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Home My WebLink About20242368.tiffCa,1ra<ritnkakoay MEMORANDUM TO: Board of County Commissioners DATE: September 9, 2024 FROM: Dawn Anderson, Planning Services SUBJECT: Bid B2400116: On -Call Professional Surveying Services Agreements Bid B2400116 is for On -Call Professional Surveying Services. The Planning Services Department has Thirty Thousand dollars ($30,000) budgeted for these services and received ten (10) total bid submittals. Based on the competitive bids, Planning Services recommends awarding two (2) contracts for these on - call professional surveying sevices. Therefore, Planning Services recommends awarding the bid and entering into a Professional Services Agreement wtih the two lowest bidders: Rick Engineering Company and Axis Surveying & Land Services, LLC. The contracts will split the $30,000 budget into two not to exceed $15,000 agreements. conwfiricvds- 9/a/z4 2024-2368 PL(O13 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND RICK ENGINEERING COMPANY THIS AGREEMENT is made and entered into this it day of September, 2024, by and between the Board of Weld County Commissioners, on behalf of the Planning Services Department, hereinafter referred to as "County," and Rick Engineering Company, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) or Request for Proposal (RFP) as set forth in Bid Package No. B2400116. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this 1 Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified 2 accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed Fifteen Thousand ($15,000.00) as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all 3 personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the 4 construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Types of Insurance. Workers' Compensation /Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. 5 Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 6 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: 7 a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Michael S. While Position: Associate Principal Address: 5690 Webster Street Address: Arvada, CO 80002 E-mail: mwhile@rickengineering.com Phone: 303-423-6036 TO COUNTY: Name: Dawn R. Anderson Position: Development Review Manager Address: 1402 N. 17th Avenue Address: Greeley, CO 80632 E-mail: dranderson@weld.gov Phone: 970-400-3736 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the 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. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not 8 create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work 9 under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of federal or state law. If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5- 103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States, if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 10 32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: Rick Engineering Company By: Name: Michael S. While Date of Signature Title: Associate Principal 714..:4_41 V.4 August 14, 2024 WELD COU ATTEST: 1 be ' BOARD OF COUNTY COMMISSIONERS Weld o Clerk to t - Board WELD COUNTY. COLORADO BY Deputy Cler 'J o th B Kevin D. Ross, Chair SEP 0 9 2024 11 Z024" Z3(6 S Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601 Exhibit A Professional Services - Invitation for Bid (IFB) Cover Sheet Bid Number: B2400116 Title: On -call Professional Surveying Services Issue Date: July 19, 2024 Questions Due: July 25, 2024, by 3:00 p.m. Questions email: bids@weld.gov Bid Due Date: July 31, 2024. by 3:00p.m.. Purchasing's Clock Bid Delivery: Preferred email to bids�weld.gov or hand delivery to 1301 North 17t'' Avenue, Greeley, CO 80631 For additional information: bids(a�weld.gov Documents Included in this Bid Package RFP Schedules S chedule A: Bid Instructions S chedule B: Scope of Work Schedule C: Project Schedule S chedule D: Bid Form Schedule E: Insurance S chedule F: Weld County Contract Table of Contents Professional Services — Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 RFP Schedules 1 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work 5 Project Overview 5 Method of Procurement 5 Pricing Method 5 Project Scope 5 S chedule C - Project Schedule 8 Schedule 8 S chedule D - Bid Form 9 Bid Submittal Instructions 9 Fees 9 Attestation 10 S chedule E — Insurance 11 Insurance 11 Insurance Mailing Information 12 Schedule F - Weld County Contract 13 Contractual Obligations 13 Weld County Standard Contract 13 Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County. Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: On -call Professional Surveying Services Bids will be received until: July 31, 2024 at 3:00 p.m. (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on July 31, 2024 at 3:30 p.m. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 591020540# Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1 PREFERRED: email bids to bids(c(c�weld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1 Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the Solicitation # B2400116 Page 3 person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors. and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including. but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms. Solicitation # B2400116 Page 4 Schedule B - Scope of Work Project Overview Weld County is seeking bids for professional land surveying firms that are interested in providing general on -call surveying services for various planning and development review projects. Work can include but is not limited to in-depth survey records research, preparation and review of land survey plats and subdivision plats, preparation and review of land descriptions, preparation and review of right-of-way plans, review of construction plans, and preparation of exhibits, legal descriptions, and drawings for use with acquisitions. The County reserves the right to award to one (1) or multiple professionals/firms. The County's total award will not exceed $30,000.00 for the 2024 calendar year. Method of Procurement Invitation for