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HomeMy WebLinkAbout20242470.tiffConitiaC4--t i* 39 ZZ PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND KIMLEY-HORN AND ASSOCIATES, INC. THIS AGREEMENT is made and entered into this day of Dec-eYY ,V, 2024, by and between the Board of Weld County Commissioners, on behalf of Community Development Block Grant (CDBG) Department, hereinafter referred to as "County," and Kimley-Horn and Associates, Inc., hereinafter referred to as "Consultant". WHEREAS, County desires to retain Consultant to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Consultant is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Consultant 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 Consultant and Consultant's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) as set forth in Bid Package No. B2400121. Exhibit B consists of Consultant's Response to County's Request. 2. Service or Work. Consultant 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. Consultant 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 Consultant's completion of the responsibilities described in the attached Exhibits. Both of the parties to this cement nyridw- izip /24 ��� 2024-240 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 Consultant. 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 Consultant is using, by whatever method it deems expedient; and, Consultant 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, Consultant 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 Consultant 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, Consultant 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 Consultant shall be the basis for additional compensation unless and until Consultant 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, Consultant'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 Consultant 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 Consultant 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 Consultant's successful completion of the Work, and County's acceptance of the same, County agrees to pay Consultant an amount not to exceed $90,820 as set forth in the Exhibits. Consultant shall submit an invoice on a monthly basis for hours worked during the preceding month. County shall pay Consultant within thirty (30) days of receipt of Consultant's invoice. 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 Consultant 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, Consultant 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 Consultant hereunder and Consultant 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, Consultant 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 Consultant 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 Consultant. Consultant agrees that it is an independent Consultant and that Consultant'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. Consultant shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. SubConsultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any SubConsultant agreements for the completion of 3 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. Consultant shall require each SubConsultant, as approved by County and to the extent of the Work to be performed by the SubConsultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any SubConsultant hired by Consultant and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and omissions of its agents, employees and SubConsultant. 9. Ownership. All work and information obtained by Consultant 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 Consultant 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. Consultant shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. Any modifications made by the County to any of the Contractor's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Contractor will be at the County's sole risk and without liability to the Contractor. 10. Confidentiality. Confidential information of the Consultant should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Consultant 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. Consultant agrees to keep confidential all of County's designated confidential information. Consultant 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. Consultant 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. Consultant 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. Consultant 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. 4 12.Acceptance of Services Not a Waiver. Upon completion of the Work, Consultant shall submit to County originals of all deliverables, 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 Consultant 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 Consultant, 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. Consultant 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, Consultant'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 Consultant'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 Consultant or SubConsultant is exempt under Colorado Workers' Compensation Act., AND when such Consultant or SubConsultant executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance induding public liability and property damage, covering all operations required by the Work. Such policy shall indude 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: Consultant 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. Consultant shall maintain limits for all claims 5 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, Consultant 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 Claim; $2,000,000 Aggregate. Proof of Insurance. Upon County's request, Consultant 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 Consultant to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. SubConsultant Insurance. Consultant hereby warrants that all SubConsultant 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 Consultant's policies to the minimum limits as required herein. Consultant agrees to provide proof of insurance for all such SubConsultant 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 Consultant. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Consultant from liabilities that might arise out of the performance of the Work under by the Consultant, its agents, representatives, employees, or SubConsultant. The Consultant shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Consultant 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 Consultant 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 Consultant stipulates that it has met the insurance requirements identified herein. The Consultant 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 Consultant and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14.Indemnity. The Consultant 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 and wrongful acts or omissions of any type or 6 character to the extent caused by or arising out of negligence in the performance of professional services 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 Consultant to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Consultant 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 negligent performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Consultant 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 Consultant 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 Consultant for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Consultant may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Consultant 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 Consultant 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 Consultant agrees that a 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 Consultant, involving all matters and/or transactions related to this Agreement. Consultant 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 7 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 CONSULTANT: Name: Ines Galmiche, AICP Position: Project Manager Address: Kimley-Horn and Associates, Inc. Address: 3325 S. Timberline Road, Suite 130 E-mail: Ines.Galmiche(a)kimley-horn.com Phone: 720-541-5671 TO COUNTY: Name: Elizabeth Relford Position: Grants & Project Support Officer Address: 1150 O Street Address: Greeley, CO 80631 E-mail: erelford(a.weld.gov Phone: 970-400-3748 19. Compliance with Law. Consultant 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 Consultants 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 create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 8 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, Consultant agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services Consultant certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Consultant 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. Consultant shall 9 not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a SubConsultant that fails to certify with Consultant that the SubConsultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Consultant 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 Consultant obtains actual knowledge that a SubConsultant performing work under this Agreement knowingly employs or contracts with an illegal alien, Consultant shall notify the SubConsultant and County within three (3) days that Consultant has actual knowledge that a SubConsultant is employing or contracting with an illegal alien and shall terminate the subcontract if a SubConsultant does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Consultant shall not terminate the contract if within three days the SubConsultant provides information to establish that the SubConsultant has not knowingly employed or contracted with an illegal alien. Consultant shall comply with reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. Consultant shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Consultant 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. Consultant 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 Consultant fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Consultant 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 Consultant receives federal or state funds under the contract, Consultant 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 Consultant 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 Consultant 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. 