The URL can be used to link to this page

Browse Search

Home My WebLink About20250518.tiffCxnkvac7VYN 9 z50 MEMORANDUM Date: April 2, 2025 To: Esther Gesick, Clerk to the Board From: Ryan Axtman, Construction Inspection Supervisor Subject: Contract Approval for Bid #2500041 - 2025 Geotechnical Services (On -Call Geotechnical Materials Testing and Other Engineering Services) The Department of Public Works has finalized negotiations for the On -Call Geotechnical Materials Testing and Engineering Services contract through the Qualified Best Selection (QBS) process. An agreement on service item pricing has been reached with Ground Engineering, ensuring a fair and cost-effective solution for County taxpayers. The Department requests the County Commissioner's approval to include this contract award on the next upcoming consent agenda. Please reference Tyler #2025-0518 and Contract ID #9250. Please let me know if you have any questions. I plan on being at the scheduled County Commissioner's meeting to answer any questions. Thank you, Ryan Axtman, Public Works Construction Inspection Supervision. coristn-rOyncSIL L-1/--vn 0c.:0 La Cad Pkw a (fl - 4/x(25 Zb25 EetUn5 THIS AGREEMENT is this H S made and entered into tThay of / k 2025, by and between the Board of Weld County Commissioners, on be alf of WELD COUNTY PUBLIC WORKS DEPARTMENT, hereinafter referred to as "County," and GROUND ENGINEERING CONSULTANTS INC., 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 Request for Bid (RFB) or Request for Proposal (RFP) as set forth in Bid Package No. B2500041. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year This Agreement may be extended upon mutual written agreement of the Parties 4 Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient, and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials •and documents shall be the property of County Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE " If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County, (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment, and (3) the cost of any work which the County approves in wnting 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 $400,000 00 as set forth in the Exhibits No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e g mileage) Notwithstanding anything to the contrary contained in this'Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect,of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C R S 29-1-101 et seq ) and the TABOR Amendment (Colorado Constitution, Article X, Sec- 20) 7 Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents 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 Any provisions in this Contract that may appear to give the County the right to direct contractor as to details of doing work or to exercise a measure of control'over the work mean that Contractor shall follow the direction of the County as to end results of the work only The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract -8 , Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned ,to the Work Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors 9 Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County In addition, all reports, documents, data, plans, drawings, records, and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with ' the performance of this Agreement, whether or not such materials are in completed form, -shall at all, times be considered the property of the County Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County 10 Confidentiality Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL " However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C R S 24-72-201, et seq , with regard to public records, and cannot guarantee the confidentiality of all documents Contractor agrees to keep confidential all of County's confidential information Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement 11 Warranty Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review If the County experiences additional costs dunng project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs 12 Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc , generated during completion of this 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 Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an` "A M Best" rating of not less than A -VII The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency Required Tvees of Insurance Workers' Compensation and 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 Minimum Limits Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance - Occurrence Form Policy shall include bodily injury, property damage, liability assumed under an Insured Contract The policy shall be endorsed to include the following additional insured language "Weld County, its subsidiary, parent, elected