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Home My WebLink About20242369.tiffConiwctiD1k8b85 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. cionw-Myrioto„ cvciam eP Pos-ka pv- 2024-2369 PLo0-73 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND AXIS SURVEYING & LAND SERVICES, LLC THIS AGREEMENT is made and entered into this `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 Axis Surveying & Land Services, LLC, 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 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: Aaron M. Lund Position: Owner Address: 2139 Grain Bin Drive Address: Windsor, CO 80550 E-mail: aaron@axissurveying.com Phone: 970-231-9501 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: Axis Suevin� L By: Name: Aaron M. Lund Title: Owner nd Services, LLC 8/19/2024 Date of Signature WELD COU TY: ATTEST: 0:„k, BOARD OF COUNTY COMMISSIONERS Wel unty lerk tq the Board WELD COJ LNTY, C�ORADO B Deputy Cle, Kevin D. Ross, Chair SEP 0 9 2024 11 2424 -231 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(a�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 17th Avenue, Greeley, CO 80631 For additional information: bids(a�weld.gov Documents Included in this Bid Package RFP Schedules Schedule A: Bid Instructions Schedule B: Scope of Work S chedule C: Project Schedule Schedule D: Bid Form S chedule 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 S chedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 S chedule 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 Schedule 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(a�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. P ricing Method U nit 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 o ne (or more vendors) to provide surveying services. The agreement will be a not -to - e xceed 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 81, " 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 firms project manager will work with the County's project manager to administer each task order. Task orders will be coordinated with ongoing County cases. i. 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: IOther 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 (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 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 # 82400116 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, covenng all operations required by the Work Such policy shall include minimum limits as follows $1,000,000 each occurrence, $1,000,000 general aggregate, $1,000,000 Personal injury $5,000, Medical payment per person Automobile Liability Insurance Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from 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: N ame: Position: Address: Address: E-mail: Phone: TO COUNTY: N ame: Position: Address: Address: E-mail: P hone: 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 anew 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 I — Proposal Pricing in Schedule D — Bid Form is required. Additional information, including rates, may be requested as pad 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 7.i, 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 - Proaosal 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: Subject: Attachments: Aaron Lund <Aaron@axissurveying.com> Wednesday, July 31, 2024 12:14 PM bids Solicitation #B2400116 - Weld County On -call Professional Surveying Services Schedule D - Bid Form_2024-07--31_signed AML.pdf; W9_2024-07-31_signed AML.pdf; Addendum #1 - Acknowledged_2024-07-31_signed AML.pdf; Acknowledgement of Schedule E&F_2024-07-31_signed AML.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. Hello, I hereby waive my right to a sealed bid. Please see the attached signed documents for the Weld County On -call Professional Survey Services solicitation. I believe I have signed the appropriate pages and provided the necessary documents for your review. I did want to mention a discrepancy I noticed between Schedule E - Insurance (Page 11) insurance limits for 1.a. and 1 .d. and Schedule F - Weld County Contract subsection 13. Insurance (Page 1 7.) It appears that the Professional Liability and Commercial General Liability aggregate values are switched between the two sections. I realize that the question deadline was July 25th, but I believe that clarification may need to be made before issuance of a contract. I appreciate your time and the opportunity to serve Weld County. As a Weld County/Windsor resident since 1998, I always appreciate the chance to serve the County that has made me who I am today! Thanks, Aaron Aaron M. Lund, PLS 38670 Owner/Surveyor/Drone Pilot Q aaron@axissurveying.com aQ 970.231.9501 axissurveying.com Q 2139 Grain Bin Dr Windsor, CO 80550 AXIS SURVEYING 1 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,00sal Pricin Task Unit Unit Cost Document Review/Creation Plat Review (Any subdivision / zoning) Each $1400 Legal Description Review Each $525 Legal Description Preparation Each $875 Verification of Floodplain Elevation Certifications (Field Work) Each $1050 Subtotal: $3850 Research, Review, Meetings and Quality Control Professional Land Surveyor (Colorado Registered) - Hourly Rate Hour $175 Survey Technician - Hourly Rate Hour $175 Drafting - Hourly Rate d Hour $175 Research - Hourly Rate Hour i $175 Plat Creation (Land Survey Plat) Hour $175 Construction Plan Review Hour $175 Field Checks/Inspections - Hourly Rate Hour $175 Subtotal: $1225 Grand Total: $5075 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 #62400116 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 Company Name Address. Phone _ Entry AXIS Surveying & Land Services, LLC 