10 Acknowledgment. County and Consultant 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. CONSULTANT: Kimley-Horn and Associates, Inc. By: November 12, 2024 Date of Signature Name: Alissa Connelly Title: Regional Contract Lead WELD CO TY: ATTEST: m;4, BOARD OF COUNTY COMMISSIONERS Weld County-Clerko the Board WELD COUNTY, COLORADO Imo"' BY: IA, LJI l . �:�� `✓ • Deputy Clerk o the Boar•`t "; ;` Ate.' 11 DEC 0 9 2024 Z0Z4'241O EXHIBIT A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601 Professional Services — Invitation for Bid (IFB) Cover Sheet Bid Number: B2400121 Title: Housing Needs Assessment for Unincorporated Weld County Issue Date: August 8, 2024 Pre -Bid Meeting: August 15, 2024 at 10:00 am Pre -Bid Location: 1402 N 17th Avenue, Greeley, CO 80531 Questions Due: August 26, 2024, by 5:00 pm Questions email: bids(Sweld.gov Bid Due Date: September 11, 2024, by 10:00 am, 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@weld.gov Documents Included in this Bid Package IFB Schedules Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance Schedule F: Weld County Contract Table of Contents Professional Services — Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work 5 Project Overview 5 Method of Procurement 5 Pricing Method 5 Project Scope 5 Deliverables 5 Other tasks 7 Project Workflow / Requirements 7 Qualification Criteria 8 Schedule C - Project Schedule 10 Schedule 10 Schedule D — Bid Form 11 Bid Submittal Instructions 11 Fees 11 Attestation 12 Schedule E — Insurance 13 Insurance 13 Insurance Mailing Information 14 Schedule F — Weld County Contract 15 Contractual Obligations 15 Weld County Standard Contract 16 Solicitation #62400121 Page 2 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: Housing Needs Assessment for Unincorporated Weld County A mandatory pre -bid conference will be held on August 15, 2024 at 10:00 am at the Weld County Planning Department Office located at 1402 N. 17th Avenue, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bid will be received until: September 11, 2024 at 10:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on September 11, 2024 at 1:00 pm. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 232 289 115 058 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 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 bidsta/weld.gov. If your bid exceeds 25MB, please upload your bid to https://www.bidnetdirectcom. 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 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. Bidder are required to use the Bid Forms 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 Schedule C — Project Schedule. 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 bidder's 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. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of solicitations and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms. BID REQUEST #62400121 Page 4 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide a Housing Needs Assessment for Unincorporated Weld County. 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 an IFB contract. Pricing Method Low Bid: Low Bid is a procurement method where the county requests a price from multiple sources and bases the award decision on the lowest priced bid that meets specifications. Project Scope Weld County is soliciting bids from consultants who can conduct a housing needs assessment (HNA) for the unincorporated portion of the county and produce a well written report, in accordance with the Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program and with Senate Bill 2024-174. Weld County is one of the fastest growing counties in the state. The purpose of the HNA is for data collection of housing using the best available data for all unincorporated county residents, but specifically in accordance with Colorado Department of Local Affairs (DOLA) requirements and Housing and Urban Development (HUD) income standards and criteria. The Consultant will perform services to assist Weld County in developing the HNA. The plan development process will include collaborating with county staff. The selected Consultant will perform tasks for which they must demonstrate qualifications. Consultants shall clearly demonstrate their knowledge and capabilities regarding the services described. Work is to be conducted in close coordination with county staff through the county's Project Manager. Deliverables The Consultant shall produce a well written HNA report, which shall include at least the following: 1. An estimate of existing housing stock in unincorporated Weld County. 2. An estimate of the unincorporated county's housing needs, sorted by income level and dwelling type, including accessible units, visitable units, supportive units, for -sale units, and rental units. Data for estimating housing needs shall include at least the following: a. Existing and projected housing shortages and surpluses for different household types and income levels (extremely low, very low, low, moderate, and middle), as designated by HUD, based on existing housing stock. BID REQUEST #B2400121 Page 5 b. Current jobs by income level in unincorporated Weld County. c. Current median income in unincorporated Weld County. d. Population change projections, job growth projections, and demographic trends in unincorporated Weld County. e. Population and demographics in unincorporated Weld County. f. Measures of local resources dedicated to the development of affordable housing in unincorporated Weld County. g. Vacancy rates in unincorporated Weld County. h. Measures of homelessness and housing instability in unincorporated Weld County. i. Jobs -housing balance, including availability of housing for low-income workers in unincorporated Weld County. 3. An estimate of existing number of households in unincorporated Weld County. 4. An estimate of existing number of jobs in unincorporated Weld County, sorted by annual salary. 5. Identification of areas at elevated risk of displacement in unincorporated Weld County. Criteria for identifying such areas shall include at least the following: a. An estimate of the percentage of residents who are renters in unincorporated Weld County. b. An estimate of the percentage of residents who are cost -burdened (households that spend more than 30% of the household's income on housing) in unincorporated Weld County. c. An estimate of the percentage of residents who are at least 25 years old and do not have a high school diploma or equivalent in unincorporated Weld County. d. An estimate of the percentage of residents whose primary spoken language is not English in unincorporated Weld County. e. An estimate of the percentage of residents who are single heads of household with children under 18 years of age in unincorporated Weld County. f. Data regarding areas in unincorporated Weld County where rents or home values that are increasing at a substantially higher rate than adjacent neighborhoods. g. Data regarding areas in unincorporated Weld County where the volume of existing home sales is substantially higher than adjacent neighborhoods. h. Data regarding areas in unincorporated Weld County with increased sales and use taxes generated from commercial and retail activity. i. Data regarding the number of business closures in unincorporated Weld County. j. An estimate of the percentage of housing stock built prior to 1970 in unincorporated Weld County. k. Existing manufactured home parks in unincorporated Weld County. I. Disadvantaged areas, as determined by the Climate and Economic Justice Screening Tool developed by the Council on Environmental Quality in the Office of the President of the United States, in unincorporated Weld County. m. Areas that will experience increased zoning capacity in unincorporated Weld County after 12/31/2024. BID REQUEST #82400121 Page 6 6. An estimate of existing water supply needs for existing housing stock and estimated housing needs, based on per capita water use rates identified in consultation with the Colorado Department of Natural Resources, in unincorporated Weld County. 7. An assessment of market limitations on the development of housing in unincorporated Weld County. Other tasks 1. The Consultant shall coordinate with staff and collaborate with the Board of County Commissioners (BOCC) to produce a list of potential policy and other actions by the county that could address housing shortages in unincorporated Weld County, if any, and mitigate potential displacement. 2. The Consultant shall provide a cost -benefit analysis of the list of potential actions: an estimate of the number of affordable housing units that might be expected to result from various potential actions the county could take, and an estimate of costs the county may expect to incur to take those actions. 3. The Consultant may be required to attend a BOCC work session and CDBG Advisory Committee meetings to present a verbal and/or written progress report. 4. The Consultant shall prepare and submit a report with an executive summary detailing the findings of the assessment. A draft report shall be submitted for review and comment by county staff, followed by a final report. 5. The draft report shall be made available on the county's website and comments from the public will be solicited through a press release prepared by the Consultant in collaboration with staff. 6. The Consultant shall present the draft report at two (2) "stakeholder" meetings to obtain feedback on the report. 