officials, trustees, employees, associated and/or affiliated entities, successors, or assigns, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows General Aggregate $ 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Lability Insurance Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles used in the performance of this Contract Such policy shall maintain Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 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 Per Loss Aggregate $ 1,000,000 $ 2,000,000 14 Proof of insurance. Upon County's request, Contractor shall provide to County, for examination, a policy, endorsement, or other proof of insurance as determined in County's sole discretion Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name on the Certificate of Insurance "Weld County, its successors or assigns, its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds for work that is being performed by the Contractor On insurance policies where Weld County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the Certificate of Insurance The County reserves the right to require complete, certified copies of all insurance policies required by this Agreement at any time, and such shall also be deemed confidential Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action 15 Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award 16 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 17 No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 18 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 19 Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 20 Indemnity. The Contractor shall indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against any and all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs, (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused in whole or in part by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration of award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement A failure of Contractor to comply with these indemnification provisions shall result in County's right but not the -obligation to terminate this Agreement or to pursue any other lawful remedy 21 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 22 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 23 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 24 Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances a) personal service by a reputable courier service requiring signature for receipt, or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract, or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party, or Either party may change its notice address(es) by written notice to the other Notice may be sent to TO CONTRACTOR Name Joe Zorack, P E Position Principal Engineer/Area Manager Address. 2468 East 9th Street Address Loveland Colorado, 80537 E-mail joe zorack@groundeng org Phone 970-622-0800 TO COUNTY Name Ryan Axtman Position' Construction Inspection Supervisor Address. 1111 H Street Address' Greeley Colorado, 80632 E-mail raxtman@weld gov Phone 970-400-3743 25 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 26 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 27 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 28 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 29 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 30 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 31 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 32 Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other immunities, rights, benefits, and protections, provided by the Colorado Governmental Immunity Act §§24-10-101 et seq , as from time to time amended, or otherwise available to the County, its subsidiary, associated and/or affiliated entities, successors, or assigns, or its elected officials, employees, agents, and volunteers 33 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 34 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 35 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 36 No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)), nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law, including employment verification requirements contained within state or federal grants or awards funding public contracts. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. 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. 37. 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. 38. 