Bid (IFB): An Invitation for Bid (IFB) is a procurement method often referred to as a sealed bid solicitation. When issued,. the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding and IFB the contract. Pricing Method Unit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost. Project Scope The scope of this project is for On -call Professional Surveying Services. The scope of services to be performed under the on -call services contract generally may consist of, but not be limited to planning, review, research, and surveying for various land use types. Typical assignments may include the following tasks: 1. General. Below are general items pertaining to the desired services: a. Preparation, research, or review of legal descriptions, deeds, titles, plats, boundary surveys, topographical surveys, land ownership mapping, floodplain mapping, and easement/right-of-way maps. b. Performing quality assurance work associated with various types of surveying, planning, and development review work. c. Reviewing, suggesting corrections.. and making professional recommendations on the checking of parcel maps, records of survey, right-of-way issues, a variety of land use cases and final subdivision maps. d. Other associated professional services, as requested. 2. Process. In general, the process for on -call surveys will proceed as follows: a. The County intends on entering in to master on -call professional services agreement with one (or more vendors) to provide surveying services. The agreement will be a not -to - exceed amount established by budget. The amount will be shared by awarded vendors. Solicitation # B2400116 Page 5 b As tasks arise, the awarded vendor(s) will be contacted to provide a quote for the desired service The desired service will be approved through a task order or separate contract This will allow ease of tracking progress and payments for the various projects c The County will request survey work on an as needed basis The request will include the intent, scope, and deliverables applicable to the specific project d Upon making a request, the County, with input from the Surveyor, will outline a reasonable timeline that the deliverable must be submitted e Payments from the County to the Surveyor will be made on a project task order basis Payment will be made after successful completion of the task order and upon receipt of an acceptable invoice from the Surveyor f The County reserves the right to hire more than one on call survey firm 3 Deliverables Deliverables may vary on a task order basis In general, the Surveyor must have the capability to deliver a Each deliverable must be able to be submitted both by hard copy and/or electronically based on specific task order request Hard copy documents will vary from 8'/" x 11" up to 24" x 36" b All deliverables, if required, shall be stamped by a registered Colorado Land Surveyor 4 Number of Projects a The County does not intend to set a minimum or maximum number of survey projects b The Surveyor may identify a maximum number of projects in the proposal based on workload 5 Utility Locates a Surveys may involve underground utility locates b The County does not intend to coordinate the utility locates with utility providers It is intended that the Surveyor will coordinate any necessary utility locates and obtain any necessary as -built information from utility providers 6 Exclusions a Please be advised that by entering into this contract, that the County is in no way obligated to use only the Surveyor or Surveyors that have an "On -Call" contract with the County b In addition, the County may, at the County's discretion, use other organizations for surveying services 7 Other a All services shall be in accordance with the Weld County Code and state statute b The selected firm(s) will be required to communicate with Weld County frequently and provide a timely response to all work requests c The selected firm(s) will operate independently and must supply their own equipment, hardware, software, and office space d The selected firm(s) must be available for phone calls and occasional meetings both in the office and in the field e When the selected firm(s) are required to attend meetings with Planning Services staff they shall clearly demonstrate their knowledge and capabilities to perform the surveying services as described above Solicitation # B2400116 Page 6 f All work will be at the request of Weld County on a task order basis and there is no minimum amount of work guaranteed g County staff will provide as much historical information, maps, as-builts, and any other associated documents as possible Self-reliance in accomplishing the tasks associated with the projects, however, should be anticipated h Each task order will provide a specific scope, budget, and schedule of services required The firm's project manager will work with the County's project manager to administer each task order Task orders will be coordinated with ongoing County cases Interested firms must be experienced in providing surveying services for projects of a scope and nature comparable to those described above To be considered, the work shall be performed by or under the direct supervision of a professional land surveyor licensed and in good standing with the State of Colorado j This contract is anticipated to be active from August 28, 2024, through December 31, 2024 Solicitation # B2400116 Page 7 Schedule C - Project Schedule Schedule Below is the anticipated solicitation schedule for this project: Advertisement Date Bid Questions Due Bids Are Due Bids Presented to BOCC Bid Award Notice Contract Execution Contract Completion July 18, 2024 July 25, 2024 July 31, 2024 August 5, 2024 August 19, 2024 August 28, 2024 December 31, 2024 Solicitation # B2400116 Page 8 Schedule D - Bid Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 3:00p.m. on July 31, 2024: 1) Schedule D — Bid Form 2) W9, if applicable.* 3) Any potential or future Addenda must be completed/acknowledged. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project in the space below: To be considered a complete bid, each line item below must have a unit cost applied. The award of bid will be based on low bid for the grand total. Hourly rates are required and may be used for any task work order requests that do not fall into the noted task line items. Table 1 - Proposal Pricin Task Unit Unit Cost Document Review/Creation Plat Creation (Land Survey Plat) Each Legal Description Review Each Legal Description Preparation Each Verification of Floodplain Elevation Certifications (Field Work) Each Subtotal: Research, Review, Meetings and Quality Control Professional Land Surveyor (Colorado Registered) - Hourly Rate Hour Survey Technician - Hourly Rate Hour Drafting - Hourly Rate Hour Research - Hourly Rate Hour Plat Review Hour Construction Plan Review Hour Field Checks/Inspections - Hourly Rate Hour Subtotal: Grand Total: Other Fees: Define (Use additional pages as necessary) The undersigned, by his or her signature, hereby acknowledges and represents that: Solicitation # B2400116 Page 9 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2400116. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement of Schedule E — Insurance and Bond 5. Acknowledgment of Schedule F — Weld County Contract 6. By submitting a responsive bid or proposal. the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 7. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Attestation Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature Solicitation # B2400116 Page 10 Schedule E - Insurance Insurance 1. The Contractor shall furnish a certificate of insurance for commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability upon notification of award and prior to performance. Work shall not commence under this Agreement/Contract until the Contractor has submitted to the County, and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance. a. Commercial General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage, and personal injury. Each Occurrence General Aggregate $1,000,000 $2,000,000 b. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1,000,000 (each accident) Personal Injury Protection Per Colorado Statutes c. Workers' Compensation Insurance: Per Colorado Statutes d. Professional Liability Insurance*: to include coverage for damages or claims for damages arising out of the rendering, or failure to render, any professional services. Each Occurrence $1,000.000 *This insurance requirement applies only to Contractors who are performing services under this Agreement as professionals licensed under the laws of the State of Colorado, such as physicians, lawyers, engineers, nurses, mental health providers, and any other licensed professionals. 2. The Contractor's commercial general liability, comprehensive automobile liability workers' compensation, and professional liability insurance policies and/or certificates of insurance shall be issued to include Weld County Government as an "additional insured" and shall include the following provisions: a. Underwriters shall have no right of recovery or subrogation against the County. it being the intent of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of the Contractor. b. The insurance companies issuing the policy or policies shall have no response against the County for payment of any premiums due or for any assessments under any form of any policy. Solicitation # B2400116 Page 11 c. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 3. If any of the said policies shall be or at any time become unsatisfactory to the County as to form or substance. or if a company issuing any such policy shall be or at any time becomes unsatisfactory to the County, the Contractor shall promptly obtain a new policy, submit the same to the Purchasing Division of Weld County for approval, and thereafter submit a certificate of insurance as herein provided. a. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as provided herein, this Agreement/Contract, at the election of the County, may be immediately declared suspended, discontinued, or terminated. b. Failure of the Contractor to obtain and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement/Contract, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification. c. Contractor shall provide copies insurance coverage policies to the County department maintaining contract administration duties. These include initial policy, updated/changes to coverage, extensions, renewals, etc. 4. If the Contractor is a Joint Venture, then the respective parties thereto are each individually held fully responsible for completion of the project according to the terms of this Agreement. The parties thereto also have joint and several liabilities to the County for any liquidated damages assessed or for performance bond claims against the Joint Venture. The performance bond and all insurance required by this Agreement shall set forth the identity of each party to the Joint Venture. Insurance Mailing Information Certificates of Insurance and endorsements shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Dawn Anderson Email: dranderson@weld.gov Telephone: 970-400-3736 Mail: Weld County Department of Planning Services ATTN: Dawn Anderson PO Box 758 Greeley, CO 80632 Solicitation # B2400116 Page 12 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Below is the standard Weld County Contract for Professional Services. PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND [CONTRACTOR] THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of the Planning Services Department, hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the Solicitation # B2400116 Page 13 time, skill, expertise, and experience necessary to provide the services as set forth below NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows 1. Introduction The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the, performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work") If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall` control, and the remaining order of precedence shall based upon order of attachment Exhibit A consists of County's Request for Bid (RFB) or Request for Proposal (RFP) as set forth