7. Upon acceptance of the final report by staff, the Consultant shall attend a meeting to present to the BOCC, the CDBG Advisory Committee, and the Weld County Planning Commission at a regular lunch meeting of the Planning Commission or at a special work session of the BOCC, and incorporate any changes requested. Project Workflow / Requirements The Consultant shall provide detailed written monthly progress reports with each invoice for the project duration. The monthly progress reports shall include: A cover letter outlining all work billed during the invoice period, work expected to be performed during the next invoice period, any challenges encountered during the invoice period and challenges expected during the next invoice period, and an assessment of the overall project progress (i.e., is the project progressing on schedule and within budget?). All necessary backup data required for reimbursement upon request. Supplementary data showing the personnel working on a task, their hourly rate, and number of hours billed. If applicable, subconsultant invoices shall include the same information. BID REQUEST #B2400121 Page 7 A. Task 1: Project Manaeement/Oroanization: The Consultant shall schedule a project kick-off meeting with the Consultant team and county staff. This kick-off meeting will define the roles of the participants, go over the schedule, set future meetings, and review the scope of work. During this kick-off meeting, the Consultant will be expected to schedule bi-weekly meetings to review progress and coordinate upcoming tasks with the Project Manager. The Consultant shall coordinate and manage project progress meetings and submit monthly invoicing. The Consultant may be required to attend bi-weekly progress meetings and conduct presentations at meetings with the BOCC and the public, either in person or remotely. The Consultant shall clearly demonstrate their knowledge and capabilities to perform the requested tasks as described in the bid. This work is to be conducted in close coordination with the Project Manager. Throughout the review process, the Consultant shall be available to participate in meetings with County staff and/or the BOCC, either in person or remotely for a minimum of six (6) meetings. The Consultant shall also participate in at least two (2) in -person public meetings. The Consultant shall prepare presentation materials as appropriate, make presentations, and respond to questions about this planning process and development of the project. Meeting materials should be provided a week in advance of the scheduled meetings. B. Task 2: Data Collection and Review To develop the HNA, the Consultant shall collect, research, review, and analyze applicable data. Data may include, but is not limited to, housing based on segmented population, i.e., disabled persons, veterans, students, families, teachers, first responders, farmers, small business employees, government, etc., data on local workers experiencing overcrowding or homelessness, living in vehicles or recreational vehicles (RVs), or who are at risk of foreclosure or eviction. Data shall be obtained from a windshield survey sampling of unincorporated subdivisions and areas of need in Weld County, along with data resources of the county, the State of Colorado, and/or United States federal government, and other sources. C. Task 3: Document Deliverable Consultant shall provide a digitally accessible PDF, Word document, and shape files, as well as, any support documents or data in creating the HNA Plan. Qualification Criteria The following items will be used to determine qualifications of bidders and must be included with your submittal. Failure to include these items will result in a non -responsive bid. 1. Bidder shall clearly identify the Consultant's methodology for organizing and managing this project to ensure it will be delivered on -time and within budget. 2. Provide qualifications of your firm and staff proposed to perform the work on this project, demonstrating the experience and ability necessary to perform the Scope of Work described in this Schedule B. 3. Provide a list of critical issues the Consultant considers to be of most importance. 4. Provide ideas or suggestions on how your firm can set and meet task order schedules. 5. Provide the methods for determining scope and work hours associated with task orders. BID REQUEST #B2400121 Page 8 6. Provide a list of any similar projects completed within the last five (5) years, along with references involving key staff proposed to work on this project. As part of the reference check process, the County may choose to contact one or more of the listed projects/agencies and/or request copies of the plans and documentation completed. BID REQUEST #62400121 Page 9 Schedule C - Project Schedule Schedule Below is the anticipated schedule for this project: Advertisement Date August 8, 2024 Pre -bid conference August 15, 2024 at 10:00 am Bid Questions Due August 26, 2024 by 5:00 pm Bids Due September 11, 2024 by 10:00 am Bid Award Notice October 2, 2024 Contract Execution October 16, 2024 Draft Plan Completion June 30, 2025 Final Plan Completion September 30, 2025 /ICI BID REQUEST #62400121 Page 10 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 10:00 am on September 11, 2024: 1) Completed, signed Schedule D — Bid Form 2) W9, if applicable. 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. 3) Any potential or future Addenda will need to be completed/acknowledged. 4) All other items as requested in Schedule B — Scope of Work. 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: Task Hours Hourly Rate Task Cost Task 1: Project Management/Organization Task 2: Data Collection and Review Task 3: Document Deliverable Housing Needs Assessment Total Lump Sum Cost $ The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications, and special provisions set forth in the Invitation for Bid for Request No. #62400121. 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 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 and minor irregularities in the bids received, 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. The total cost of preparation and submission shall be borne by the Consultant. All information submitted in response to this Invitation for Bid is public after the Notice of Award has been issued. The Consultant should not include as part of the bid any information which they believe to be a trade secret or other privileged or confidential data. If the Consultant wishes to include such material, then the material should be supplied under separate cover and identified as confidential. Entire bids marked confidential will not be honored. Weld County will endeavor to keep that BID REQUEST #B2400121 Page 11 information confidential, separate, and apart from the bid subject to the provisions of the Colorado Open Records Act or order of court. Attestation Item Company Name: Address: Entry Phone: Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature BID REQUEST #B2400121 Page 12 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. BID REQUEST #82400121 Page 13 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, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Elizabeth Relford, Interim Director Email: erelford@weld.gov Telephone: (970) 400-3748 Mail: Weld County Department of Planning Services ATTN: Elizabeth Relford, Interim Director PO Box 758 Greeley, CO 80632-0758 BID REQUEST #B2400121 Page 14 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 G of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. BID REQUEST #B2400121 Page 15 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 Weld County Department of Planning Services, hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Invitation for Bid Solicitation Package No. Number]. Exhibit B consists of Contractor's Response to County's Request. [Insert Solicitation 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 BID REQUEST #B2400121 Page 16 Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County BID REQUEST #B2400121 Page 17 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 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 BID REQUEST #B2400121 Page 18 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 Proposal 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 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 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, 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 BID REQUEST #B2400121 Page 19 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 -asks 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 BID REQUEST #B2400121 Page 20 Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: N ame: Position: Address: Address: E-mail: P hone: TO COUNTY: N ame: Elizabeth Relford BID REQUEST #B2400121 Page 21 Position Interim Director, Weld County Department of Planning Services Address PO Box 758 Address Greeley, CO 80632-0758 E-mail erelford@weld gov Phone (970) 400-3748 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 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 BID REQUEST #B2400121 Page 22 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. Contractor shall, within twenty days after hiring a new 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. BID REQUEST #B2400121 Page 23 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: 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 D. Ross, Chair BID REQUEST #B2400121 Page 24 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 10:00 am on September 11, 2024: 1) Completed, signed Schedule D — Bid Form 2) W9, if applicable. 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. 3) Any potential or future Addenda will need to be completed/acknowledged. 4) All other items as requested in Schedule B — Scope of Work. 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: Task Hours Hourly Rate Task Cost 160 Various *$27,060 Task 1: Project Management/Organization Task 2: Data Collection and Review 336 Various *$51,560 Task 3: Document Deliverable 68 Various *$11,100 Housing Needs Assessment Total Lump Sum Cost $ **$90,820 *The detailed fee proposal, including subtasks and rates, can be found on page 15. **The Total Lump Sum includes office expenses (mileage, printing, misc.), with further details provided on page 15. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications, and special provisions set forth in the Invitation for Bid for Request No. #B2400121. 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 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 and minor irregularities in the bids received, 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. The total cost of preparation and submission shall be borne by the Consultant. All information submitted in response to this Invitation for Bid is public after the Notice of Award has been issued. The Consultant should not include as part of the bid any information which they believe to be a trade secret or other privileged or confidential data. If the Consultant wishes to include such material, then the material should be supplied under separate cover and identified as confidential. Entire bids marked confidential will not be honored. Weld County will endeavor to keep that information confidential, separate, and apart from the bid subject to the provisions of the Colorado Open Records Act or order of court. Attestation Item Entry Company Name: Kimley-Horn Address: 3325 Suite South 130 Timberline Road Fort Collins, CO 80525 Phone: 720.541.5671 Ines.Galmiche@kimley-horn.com Email: 56-0885615 FEIN/Federal Tax ID #: CONTRACTOR: By: Kimley-Horn and Associates, Inc. Name: Amy Garinger, AICP Title: Authorized Signer 9/11/2024 Date of Signature r. Form W9 (Rev. March 2024) Department of the Treasury; Internal Revenue Service Request for Taxpayer Identification Number and Certification Go to www.irs.gov/FormW9 for instructions and the latest information. Give form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. cvi a) cti c 0 CD c a 0 4-1 0 +r ._ c L 1 n. o 0 a a� cn 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name cn line entity's name on line 2.) Kimley-Horn and Associates, Inc. 2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. Other (see instructions) 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . 5 Address (number, street, and apt. or suite no.). See instructions. 421 Fayetteville Street, Suite 600 6 City, state, and ZIP code Raleigh, NC 27601 7 List account number(s) here (optional) , and enter the business/disregarded 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) (Applies to accounts maintained outside the United States.) Requester's name and address (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (FIN). 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. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number or Employer identification number Part II Certification 5 6 0 8 8 5 6 1 5 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report 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, y are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person General Instruc io Section references are to the Intern. 'evenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. Date 9/11/2024 New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) Acknowledgment of Addenda Kimley-Horn acknowledges Communication No 1 which was published on 8/14/24 We acknowledge any potential or future Addenda that will need to be completed Kimley>>> Horn September 11, 2024 WELD COUNTY PLANNING DEPARTMENT 1402 North 17th Avenue Greeley, CO 80631 KIMLEY-HORN 3325 South Timberline Road Suite 130 Fort Collins, CO 80525 RE Bid for • • Housing Needs Assessment for Unincorporated Weld County Dear Elizabeth Relford and Members of the Selection Committee: Kunley-Horn is pleased to submit our qualifications for the Unincorporated Weld County (County) Housing Needs Assessment (HNA) project. With our multidisciplinary Northern Colorado staff, Kimley-Horn offers the perfect balance of local presence and national expertise supported by firmwide affordable housing experts. The project team assembled by Ines Galmiche, AICP, supported by locally based principle -in -charge Ryder Reddick, AICP, is deeply invested in seeing this community thrive. As individuals who use and interface with the local infrastructure daily, our team brings strong relationships with County staff and a deep understanding of the challenges and distinct opportunities in the County. We commit to being an extension of your staff to help achieve the County's goals and the positive community impact that will result from the project. We are the right partner for this project and ask you to consider the following benefits of selecting our team: Ability to Act as an Extension of Your Team. The Kimley-Horn team (Project Team) is focused on providing this HNA based on listening to and understanding your goals. Conducting a needs assessment paired with ongoing feedback from the public, staff, and both appointed and elected officials will ensure we can provide a comprehensive assessment that will meet your future needs. We will use our experience to act as an extension of your team throughout the project. County Planning Experience. Our team has decades of experience working with and for counties. We understand the complexities of planning for urban, rural, and land resources, engaging a community spread over a large geographical area, and implementing county -wide planning policies. All this ensures planning is synced with local cities. Understanding New Legislation. Our team has specific knowledge of new planning requirements that will be addressed as part of this HNA. With the passing of Colorado General Assembly (CGA) Senate Bill (SB) 24-174 and approval by the Governor on May 30, 2024, it is understood that each local government, beginning December 31, 2026, must conduct and publish a local HNA and submit the assessment to the Department of Local Affairs (DOLA) to meet the first step in the Grant programs prioritization criteria for funding under this program. The Director of DOLA has until December 31, 2024, to develop reasonable methodologies for statewide, regional, and local HNAs. These methodologies should establish a baseline standard aimed at producing accurate data for internal state agency planning, grant programs, and use by regions and local governments for planning purposes. At Kimley-Horn, we believe that our clients should expect more and experience better, Whether that means a community engagement plan that translates to reaching key stakeholders within the community or tailored policies to help guide growth over the next 20 years. We hope to earn your trust, assist your team, and serve the Weld County community on this exciting project. If you have any questions, please contact me at 720.541.5671 or Ines.Galmiche@kimley-horn.com. Sincerely, K/MLEY-HORN sciInes Galmiche, AICP L Project Manager Amy Garinger, AICP Authorized Signer Bid for Housing Needs Assessment for Unincorporated Weld County September 11. 2024 1. Methodology for Project Organization and Management Kimley-Horn is focused on project management, from the beginning to the end of each project. Our team's organization, management, and approach are structured to deliver successful planning services. The success of this HNA will be measured by the ability to be implemented successfully in the eyes of the County, elected officials, and most importantly, the residents and stakeholders. Our deliberate and transparent process enlists the participation of County leadership necessary to achieve ultimate success. Our project management methodology consists of the following proven fundamentals: • Develop a clear understanding of what the project is to accomplish (what services we will deliver) • Develop a comprehensive work plan and schedule to accomplish the project goals (when we will deliver) • Set weekly milestones (more manageable) that support the larger milestones • Review milestones with the project team on a weekly basis • Involve stakeholders as integral members of the team • Create an atmosphere that encourages clear communications and teamwork to accomplish the project goals Our project managers receive bi-monthly effort reports on manpower and expenses —helping them to establish a clear picture of project cost, cost control effectiveness, and schedule —all tools they need to keep projects moving ahead. Schedule Control Meeting schedules and budgets is a high priority for Kimley-Horn. Critical elements in maintaining schedules and achieving work goals include a clear definition of the responsibilities of team members and ongoing communication. We develop work plans that allocate staff -hour commitments for each task for almost every project we begin. Our proven capability to meet schedules uses weekly milestone management. Task managers subdivide projects into "milestones" which are clearly defined activities that will be accomplished that week to keep each project on schedule. Estimated hours to complete milestones are allocated to personnel, and short-term overload situations are addressed through the sharing of resources through our "Castahead" process. On a periodic basis, a review of the original project schedule is completed for each individual task item. An estimate of progress (percent completion) is then determined. The schedule is then updated, reviewed by our project team members, and communicated to our client to keep the project on schedule. Cost Control Kimley-Horn uses the Cost Point Engineering Accounting system to track labor hours and expenses for each project. Twice monthly, the Kimley-Horn Management Information System (MIS) generates a Project Effort Report showing by task, actual effort expended and project expenses. This internal control allows us to make, on a timely basis, adjustments that may be necessary to stay within budget and assist in maintaining the project schedule. Kimley >>> Horn oposal for Bid for Housing Needs Assessment for Unincorporated Weld County I September 11. 2024 2. Firm and Staff Qualifications Kimley-Horn's team of in-house housing policy experts is ready to provide the County with a comprehensive and forward -thinking HNA. With a proven record in successful public and stakeholder engagement, the County's goals will be incorporated into the assessment. Drawing on our extensive experience in conducting HNAs, land capacity analyses, comprehensive plan updates, and additional related work, our team will bring valuable expertise to this project. Firm Qualifications Kimley-Horn is a full -service community planning, design, and engineering consulting firm providing services to private- and public -sector clients throughout Colorado and nationwide. Founded in 1967, Kimley-Horn's planning and engineering experts bring decades of experience and are passionate about making a difference in communities. With six offices in Colorado (Figure 1), we focus on creating plans that work well when implemented and support each unique community vision. Our team studies state law so we can provide clients with value beyond what they would expect. Kimley-Horn also focuses on engagement that facilitates the inclusion of all voices. Together, our plans are thoughtful, collaborative, and intentional. Our team is well-equipped to complete the scope of work outlined in the Invitation to Bid (IFB). Figure 1. Kimley-Horn Colorado Offices i _ Broomfield — Denver Downtown Aspen • 336+ Ft. Collins • Weld County Denver Colorado -based staff • Colorado Springs CELEBRATING 17 YEARS AS ONE OF FORTUNE MAGAZINE'S I 'Illi 9 It BEST COMPANIES TO WORK FOR We employ over 8,200 professional, technical, and support personnel in 133 offices from coast to coast. Kimley-Horn has a history of retaining staff by holding fast to our philosophy of providing "an environment for our people to flourish." How does this benefit our clients? Our ability to retain staff ultimately benefits you —the staff you see in this proposal will be the same staff working on your project through its completion. VVe are a privately held, financially strong corporation, owned by practicing professionals and current employees of the firm. Kimley-Horn is ranked #10 on Engineering News -Record's (ENRs) list of top 500 US design firms in 2024. Kimley-Horn has been serving clients in Colorado for over 30 years. Our more than 330 Colorado -based professionals are committed to providing quality services within our communities and completing projects within budget and on schedule. Our local team has grown significantly within the past five years, allowing us to offer our depth of experience to communities such as Weld County. Management Philosophy Kimley-Horn's project management philosophy is one that actively manages resources, schedules, and budgets using workload planning and employees in other offices. It also maintains a level of flexibility to account for the unexpected. Our proposed team knows that resources, schedules, and budgets can be managed, but unknowns must be carefully planned so project trade-offs can be accurately assessed. This aspect of our business is openly communicated and actively advocated within Kimley-Horn. 8 Bid for Housing Needs Assessment for Unincorporated Weld County September 11. 