2139 Grain Bin Dr, _Windsor, CO 80550 "970 231 9501 Email. FEIN/Federal Tax ID # aaron@axissurveying corn _ EIN 92-3901267 CONTRACTOR By AXIS Surveying & Land Servlc, s, LLC Name* Aaron M. Lund Title Owner, PLS #38670 July 31, 2024 Date of Signature Solicitation # 82400116 Page 10 ® Farm (Rev October2018) Department of the Treasury Internal Revenue serr: bequest for Taxpayer �y �y g identification Number and Certification ® Go to www us gov/FormW9 for instructions and the latest information Give Form to the requester Do not send to the IRS c,3 0 m c `p 2 w a ° y A, 1 Name (as shown on your income tax return) Name Is required on this line, do not leave this line blank Aaron Michael Lund _ 2 Business name/disregarded entity name, d different from above AXIS Surveying & Land Services LLC 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check following seven boxes 0 Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership single -member LLC ❑ Limited liability company Enter the tax classification (C=C corporation S=S corporation P=Partnership) Note Check the appropriate box in the line above for the tax classification of the single -member owner LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner another LLC that it not disregarded from the owner for r 5 federal tax purposes Otherwise, a si rt-member is disregarded from the owner should check the appropriate box for the tax classifcatlon of ifs owner ❑ Other (see lnstructions)® only one of the ❑ Trust/estate 4 Exemptions certain entities, instructions aempt payee Exemption code fan ( lAcaie�+oatto��r:ma�ra�aao+:ma+n•usi (codes apply only to not individuals, see on page 3) code (if any) from FATCA reporting Y) Do not check of the LLC is LLC ihal 5 Address (number, street, and apt or suite no ) See instructions 2139 Grain Bin Dr Requester's name and address (optional) City, state, and ZIP code Windsor, CO 80550 7 List account number(s) here (optional) WM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box The T1N provided must match the name men on line 1 to avoid I Social security number backup withholding For individuals, this is generally your social secunty 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 n or Employer identification number 0 C,P4rt`II 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 faded to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN See the instructions for Part II, later Certification Sign Signature of / J Here u s person ® wet l 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 !rs gov/FormW9 Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return Examples of information returns include, but are not limited to, the following • Form 1099-INT (interest earned or paid) Date is- 07/31/2024 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U S person (including a resident alien), to provide your correct TIN If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding See What is backup withholding, later Cat No 10231X Form W-9 (Rev 10-2018) Form W-9 (Rev 10-2018) Page 2 By signing the filled -out form, you 1 Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2 Certify that you are not subject to backup withholding, or 3 Claim exemption from backup withholding if you area U S exempt payee If applicable, you are also certifying that as a U S person, your allocable share of any partnership income from a U S trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4 Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct See What is FATCA reporting, later, for further information Note If you area U S person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form WA Definition of a U S person For federal tax purposes, you are considered a U S person if you are • An individual who is a U S citizen or U S resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301 7701-7) Special rules for partnerships Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax Therefore, if you area U S person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U S status and avoid section 1446 withholding on your share of partnership income In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U S status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States • In the case of a disregarded entity with a U S owner, the U S owner of the disregarded entity and not the entity, • In the case of a grantor trust with a U S grantor or other U S owner, generally, the U S grantor or other U S owner of the grantor trust and not the trust, and • In the case of a U S trust (other than a grantor trust), the U S trust (other than a grantor trust) and not the beneficiaries of the trust Foreign person If you area foreign person or the U S branch of a foreign bank that has elected to be treated as a U S person, do not use Form W-9 Instead, use the appropriate Form W-8 or Form 8233 (see Pub 515, Withholding of Tax on Nonresident Aliens and Foreign Entities) Nonresident alien who becomes a resident alien Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U S tax on certain types of income However, most tax treaties contain a provision known as a "saving clause " Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U S resident alien for tax purposes If you area U S resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U S lax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items 1 The treaty country Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien 2 The treaty article addressing the income 3 The article number (or location) in the tax treaty that contains the saving clause and its exceptions 4 The type and amount of income that qualifies for the exemption from tax 5 Sufficient facts to justify the exemption from tax under the