. Deadline for Questions January 8, 2024 (7:00 A.M.) d. Deadline for Posting Final Addendum January 9, 2024 (5:00 P.M.) e_ Proposals Due at Purchasing January 10, 2024 (10:00 A.M.) f. Interviews Conducted (As Needed) January 24, 2024 g. Contract Awarded (Anticipated Date) February 7, 2024 h. Notice to Proceed (Anticipated Date) February 21, 2024 Al questions after the Pre -Bid meeting must be submitted in writing to Clay Kimmi at cNmmi a(�.weldgov.com and to bidslftiweldgov.com. C. PRE -PROPOSAL CONFERENCE ATTENDANCE LIST Weld County - Meeting Attendance Project: 2024 On call Environmental Purpose: Mandatory Pre -Proposal Conference Services Date: December 20, 2024 Time: 10:00 A.M. Place: 1111 H Street, Greeley, CO Name Email Address Phone Number Clay Kimmi ckimmi@weldgov.com Weld County Public Works PO Box 758 Greeley, CO 80631 970-400-3741 Darcy Tiglas tiglasd@aol.com Tiglas Environmental 5015 Swainsona Dr Loveland, CO 80537 970-635-9183 Amy Laartz alaartz@trccompanies.com TRC 123 N College Ave Suite 370 Fort Collins, CO 80524 970-484-3263 Patti Lorenz plorenzPtrccompanies.com TRC 123 N College Ave Suite 370 Fort Collins, CO 80524 970-484-3263 x 15979 Tyler Worley tyler@erccolorado.net ERC, Inc. 2820 Wilderness Place Suite A Boulder CO 80301 307-575-6344 Clay Benton benton(irockymountainecology.com Rocky Mountain Ecology 505-227-9045 Michelle Dinkel mdinkel@centennialarch.com Cedar Creek 970-225-6575 tloew@cedarcreek.app Cedar Creek Cameron Shablo Cameron.shablo@topographic.com Topographic 520 Stacy Ct Unit B Lafayette, CO 80026 303-990-0067 Jason Voight iason.voightPtopographic.com Topographic 520 Stacy Ct Unit B Lafayette, CO 80026 817-480-4730 Mandi Miller almiller@ramboll.com RamboII 1999 Broadway Suite 2225 Denver, CO 80202 303-382-5460 Tina Ruble Tina.ruble@terracon.com Terracon Consultants 1901 Sharp Point Dr Suite C Fort Collins, CO 80525 970-658-4395 Jeff Kirtley Jefferey.kirtley@anseradvisory.com Answer Advisory 601 Gyrfalcon Ct Suite A Windsor, CO 80550 970-686-5695 Lauren Gentie gentile@rocksol.com Rocksol Consulting Group 12076 Grant St Thornton, CO 80241 720-273-1672 Erich Green egreen@weldgov.com Weld County Public Works PO Box 758 Greeley, CO 80632 970-400-3742 Toby Taylor ttaylor@weldgov.com Weld County Purchasing 1201 N 17th Ave Greeley, CO 80632 970-400-4454 Chrissy Bodie Vivanco chrissvvivanco@smithdelivers.com Smith Environmental & Engineering 250 Perry Lane Dacono, CO 80514 303-210-3495 D. RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL A signed copy of the Receipt of Addenda must be included with RFP. It will not be included in the total page count. Failure to include the Receipt of Addenda will result in the proposal not being reviewed or scored by the County. January 8, 2024 Bid Request No. B2400038, On -call Environmental Services Weld County, Colorado ADDENDUM NUMBER TWO (FINAL) The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: A. Contractor Questions and Responses B. Recent of Addenda All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. A. CONTRACTOR QUESTIONS AND RESPONSES Question 1: n section 11 of the Sample Agreement, can the word "warrants" be replaced with "represents"? Answer 1: No. Question 2: h section 13 of the Sample Agreement, can the word "defend" be deleted? Answer 2: Nb. Question 3: We missed the mandatory pre -bid meeting; can we add our name to a list so we can be notified of future bidding opportunities? Answer 3: Tie County does not maintain separate lists for potential consultants and/or contractors. All bid opportunities are posted on BidNet. It is the potential bidder's responsibility to check BidNet regularly for bidding opportunities. Prepared By: Clay Kimmi, P.E. Senior Engineer B. RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. 2 Date: By: FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL A signed copy of the Receipt of Addenda must be included with RFP. It will not be included in the total page count. Failure to include the Receipt of Addenda will result in the proposal not being reviewed or scored by the County. EXHIBIT B DARCY A. TIGLAS Tiglas Ecological Services 5015 Swainsona Drive Loveland, Colorado 80537 970-635-9183 (H) 970-222-2151 (C) January 8, 202E Mr. Clay Kimrai Weld County Public Works P.O. Box 758 Greeley, Colorado 80632 RE: Proposal for On -Call Environmental Services Contract for Weld County, Request for Proposals No. B2400038 Dear Mr. Kimrai: This letter serves as the cover letter for a proposal for On -Call Environmental Services for Weld County, Request for Proposals No. B2400038. I am pleased to present to you my proposal for on -call environmental services. The Historic and Cultural Resources scope -of -work presented in my proposal would be completed by Ms. Kelsey Bibo. • Ms. Marcy Tiglas of Tiglas Ecological Services is willing to enter into the Professional Services Agreement with no changes to the proposed contract language. • I hereiy waive my right to a sealed proposal. It should be nated that Ms. Tiglas and Ms. Bibo are comfortable interacting with landowners on or near project areas as well as utility workers and team members. In fact, Ms. Tiglas and Ms. Bibo, who often need access to privacn land to collect field data, interface with landowners and curious bystanders frequently. We believe it is ap sropriate to let a homeowner know when we are on their property walking around and taking photographs, even if we have a Right -to -Enter letter from them. Any meetings undertaken by Ms. Tiglas or Ms. Bibo would include Weld County and would be subject to Weld County's permission. Tiglas Ecologcal Services is not an UDBE/DBE, but Ayuda Companies, whom Ms. Kelsey Bibo works for, is DBE certified. If you need adeitional information, or have any questions, please do not hesitate to call me at 970-635-9183. Sincerely, C,1C . GL?