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: Joseph Zorack, P.E / GROUND Digitally signed by Joseph Zaack. P.E / GROUND Engineering Consultants, Inc. Engineering Consultants, Inc. Dace: 2025.03.1919.52:Uo•Q600' By: Name: Joe 7nrpck Title: 3/19/25 Date of Signature WELD COUNTY: ATTEST: „drifeA) tkit.04 BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY: Dep uty Clerk to the Board WELD COUNTY, COLORADO a. 1 iTh , y° b; R c1 ZOZ5-OSI� A:74, , Air r cOUNTY Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601 Professional Services Solicitation Number: Title: Issue Date: Pre -Proposal Meeting: Pre -Proposal Location: Questions Due: Questions email Proposal Due Date: Proposal Delivery: For additional information: RFP Schedules B2500041 Request for Proposal (RFP) Cover Sheet Geotechnical Services (On -Call Geotechnical Materials Testing and Other Engineering Services) January 6, 2025 January 27, 2025, at 1:00 PM Weld County Public Works Building, 1111 H St. Greeley CO, 80632 February 7, 2025, by 8:00 AM bidsweld.gov February 14, 2025, by 1:00 PM, Purchasing's Clock Preferred email to bids©weld.gov or hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 bids©weld.gov Documents Included in this Solicitation Package S chedule A: Proposal Instructions S chedule B: Scope of Work S chedule C: Project Schedule S chedule D: Response - Criteria S chedule E: Proposal Form Schedule F: Insurance Schedule G: Weld County Contract Exhibit A Table of Contents Professional Services — Request for Proposal (RFP) Cover Sheet 1 Documents Included in this Solicitation Package 1 RFP Schedules 1 Schedule A - Proposal Instructions 3 Purpose/Background 3 Proposal Advertisement 3 Proposal 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 Schedule C - Project Schedule 12 Schedule 12 Schedule D — RFP Response Criteria 13 RFP Response Submittal 13 Response Format 14 Evaluation Criteria 14 Schedule E - Proposal Form 17 Proposal Submittal Instructions 17 Fees 17 Attestation 17 Schedule F — Insurance 19 Insurance 19 Insurance Mailing Information 20 Schedule G - Weld County Contract 21 Contractual Obligations 21 Weld County Standard Contract 21 Solicitation #B2500041 Page 2 Exhibit A Schedule A - Proposal 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: Geotechnical Services (On -Call Geotechnical Materials Testing and Other Engineering Services A Mandatory pre -Proposal conference will be held on January 27, 2025, at 1:00 PM at the * located at 1111 H St., Greeley, CO 80631. Proposers must participate and record their presence at the pre -Proposal conference to be eligible to submit Proposals. P roposals will be received until: February 14, 2025, by 1:00 PM (Weld County Purchasing Time Clock). The submitted Proposals will be read over a Microsoft Teams Conference Call on February 14, 2025, by 1:30 PM To join, call the phone number and enter the Conference ID provided below or you are invited to attend the Proposal opening in person at the Weld County P urchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: [Insert # and TEAMS Invite] P roposal Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their Proposals, quotes, proposals, addendums, and awards on this one centralized system. P roposal Submission 1. PREFERRED: email Proposals to bidsweld.gov If your Proposal exceeds 25MB please upload your Proposal to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed Proposals 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 Proposal due date and time. 2. PDF format is required. Emailed Proposals must include the following statement on the email: "I hereby waive my right to a sealed Proposal". An email confirmation will be sent when your Proposal has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1. Proposals shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each Proposal must give the full business address of Proposer and be signed by him with his usual signature. Proposals 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 Solicitation #B2500041 Page 3 Exhibit A partnership or by an authorized representative, followed by the signature and title of the person signing. Proposals 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 Proposal 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 Proposal 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 Proposer. All corrections or erasures shall be initialed by the person signing the Proposal. All Proposers shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this Proposal as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the P roposal forms shall be suitably filled in. Proposers are required to use the Proposal Forms which are included in this package and on the basis indicated in the Proposal Forms. The P roposal must be filled out completely, in detail, and signed by the Proposer. 