terms of the treaty article Example Article 20 of the U S -China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present m the United States Under U S law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years However, paragraph 2 of the first Protocol to the U S -China treaty (dated April 30,1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption If you area nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233 Backup Withholding What is backup withholding" Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments This is called "backup withholding " Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonempioyee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators Real estate transactions are not subject to backup withholding You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return Payments you receive will be subject to backup withholding if 1 You do not furnish your TIN to the requester, 2 You do not certify your TIN when required (see the instructions for Part II for details), 3 The IRS tells the requester that you furnished an incorrect TIN, 4 The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5 You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only) Certain payees and payments are exempt from backup withholding See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information Also see Special rules for partnerships, earlier What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons Certain payees are exempt from FATCA reporting See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information Updating Your Information You must provide updated information to any person to whom you claimed to bean exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person For example, you may need to provide updated information if you area C,corporation that elects to be an S corporation, or if you no longer are tax exempt In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies Penalties Failure to furnish TIN If you fad to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect Civil penalty for false information with respect to withholding If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty Form W-9 (Rev 10-2018) Page 3 Criminal penalty for falsifying information Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment Misuse of TINS If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties Specific Instructions Line 1 You must enter one of the following on this line, do not leave this line blank. The name should match the name on your tax return If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9 If you are providing Form W-9 to an FFI to document a loins account, each holder of the account that is a U S person must provide a Form W-9 a Individual Generally, enter the name shown on your tax return If you have changed your last name without Informing the Social Security Administration (SSA) of the name change, enter your first nome, the last name as shown on your social security card, and your new last name Note TIN applicant Enter your individual name as it was entered on your Form W-7 application, line 18 This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application b Sole proprietor or single -member LLC Enter your individual name as shown on your 1040/1040A/1040EZ on line 1 You may enter your business, trade, or 'doing business as" (DBA) name on line 2 c Partnership, LLC that is not a single -member LLC, C corporation, or S corporation Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line d Other entities Enter your name as shown on required U S federal tax documents on line 1 This name should match the name shown on the charter or other legal document creating the entity You may enter any business, trade, or DBA name on line 2 e Disregarded entity For U S federal tax purposes, an entity that is disregarded as an entity separate from Its owner Is treated as a "disregarded entity " See Regulations section 301 7701-2(c)(2)(iu) Enter the owner's name on line 1 to name of the entity entered on line 1 should never be a disregarded entity The name on line 1 should be the name shown on the income tax return on which the income should be reported For example, if a foreign LLC that is treated as a disregarded entity for U S federal tax purposes has a single owner that is a U S person, the U S owner's name is required to be provided on line 1 If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes Enter the disregarded entity's name on line 2, "Business name/disregarded entity name " If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9 This is the case even if the foreign person has a U S TIN Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on kit 2 Line 3 Check the appropriate box on line 3 for the U S federal tax classification of the person whose name is entered on line 1 Check only one box on line 3 IF the entity/person on line 1 is a(n) THEN check the box for • Corporation Corporation • Individual Individual/sole proprietor or single- • Sole proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an individual and disregarded for U S federal tax purposes • LLC treated as a partnership for Limited liability company and enter U S federal tax purposes, the appropriate tax classification • LLC that has filed Form 8832 or (P= Partnership, C= C corporation, 2553 to be taxed as a corporation, or or S= S corporation) • LLC that is disregarded as an entity separate from its owner but the owners another LLC that is not disregarded for U S federal tax purposes • Partnership Partnership • Trust/estate Trust/estate Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you Exempt payee code • Generally, individuals (including sole proprietors) are not exempt from