� Darcy A. Tigt'als Owner, Tiglas Ecological Services I` 1 I. . i ''. '�. i • r _ •w ,.. it - -. r Iceo\ • viiI'• - 1 Fl".iL r „I4 l S. —.), tt;Dee 0 i% i 7.. to ....„„---0.-- .•✓� e• . ' S PROPOSAL FOR ON -CALL ENVIRONMENTAL SERVICES FOR WELD COUNTY, RFP #B2400038 • F_ % .� " sta..: 1• • •Z• • _-•`.. �y p' • t -- Prepared by: Ms. Darcy Tiglas Tiglas Ecological Services 5015 Swainsona Drive Loveland, Colorado 80537 Prepared for: Weld County P.O. Box 758 Greeley, Colorado 80632 S PROPOSAL FOR ON -CALL ENVIRONMENTAL SERVICES FOR WELD COUNTY, RFP #B2400038 Capabilities and Qualifications: Ms. Darcy Tiglas has worked with Weld County for almost 35 years. She has held the General Services Contact for many years providing Weld County with timely and cost-effective environments consulting. Ms. Tiglas can conduct the following tasks: • Wetland delineation, 404 -wetland nationwide and individual permitting, mitigation planning and creation, wetland bank consultation and liaison, monitoring, maintenance, and annual reportng; consultation with the U.S. Army Corps of Engineers (COE); eventual consutation with the Colorado Department of Public Health and Environment (CDPHE) when :heir Waters of the State permitting process is completed. • Sensitive species evaluation for federal and state species, and Colorado Natural Heritage Program plant species; consultation with the U.S. Fish and Wildlife Service (USFWS) for impacts to the Preble's meadow jumping mouse and/or Ute ladies' -tresses orchid and/or their t abitats, preparation of a Biological Assessment in support of the Biological Opinion by USFWS; field managing and participating in vegetation removal and grubbing. • Birds -of -prey and migratory bird surveys and preparation of the Colorado Department of Transportation (CDOT) Spec 240; consultation with Colorado Parks and Wildlife (CPW) for monitoring birds -of -prey nest sites near project areas. • Noxicus plant surveys and preparation of the CDOT Spec 217. • Preparation of Phase I Environmental Site Assessments and hazardous materials evaluations; preparation of the Initial Site Assessment Form #881 for CDOT • Const.ltation with CPW fisheries specialist and completion of the Senate Bill -40 (SB-40) task f r CDOT when projects with small or game fish may be affected. • Culu-al, Paleontology, and Historic Resources surveys will be conducted by Ms. Kelsey Bibo. She is responsible for the inventory and reporting of historic sites and features, inducing bridges, roadways, canals, and large ditches older than 50 years. Ms. Bibo consults the Colorado Office of Archaeology and Historic Preservation (SHPO) and the COMPASS database for information regarding historic and cultural survey work conducted in anc around the new project areas. CDOT access permit projects require that Ms. Bibo consdt the University of Colorado Museum, Boulder and the Denver Museum of Nature and Science for paleontological resources. Additionally, Ms. Bibo works closely with the CDOT staff to provide the documentation necessary for CDOT to conduct the formal consdtation with SHPO on behalf of the Federal Highway Administration (FHWA). • Ms. Tiglas and Ms. Bibo consult on the above -mentioned project resources with the USFWS, CPW formerly the Colorado Division of Wildlife, COE, CDPHE, SHPO, and FHWA/cDOT. Ms. Tiglas has a thorough knowledge of the requirements of the National Environmental Policy Act (NEPA) for projects that require Environmental Assessments, as well as CDOT projects that require the completion of the Categorical Exclusion (CatX) Checklist. List of Similar Contracts: Most of the projects described below involved all or most of the environmental tasks listed above, including a cultural and historic resources task. Many of these projects entailed the completion of a Categorical Exclusion checklist for CDOT Region 4 or 1 involvement. If only one environmental task was performed for the project, it is noted; otherwise, the project entailed completion of multiple environmental tasks. The following is a list of similar contracts that Ms. Tiglas and Mr. Hoffecker and Ms. Tiglas and Ms. Bibo have fulfilled successfully for various public agencies or private clients over the last five years: 2023- Ms. Tiglas and Ms. Bibo commenced/completed/on-going projects together. • Weld County Roads 31 and 74 Roundabout Construction Project- all resources completed on the CDOT CatX checklist for Region 4. Weld County Road 13 and Highway 60 Signalization Project, Johstown- all resources completed on the CDOT Access Permit checklist for Region 4. Monroe Street Bridge Replacement, Loveland- all resources completed on the CDOT CatX checklist for Region 4. St. Vrain Regional Trail Construction, Lyons- all resources completed on the CDOT CatX checklist for Region 4. Evans Town Ditch Trail Construction, Evans- all resources completed on the CDOT CatX checklist for Region 4. Signalization Project at County Line Road and Acres Green Drive, Lonetree- all resources completed on the CDOT CatX checklist for Region 1. Leggett Ditch Culvert Replacement, Longmont- tasks completed included Wetland Delineation, Sensitive Species Evaluation, Birds -of -Prey survey and migratory bird report, noxious plant survey, cultural and historic resources inventory and evaluation Larimer County Bridge 56-02-S287 Bridge Replacement, Fort Collins- all resources completed on the CDOT CatX checklist for Region 4. 