2024 Staff Qualifications The project team has extensive experience in delivering HNAs that will inform and support future housing policy for cities and counties. We have hand -selected a team not only with the availability to serve on your project but also with established relationships with Weld County curated during previous projects. As the project manager, Ines Galmiche, AICP, brings a certified planner background with years of housing -related policy and planning experience. Ines will be the main point of contact throughout the project and will help lead and facilitate each task of the project to ensure a seamless and expedient process through completion. Ryder Reddick, AICP, will serve as principal -in -charge and provide local knowledge and background unique to Weld County. Candyce Burnett will provide technical oversight and she will be responsible for monitoring adherence to quality standards throughout the process. Our team's experience with collaboration enables them to work together seamlessly, leveraging their expertise and stakeholder connections vital for delivering a comprehensive and intentional assessment for the County. Figure 2 delineates each member's role. Brief resumes showcasing proven success in completing relevant projects that demonstrate their ability to perform the Scope of Work described in Schedule B are located on pages 10-12. Figure 2. Organizational Chart PRINCIPAL -IN -CHARGE I GEOGRAPHIC INFORMATION SYSTEM (GIS) Ryder Reddick, AICP WELD COUNTY PROJECT MANAGER I HOUSING LEAD Ines Galmiche, AICP P KEY PLANNING ANALYST Joel Farias P Levi Griffith Aaron Hull QUALITY MANAGER Candyce Burnett P KEY PERSONNEL: 40 9 Bid for Housing Needs Assessment for Unincorporated Weld County September 11. 2024 Project Manager's Experience 1 his assessment requires a project manager with a keen understanding of the County's goals and objectives; an ability to communicate with stakeholders (public, council, and planning); and a project management approach to keep on schedule and be compliant with SB 24-174. Ines is the perfect choice to lead the team. With support from our team, she will ensure that technical elements are completed successfully so the County can use the data to create a robust housing policy that supports its vision for the community over the next 20 years. Ines Galmiche, AICP Project Manager I Housing Lead • Master of Urban and Regional Planning. University of California, Irvine • Bachelor of Sociology, University of California, Santa Cruz • American Institute of Certified Planners (AICP #35452) Ines is a long-range planner working in land use policy, housing planning, and transportation planning. Ines has extensive experience working with jurisdictions to address housing needs; this includes HNAs, land capacity analysis, fair housing analysis, affordable housing incentives, policy development, zoning and development code updates, and community engagement. From working with jurisdictions in California on Housing Elements that promote equitable housing practices and comply with an extensive list of state laws, to working for the State of Washington in creating guidance for jurisdictions updating their comprehensive plans, Ines is skilled in translating local issues and community needs into action plans. She has worked with rural to urban jurisdictions across Colorado, California, Arizona, Nevada, and Washington on various types of planning efforts. Ability to Perform Scope of Work: Ines's extensive experience with housing policy will allow her to successfully lead this assessment for the County and complete the project on schedule and in full grant and legislative compliance. REFERENCES Santa Cruz Housing and Safety Elements: Lee Butler, Director of Planning and Community Development ,' Ibutlei@santacruzca.gov 1831.420.5103 Brentwood Housing and Safety Elements: Alexis Morris, Director of Community Development ! amorris@brentwoodca.gov 1925.516.5195 Scotts Valley Housing and Safety Elements: Taylor Bateman, Community Development Director tbatemangscottsvalley.orq i 831.440.5600 SIMILAR WORK Santa Cruz Housing and Safety Elements, Santa Cruz, CA — Project Manager Scotts Valley Housing and Safety Elements, Scotts Valley, CA — Project Manager Brentwood Housing and Safety Elements, Brentwood, CA — Project Manager Brentwood Zoning Code Updates, Brentwood, CA — Project Manager Watsonville Housing Element, Watsonville, CA — Project Manager Town of Kiowa Comprehensive Plan, Kiowa, CO — Deputy Project Manager Cripple Creek Comprehensive Plan, Cripple Creek, CO — Deputy Project Manager Cripple Creek Economic Development and Tourism Plan, Cripple Creek, CO — Deputy Project Manager Cripple Creek Development Code Review, Cripple Creek, CO — Deputy Project Manager City of Northglenn, Section 36 Area Plan, Northglenn, CO — Deputy Project Manager Dublin Housing, Safety, and Environmental Justice Elements, Dublin, CA — Deputy Proect N anager Fernley North and Southwest Subarea Plans and Design Guidelines, Fernley, NV — Deputy Project Manager State of Washington Department of Commerce — Urban Growth Areas and Rural Planning Guidebooks, Statewide, WA — Urban Planner State of Washington Department of Commerce — Roadmap Phase IV, Statewide, WA - Urban Planner Other California Housing Element Updates: City of Costa Mesa City of Newport Beach City of Filmore City of Menifee City of Hollister City of Pomona City of Rialto City of Pico Rivera City of Solana Beach City of Chino City of Hemet City of Fontana City of Del Mar City of Orange County of Orange City of Murrieta City of Calimesa 10 Kimley '>> Horn er Bid for Housing Needs Assessment for Unincorporated Weld County Ryder Reddick, AICP Principal -in -Charge j GIS • Master of Urban and Regional Planning, University of Colorado, Denver • Bachelor of Political Science, University of Colorado, Denver • AICP ##33979 Ryder is an outgoing professional with 19 years of proven success as a professional land use planner, project manager, and GIS specialist. He is a confident communicator with a professional image and strong organizational skills. He performs well under pressure and has always maintained excellent interpersonal communication with excellent time management skills while working with multidiscipline team members to achieve established goals. He is very community -oriented and loves working with others to solve problems anytime the opportunity arises. Ability to Perform Scope of Work: With extensive experience in land planning, advanced GIS capabilities, and deep local knowledge, Ryder will use his expertise to deliver accurate data analysis, strategic planning, and contextually relevant recommendations that address the community's specific housing needs. SIMILAR WORK Town of Erie Development Review, Erie, CO - Project Manager and Land Planning Consultant City of Evans General City Planning Services, Evans, CO — General Land Planning Consultant' Sunriver Owners Association GIS Platform Development, Deschutes County, OR — Project Manager and GIS I ead Analvstx Pawnee Waste Exploration and Production (E&P) Landfill Major USR Amendment (1 MJUSR20-15-0048), Weld County, CO — Project Manager and Herniattinng Lead Rimrock Energy Partners (REP) Processing Natural Gas Processing Plant Annexation and Change of Zone and Use by Special Review Permitting, Town of Pierce, CO - Deputy Project Manager and Pemiting Leach NWC Natural Gas Compression Facility (USR18-0090), Weld County, CO — Project Manager and Permitting Lead* *Project completed prior to joining Kimley-Horn t September 11. 2024 Candyce Burnett Quality Manager • B_A achelor of Urban and Regional Planning, California State Polytechnic University, Pomona, California Candyce has more than 24 years of planning and California Environmental Quality Act (CEQA) experience in San Bernardino and Los Angeles Counties, including five years in a leadership role as a planning manager and city planner. Candyce is a strong community planning and social services professional who has a strong record of serving clients and collaborating with public sector stakeholders through all phases of entitlement and project development. Her experience includes leadership and support for CEQA analysis, General Plan and Housing Element Updates, Specific Plan and code amendments, land use planning, and historic preservation projects. Her work has also included current and advanced planning, legislative and policy analysis, sustainability plans, programs and grants, mixed -use, and transit - oriented development planning. Ability to Perform Scope of Work: As your quality manager, Candyce will review deliverables to ensure quality across the project team, guided by her extensive experience in land use planning and coordination between her team and important stakeholders. SIMILAR WORK Menifee 2021-2029 Housing Element Update, Menifee, CA - Housing Policy Lead City of Del Mar Sixth Cycle Housing Element Update, Del Mar, CA - Housing Policy Lead KPC Coachella Specific Plan, Coachella, CA — Project Planner 11 Bid for Housing Needs Assessment for Unincorporated Weld County I September 11. 