2. Late or unsigned Proposals shall not be accepted or considered. It is the responsibility of the Proposer to ensure that the Proposal arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Proposers." Hard copy Proposals 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 Proposal not properly addressed and identified. Proposals may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing Proposer prior to the time fixed for award. Negligence on the part of a Proposer in preparing the Proposal confers no right for the withdrawal of the Proposal after it has been awarded. P roposers are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the Proposers' 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 Proposers in all cases where said Proposals 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 Proposals 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 Proposals, to waive any informality in the Proposals, to award the Proposal to multiple vendors, and to accept the Proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The Proposal(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. Solicitation #B2500041 Page 4 Exhibit A Schedule B - Scope of Work P roject Overview Weld County is seeking Proposals for a vendor to provide Geotechnical Services (On -Call Geotechnical Materials Testing and Other Engineering Services). Method of Procurement Qualifications -Based Selection (QBS): A Qualifications -Based Selection (QBS) is a procurement method used for the competitive selection of architectural, engineering, or similar professional services under which the most appropriate professional or firm is selected based on qualifications such as knowledge, skill, experience, and other project -specific factors, rather than on solely fees. QBS is typically achieved through an RFP process. P ricing Method N egotiated Price: Negotiated contract prices are fees provided and agreed upon between the County and the Proposer. P roject Scope The scope of this project is for Non -Project Specific (NPS) Engineering Services. 1. On -call construction materials testing services encompassing asphalt, soils, aggregates, concrete, reinforcing steel and other geotechnical laboratory services. Due to the pace of construction and the sensitivity of Owners Acceptance (OA) testing, timely turnaround of engineer reviewed test results, observation diaries and inspection documentation is required. 2. An assigned team of qualified and reliable professional engineers, field, and senior technicians to support the County during Capital Improvement Projects (CIP). Assist County and contracted project management staff in producing accurate construction documentation, solve conformance issues, field materials testing and sampling, and site -specific inspections. Other serves to OA may include but are not limited to weekly construction meeting attendance and participation. 3. Subsurface soil exploration and pavement designs. Capabilities to quickly mobilize and complete subsurface exploration of soils under exiting roadways and proposed non -developed areas. Lab analysis of existing soil conditions to complete pavement designs for flexible and rigid pavements. Pavement designs based on CDOT M -E Pavement Design criteria. 4. Pile Driving Analysis (PDA), with the aid of CAPWAP, WEAP analysis, or other equivalent software, Capabilities to evaluate bridge designs and structural criteria for driven pile and pier construction and placement. Solicitation #B2500041 Page 5 Exhibit A 5. Caisson foundation construction observations shall include field inspection of rebar fabricated cages, drilling depth and placement checks, fresh concrete field properties, concrete strength testing, and Crosshole Sonic Logging (CSL) per ASTM D6760-02 6. Precast Concrete Inspection (PCI) of bridge girders, deck panels, and other various pre -cast and pre -stressed concrete elements following CDOT Pre -stressed and Pre -cast Products guidelines. Inspection may also include Concrete property testing and specimen casting as well as tendon yield testing and rebar tensile strength and bend testing. 7. Non-destructive testing (NDT) of flexible, ridged, and non -paved roadways. Deflection testing by falling weight deflectometer (FWD) following FHWA and CDOT standards. Capabilities to measure pavement thickness by ground penetrating radar (GPR) or other similar methods and by pavement coring. Location collection tests by GPS with accuracy within +/- 1 meter. 8. Other services may include project inspection, shop drawing review, steel fabrication inspection, aid with requests for information (RFIs), and other specialty testing services not described in the fee schedule. 