in Bid Package No B2400116 Exhibit B consists of Contractor's Response to County's Request 2 Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement 3 Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year This Agreement may be extended upon mutual written agreement of the Parties 4 Termination; Breach, Cure County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient, and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE " If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and, which have been approved by the County, (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment, and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work County shall be entitled to the use of all material generated _ pursuant to this Agreement upon termination Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such Solicitation # B2400116 _ Page 14 termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (CR5. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely Solicitation # B2400116 Page 15 responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement 8 Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors 9 Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County 10 Confidentiality Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL " However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C R S 24-72-201, et seq , with regard to public records, and cannot guarantee the confidentiality of all documents Contractor agrees to keep confidential all of County's confidential information Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement 11 Warranty Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review If the County expenences additional costs dunng project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs 12 Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc , generated during completion of this Solicitation # B2400116 Page 16 work Acceptance by County of reports and incidental matenal(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default,which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally 13 Insurance Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this'Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period For all coverages, Contractor's insurer shall waive subrogation nghts against County Types of Insurance. Workers' Compensation /Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment The policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work Such policy shall include minimum limits as follows $1,000,000 each occurrence, $1,000,000 general aggregate, $1,000,000 Personal injury $5,000, Medical payment per person Automobile L►ab►l►ty Insurance Contractor shall maintain limits of,$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract, and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed Minimum Limits $1,000,000 Per Loss, $2,000,000 Aggregate Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion County may require Contractor to provide a certificate of insurance naming Weld County, Solicitation # B2400116 Page 17 Colorado, its elected officials, and its employees as an additional named insured Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement Certification of Compliance with Insurance Requirements The Contractor stipulates that it has met the insurance requirements identified herein The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies 14 Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County A failure to comply with this provision shall result in County's right to immediately terminate this Agreement 15 Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder Such consent may be granted or denied at the sole and absolute discretion of County 16 Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have_access to and Solicitation # B2400116 Page 18 the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations. change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: Address: E-mail: Phone: 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws; rules and regulations in effect or hereafter established, including without limitation. laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the 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 Solicitation # B2400116 Page 19 contained in this Agreement This Agreement may be changed or supplemented only by a written instrument signed by both parties 22 Fund Availability Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year 23 Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement 24 Survival of Termination The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination 25 Severability If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 26 Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq , as applicable now or hereafter amended 27 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 28 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee 29 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute 30 Public Contracts for Services Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program Contractor shall not knowingly employ or contract with an Solicitation # B2400116 Page 20 illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Contractor shall comply with reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of federal or state law If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages Except where exempted by federal law and except as provided in C R S § 24-76 5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States, if such individual applies for public benefits provided under the contract If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the, contract 31 Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 32 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR By Solicitation # B2400116 Page 21 Name Title Date of Signature WELD COUNTY ATTEST Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY Deputy Clerk to the Board Kevin Ross, Chair Solicitation # B2400116 Page 22 Addendum # 1 Bid Request Number B2400116 On -Call Professional Surveyor Services Bid Posted: 7/18/2024 Questions & Answers Q: Are we correct to