2022- Projects commenced/completed/on-going with Mr. John Hoffecker. WCRs 13 and 54 Roundabout- all resources completed on the CDOT CatX checklist for Region 4. Overland Road Bridge Construction, Boulder County- Wetland Delineation, Sensitive Species Evaluation, Birds -of -Prey survey and migratory bird report, noxious plant survey, cultural and historic resources inventory and evaluation, 404 -Wetland Permit. 57`x' Avenue -Hwy 287 Pedestrian Improvements, Loveland- all resources completed on the CDOT CatX checklist for Region 4. Kiowa-Bennett Road Culvert Replacements, Bennett- all resources completed on the CDOT CatX checklist for Region 1. Laririer County Road s70 and 9 Culvert Replacements and Bridge Construction, Wellington- Wetland Delineation, Sensitive Species Evaluation, Birds -of -Prey survey and migratory bird report, noxious plant survey, cultural and historic resources inventory and evaluation, 404 -Wetland Permit. North 41st Street at Lefthand Creek Scour Protection, Altona- Wetland Delineation, Sensitive Species Evaluation, Birds -of -Prey survey and migratory bird report, noxious plant survey, cultural and historic resources inventory and evaluation, 404 -Wetland Permit. WeldCounty Road 66 Assessment- Completed a wetland delineation, sensitive species evaluation, and cultural and historic resources evaluation. We:dCounty Roads 13 and 54 Roundabout- all resources completed on the CDOT CatX checldist for Region 4. Highway 60 at Carlson Drive, Johnstown- all resources completed on the CDOT Access Permit checklist for Region 4. Weld County Road 41 and Highway 52 Intersection Improvement- all resources completed on the CDOT CatX checklist for Region 4. 2021- Project commenced/completed/on-going with Mr. John Hoffecker. • WCB 53/58 and WCR 388 and WCR 39 Extension Wetland Mitigation Monitoring, Maintenance, and Annual Reporting. • WCBS6/33A and WCB 29/68A Rehabilitation- Birds-of-Prey/Migratory Birds. • WCRo 74 and 33 Intersection Improvement- all resources completed on the CDOT CatX checklist for Region 4. 2020- Project commenced/completed/ongoing with Mr. John Hoffecker. • WCB 54/13A Bridge Replacement- Wetland Delineation, Cultural and Historic Resources, Sensitive Species Evaluation, Birds -of -Prey and Migratory Bird Surveys, and 404 -Wetland PermL WCB 19/46.5A Bridge Replacement- all resources completed on the CDOT CatX checklist for Region 4. Ogden Road Bridge Construction, Kiowa- Wetland Delineation, Sensitive Species Evaluation, Birds -of -Prey Survey, Cultural and Historic Resources Evaluation, and 404 - Wetland Permitting. Monument Private Lot Development, Monument- Wetland Delineation, Preble's meadow jumping mouse habitat evaluation and formal USFWS consultation and mitigation planning, 404-Vwetland Permit, Sensitive Species Evaluation Hokestra Trail Improvement- all resources completed on the CDOT CatX checklist for Region 4. City o- Evans Stormwater Improvement Project Environmental Assessments, Evans - Completed 4 FBAs across the City of Evans and consulted with CDPHE Timnath Landing Development, Timnath- Wetland Delineation, Sensitive Species Evaluation, 404 -Wetland Permitting, and Cultural and Historic Resources Evaluation WCR66 and 41 Intersection Improvement Project- Wetland Delineation, Sensitive Species Evaluation, Birds -of -Prey Surveys; 404 -Wetland Permitting/Approved Jurisdictional Determination; Cultural 'and Historic Resources Evaluation WCR 47 and SH 392- Birds -of -Prey Survey; Noxious Plant Survey, Initial Site Assessment Form and database obtainment for CDOT Region 4. WCRs 37 and 80 Intersection Improvement- Wetland Delineation, 404 -Wetland Permitting, Sensitive Species Evaluation, Birds -of -Prey Survey, and Cultural and Historic Resources Evaluation WCRs 74 and 33 Intersection Improvement- all resources completed on the CDOT CatX checklist for Region 4. Weld County Public Works Stormwater Improvement- Wetland Delineation, Sensitive Species Evaluation, Birds -of -Prey Survey, Cultural and Historic Resources Evaluation, and 404 -Wetland Permitting. 2019- Projects commenced/completed/on-going with Mr. John Hoffecker. • Logan County Bridge 93 Construction, Crook- all resources completed on the CDOT CatX checklist for Region 4, including the SB-40 and Wetland Finding Report. BK2 Development, Elizabeth- Wetland Delineation, Sensitive Species Evaluation, Birds -of - Prey Survey, and Cultural and Historic Resources Evaluation Malmstrom Air Force Base Environmental Assessment, Montana- Prepared an EA for the construction of sewer lagoon overflow ponds at 15 Missile Alert Facilities (MAF) Sewer Lagoon Overflow Ponds. WCR 39 Extension Roadway Construction- Wetland Delineation, Sensitive Species Evaluation, Cultural and Historic Resources Evaluation, 404 -Wetland Permitting and mitigation planning, Phase I Environmental Site Assessment, consultation with the COE, and technical field assistance with wetland mitigation area planting and earth work Firestone Development- Environmental Report for a proposed site development in Adams County Critical Issues: The following scope of services were identified in Section II of the RFP. Each of these services is discussed below. Senate Bill -40 (SB-40) Coordination Task- The critical issue for this task is to determine if the proposed project (a) occurs on a natural drainage and/or (b) has a fisheries component. This task is a CDOT CatX Checklist task and not needed for projects that do not have FHWA/CDOT oversight. Ms. Tiglas prepared an SB-40 Certification for the WCB 54/13A Bendway Weir project, Logan County Bridge 93 Construction project, and Boulder County Bridge BC31-3.9A-SV scour protection project. She conducted meetings with the local CPW contacts overseeing