2024 Joel Farias Key Planning Analyst • Bachelor of Science, Environmental Science and Natural Resources, University of Washington Joel is a skilled and practiced land use planner who specializes in entitlements and long-range planning. His experience in entitlements is informed largely by his work in the private sector as a planner with an engineering firm focused on land development. In his role, he has reviewed submittal packages for consistency with jurisdiction code including subdivisions, engineering, building, and environmental permits. His long-range experience sterns from years of comprehensive, housing, land use, and capital facilities planning work for various cities and counties throughout the Pacific Northwest. Ability to Perform Scope of Work: Joel's diverse experience in housing planning, technical GIS expertise, and extensive background in community engagement will contribute to developing solutions that address the County's housing needs across all income levels through irnplementable policy. SIMILAR WORK Woodinville HNA and Action Plan, Woodinville, WA - Analyst* Oak Harbor HNA, Oak Harbor, WA - Analyst* Snoqualmie HNA, Snoqualmie, WA — Analyst* Mercer Island Comprehensive Plan Update, Mercer Island, WA — Analyst Comprehensive Plan Update, Cities of University Place and Snoqualmie, WA — Analyst* Capital Facilities Plan and Environmental Impact Statement, Kitsap County, WA — Analyst* Middle Housing Grant, Cities of Kenmore, Snohomish, and Snoqualmie, WA— Analyst* *Project completed prior to joining Kim/ey-Horn Ability to Perform Scope of Work Our team members are recognized leaders in the field of land use planning, with deep backgrounds in housing policy and conducting HNAs. Our team has a strong track record in addressing complex housing issues, providing us with in-depth research and knowledge of best practices for our assessments. We understand the importance of engaging with the community and collaborating closely with our clients. Our robust public engagement experience allows us to fully understand the needs and goals of the community, enabling us to develop a compelling narrative for the assessment. Our goal is to support the County in using the data we analyze to create effective housing policies that align with anticipated housing goals and needs. In addition to our expertise and experience, we are committed to delivering high -quality work. We have a rigorous quality control process in place to ensure that our assessments meet the highest standards. Quality Assurance/Quality Control (QA/QC) We recognize that each project has its own expectations that need to be understood, and then exceeded. Kimley-Horn's QA/QC measures are built into our project management processes. Core principles of our approach to quality reviews include: • Right the first time. The vast majority of issues are caught and resolved well before any formal QC occurs. • Multidisciplinary coordination reviews. Held before formal QC at each submittal step. • Independent review. At least one review is independent of the design team doing the work —a fresh set of eyes is required before completing the quality review process. • Design checklists. Completed as part of the QC review for each submittal. • Experienced reviewers. The QC reviewer is experienced enough (a senior professional) to not only determine the accuracy of the deliverable and the appropriateness of its presentation but also to identify missing elements and offer original ideas for any rewrites or corrections. • Major project milestones advanced scheduling. Reviews are scheduled ahead of the deliverable deadline to allow the performance of a complete review and changes to be made before submittal. 12 Kimley >> Horn oposal for Bid for Housing Needs Assessment for Unincorporated Weld County ( September 11. 2024 3. Issues and Constraints State Guidance and DOLA Requirements The State of Colorado plans oil releasing guidance in December 2024, after this project has kicked off. This will create an added level of review to ensure that the work completed complies with the new guidance. However, this is not an issue new to Kimley-Horn. When the project team first began working on 6th Cycle Housing Element Updates in California, the State Department of Housing and Community Development (HCD) had yet to release guidance on a long list of new state legislation and requirements. The project team applied prior experience and subject -matter expertise to help guide jurisdictions. Once guidance became available, though still fairly limited, projects were revised. The team also worked with HCD reviewers to better understand the new requirements and translate information to clients. Kimley-Horn recommends clear communication and a superior level of partnership with Weld County to ensure that potential revisions, following the release of guidance, are anticipated and understood. If required revisions go beyond the scope outlined in this scope, Kimley-Horn will ensure those are communicated to staff as early as possible and a potential contract amendment is drafted appropriately. Kimley-Horn's intent for this project is to complete the scope outlined in the IFB within budget and on schedule. Housing Politics In our experience, projects surrounding the provision of housing particularly at densities that exceed single-family to facilitate affordable rates —may incur varying degrees of community backlash. We understand the importance of community values and of maintaining the character that attracted families and individuals to build a life in Weld County. Similarly, it is important for Weld County to ensure adequate housing stock for its community. This includes providing opportunities for the community's workforce (firefighters, police, educators, retail employees — just to name a few) to reside in the same community where they work. This also includes protecting current residents from displacement due to the rising cost of living. A certain level of community engagement and education on the process, requirements, and potential policy outcomes will be needed as part of Weld County's overall housing efforts - including the Housing Action Plan (HAP). This will ensure community buy -in and understanding. County Size and Access to Resources It is Kimley-Horn's understanding that unincorporated Weld County covers approximately 4,000 square miles which makes it the third largest County in Colorado (roughly the size of both states of Rhode Island and Delaware combined) with a population of 328,981 per the 2020 US Census. With such a vast amount of land and low population density, it is important to consider the community's access to resources in proximity to homes. This is particularly important when considering future housing opportunities - if new residential neighborhoods or developments are not constructed within convenient access to resources, then proposed projects should provide for those resources. Kim ley >>> Horn oposal for Bid for Housing Needs Assessment for Unincorporated Weld County September 11. 2024 4. Task Order Schedule Management Our proposed project schedule in Figure 3 demonstrates our schedule management approach for completing all the necessary tasks to complete the HNA by September 30th, 2025. A major factor in successful projects is adhering to all established deadlines. Our schedule will ensure the project will stay on track, avoid delays, and is compliant with funding requirements. We also understand schedules can change during a project. If milestone dates need to be adjusted, we will communicate early and often with the County to maintain a collaborative approach to changes and keep the project progressing. Depending on the project notice -to -proceed being issued by the County, we anticipate the project kick-off meeting will be scheduled and held during the first full week in November 2024. We can immediately begin work on this project upon selection. Our experience developing these plans will contribute to our ability to navigate each step of the process with thoroughness and efficiency. We will also verify that the schedule aligns with the requirements of current County plans. Figure 3. Proposed Schedule WELD COUNTY HNA 2024 2025 TASK# NOV DEC _IAN FEB _ MAR APR MAY JUN JUL AUG SEP Task 1: PROJECT MANAGEMENT AND ORGANIZATION 1.1: Project Kick -Off — Developing a Foundation for Success 1.2: Regular Status Updates and Project Coordination 1.3: Board of County Commissioners (BOCC) and Community Development Block Grant (CDBG) Advisory Committee Meetings 1.4: StFlkehnlrler Meetings TASK 2: DATA COLLECTION AND REVIEW 2.1: Community Workforce Profile 2.2: Housing Affordability and Availability Needs Assessment 2.3: Fair Housing Analysis 2.4: Summary Report 2.5: Policy Recommendations TASK 3: DOCUMENT DELIVERABLE 3.1: Public Review of the Draft HNA 3.2: Final HNA • N • 0 • • • • LEGEND: Deliverable Meeting 14 Bid for Housing Needs Assessment for Unincorporated Weld County September 11. 2024 We have developed a detailed staff -hour and fee proposal (Figure 4) based on our comparable experiences. We welcome the opportunity to sit down with the County and discuss our proposed scope of services and fees in further detail. Figure 4. Fee Proposal TASK # r ANALYST I (FAR/AS) ANALYST II PROFESSIONAL (GALMICHE) SENIOR PROF. I (RYDER) $160 $200 SENIOR PROF. II (BURNETT) T T) $260 ADMIN $155 Task 1: PROJECT MANAGEMENT AND ORGANIZATION TOTAL HOURS 160 LABOR (SUBTOTAL) $27,060 1.1: Project Kick -Off — Developing a Foundation for Success 1.2: Regular Status Updates and Project Coordination 1.3: BOCC and CDBG Advisory Committee Meetings 1.4: Stakeholder Meetings 4 12 8 30 12 4 24 14 2 4 16 8 2 _24 12 54 48 $4,040 $9,060 $8,220 34 $5,740 TASK 2: DATA COLLECTION AND REVIEW 336 $51,560 2.1: Community Workforce Profile 2.2: Housing Affordability and Availability Needs Assessment 2.3: Fair Housing Analysis 2.4: Summary Report 2.5: Policy Recommendations 16 16 8 4 4 32 24 12 12 4 32 24 12 12 16 16 12 4 24 8 24 8 4 4 4 84 84 52 68 $7,360 $12,760 $12,760 $8,000 $10,680 TASK 3: DOCUMENT DELIVERABLE 68 $11,100 3.1: Public Review of the Draft HNA 3.2: Final HNA a 8 12 A 9 4 16 8 2 $5,360 $5.740 Total Hours: 144 108 178 94 28 12 564 $89,720 Office Expenses (Mileage, Printing, Miscellaneous) $1,100 TOTAL FEE: $90,820 15 Bid for Housing Needs Assessment for Unincorporated Weld County September 11. 2024 5. Method for Determining Task Scope and Work Hours Kimley-Horn has developed an approach for completing the scope of services outlined in the County's IFB, including key tasks, individual responsibilities, and needed resources from the County and various stakeholders to ensure successful project completion. All our proposed team members will work on each of the tasks under this contract. Work hours for each task were carefully determined to balance cost with the appropriate experience levels, as outlined in Figure 4. We have identified the team member responsible for leading each of the tasks in our approach. TASK 1. PROJECT MANAGEMENT AND ORGANIZATION Our approach begins with our project manager. We believe that a strong consultant sets the tone for the project with the project team, the client team, and the public. Ines Galmiche, AICP, will serve as our project manager and will be the primary point of contact for the County. Ines will be surrounded by a team of subject matter experts who will partner with her in our team's production efforts. Ines will be supported by principal -in -charge, Ryder Reddick, AICP, who will ensure that all the knowledge, local expertise, and lessons learned over his years of experience successfully transfer into this project. 