understand that the following items are all that are required for this bid: 1. Schedule D -Bid Form 2. W9 3. Acknowledgement of potential or future addenda 4. Items as Requested in Bid Specifications and/or Scope of Work. a. Can you further define anything that may be necessary for this requirement? A: In addition to the four (4) items above, there are also items listed on page 10 (after Table 1, Proposal Pricing and before the Attestation). Specifically, the following: - Acknowledgement of Schedule E — Insurance Bond and - Acknowledgement of Schedule F —Weld County Contract 4.a. - No other items besides those discussed above are required. Q: Does the County require a statement of firm capabilities? A: No, a statement of firm capabilities is not required. Q: Does the County require a full rate sheet that includes both Survey and SUE? A: No, at this time only Table 1— Proposal Pricing in Schedule D — Bid Form is required. Additional information, including rates, may be requested as part of a specific Task Work Order. Q: May we submit qualification information with Schedule D — Bid Form? If so, is there a page limit? A: Qualification isn't required to be submitted separately. Project Scope Ti, on page 5 of the bid document form, states: Interested firms must be experienced in providing surveying services for projects of a scope and nature comparable to those described above. To be considered, the work shall be performed by or under the direct supervision of a professional land surveyor licensed and in good standing with the State of Colorado. By submitting a bid, you are agreeing that your firm meets these criteria. Q: Table 1 — Proposal Pricing requests a Unit Cost for Plat Creation (Land Survey Plat). As the price for such Land Survey Plat varies widely depending on parcel size and boundary complexity, how does the County want this cost to be formulated? A: Updated Table 1 — Proposal Pricing Table 1 - Proposal Pricin Task Unit Unit Cost Document Review/Creation Plat Review (Any subdivision / zoning) Each Legal Description Review Each Legal Description Preparation Each Verification of Floodplain Elevation Certifications (Field Work) Each Subtotal: Research, Review, Meetings and Quality Control Professional Land Surveyor (Colorado Registered) - Hourly Rate Hour Survey Technician - Hourly Rate Hour Drafting - Hourly Rate Hour Research - Hourly Rate Hour Plat Creation (Land Survey Plat) Hour Construction Plan Review Hour Field Checks/Inspections - Hourly Rate Hour Subtotal: Grand Total: Other Fees: Define (Use additional pages as necessary) Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Signature: Name: Title: August 14, 2024 Date of Signature Exhibit B Rose Everett From: Sent: To: Cc: Subject: Attachments: Kim Ceresa <kceresa@rickengineering.com> Monday, July 29, 2024 12:59 PM bids Mike While; Robert Hennessy REP for On -Call Professional Services - Bid Number B2400116 WELD COUNTY ON-CALL_B2400116.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon, We are pleased to provide our attached proposal for the On -Call Professional Services Bid Number B2400116. Please find the attached. "I hereby waive my right to a sealed bid". Thank you, Kimberly CereSa, MS-RECM, LEED AP BUSINESS DEVELOPMENT SPECIALIST 5690 Webster Street D 303-403-2420 RICK rickengineering.com 1 RICK On -call Professional Surveying Services Weld County Subconsultant Rate Sheet Rick Survey Services Overview July 31ST, 2024 Weld County Purchasing Department 1301 N. 17th Avenue Greeley, CO 80631 R RICK RE: On -Call Professional Services — Bid Number B2400116 To Whom it May Concern, We are pleased to present the enclosed qualifications to the Weld County Purchasing Department. The RICK Team offers the County the following benefits: A Local Team with Comprehensive Capabilities: The RICK Team will provide a depth of local resources with local and regional experience, seasoned project management, and knowledge of County standards. We have formulated a team with strengths and capabilities tailored to accommodate the as -needed design services necessary to implement survey services throughout Weld County on various projects as needed. Innovative Approach Responsive to Unique Task Order Needs: We bring knowledge and experience in virtually every area of survey design and project management. Our experience and familiarity with a variety of survey services allow us to better serve Weld County by understanding their critical goals, applying creative cost-effective problem solving, and through our ability to mobilize quickly as we approach and complete project task orders. Highly Experienced Local Professionals: The RICK Team also includes staff in key disciplines with a rich history of successful project and task order delivery. We have a diverse team with overlapping capabilities, allowing us to concurrently fulfill multiple task orders. License & Insured: The RICK Team holds various professional licenses along with a comprehensive Insurance plan to provide our clients with the most up-to-date coverage and professionalism ensuring our work completed will comply with city, county & municipality requirements. In summary, you will find we provide a strong local team with seasoned project management, a proven track record, and the ability to deliver on time and within budget. On behalf of the RICK Team, we look forward to this opportunity to further our relationship with the Weld County Purchasing Division and associated staff in supporting delivery of various important survey projects. Additionally, I hereby waive my right to a sealed bid. Sincerely, tenc.4.4siiii& Michael S. While, P.E. Associate Principal Schedule D - Bid Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 3:00p.m. on July 31, 2024: 1) Schedule D — Bid Form 2) W9, if applicable.* 3) Any potential or future Addenda must be completed/acknowledged. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project in the space below: To be considered a complete bid, each line item below must have a unit cost applied. The award of bid will be based on low bid for the grand total. Hourly rates are required and may be used for any task work order requests that do not fall into the noted task line items. Table 1 - Pro osal Pricin p Task Unit Unit Cost Document Review/Creation Plat Review (Any Subdivision/ zoning) Each $360.00 Legal Description Review Each $180.00 Legal Description Preparation Each $900.00 Verification of Floodplain Elevation Certifications (Field Work) _ Each $750.00 Subtotal: $2,190.00 Research, Review, Meetings and Quality Control Professional Land Surveyor (Colorado Registered) - Hourly Rate Hour $165.00 Survey Technician - Hourly Rate Hour $120.00 Drafting - Hourly Rate Hour $120.00 Research - Hourly Rate Hour $120.00 Plat Creation (Land Survey Plat) Hour $165.00 Construction Plan Review Hour $165.00 Field Checks/Inspections - Hourly Rate Hour $185.00 Subtotal: $1,040.00 Grand Total: $3,230.00 Other Fees: Define (Use additional pages as necessary) Utility Locate Fees Upon request **Provided by Tom Richardson LLC Each/Hour See attached Solicitation # 82400116 Page 9 Range Boxes as necessary (materials and installation) **Completed by Tom Richardson LLC Each $2,000.00/day installation fee plus $85.00/unit material fee — upto4 units/day installed The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2400116. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement of Schedule E — Insurance and Bond 5. Acknowledgment of Schedule F — Weld County Contract 6. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 7. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Attestation Item Entry Company Name: Rick Engineering Company 5690 Webster Street, Arvada CO 80002 Address: Phone 303-423-6036 Email: mwhile anrickengineering.com 46-3764381 FEIN/Federal Tax ID #: CONTRACTOR: By Name of State of Incorporation: ectio-rendo Name: Mt c-406,ei s h. le Title: asic &In 41°1/4 Date of Signature Solicitation # B2400116 Page 10 Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Rick LnStneen'3 6on,ry I iiiis Signature: Name: 44 cwilti 5 104.6 Title: A5laca'atc Prtscepct I 7--2iel'f Date of Signature Solicitation # B2400116 Page 11 Form W-9 (Rev. October 2018) oepartl"R of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.ts.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. ei c O c d 1 Name (as shown on your income tax return). Name is required on this line; do not !save this ffne blank. Rick Engineering Company - Colorado 2 Business name/disregarded entity name, if different from above dba: Jehn Engineering 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or El C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S. corporation, P=Partnership) ► Note: Check the appropriate box In the One above for the tax classification of the single -member owner. Do not check LLC If the LLD Is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC Is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is dsregarded from the owner should check the appropriate tax for the tax classification of its owner. ❑ Other (see Instructions) ► 5 Address (number, street, and apt. or suite no.) See instructions. 5690 Webster Street 8 City, state, and I1P code Arvada, CO 80002 7 List account number(s) here (optional) 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (App!. b accounts main.. outside the U.S., Requester's name and address (optional) • Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. • Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting fora number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report ail interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generality, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part II, later. 03318 security number I I or 1 Employer identification number 4 1614131.1,1 Sign I signature of Here U.S. parson ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1O99-INT (interest earned or paid) Date ► 1 /4�co.4 • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1O99-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-0 (stock or mutual fund sales and certain other transactions by brokers) • Form 1O99 -S (proceeds from real estate transactions) • Form 1 D99 -K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1O98 -E (student loan interest), 1098-7 (tuition) • Form 1O99 -C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you area U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a 77N, you might be subject to backup withholding See What is backup withhokfing, later. Cat. No. 10231X Form W-9 (Rev. 10-2510) EXHIBIT B - PRICING OM ICHARDSON LLC Subsurface Utility Engineering/Locating, Hydro -excavation, & UAV (Drone) Services City/County of Denver, CDOT, & RTD Certified M/WBE, DBE, SBE, EBE 41255 Dublin Drive, Parker, CO 80138 303-699-3524 wwwjQmRichardxonLLC.com Service Price List 2024 Print Acquisition Call in UNCC tickets. Collect prints/mapping from utility owners, annotated positive/negative responses. Client must provide a pdf, kmz, etc. of locate are. $270 for 1-2 UNCC tickets $405 for 3-4 UNCC tickets (The number of tickets is determined by 811) If an engineering locate is completed within 30 days of the ticket dates, the print acquisition price will become a composite of the utility engineering locate price. Private Utility Locates Locate private utilities within a predetermined work area. Rate depends on open access, weather. Client must provide utility mapping if any exists. $270 2 Hr Minimum per person. $135/hr after 1 hour on -site. Engineering Utility Locates (SUE QL B) Gather all mapping and utility data from utility owners in a predetermined work area. Send field crew to mark utilities with paint in the field. Provide digital deliverable which includes prints, 811 positive responses, and a hand drawn sketch. Can be used in coordination with Survey company to provide Quality Level B SUE per the ASCE standard 38-02. Price per estimate based on limits provided by client. Potholing Pothole utilities at locations picked by client to measure the depths. Deliverable is a pothole log and photo documentation of the utility, once exposed. Can be used in coordination with Survey/Engineering company to provide Quality Level A SUE per the ASCE