the drainageways and identified the fisheries issues for the segments of the rivers/creeks impacted by the proposed projects. -,She prepared the SB-40 documents for CPW and incorporated any requested mitigation by the CPW fisheries biologists to protect endemic small fishes in the Big Thompson River, South Platte River, and St. Vrain Creek systems, Wetland Delineation Task- The critical issue for this task is identifying how many square feet of impacted wetlands lie within the proposed project area to determine if mitigation is required. This task is required for any project that impacts natural drainages, canals, or large ditches as well as those wetlanls that are associated with the drainageways. This information is used to determine which 404 -Wetland Permit to request from the COE as well as if mitigation will be required. Ms. Tiglas condu✓ts Wetland Delineations for most of the projects she works on, including the WCB 54/13A Bridge Replacement project on the Big Thompson River; WCRs 66 and 41 Intersection Improvemen- project on the Eaton Ditch; WCB 19/46.5A Bridge Replacement at the Little Thompson Ever; and Logan County Bridge 93 Replacement on the South Platte River. Noxious Weed Investigation and Reporting Task- The critical issue with this task is to identify any List A and B noxious plants that occur within the project area for treatment prior to implementation/construction of the proposed project. This task is a CDOT Categorical Exclusion Checklist task and not needed for projects that do not have CDOT oversight. A list of all weedy species is compiled for this task and compared to the Colorado Department of Agriculture Noxious Weed Species Lists. The Colorado Department of Agriculture has compiled several lists including List A Species, List B Species, List C Species, and Watch List Species. Additionally, a Spec 217 for Noxious Weeds is prepared and provides general treatment options for noxious plant species identified during the field reconnaissance on the given project area. Ms. Tiglas has recently completed Noxious Weed Survey Reports for the following projects: WCB 19/46.5A Bridge Replacement: WCR 47- SH 392 Signalization; WCRs 6 and 13 Intersection Improvement; WCRs 74 and 33 Inasrsection Improvement Project; and the Logan County Bridge 93 Replacement where Ms. Tiglas located a List A plant, purple loosestrife, which was required to be eradicated from the site prior to construction of the bridge. Preble's Meadow Jumping Mouse (PMJM) Task- The critical issue with this task is to determine if suitable PMJM habitat occurs within the project area and if it is likely that the mouse uses or occupies the project area. Two approaches are possible. One is to live trap the site, although this is labor intensive, costly, and can only be conducted from July 1 through September 15. Ms. Tiglas holds a current live trapping permit with the USFWS/CPW. The second approach is to assess the habitat within the project area for suitability and use available data provided on-line from CPW to determine the likelihood of site occupation by the mouse. CPW has published a map of PMJM known occupation and distribution based on live trappings, a helpful tool to determine potential mouse occupdion of any given drainage. Ms. Tiglas determines the likelihood of PMJM occurrence during her initial site reconnaissance based on the zabitat of the project area and reference to the distribution map. She identifies the habitat types and vegetation communities within the project area detailing each plant species observed and wildlife species observed (or expected to occur) within the project area during the field reconnaissance. When no or minimal suitable habitat is present within a given project area, the mouse can be evaluated in the Sensitive Species Evaluation document. If suitable habitat is present within a giver project area and -the mouse is known to occur within or adjacent to the project area, an initial informal consultation with the USFWS is undertaken. USFWS may request a formal Section 7 consultation and ask that a Biological Assessment be prepared to include a habitat mitigation, rehabilitation, or enhancement plan. Mr. Mike Bedell of Weld County, along with J -U - B Engineers, CDOT, and Ms. Tiglas have conducted a formal Section 7 consultation with USFWS at the WCB 19/46.5A Replacement Project site. Ms. Tiglas has prepared a Biological Assessment in support of the Biological Opinion prepared by the USFWS with oversight by FHWA/CDOT and a Memorandum of Agreement has been provided to Weld County. Ms. Tiglas conducted a similar consultation with USFWS for the City of Evans for four stormwater improvement projects discharging to the South Platte River in early 2020. Ms. Tiglas is currently working with CDOT Region 4, the Town of Lyons, and USFWS on a Section7 consultation for a proposed trail construction project on St. Vrain Creek. Ms. Tiglas, on behalf of Mr. Clay Kimmi and Mr. Mike Bedell, worked with the Youth Corps of Weld County in 2023 at the WCB 54/13A Replacement site to remove trees, shrubs, and other vegetation as well as crop remaining vegetation to approximately three inches in height to discourage PMJM from burrowing into the areas within the work zone and hibernating for the winter. This course of action was acceptable to USFWS in consultation with the COE and no additional mitigation was required. Ute Ladies' -tresses Orchid Task- The critical issue with this task is to determine if suitable orchid habitat occurs within the project area and if the orchid occurs within the project area. Ms. Tiglas determines the likelihood of orchid occurrence during her initial