0 COORDINAT PATE RISKS U p a MANAGE CHANGE Project management Approach • Develop a Project Charter • Establish roles, lines, contacts, and methods (what, who, and how) • Communicate deliverables • Ensure comment resolution and incorporation • Notify team immediately of change • Identify potential risks with thorough preliminary design • Develop alternatives • Mitigate or eliminate risk • Include allowances • Monitor/adjust schedule • Communicate progress/issues updates • Monitor budget • Develop alternatives to mitigate impacts • Communicate proactively BENEFITS • Meet with stakeholders and build consensus • Develop work plan • Maintain database of decisions • Obtain approvals for change • Develop realistic schedule • Forecast weekly/monthly/ six-month staffing • Establish weekly milestones • Anticipate change and include contingencies • Provide monthly updates • Maintain excellent quality • Evaluate budget vs. progress • Review bimonthly effort reports • Control construction costs • Value engineer as needed All parties continuously informed/up-to-date Scope changes controlled Project is delivered on schedule and under budget n O 3-ma3Has isooin ane 1.1 Project Kickoff - Developing a Foundation for Success Our project team will have an initial kick-off meeting, following which we will develop a short project charter. The charter confirms the project goals, schedule, expectations, and requirements. Additionally, it identifies the project team with roles, communication protocols, and project risks/mitigation. This proactive process sets a firm foundation for project work and is especially important given that the project will include close coordination between our project team and multiple County departments and decision -making bodies. 1.2 Regular Status Updates and Project Coordination We suggest setting up bi-weekly virtual check -in meetings with appropriate team members from the County. These meetings can be utilized to review the project schedule, discuss ongoing tasks, and set expectations for the weeks ahead. Our project team will also utilize a bi-weekly or monthly update tool to ensure project tasks stay on schedule. Kimley-Horn will provide agendas and minutes for each of these meetings. 1.3 BOCC and CDBG Advisory Committee Meetings Kimley-Horn will be prepared to provide status updates to the BOCC and CDBG Advisory Committee meeting upon completion of key milestones. This will include written status reports with the completion of the three assessments and the policy recommendations. Kimley-Horn will also attend one (1) BOCC meeting and one (1) CDBG Advisory Committee meeting to present the Summary Report in person. 16 Kimley >>> Horn Bid for Housing Needs Assessment for Unincorporated Weld County 1.4 Stakeholder Meetings The project team will partner with the County to identify a list of relevant stakeholders to engage through two (2) stakeholder meetings. At these meetings, the project team will present the Draft HNA to solicit input and feedback. Engagement from stakeholders will assist in developing policy recommendations that are feasible and digestible to the community. Kimley-Horn will prepare meeting materials and a summary report following each meeting. Kimley-Horn proposes two options for these stakeholder meetings to be considered by the County: 1. Two meetings with the same group of stakeholders to discuss first the data findings and second the proposed policy recommendations; or, 2. One meeting with two different groups of stakeholders based on their expertise and connection to Weld County to present both the data findings and policy recommendations. TASK 2. DATA COLLECTION AND REVIEW Our project team will conduct an HNA for unincorporated areas of Weld County to meet the state rules provided in CGA SB24-174. The assessment will conform with and incorporate the new HNA requirements developed by DOLA once guidance becomes available on December 31, 2024. Until that guidance becomes available, Kimley-Horn will apply its expertise in HNAs to conduct a thorough analysis of the housing stock, community demographics, and economic and environmental factors. September 11. 2024 2.1 Community and Workforce Profile Kimley-Horn will complete a Community and Workforce Profile evaluating Weld County's population demographics and employment and market data. The Profile intends to establish a baseline for the assessment and identify any gaps in housing need. Data to be analyzed includes the following: • Population and demographics • An estimate of the existing number • An estimate of the existing number of jobs, sorted by annual salary of households • Current median income • Population change projections, job growth projections, and demographic trends • Measures of homelessness and housing instability 2.2 Housing Affordability and Availability Needs Assessment Kimley-Horn will complete an assessment of Weld County's housing stock and local programs and initiatives; this assessment will be compared to data findings from the Community and Workforce Profile to identify any gaps in housing need. Data to be analyzed includes the following: • An estimate of the existing housing stock • Existing and projected housing shortages and surpluses for different household types and income levels (extremely low, very low, low, moderate, and middle), as designated by HUD, based on existing housing stock • Measures of local resources dedicated to the development of affordable housing • Vacancy rates • Jobs -housing balance, including the availability of housing for low-income workers • An estimate of the existing water supply needs for existing housing stock and estimated housing needs, based on per capita water use rates identified in consultation with the Colorado Department of Natural Resources • An assessment of market limitations on the development of housing 17 Bid for Housing Needs Assessment for Unincorporated Weld County 2.3 Fair Housing Analysis A critical factor to pair with identifying gaps in housing need is housing displacement risk. It is important for jurisdictions to consider what future housing must be added to the inventory, but it is equally as important to ensure that current residents are not displaced by rising housing costs and changing community demographics. The Fair Housing Analysis will assess the following data: • An estimate of the percentage of residents who are renters • An estimate of the percentage of residents who are cost -burdened (households that spend more than 30% of the household's income on housing) • An estimate of the percentage of residents who are at least 25 years old and do not have a high school diploma or equivalent • An estimate of the percentage of residents whose primary spoken language is not English • An estimate of the percentage of residents who are single heads of household with children under 18 years of age • Areas where rents or home values are increasing at a substantially higher rate than adjacent neighborhoods • Areas where the volume of existing home sales is substantially higher than adjacent neighborhoods • Areas with increased sales and use taxes generated from commercial and retail activity • The number of business closures • An estimate of the percentage of housing stock built before 1970 • Existing manufactured home parks • Disadvantaged areas, as determined by the Climate and Economic Justice Screening Tool developed by the Council on Environmental Quality in the Office of the President of the United States • Areas that will experience increased zoning capacity after 12/31/2024 2.4 Summary Report Kimley-Horn will create a summary report of the findings from the Community and Workforce Profile, the Housing Affordability and Availability Needs Assessment, and the Fair Housing Analysis. The summary report will include an initial draft, revisions following review by the County, and submittal of a final report. September 11. 2024 2.5 Policy Recommendations Following completion of the prior analysis and assessments, Kimley-Horn will provide County staff and the Board of County Commissioners with policy and action recommendations. This will help guide the County in navigating the data findings and next steps, related to potential housing shortages and displacement mitigation. As part of the recommendations, the project team will include a cost -benefit analysis for the number of affordable housing units that might be expected to result from various potential actions the County could take and an estimate of costs the County may expect to incur to take those actions. TASK 3. DOCUMENT DELIVERABLE Kimley-Horn will provide County staff, decision -makers, and the community with opportunities to review and provide feedback on the HNA. 3.1 Public Review of the Draft HNA Kimley-Horn will provide County staff with the complete Draft HNA to be posted to the County's website for public review. This includes a method of collecting feedback. The project team will work with County staff to prepare a press release notifying the community of the public review draft. This step represents an important element as it creates an opportunity for education on housing and affordability, and it engages residents in the process ahead of the County developing an Action Plan. 3.2 Final HNA Upon completion of the final HNA, Kimley-Horn will present to the BOCC, the CDBG Advisory Committee, and the Weld County Planning Commission, and incorporate any changes requested. As part of the final deliverable package, Kimley-Horn will provide the County with a digitally accessible PDF, Word document, shape files, and any additional supporting documentation or data used throughout the development of the HNA. 18 Kimley > Horn Bid for Housing Needs Assessment for Unincorporated Weld County September 11. 