standard 38-02. $550 per hole. Half/Full day rate: $1,800/$3,000 Core Drilling - Core drill asphalt/concrete. $90/hole Diligent Search Excavation and restoration of Rangeboxes/Monuments per the governing municipality's standard. Est 2-4 monuments/day. Half/Full Day rate: $1,300/$2,200 Mobilization Mobilize crew(s) based on work at hand. Drive times calculated from property address in Parker, CO. Utility Locates - $135 Per Truck, Per Hour Potholing/Core Drilling - $160 Per Truck, Per Hour Dump fee - $130 per load Restoration fee per pothole - pass through +15% Traffic control plan - $120 per MHT Traffic control/barricades daily rate - pass through +15% Uniformed Traffic Control Plsnn (UTCP) daily rate - pass through +15% Permit fees — pass through +15% SUE certification per request - pass through +15% Administration fees - $135/NTP Pothole Management fees - $270/NTP per 5 working days, after that $100/day additional Storm/Sanitary Camera Locates Camera Mobilization - $150/hr Camera - $100/hr Utility Locate Disclaimers: Mainline Camera - $250/hrService Line Bid is based on limits indicated on the attachment provided by client. Additions to original limits or if the attachment is not accurate as to what is on the property, additional fees may be charged. Bid is also based on access being open. If no access causes a delay to men working or requires a return trip, additional fees may be charged. Bid does not include locating sanitary or storm. Under Senate Bill 18-167 utility owners now have 11 business days to respond to a UNCC engineering ticket. If the client requests or accepts the locate to be scheduled before the receipt of all responses and a return trip is required, additional fees may be charged. (Effective 5/8/19) Scheduling is weather permitting. If weather causes a cancellation or delay, Tom Richardson LLC will contact the client to set an agreed upon reschedule date/time. Bid is good for 90 days from this date. Invoicing/payment is Net 30 /8%. Pothole Disclaimers: Bid is based on limits indicated on the attachment provided by client. Additions to original limits or if the attachment is not accurate as to what is on the property, additional fees may be charged. Bid is based on the geo-tech report provided by client. If no geo-tech report is available upon time of Bid, unexpected soil quality may affect ability to work within the proposed timeframe and costs. If adverse ground conditions are encountered, Tom Richardson LLC (TR LLC) will notify the client and move on to the next hole until a change order is completed and submitted to our office. Bid is also based on access being open. If no access causes a delay to men working or requires a return trip, additional fees may be charged. A hole is defined as 36" wide and 6' deep. If no utility is found within these dimensions, TR LLC will notify the client and move onto the next hole until a change order is completed and submitted to our office. If the client cannot provide a waste dump area, there will bean extra fee (T&M) associated with each dump. Client must pre -mark pothole locations, or arrive to verify TR LLC's hole placement, before work can begin. Restoration will be based on the standard of the County/Municipality where work is taking place, and the cost will be passthrough +15%. Any necessary Traffic Control will be passthrough +15% Any necessary Permits will be passthrough +15%. Scheduling is weather permitting If weather causes a cancellation or delay, TR LLC will contact the client to set an agreed upon reschedule date/time. Under Senate Bill 18-167 utility owners now have 6 business days to respond to a UNCC potholing ticket. If the client requests or accepts the locate to be scheduled before the receipt of all responses and a return trip is required, additional fees may be charged (Effective 5/8/19) If client causes a cancellation or delay, Tom Richardson LLC will contact the client to set an agreed upon reschedule date/time, and additional fees maybe charged. Invoicing/payment is Net 30 / 8%. Bid is good for 90 days from date given. Comprehensive Survey Services A Trusteed Pas we With two locations on the Front Range supported by nine regional offices, RICK partners with clients to build resilient communities and infrastructure through innovative and dynamic solutions. SEAMLESSLY INTEGP ATrr. INTERDISCIPLINARY SERVICES Survey and Mapping Traffic & Transportation Civil Engineering Water Resources GIS and Reality Capture Landscape Architecture Urban Design Community Planning Economic Analysis i (rn;r1' tr rte,t rj- ALTA/NSPS Surveys Topographic Mapping Records of Surveys Boundary Analysis/ Right -of -Way Surveys GIS Services RICK is our go -to firm for surveying services. RICK staff provide exceptional customer service - we can rely on them to be responsive, timely, and recommend practical solutions. Bryan Horan. Manager, Ventar'a Capital Legal Descriptions & Plats Preliminary and Final Subdivision Plats Construction Staking Final Construction Surveying St ik'J RICK try I:` 4 SURVEY Et)U!`-7MErdr: Electronic Total Stations Robotic Total Stations Global Positioning System Receivers Lidar Laser Scanner Drone Aerial Survey Package z A Proven Colorado Leadership Team Led by Professional Land Surveyors licensed in Colorado, our Surveying Division uses state-of-the-art technologies for initial entitlement surveys through final construction staking and as-builts. Robert Hennessy PLS Survey Department Manager 46 years of experience 303-906-7413 rhennessy@rickengineering.com Mike While PE Civil Principal, Office Lead 36 years of experience 303-403-2418 mwhile@rickengineering.com RICK Mark Wilson PLS Surveyor Manager 32 years of experience 303-403-2406 mwilson@rickengineering.com Rob Fitch PE Civil Principal, Office Lead 22 years of experience 303-537-8020 rfitch@rickengineering.com rickengineering.com Delivering Precise Surveys of Any Terrain RICK is your source for surveying services. No matter the project complexity, we deliver accurate and cost-effective solutions tailored to our clients' needs. Gaylord Hotel Aurora, CO Construction Staking for the new 