site reconnaissance. When no or minimal suitable habitat is present within a given project area, the orchid can be evaluated in the Sensitive Species Evaluation document. If suitable habitat is present within a given project area, a hand -and -knee survey for the orchid can be conducted between July 10 and September 10, while the plant is blooming. If the orchid is identified in a project area, consultation with the USFWS would occur. Ms. Tiglas conducted informal consultation with the Colorado Natural Heritage Program to verify a population of the orchid on private land associated with Soapstone Natural Area north of Fort Collins in 2015 when a previously unknown population of the orchid was discovered. Habitat requirements are narrow for this species and most projects that Ms. Tiglas has worked on for Weld County lack suitable habitat for the orchid. Other Threatened and Endangered Species Task- The critical issue with this task is to determine if suitable habitat for sensitive species occurs within the project area and the likelihood that the sensitive species will be impacted by the proposed project. As a preliminary step in the Sensitive Species Evaluation process, a sensitive species list from the USFWS Information for Planning and Consultation (IPaC) on-line database is obtained for the project area. The IPaC list identifies threatened, endangered, or candidate species, designated critical habitats, and Special Attention Species and Birds of Conservation Concern. If the project has CDOT oversight, a sensitive species list from the Colorado Parks and Wildlife/Colorado Division of Wildlife website is obtained and assessed in the Sensitive Species Evaluation document. A document is prepared to identify each species of concern, their habitat requirements, and the potential for the species to occur within the project area. If sensitive species likely occur within the project area, mitigative measures and/or timing restrictions are recommended. These measures and restrictions can be added to the engineering plan set notes and be used by Weld County in the preparation of construction contractor bid documents and project schedule. This document is also sent to the COE along with the 404 -Wetland Permit request packet for use by the COE, as the lead Federal agency, in consultation with the USFWS. 404 -Wetland Permit Task- The critical issue for this task is to determine which 404 -Wetland Permit is needed from 'the COE for the project, if mitigation is required, and how mitigation would be obtained. Weld County generally prefers to permit their projects under a Nationwide Permit, but Individual Permits have been obtained as well. If wetland impacts are less than 0.1 acres, no mitigation is required. If impacts to wetlands exceed 0.1 acres, mitigation is required under a Nationwide Fermit. If impacts exceed 0.5 acres, mitigation is required with the preparation of an Individual Permit. Additionally, if impacts to the stream channel exceed 300 square feet, mitigation for this impact must be sought. If the project is a CDOT project, all wetlands within the project area must be identified and delineated even if they are not jurisdictional. Any impacts to wetlands exceeding 503 square feet must be mitigated on -site or at a wetland bank as part of a CDOT project. Likewise, COOT requires the preparation of a Wetland Finding Report as one of the tasks for the CatX Checklist. This entails the preparation of a stand-alone document that evaluates the health of the wetlands within the project area, identifies on -site mitigation or paying for wetland credits from a Wetland Mitigation Bank, and describes how the impacts to wetlands were avoided, minimized, and/or compensated for as part of the project. Ms. Tiglas obtained a Nationwide #14 Permit for Linear Crossings for Mr. Clay Kimmi of Weld County for the WCB 54/13A Replacement project and a Nationwide #14 Permit for Linear Crossings for the Hokestra Trail Improvement project for Ms. Hayley talzano of Weld County in 2020. Additionally, Ms. Tiglas conducts maintenance and monitoring o' mitigation areas that have been identified in the 404 -Wetland Permit for a project. She removes weeds and plants in -fill hydrophytic vegetation. She consults, corresponds, and conducts on -ate meetings with COE staff to assure on -going success of the mitigation areas and to acquire release of a project from further maintenance and annual reporting. Ms. Tiglas has conducted mentenance, monitoring, and annual reporting for the WCR 39 Extension Construction Project and WCB 53/58 and WCR 388 Bridge Replacement Project. Cultural Resources/Historic Survey Task- The critical issue for this task is to identify any historic sites, features, or structures within a given project area and survey and to inventory and evaluate those historic resources in compliance with the National Historic Preservation Act and its implementing regulations (such as 36 CFR 800). This task will be addressed on an as -needed basis by Tiglas Ecological Services' sub -contractor for cultural resources Ms Kelsey Bibo. All work will be performed by a person who meets the Secretary of Interior's Professional Qualifications Standards in the areas of archaeology and history, holds a valid permit issued by the Colorado State Historic Preservation Officer (SHPO) for statewide archaeological survey, and has morethan 20 years' experience in historic preservation compliance in Colorado. For all projects, Ms. Bibo conducts an online search of prior surveys and inventoried historic resources wits the database (COMPASS') maintained by the SHPO, and a field visit to the project area to colleen any