2024 6. Similar Completed Projects The following housing policy -related projects have been completed within the last five years and consist of involvement from the key staff of our team. These projects demonstrate our background and experience gained delivering similar projects in size and scope. We invite you to contact our clients to learn more about our work history and quality of service. HOUSING NEEDS ASSESSMENT City of Woodinville, HNA and HAP �► WOODINVILLE, WA The City of Woodinville received HAP grant funds offered through Washington State House Bill (HB) 1923. The HAP studied the existing and future housing needs of the community. The Kimley-Horn team identified strategies and actions that the City can consider to address the community's housing needs. Project tasks included assessing the current and future housing needs of the City through a comprehensive HNA; developing housing strategies and actions that align with community values; comprehensive public engagement efforts; developing strategies and actions, focused on affordable housing options that will assist the city in meeting state and regional planning requirements; and meeting the grant funding requirements. City of Oak Harbor, HNA Kimley >Horn P roject Completion: N ovember 2022 Key Staff Involved: Joel Farias P roject Reference: Robert Grumbach Development Services Director 425.877.2271 robertg@ci.woodinville.wa.us OAK HARBOR, WA A comprehensive study of the City's demographic and workforce profile, income, housing market supply and condition, and land capacity analysis was performed as part of the HNA. The purpose is to examine all the pertinent existing and projected data to identify housing trends, needs, or gaps that would need to be addressed. P roject Completion: January 2022 Key Staff Involved: Joel Farias Project Reference: Cac Kamak Principal Planner 360.279.4514 ckamak@oakharbor.org Bid for Housing Needs Assessment for Unincorporated Weld County City of Santa Cruz, 6th Cycle Housing Element a SANTA CRUZ, CA City of Santa Cruz 202.E-2031 Housing Element TPROHOUSING City of Brentwood, 6th Cycle Housing Element BRENTWOOD. CA City of Brentwood Housing Element 6'" Cycle Update - 2023-2031 September 11. 2024 Kimley-Horn prepared a Housing Element Update for the City of Santa Cruz - which included a HNA - and was awarded a "Pro -Housing" designation by the State of California Department of Housing and Community Development. The project included extensive land use and fair housing analysis, and final policies to address and mitigate housing displacement and further the development of affordable housing near community resources. The project also included extensive community engagement with elected officials, stakeholder groups, residents, and developers. P roject Completion: December 2023 Key Staff Involved: Ines Galmiche, AICP P roject Reference: Lee Butler Director of Planning and Community Development 831.420.5103 Ibutler@santacruzca.gov t�EkylrwuOD ' I I I. I t.. . 11\1111% . L PI l){: \1 I Kimley-Horn prepared the Housing Element Update which included a HNA and extensive land use analysis to identify adequate sites for future housing development, given the City's limited land resources. Community and stakeholder engagement included public meetings and multiple working sessions with the City Council and Planning Commission to explore land use and policy options to address future housing needs. P roject Completion: April 2024 Key Staff Involved: Ines Galmiche, AICP Project Reference: Alexis Morris Director of Community Development 925.516.5195 amorris@brentwoodca.gov 20 Kimley >> Horn Bid for Housing Needs Assessment for Unincorporated Weld County I September 11. 2024 City of Dublin, 6th Cycle Housing Element DUBLIN, CA New state laws required a review of qualified housing sites throughout the City of Dublin, with a focus on mitigating concentrated density and providing affordable housing opportunities in existing neighborhoods and areas of higher opportunity. The City's previous Housing Element focused on a considerable allocation of future housing in the Downtown Dublin Specific Plan area (previously prepared by Kimley-Horn). In this 6th Cycle Housing Element Update, Kimley-Horn prepared a comprehensive HNA and constraints analysis that ultimately led to the rezoning of additional properties to meet the City's housing allocation requirements. Town of Kiowa, Comprehensive Plan P roject Completion: January 2024 Key Staff Involved: Ines Gain -lid -le, AIGP P roject Reference: Jeff Baker Community Development Director 925.833.6610 jeff.baker@dublin.ca.gov a KIOWA, CO Town of Kiowa 2024 Comprehensive Plan Kimley-Horn led the development of the Town of Kiowa's comprehensive plan, which outlines the Town's current conditions and helps guide future development and growth in the Town. The goals and strategies in the plan were determined by identifying the Town's needs, community guidance and input, and the Town's vision for the future. The plan was developed with other planning documents for both the Town (municipal codes and ordinances) and Elbert County (Transportation Master Plan and Comprehensive Plan). The primary goal of the Kiowa Comprehensive Plan is to guide growth in a manner that sustains and enhances Kiowa's sense of place. This involved gathering data on growth trends, future land use plans, and a thorough analysis of the Town's Capital Improvement Plan. P roject Completion: July 2024 Key Staff Involved: Ines Galmiche, AICP P roject Reference: Kimberly Boyd Town Administrator 303.621.2366 kboyd@townofkiowa.com 21 Kimley >>> Horn oposal for Bid for Housing Needs Assessment for Unincorporated Weld County I September 11. 2024 Contract Exceptions Kimley-Horn respectfully requests the following modifications with Weld County's Schedule E Insurance and Weld County Standard Contract. Additions are bolded and removals are strike through: Schedule E - Insurance Page 12, 1. d.: Each Occurrence Claim Page 12, 2.: The Contractor's commercial general liability; and 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: Page 14, 3. c If requested by the County Contractor shall provide copies insurance coverage policies to the County department maintaining contract administration duties. Page 14, Insurance Mailing Information: Certificates of Insurance; and endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Weld County Standard Contract Page 17, 4. Termination; Breach; Cure: County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. The County further agrees to hold Contractor harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Page 17, 5. Extension or Amendment: failure shall result in non-payment for such additional services or work performed. Page 17. 6. Compensation: Contractor shall submit an invoice on a monthly basis for hours worked during the preceding month. County shall pay Contractor within thirty (30) days of receipt of Contractor's invoice. Page 18, 9. Ownership: Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. Any modifications made by the County to any of the Contractor's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Contractor will be at the County's sole risk and without liability to the Contractor. Pages 17-18, 10. Confidentiality: Contractor agrees to keep confidential all of County's designated confidential information. Page 18, 11. Warranty. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract Proposal unit costs, Contractor shall be financially liable for such increased costs. Because the Contractor does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent 22 Kimley *> Horn Bid for Housing Needs Assessment for Unincorporated Weld County I September 11. 2024 its judgment as an experienced and qualified professional, familiar with the industry. The Contractor cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. Page 20, 13. Insurance, Professional Liability: Minimum Limits: $1,000,000 Per Losf Claim: $2.000,000 Aggregate. Page 21, 14. indemnity: The Contractor shall defend (except for professional liability claims), 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 to the extent caused by or arising out of negligence in the performance of professional services 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 negligent performance under this Agreement or its failure to comply with the provisions of the Agreement. Page 22, 19. Compliance with Law: Contractor shall strictly comply with all applicable published federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 23 Contract Form Entity Information Entity Name* KIMLEY-HORN AND ASSOC INC Entity ID* @00049116 Contract Name* WELD COUNTY HOUSING NEEDS ASSESSMENT PROFESSIONAL SERVICES AGREEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 8922 Contract Lead * ERELFORD Contract Lead Email erelford@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES TO PERFORM A HOUSING NEEDS ASSESSMENT FOR THE UNINCORPORATED PORTIONS OF WELD COUNTY. THIS EFFORT WILL SUPPORT THE 2025 CDBG CONSOLIDATED PLAN AND MEET THE INTENT OF SB24-1 74. Contract Description 2 PAID FOR WITH CDBG FUNDS. NO IMPACT TO THE GENERAL FUND. COMMISSIONERS APPROVED IN A 2023 WORK SESSION. Contract Type" Department AGREEMENT CDBG Amount* $90,820.00 Renewable* NO Automatic Renewal Grant YES IGA Department Email CM-CDBG@weld.gov Department Head Email CM-CDBG- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Grant Deadline Date Requested BOCC Agenda Due Date Date* 12/05/2024 12/09/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2400121 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 10/09/2025 Committed Delivery Date Renewal Date Expiration Date* 12/09/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 12/05/2024 Approval Process Department Head Finance Approver Legal Counsel ELIZABETH RELFORD CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/03/2024 12/04/2024 12/05/2024 Final Approval BOCC Approved Tyler Ref # AG 120924 BOCC Signed Date Originator ERELFORD BOCC Agenda Date 12/09/2024 MEMORANDUM TO: Board of County Commissioners DATE: October 2, 2024 FROM: Elizabeth Relford, Interim Planning Director SUBJECT: Bid No. B2400121 — Housing Needs Assessment Weld County received one responsive bid from a qualified consulting firm, Kimley-Horn, in the amount of $90,820 to develop a Housing Needs Assessment for those portions of unincorporated Weld County. Staff recommends awarding the bid to Kimley-Horn in the amount of $90,820 to be paid with administrative funds from the Community Development Block Grant (CDBG) program. I am available to answer any questions you may have. 20 4- 7410 FIUO K DATE OF BID: SEPTEMBER 11, 2024 REQUEST FOR: HOUSING NEEDS ASSESSMENT FOR UNINCORPORATED WELD COUNTY DEPARTMENT: CDBG BID NO: B2400121 PRESENT DATE: SEPTEMBER 18, 2024 APPROVAL DATE: OCTOBER 2, 2024 VENDOR Kimley-Horn 3325 South Timberline Road, Suite 130 Fort Collins, CO 80525 THE PLANNING DEPARTMENT IS REVIEWING THE BIDS. WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reve rett(cr�.we ld. q ov cgeisert(ciweld.gov ttaylor anweld.00v Phone: (970) 400-4222, 4223 or 4454 TOTAL $90,820.00 7o2_4-2410 clA Hello