15,0}0-sf Grand Lodge Games Lawn and Mountain View Event Pavilion. Land Survey Plat ..!ttleton, CO This 40 -acre boundary survey of a private residence was especially challenging due to the mountainous terrain. Completed with GPS and a Robotic Total Station Park Ridge Arvaaa, CO Pe'fomied construction staking for award -winning green community comprised o1625 homes, retail shops. office center recreation facilities, and paths. Subdivision & Design Trinidad, CO Survey and engineering of 146 acres of rugged terrain, which required crossing four arroyos and working closely with BNSF as the property runs adjacent and parallel to the railroad. ARVADA CENTENNIAL SAN DIEGO ORANGE RIVERSIDE SANTA CLARITA SAN LU S OBISPO SACRAMENTO LAS VEGAS PHOENIX TUCSON ACRD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder's an ADDITIONAL INSURED, the pohcy(Ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Cavignac 451 A Street, Suite 1800 NAMEACT Certificate Department PHONE I FAX (ac. No. Ext) 619-744-0574 (a . No 619-234-8601 ADDRIEsn certificates@cavtgnac coin San Diego CA 92101 INSURER(S) AFFORDING COVERAGE NAIL # INSURER Valley Forge Insurance Company 20508 INSURED RICKENG 01 Rick Engineering Company — Colorado, d b a Jehn Engineering, Inc INSURER B Continental Casualty Co 20443 INSURER XL Specialty Company 37885 INSURER 5690 Webster Street, Arvada CO 80002 INSURERS INSURER F CERTIFICATE NUMBER 711375200 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INTYPE LTR OF INSURANCE ADDL SUER INSD MD POLICY NUMBER (MMIDDY/YYYY) (MMIDDY/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EI OCCUR Y 6076046485 1/1!2024 1/1/2025 EACH OCCURRENCE $2000,000 PREM SES (Ea occTu ante) $ 1 000,000 MED EXP (Any one person) $ 15 000 PERSONAL 8 ADV INJURY $ 2 000 000 GENERAL AGGREGATE $ 4 000,000 GEN L AGGREGATE LIMIT APPLIES PER X POLICY E] JECT El L. OTHER PRODUCTS - COMP/OP AGG $4000,000 Deductible $ 0 B AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED AUTOS x NON -OWNED AUTOS ONLY Y 6076046499 1/1/2024 1/1,025 OTnE, SINGLE LIMIT (CEa acaden0 $1000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ A WORKERS COMPENSATION ANDEMPLOYERS LIABILITY OFFICER/MEMBER EXCLUDED y In NH/PARTNER/EXECUTIVE Y� A (Mandatory (Mandatory in NH) If yes descnbe under DESCRIPTION OF OPERATIONS below N / A WC 6 76137871 1/1/2024 1/1/2025 0 I PER 1OTH STATUTE ER E L EACH ACCIDENT $ 1 000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability DPR5032940 8/15/2024 8/15/2025 Each Claim Aggregate $5 000 000 $10 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additwnal Remarks Schedule, may be attached if more space is required) Re Fairplay (aka Village at City Center —Aurora) Additional Insured coverage applies to General Liability and Automobile Liability for Weld County Finance Department per policy form Primary coverage applies to General Liability and Automobile Liability per policy form Professional Liability - Claims made form, defense costs included within limit If the insurance company elects to cancel or non -renew coverage for any reason other than nonpayment of premium they will provide 30 days notice of such cancellation or nonrenewal ICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Finance Department ACCORDANCE WITH THE POLICY PROVISIONS Purchasing Department 1301 North 17th Avenue AUTHORIZED REPRESENTATIVE Greeley CO 80601 I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD CNA Business Auto Policy Policy Endorsement ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization AS RPM IIRFr) RY WRITTFN CONTRACT 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for at-achment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown belov., and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Endorsement Effective Date: Endorsement Exp ration Date: Endorsement No: 30; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Policy No: 6076046499 Policy Effective Date: 01/01/2024 Copyright CNA All Rights Reserved. CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of' language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Page 1 of 2 Policy No: 6076046485 Effective Date: 01/01/2024 Insured Name: Rick Engineering Company Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1 give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 Insured Name: Rick Engineering Company Policy No: 6076046485 Effective Date: 01/01/2024 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: CNA74858XX (1-15) Policy No: 6076046485 Insured Name: Rick Engineering Company Effective Date: 01/01/2024 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021A (02-2013) Named Insured: Rick Engineering Company Policy No 6076046485: 6076046499 WC676046521; WC67613787 `' CNA All Rights Reserved. Contract Form Entity Information Entity Name* Entity ID* RICK ENGINEERING COMPANY @00049006 New Entity? Contract Name* Contract ID ON -CALL PROFESSIONAL SURVEYING AGREEMENT - 8684 RICK ENGINEERING - B2400116 Contract Status CTB REVIEW Contract Lead * DRANDERSON Contract Lead Email dranderson@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * ON -CALL PROFESSIONAL SURVEYING CONTRACT - RICK ENGINEERING - B24001 16 - SURVEYING & RESEARCH ON -CALL CONTRACT THROUGH 2024 Contract Description 2 Contract Type* AGREEMENT Amount* $15,000.00 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PLANNING Department Email CM- Planning@weldgov.com Department Head Email CM-Planning- DeptHead@weldgov.com Requested BOCC Agenda Due Date Date* 09/07/2024 09/11/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES County Attorney Bid/RFP #* GENERAL COUNTY B2400116 ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV 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 * 12/31/2024 Committed Delivery Date Renewal Date Expiration Date* 12/31/2024 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 09/03/2024 Approval Process Department Head ELIZABETH RELFORD DH Approved Date 09/03/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09/09/2024 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 09/03/2024 09/03/2024 Tyler Ref # AG 090924 Originator DRANDERSON Hello