backup withholding • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC The following codes identify payees that are exempt from backup withholding Enter the appropriate code in the space in line 4 1 —An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 400(b)(7) if the account satisfies the requirements of section 401(0(2) 2 —The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U S commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U S commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9 —An entity registered at all times during the tax year under the investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial Institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Form W-9 (Rev 10-2018) Page 4 The following chart shows types of payments that may be exempt from backup withholding The chart applies to the exempt payees listed above, 1 through 13 IF the payment is for THEN the payment is exempt for Interest and dividend payments All exempt payees except for 7 Broker transactions 'Exempt payees 1 through 4 and 6 through 11 and all C corporations S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012 Barter exchange transactions and patronage dividends Exempt payees 1 through 4 Payments over $600 required to be reported and direct sales over $5,000' Generally, exempt payees 1 through 52 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 I See Form 1099-MISC, Miscellaneous Income, and its instructions 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(1), and payments for services paid by a federal executive agency Exemption from FATCA reporting code The following codes identify payees that are exempt from reportigg under FATCA These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain it the financial institution is subject to these requirements A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable', (or any similar indication) written or printed on the line fora FATCA exemption code A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(o((37) B —The United States or any of its agencies or instrumentalities C —A state, the District of Columbia, a U S commonwealth or possession, or any of their political subdivisions or Instrumentalities D —A corporation the stock of which 0 regularly traded on one or more established securities markets, as described in Regulations section 1 1472-1(c)(1)(i) E —A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1 1472-1(0)(1)(1) F —A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G —A real estate investment trust H —A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J —A bank as defined in section 581 K —A broker L —A trust exempt from tax under section 664 or described in section 4947(4(1) M —A tax exempt trust under a section 403(b) plan or section 457(g) plan Note You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed Line 5 Enter your address (number, street, and apartment or suite number) This is where the requester of this Form W-9 will mad your information returns If this address differs from the one the requester already has on file, write NEW at the top If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records Line 6 Enter your city, state, and ZIP code Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box If you, area resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN) Enter it in the social security number box if you do not have an ITiN, see How to get a TIN below If you area sole proprietor and you have an EIN, you may enter either your SSN or EIN If you area single -member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, if the owner has one) Do not enter the disregarded entity's EIN If the LLC is classified as a corporation or partnership, enter the entity's EIN Note See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations How to get a TIN If you do not have a TIN, apply for one immediately To apply for an SSN, get Form SS -5, Application fora Social Security Card, from your local SSA office or get this form online at www SSA gov You may also get this form by calling 1-800-772-1213 Use Form W-7, Application for IRS individual Taxpayer Identification Number, to apply for an MN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN You can apply for an EIN online by accessing the IRS website at www Its goy/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business Go to my/ Its gov/Forms to view, download, or print Form W-7 and/or Form SS -4 Or, you can go to www us gov/OrderForms to place an order and have Form W-7 and/or SS -4 mailed to you within 10 business days If you are asked to complete Form W-9 but do not have a TIN, apply fora TIN and write "Applied For" In the space for the TIN, sign and date the form, and give it to the requester For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments The 60 -day rule does not apply to other types of payments You will be subject to backup withholding on all such payments until you provide your TIN to the requester Note Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon Caution A disregarded U S entity that has a foreign owner must use the appropriate Form W-8 Part IL Certification To establish to the withholding agent that you are a U S person, or resident alien, sign Form W-9 You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise Fora Joint account, only the person whose TIN 1s shown in Part I should sign (when required) In the case of a disregarded entity, the person,Identified on line 1 must sign. Exemptpayees, see Exempt payee code, earlier Signature requirements Complete the certification as indicated in items 1 through 5 below Form W-9 (Rev 10-2018) Page 5 1 Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983 You