9. This contract can and will be used to contract and hire Independent Assurance Testing (IAT) when required for CDOT Local Agency oversight projects and any Third -Party dispute testing. Proposing consultants are requested to fill out Table 1- In -House or Subcontracted Service Items stating what items of work the consultant will perform. Consultant will include this table in their proposal. Table will not count as additional pages in the proposal. If the work is to be subcontracted out to another company, please list the subcontractors. Consultants including costs in their proposal will be considered unresponsive and the proposal will be rejected and not scored. Unit and unit pricing will be agreed upon after consultant selection has been finalized. - In -House or Subcontracted Service Items. Item Work Item Description In Subcontracted -House Work or Soils 101 Att. T89 Limits, & T90) Classification, Liquid limit, P.L, PI (Dry Prep) (AASHTO 102 Att. D4318) Limits, Classification, Liquid limit, P.L, PI (Wet Prep) (ASTM 103 R -Value (AASHTO T190) 104 T99) Proctor — Standard (AASHTO 105 T180) Proctor — Modified (AASHTO 106 Proctor — One Point Check (FMM CP23 & CP25) 107 Nuclear Trip) Field Density Testing (FMM CP80 & CP25) (3 or more Per Solicitation #B2500041 Page 6 Exhibit A Item Work Item Description In -House or Subcontracted Work 108 Gradation (CP30 & CP31) 109 L A Abrasion test (AASHTO T96) Concrete Services 201 Standard Concrete Cylinders (Sampling and all testing) (Set of 6) (FMM CP 61, AASHTO T152, T121, C1064, T119, T23, & ASTM C39) 202 Additional cylinder (Per Each) 203 Compression test (Cap, Cure, and Break FOB lab) (Set of 6) 204 Concrete Beams (Set of 3) (FMM CP 61, AASHTO T152, T121, T119, T97, ASTM C39 & C1064) 205 Additional beam (Per Each) 206 Splitting Tensile Strength (Set of 6) (ASTM C496 & C496-11, AASHTO T198-15) 207 Sand equivalent (FMM CP 30 & CP 37) 208 Air Pot Calibration (ASTM C231) 209 Concrete Batch Testing (concrete properties testing (slump, unit weight, air, and temperature) on first two concrete trucks of placements 30 cubic yards and more) Asphalt Services 301 Gradation (FMM CP30, CP31 & CP-L5120) 302 S G absorption (Plus #4 material) (AASHTO T85) 303 S G absorption (Minus #4 material) (FMM CPL 4102) 304 Fractured Face Determination (FMM CP 30, CP 45, & AASHTO T304 A) 305 Flat Elongated Particles (D4791 Meth B) 306 Rice Value (FMM CP 41, CP 55, CP 51 & CP 56) 307 Lottman Test (FMM CP 41, CP 55, CPL -5109 & CPL -5115) 308 Mix Design Bulk Unit Weight & Hveem Stability Verification (FMM CP 52 & CP 31) 309 Bitumen Content by extraction, gradation Analysis of Extracted Agg (FMM CPL 5120 & CP 31,) 310 Bitumen Content by Extraction (FMM CPL 5120) 311 Density test 3 or more Per Trip (FMM CP 44, CP 81 & CP 82) Solicitation #62500041 Page 7 Exhibit A Item Work Item Description In -House or Subcontracted Work 312 Field Coring Samples 6" Inside Diameter Core Barrel 313 Field Coring Samples 4" Inside Diameter Core Barrel 314 Bulk specific Gravity (FMM CP 44) 315 Air void Percentage (FMM CPL 5115) 316 Binder recovered (AASHTO M320) 317 Binder Un-recovered (AASHTO R59 & T164) 318 HMA / Oven Calibration (Each HMA Mix Design) 319 CRS -2R Emulsion Testing Residue by Evaporation - CP L2212/ASTM D6997, Penetration - ASTM D5, Ductility - ATM D113, Ductility Cold Weather - ASTM D5801, Toughness & Tenacity - ASTM 5801 Laboratory Services 401 Unconfined Compression (Set of 3) (ASTM D1633) 402 Additional Unconfined Compression Specimen 403 One-dimensional Swell test (ASTM D4565) 404 Non -Coated Bar (ASTM A370) 405 Epoxy Bar (ASTM A370) 406 Dust Palliative 407 Topsoil Testing 408 Resistivity (ASTM G57) 409 Water Soluble Chloride (FMM CPL 2104) 410 Water Soluble Sulfate (FMM CPL 2103) 411 pH (AASHTO G51) 412 Sodium Sulfate Soundness (ASTM C88/C88M) Miscellaneous Services 501 Drilling and sampling 502 Shoulder Closure (Traffic Control Devices) 503 Lane Closure (Traffic Control Devices and Flagging) 504 Mobile Closure (Traffic Control Devices and Flagging) Solicitation #B2500041 Page 8 Exhibit A Item Work Item Description In -House or Subcontracted Work 505 Flagging 506 Traffic Control Supervisor (TCS) 507 Traffic Control Plan Design (MHT) Miscellaneous Services 508 Cross hole Sonic Logging (CSL) Mobilization 509 CSL Data Collection per ASTM D6760 510 CSL Summary Report 511 CSL Pre -Con Meetings & Standby Technician Time 512 CDOT Pre -Stressed and Pre -Cast Concrete Products Inspector (PCI) 513 PCI Concrete Compression Test, Cylinders 514 PCI Management, Meetings, and Review 515 PCI Trip Charge 516 PCI Tendon Yield Stress Test, Assume 4 Cables + Shipping 517 Pile Driving Analysis (PDA) Via Case Pile Wave Analysis (CapWap) per pile 518 Pile or Caisson Foundation Engineer Review and Analysis 519 Falling Weight Deflectometer (FWD) testing — Rigid Pavement (1 Test per 300 feet, alternating lanes) (includes destructive and non- destructive pavement thickness testing) (includes GPS locates) 520 (FWD) testing — Flexible Pavement (1 Test per 300 feet, alternating lanes) (includes destructive and non-destructive pavement thickness testing) (includes GPS locates) 521 (FWD) testing — Gravel or RAP Road (1 Test per 300 feet, alternating lanes) (includes destructive and non-destructive pavement thickness testing) (includes GPS locates) 522 (FWD) testing — Subdivision Roads (1 Test per 600 feet, alternating