required field data; locational information is collected, as needed, with a GPS unit. Field visits routinely entail interactions with local property owners, which often are necessary to collect the data needed to address historic preservation compliance requirements. For the projects that 4he COE will consult with SHPO (no FHWA/CDOT involvement), Ms. Bibo performs a small-scale archaeology field survey and prepares cultural resources inventory forms, as appropriate, for cultural resources that lie within the "area of potential effect" (defined by the agency but subject to SHPO review). In addition to the affected roadway segment, Ms. Bibo prepares inventory forms for potentially affected bridges, canals/ditches, roadways, and residences or farmsteads. Archaeology surveys typically are reported with a "limited -results" form (three -page form with attachments), which are submitted to the SHPO with the inventory forms. Ms. Bibo also provides the COE with a set of recommendations for the Section 106 consultation (in the form of memorandum prepared for Tiglas Ecological Services). Ms. Bibo completed the farmstead building inventory for the WCRs 74 and 31 Roundabout Project in 2023. She worked with the landowner and even received a tour of the washing machine museum the landowner has created over the years. Birds-of-Prey/Migratory Bird Survey Task- The critical issue for this task is to determine if birds - of -prey and/or migratory birds occur within the project area. Ms. Tiglas conducts a series of surveys to identify any stick or cavity nest sites in trees or on structures within or adjacent to the project area or mud nests on bridges or culverts from nesting swallows as well as grass and smaller stick nests belonging to songbirds and other avian species. This work is completed to comply with the Migratory Bird Treaty Act, Section 7 of the Endangered Species Act of 1973, as amended, and the Bald and Golden Eagle Protection Act which provides protection of avian species including birds -of -prey. If a nest site is identified within the project area, generally a timing restriction, mitigative measures, or a setback is recommended. Weld County conducts most bridge and culvert replacement work in the winter months when the surface water is at its lowest levels and this eliminates the issue of migratory nesting swallows but highlights the issue for nesting birds -of -prey because raptors breed, and nest starting in early December and occupy their nest sites through mid - July when they fledge their young. Mitigative measures, like structure netting, were employed by Weld County in 2018 at the WCRs 13 and 34 Intersection Improvement project site near Mead. Weld County will employ a setback at the WCB 19/46.5A Bridge Replacement project site due to a known kestrel cavity nest site near the bridge structure when construction commences. Consultation with CPW's Mr. Mike Grooms was undertaken for a bald eagle nest site near WCR 27.5 in 2023 and weekly monitoring of the nest site was conducted by Ms. Tiglas. Great horned owls established a new nest near WCB 27.5/48A on the Big Thompson River and that nest was added to the monitoring task. Ms. Tiglas is consulting with Mr. Grooms for a potential bald eagle nest site at WCB 54/13A as well. Ms. Tiglas works with Weld County to identify the raptor issue and recommend practical mitigation measures to meet regulatory compliance rules and satisfy agency requirements for project concurrence. Coordination with CDOT Environmental Staff Task- The critical issue with this task is to identify which tasks on the CatX Checklist are to be performed by Weld County and their contractors and which tasks CDOT will perform and establishing that agreement with CDOT at the initial environmental kick-off meeting so there is no confusion later in the project about which resources should be addressed. This task is specific to CDOT projects but is used broadly to stress the importance of coordination with all parties involved in a project. Under CDOT projects, we assume that the projects can be conducted under a CatX Checklist and not an Environmental Assessment or Environmental Impact Statement NEPA process unless identified when the project is first discussed with FHWA/CDOT. This can be completed at the Environmental Kick-off Meeting. At the FIR Meeting, environmental task status should be addressed to identify any outstanding issues or concerns. Additional resource information, i.e., wetland boundaries, birds -of -prey nest sites, etc., can be identified for inclusion onto the plan set along with timing restriction information or mitigative measures that should be employed as part of the project. Additionally, the Spec documents can also be added to the plan set. This will assist Weld County in the eventual contractor bid document preparation. Finally, the FIR Meeting should be used to address any last- minute questvns about environmental resources or their mitigative measures that may delay the signing of the CatX Checklist. Initial Site Arsessment/Phase I Environmental Site Assessments Task- The critical issue for this task is to determine if any potential hazardous materials or waste releases have occurred within the project area aid if they will be detrimental to the proposed project's construction and completion. Although this task was not listed in the RFP, it is essential for CDOT projects as well as Weld County projects where land parcel purchases occur. Ms. Tiglas has prepared Phase I Environmental Site Assessments (ESA) for Weld County for non-CDOT projects and has prepared the Initial Site Assessment (ISA) Form for CDOT projects. Both tasks include