must give your correct TIN, but you do not have to sign the certification 2 Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply If you are subject to backup withholding and you are merely providing your correct TiN to the requester, you must cross out Item 2 in the certification before signing the form 3 Real estate transactions You must sign the certification You may cross out item 2 of the certification 4 Other payments You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations) 5 Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or RSA contributions or distributions, and pension distributions You must give your correct TIN, but you do not have to sign the certification What Name and Number To Give the Requester For this type of account 1 Individual 2 Two or more individuals (Ioml account) other than an account maintained by an FFI 3 Two or more U S persons point account maintained by an FFI) 4 Custodial account of a minor (Uniform Gift to Minors Act) 5 a The usual revocable savings trust (grantor Is also trustee) b So-called trust account that is not a legal or valid trust under state law 6 Sole proprietorship or disregarded entity owned by an individual 7 Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1 671-4(b)(2)(i) (A)) Give name and SSN of The individual The actual owner of the account or, if combined funds the first individual on the account' Each holder of the account The grantor -trustee' The actual owner' The grantor' For this type of account 8 Disregarded entity not owned by an individual 9 A valid trust, estate or pension trust 10 Corporation or LLC electing corporate status on Form 8832 or Form 2553 11 Association, club, religious, charitable educational or other tax- exempt organization 12 Partnership or multi -member LLC 13 A broker or registered nominee Give name and EIN of The owner Legal entity's The corporation The organization The partnership The broker or nominee For this type of account Give name and EIN of 14 Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 15 Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1 671-4(b)(2)(i)(B)) The public entity The trust ' List first and circle the name of the person whose number you furnish If only one person on a joint account has an SSN, that person's number must be furnished z Circle the minor's name and furnish the minor's SSN 9 You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line You may use either your SSN or EIN (d you have one), but the IRS encourages you to use your SSN ° List first and circle the name of the trust, estate, or pension trust (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated In the account title ) Also see Special rules for partnerships, earlier 'Note The grantor also mot provide a Form W-9 to trustee of trust Note If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed Secure Your Tax Records From Identity Theft identity theft occurs when someone uses your,personal Information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund To reduce your risk a Protect your SSN, ® Ensure your employer is protecting your SSN, and " Be careful when choosing a tax preparer If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse of wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039 For more information, see Pub 5027, Identity Theft Information for Taxpayers Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS),assistance You can reach TAS by calling the TAS toll -free case Intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059 Protect yourself from suspicious emails or phishing schemes Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites The most common act is sending an email to a user falsely claiming to be an established legitirrmate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft Farm W-9 (Rev 10-2018) Page 6 The IRS does not initiate contacts with taxpayers via emails Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts If you receive an unsolicited email claiming to be from the IRS, forward this message to phrshrngOrrs gov You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484 You can forward suspicious emails to the Federal Trade Commission at span@uce'gov or report them at www ftc gov/comp)arnt You can contact fife FTC at www ffc gov/rdtheft or 877-IDTHEFT (877-438-4338) If you have been the victim of identity theft, see www IdentrtyTheft gov and Pub 5027 Visit www Ifs gov/IdentrtyTheft to learn more about identity theft and how to reduce your risk Privacy Act Notice Section 6109 of the Internal Roost s Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income pod to you, mortgage interest you pod, the acquisition or abandonment of secured property; the cancellation of debt, or contributions you made to an IRA, Archer MSA, or HSA The person collecting this form uses the Information on the form to file information returns with the IRS, reporting the above information Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U S commonwealths and possessions for use in administering their laws The information also maybe disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism You must provide your TIN whether or not you are required to file a tax return Under section 3406, payers must generally withhold a'percentage of taxable Interest, dividend, and certain other payments to,a payee who does not give a TIN to the payer Certain penalties may also apply for providing false or fraudulent information 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, them are also items fisted on page 10 (after Table 1, Proposal Pncing 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 I — Proposal Pncing 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 71, 