lanes) (includes destructive and non-destructive pavement thickness testing) (includes GPS locates) Hourly Rates / Mileage 601 Principle Engineer and/or Geologist 602 Geotechnical Engineer/ Department Manager 603 Senior Field Technician Solicitation #B2500041 Page 9 Exhibit A Item Work Item Description In -House or Subcontracted Work Item Description 604 Field Technician 605 CDOT Qualified Project Inspector 606 Mileage All costs such as mileage, labor, equipment, typing, reviewing, and report writing to be included in all unit prices submitted with the proposal a Mileage and hourly rates will not be paid for to pick-up samples that have been left in drop box b Mileage is paid for when mileage exceeds 40 miles roundtnp on construction projects only Roundtnp miles are based off a starting point from Weld County Public Works Office (1111 H Street, Greeley CO 80631) In addition to the items described in the Project Scope, the following items are requirements of the Consultant and their subcontractors 1 The Consultant shall have Colorado Registered Professional Engineers, Geologists, Geotechnical Engineers, and CDOT Certified Inspectors, Senior Technicians and Field Field -Testing Technicians shall be categorized by the following a Field -Testing Technician minimum certifications - ACI Grade I, WAQTC & CDOT Soils Inspector, Portable nuclear gauge certification, and LABCAT A b Senior Technician certification will cover the minimum requirements of the field- testing technician certifications, plus - LABCAT A & B, CDOT Construction Inspector Certification (math, survey and plan reading) c Project Inspector minimum will cover the field-testing technician certifications, plus - CAPA Asphalt Paving Materials Inspector Certification, ACPA PCCP Inspector, and CDOT Construction Inspector (math, survey and plan reading) Other certifications can be included due to specifics of project requirements 2 Maintain all stated or implied certifications and licenses necessary to do business as an Engineering Geotechnical Consultant and be CDOT laboratory and technician certified for the life of this contract 3 Processes of sampling, testing, reporting, and documentation shall follow Weld County Construction Criteria, CDOT Colorado Procedures (CP), FHWA, AASHTO, ASTM, CAPA, ACI, and ACPA standards 4 Laboratories and testing technicians shall meet the requirements of CDOT CP 10 To meet this requirement additional ACI and LABCAT certifications are needed Consultant laboratories shall also be AASHTO Materials Reference Laboratory (AMRL), and Cement Solicitation #B2500041 Page 10 Exhibit A and Concrete Reference Laboratories (CCRL) certified Subconsultant laboratory and technicians shall also meet the above criteria 5 The consultant staff may be requested to attend various meetings with County staff Consultant may be required to speak, present information, provide exhibits, and presentations for such ' meetings 6 Services and prices listed in Table 1 Geotechnical and Engineering Service Items will be used to create Internal Accounting (IA) documents for proposed work orders, at the agreed upon negotiated prices, both for on on -call and CIP projects services 7 Geotechnical services needed and not shown in the fee schedule or mentioned in service overview may be added at the County's discretion A minor contract revision shall be drafted for additional items and services to be added to the contract 8 Final pavement designs and geotechnical results from work, shall be reported at a maximum of two (2) months from start of soil sample collection Interim lab results, Classifications, Atterberg Limits, Proctors, R -Values, and Soil Chemistry results shall be reported within one (1) month from date of sample(s) collection a All field work required for soil sampling, mobilization, drilling, sample collecting, and borehole backfill/repair are included in the Miscellaneous Services line item from the Services Items below The required Weld County ROW permit must include an approved Method of Handling Traffic (MHTs) prior to any work performed in County ROW 9 Samples being submitted to the OA lab are subject to test result turnaround timeframes below Interim results will be reported via text message or email Final reports shall be reported to Weld County as soon as possible, but no later than five (7) working days from date of sample(s) being submitted to the OA lab, on specific items Corrections to reporting errors and omissions shall not be charged to the project but are the responsibility of the consultant a Field testing results will be reported to County Project Manager or Project Inspector immediately after results are apparent and or prior to leaving the construction site Screenshots images, text messages, emails, and consultant paper forms are all acceptable forms of communication Batch or