the obtainment of Federal, State, and Tribal cataset information about hazardous materials and waste permitting and release information. Additionally, the database information provides links to remediation or violation reporting infcrmation to assist in the determination of a hazard for any given property. Ms. Tiglas prepared a Phase I ESA for Mr. Erich Green for the WCR 39 Extension project where Weld County purchased property in support of the project, and she completed the ISA Forms for completion of the CatX Checklist for CDOT projects, including WCB 19/46.5A Bridge Replacement for Mr. Mike Bedell. WCRs 74 and 33 Intersection Improvement for Cinde Wright, Hokestra Trail Improvementfor Ms. Hayley Balzano, and WCR 47- SH 392 Signalization for Mr. Clay Kimmi. References from Other Projects: WCI 54/13A Bridge Replacement Project on the Big Thompson River with Mr. Mike Bedel and Mr. Clay Kimmi of Weld County. This project was not a FHWA/CDOT oversight project. The project is scheduled to begin in early 2024. Ms. Tiglas conducted andlo- completed a Wetland Delineation, Birds -of -Prey and Migratory Bird Survey; Sensitive Species Evaluation; and obtainment of a Nationwide #14 Permit for Linear Crossings. Mr. Hoffecker completed the historic and cultural resources evaluation packet for sujmittal to the COE as part of the PCN for the 404 -Wetland Permit request. Ms. Tiglas worked with Weld County and J -U -B Engineering to minimize the impacts to wetlands and the steam channel. Additionally, Ms. Tiglas worked on -site with the Youth Corps of Weld County to clear woody -stemmed trees and shrubs as well as clip herbaceous vegetation down to three inches in height after the COE consultation with the USFWS identified a potential PMJM issue. Once the vegetation was cleared to discourage PMJM from burrowing and hibernating within the work zone and photographs of this mitigative measure were provided to the COE and USFWS, the 404 -Wetland Permit was acquired. Ms. Tiglas is cur-ently consulting with Mr. Mike Grooms of CPW about bald eagles nesting near the project area which may result in monitoring of the nest site throughout construction. WCR 39 Extension Roadway Construction with Mr. Erich Green of Weld County. This project involved the construction of a new roadway extension of WCR 39 from WCR 50.5 _o WCR 52 near LaSalle. Ms. Tiglas conducted and/or completed a Wetland Delineation at the Lower Latham Drain Ditch, Birds -of -Prey Survey; Sensitive Species Evaluation; Phase I Environmental Site Assessment; and obtainment of a Nationwide #14 Permit for Linear Crossings for the crossing at the ditch. A Wetland Mitigation Bank was not available to Weld County to purchase wetland credits at the time to compensate for the project impacts to wetlands and on -site wetland mitigation was required. Ms. Tiglas worked with Mr. Erich Green to design a suitable Wetland Mitigation Plan for the creation of 0.283 acres of in -kind wetlands in a configuration that would allow for utility maintenance on the northside of the project area. Ms. Tiglas also assisted Mr. Green with additional document preparation requested by the COE Project Manager including Statements for the Avoidance and Minimization of Impacts to Waters of the United States, Site Selection Statement, Site Protection Instrument Statement, Baseline Information Criteria Statement, Long-term Management Plan, Adaptive Management Plan, and Financial Assistance Statement. Mr. Hoffecker conducted a field survey of the project area and inventoried and evaluated historic resources, including the segments of the UPRR, Lower Latham Drain Ditch, and WCRs 39, 50.5, and 52. The survey report and inventory forms and attachments were submitted by the COE to the SHPO in support of the Section 106 consultation and SHPO concurred with Mr. Hoffecker's recommendations. Ms. Tiglas has been conducting maintenance and monitoring of the five mitigation sites and hopes to get the site released from further annual reporting in 2024. The maintenance entails the removal of noxious and other weedy species as well as in -fill planting of hydrophytic vegetation. Ms. Tiglas has consulted with the COE and met with the COE on the site to identify any potential issues deterring release of the site in 2024. WCB 19/46.5A Bridge Replacement on the Little Thompson River with J -U -B Engineers and Mr. Mike Bedell of Weld County. This project involves funding by FHWA with oversight by CDOT Region 4. Ms. Tiglas conducted and/or completed a Wetland Delineation, Birds -of -Prey Survey; Sensitive Species Evaluation; Noxious Plant Survey; and Initial Site Assessment Form and Database Review. Due to the hydraulic needs of the river at this bridge location, the project became larger and entailed an elevated bridge structure and bank removal upstream and downstream of the bridge. Ms. Tiglas assisted the survey crew with the wetland boundary data capture by accompanying the surveyor in the field. A threatened species, the Preble's meadow jumping mouse, is known to occur on the Little Thompson River on both sides of WCB 19/46.5A. Ms. Tiglas assisted CDOT with formal Section 7 consultation with the USFWS about the mouse and its habitat at the project area through the preparation of a Biological Assessment. The USFWS prepared a Biological Opinion based on the Biological Assessment information and provided a Memorandum of Agreement to Weld County. Mr. Hoffecker inventoried and evaluated historic resources for the project to assist with completion of the CatX Checklist. B. RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. 1 Date: 1� �.