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 cntena 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: See Updated Table 1 — Proposal Pricing Table 1 - Proposal Pncinc Task Unit Unit Cost Document Review/Creation Plat Review (Any subdivision / zoning) Each $1400 Legal Description Review Each $525 Legal Description Preparation Each $875 Verification of Floodplain Elevation Certifications (Field Work) Each $1050 Subtotal: $3850 Research, Review, Meetings and Quality Control Professional Land Surveyor (Colorado Registered) - Hourly Rate Hour $175 Survey Technician - Hourly Rate Hour $175 Drafting - Hourly Rate Hour $175 Research - Hourly Rate Hour $175 Plat Creation (Land Survey Plat) Hour $175 Construction Plan Review Hour $175 Field Checks/Inspections - Hourly Rate Hour $175 Subtotal: $1225 Grand Total: $5075 Other Fees: Define (Use additional pages as necessary) Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: AXIS ,Surveying & Land Services, LLC. t Signature- < Name: Aaron M. Lund Title: Owner, PLS #38670 July 31, 2024 July 31, 2024 Date of Signature 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 wntten 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 Exnibits. 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 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 dunng 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 underthis 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 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 J 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 Liability Insurance Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from 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 appropnated, 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 onginal 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 underthis 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 - AXIS S1h4 urveyin rid Services, LLC By %Lr` July_31, 2024 Solicitation -4B2400116 Page 21 Name Aaron M Lund Date of Signature Title Owner, PLS #38670 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 AXISSUR-01 ALLYSON AWRU' CERTIFICATE OF LIABILITY INSURANCE DATDM/YY) 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 is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NRMEACT David Hamilton Renaissance Insurance Group PO Box 478 Windsor, CO 80550 PHONE FAX (ac, Ne, Ert): (970) 315-3032 10022 (ac, NO E-0rA1L S: dhamilton@team-rig.com ADDRESdhamilton team-ri com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : ACE Property And Casualty Insurance Company 20699 INSURED INSURER B: Chubb Group of Insurance Co. 20370 AXIS Surveying & Land Services, LLC INSURER C: Pinnacol Assurance 41190 2139 Grain Bin Dr. coo Hartford Insurance Group Windsor, CO 80550 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LTR TYPE OF INSURANCE ADDL SVZ INSD WVD POLICY NUMBER POLICY EFF fall= AMA% IMNIDDIYYYYI LIMBS A X COMMERCIAL GENERAL LIABILRY CLAIMS -MADE OCCUR X O01736358 6/1/2024 6/1/2025 EACH OCCURRENCE $ 1,000,000 DpREMi8E5(EaOccu ence) $ 1,000,000 MED EXP (Any one person) $ 5'000 PERSONAL & ADV INJURY $ 1'000'000 GENII_AGGREGATE LIMIT APPLIES PER: X POLICY .70 8-, Lac OTHER: GENERAL AGGREGATE $ 2'000'000 PRODUCTS - COMP/OP AGG $ 2,000,000 B AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY SCHEDULED AUTOS _ AUOTNOS OIN Y 73634445 6/1/2024 6/1/2025 COMBINED SINGLE LIMIT IEa acddentl 1,000,000 $ BODILY INJURY(Per person) $ BODILY INJURY (Per accident) $ (Pen a ntr"GE $ B X UMBRELLA LIAR X OCCUR EXCESS LIAR CLAIMS -MADE D01736383 6/1/2024 6/1/2025 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1'000'000 DED I I RETENTION $ $ C WORKERS COMPENSATION VI EMLOYERS' LIABam V / N QAQN�V PROPRIETgOR/PARTNER/EXECUTI" (MFaridaloryEn NFl) EXCLUDED? !1 Dyes, describe unde DESCRIPTION OF OPERATIONS below NIA 4244654 6/1/2024 6/1/2025 - X I STATUTE I I 24" E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1'000'000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liabili D Professional Liabili 34OH0639868 34OH0639668 6/6/2024 6/6/2024 6/6/2025 6/6/2025 Each Claim Aggregate 1,000,000 1,000,000 DESCRIPTION OF OPERATxNS / LOCATIONS I VEHICLES (ACORD et' Additional Remarks Schedule, may be attach" if more space is required) Subject to policy forms, conditions, definitions and ezelusions. Weld County Department of Planning, Weld County, Colorado, It's Elected Officials, and It's Employees are included as additional insured with respect to General Liability, when required by written contract. CERTIFICATE HOLDER CANCELLATION Weld County Department of Planning Services P 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 758 Greeley, CO 80632 AUTHORIZED REPRESENTATIVE I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* Entity ID* AXIS SURVEYING AND LAND @00049007 SERVICES LLC Q New Entity? Contract Name* Contract ID ON -CALL PROFESSIONAL SURVEYING SERVICES 8685 AGREEMENT - AXIS SURVEYING & LAND SERVICES, LLC 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 SERVICES AGREEMENT - AXIS SURVEYING & LAND SERVICES, LLC - 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 County Attorney GENERAL COUNTY 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 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 Bid/RFP #* B2400116 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 12/31/2024 Committed Delivery Date Renewal Date Expiration Date* 12/31/2024 Contact Info 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 Finance Approver Legal Counsel ELIZABETH RELFORD CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/03/2024 09/03/2024 09/03/2024 Final Approval BOCC Approved Tyler Ref # AG 090924 BOCC Signed Date Originator DRANDERSON BOCC Agenda Date 09/09/2024 Hello