�- J By: t L1 C Addendum No. 2 Date: J/F)/ 2 L By: 1,q1 1 Cl_faLLI/L111 FIRM I Vic= \ac li GIC� ��(A ( C€.AVi LC BY4.-tLC.&j-.[L CI i )45 Please print).-.) BUSINESS -- t ADDRESS U I ) I/1S i'� rt DATE CITY, STATE, ZIP CODE L --t v I n vicl O '3 f TELEPHONE NOW 222 2I5i1 FAX --- TAX ID# C ) -1 - 3I -T LS 1 SIGNATURE 1/1 C L i : -(2 • (11a') - E -MAIL tin',f (10 obn A signed copy of the Receipt of Addenda must be included with RFP. It will not be included in the total page count. Failure to include the Receipt of Addenda will result in the proposal not being reviewed or scored by the County. Contract Form Entity Information Entity Name * TIGLAS, DARCY Entity ID* @00007537 O New Entity? Contract Name* Contract ID ON -CALL ENVIRONMENTAL SERVICES CONTRACT FOR 7800 2024 Contract Status CTB REVIEW Contract Lead * CKIMMI Contract Lead Email CKimmi@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ON -CALL ENVIRONMENTAL SERVICES CONTRACT FOR 2024 WITH OPTIONS TO RENEW IN 2025 AND 2026 Contract Description 2 Contract Type * AGREEMENT Amount" $115,000.00 Renewable* YES Automatic Renewal NO Grant NO IGA NO Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 02/08/2024 02/12/2024 Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com Bid/RFP #* County Attorney B2400038 GENERAL COUNTY ATTORNEY EMAIL Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? YES County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.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 Termination Notice Period Contact Information Contact Info Review Date 02/05/2024 Renewal Date * 12/31/2024 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head .CURTIS HALL DH Approved Date 02/08/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02/12/2024 Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 02/08/2024 02/08/2024 Tyler Ref # AG 021224 Originator CKIMMI MEMORANDUM Date: January 18, 2024 To: Toby Taylor, Purchasing Manager From: Clay Kimmi, Senior Engineer RE: Bid Request No. B2400038 On -call Environmental Services Contract Request for Qualifications/Request for Proposal (RFQ/RFP) # 2400038. On -call Environmental Services Contract for 2024 with possible extensions for 2025 and 2026 was presented to the BOCC on January 17, 2024. Six proposals were received. Of the six proposals received, five of them met the proposal requirements. The one proposal that did not meet the proposal requirements failed follow the directions stated in the RFQ/RFP. Their proposal exceeded the page limit count for the proposal and also failed to include a statement showing their willingness to sign Weld County's standard Professional Services Agreement without any amendments. The five responsive proposals were reviewed by the selection committee comprised of personnel from Public Works and the Purchasing Departments. The proposals were reviewed in accordance with the Quality Based Selection (QBS) process outlined in Section 5-4-150 of the Weld County Code. The QBS process was followed in order to qualify the consultant to perform environmental services on Public Works projects which have CDOT grants attached to them. All five members of the selection committee unanimously ranked Tiglas Ecological Services as number 1. Tiglas Ecological has worked as the County's on -call environmental services consultant for the last 20 plus years. Public Works is extremely pleased with the company's past performances. Ms. Tiglas, the owner of the company, has shown that she can think outside of the box to solve very complex environmental issues surrounding wetlands as well as threatened and endangered species. She approaches every project with common sense and keeps the County's interests in mind when dealing with the federal and state regulatory agencies. Public Works recommends awarding the contract to Tiglas Ecological Services in an amount not to exceed $115,000. Public Works has budgeted for this contract in its 2024 budget. I will plan on attending the BOCC meeting to answer questions that the Board may have. /31 us2,*—bt1(0 &G1OOL WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 E-mail: reverett@weldgov.com E-mail: cgeisert@weldgov.com E-mail: ttaylor@weldgov.com Phone: (970) 400-4222. 4223 or 4454 DATE OF BID: JANUARY 10, 2024 REQUEST FOR: ON -CALL ENVIRONMENTAL SERVICES DEPARTMENT: PUBLIC WORKS BID NO: #B2400038 PRESENT DATE: JANUARY 17, 2024 APPROVAL DATE: FEBRUARY 7, 2024 TIGLAS ECOLOGICAL SERVICES 5015 SWAINSONA DR LOVE LA N D CO 80537 CEDAR CREEK PO BOX 272150 FORT COLLINS CO 80527 ECOLOGICAL RESOURCES LLC 2820 WILDERNESS PLACE, SUITE A BOULDER CO 80301 (JANUARY 31, 2024) VENDORS SMITH ENVIRONMENTAL & ENGINEERING 250 PERRY LANE DACONO CO 80514 TOPOGRAPHIC CO 520 STACY COURT UNIT B LAFAYETTE CO 80026 TRC 123 NORTH COLLEGE AVE SUITE 370 FORT COLLINS CO 80524 THE DEPARTMENT OF PUBLIC WORKS IS REVIEWING THE BIDS. t /3 \ zaa4uJ(ic 6-6001n WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 E-mail: reverett(5weldoov.com E-mail: cgeisert 0 weldgov.com E-mail: ttavlor(a�weldgov.com Phone: (970) 400-4222, 4223 or 4454 DATE OF BID: JANUARY 10, 2024 REQUEST FOR: ON -CALL ENVIRONMENTAL SERVICES DEPARTMENT: PUBLIC WORKS BID NO: #B2400038 PRESENT DATE: JANUARY 17, 2024 APPROVAL DATE: FEBRUARY2024 (JANUARY 31, 2024) VENDORS TIGLAS ECOLOGICAL SERVICES 5015 SWAINSONA DR LOVELAND CO 80537 CEDAR CREEK PO BOX 272150 FORT COLLINS CO 80527 ECOLOGICAL RESOURCES LLC 2820 WILDERNESS PLACE, SUITE A BOULDER CO 80301 SMITH ENVIRONMENTAL & ENGINEERING 250 PERRY LANE DACONO CO 80514 TOPOGRAPHIC CO 520 STACY COURT UNIT B LAFAYETTE CO 80026 TRC 123 NORTH COLLEGE AVE SUITE 370 FORT COLLINS CO 80524 THE DEPARTMENT OF PUBLIC WORKS IS REVIEWING THE BIDS. o1 ao a c -I - o 1 Ica EC,00ga Hello