material tickets will be photographed and left on site with project team b Lab samples requiring 24 -hour result reporting period Asphalt Content Asphalt Gradation Rice Value Determination Soil Gradations 24 -hour Concrete compressive, flexural, and or tensile strength specimens Unconfined Compressions Specimens c Lab samples requiring a maximum 5 -day result reporting period Asphalt Lottman Binder Recovery Asphalt Air Voids Asphalt Oven Calibrations Solicitation #62500041 Page 11 Exhibit A Schedule C - Project Schedule Schedule Below is the anticipated schedule for this project: Advertisement Date Pre -Proposal conference Proposal Questions Due Proposals Are Due Contract Award January 6, 2025 January 27, 2025 February 7, 2025 February 14, 2025 To Be Determined Solicitation #B2500041 Page 12 Exhibit A Schedule D — RFP Response Criteria RFP Response Submittal Weld County is seeking the proposer with the best value for the County. To aid in the determination, contractor shall address the following items in the RFP response submittal, The RFP Response should be arranged in order of the evaluation criteria shown in the RFP Review Scoring Table below. The response items include: 1. The RFP Response shall include statements showing the proposer clearly understands the scope of the project and its objectives. 2. Describe how the proposed methodology will meet the desired goals of the project. 3. Include a brief description of similar or related projects or contracts with other municipalities completed within the last 5 years. 4. Emphasize contracts with similar scope that have included aspects related to this. 5. The Response shall include a description of critical issues that the proposer considers to be of importance for the contract and how those issues will be solved. 6. The Response shall include a description of how the contract costs will be controlled for both the prime consultant and their sub -contractors. 7. Describe how the proposer will ensure that all Federal, State, and County procedures will be followed. 8 Describe how the proposer will handle the quality control for the submitted reviewed results and documentation. 9 Describe any judgements, claims, or suits pending or outstanding against proposer's company. 10 Describe any citations by OSHA for violations within the last 5 years. 11. Describe any changes in company ownership in the last 5 years. 12. The Response shall include a description of the proposer's location and explain how it will not affect the project coordination with the County. 13. Explain how the proposer is familiar with Weld County's project specifications and policies. 14. Include a list of the number of employees and the annual operating budget. 15. Explain the proposer's knowledge about Weld County in general. 16. The Response shall include a preliminary schedule showing major milestones associated with this project, and how the proposer would complete the project within the contract time. 17. References from at least three other contracts with similar requirements that have involved the staff proposed to work on this project. The County may choose to contact one or more of the listed references. Solicitation #B2500041 Page 13 Exhibit A Response Format The following defines the response format: 1. Limit the total length of RFP Response to a maximum of 15 pages. a. The County will reject RFP responses received that are longer than 15 pages in length. b. The front and back cover will not count as pages. c. Section dividers also do not count as pages unless they have photos or text on them, then they will be included in the pages count. d. The Proposal document forms included in this request which are mandatory to submit with your Proposal will not be included in the page count for your proposal. 2. Responses shall be mainly made up of 8 W x 11" paper. a. 11" x 17" paper can only be used for presenting large schedules, or example planning sheets. b. Text sizes shall be 12 point or larger. c. Submit 5 hard copies and 1 electronic (PDF) copy to the Purchasing department. 3. Failure to follow these instructions may result in the RFP Response being rejected. Evaluation Criteria The Responses will be evaluated using the following criteria. NOTE: Each RFP Response will be individually evaluated by a team of reviewers. Each reviewer will score each of the RFP Responses following the criteria outlined in Table 1. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. After the individual reviewers have scored each Response, the individual reviewer scores will be totaled. Each reviewer's scores will be ranked by score from highest to lowest. The response with the highest score will be ranked first place, second highest score will be ranked second place, and so on until all proposals have been proposals have been ranked. The 2 to 3 highest ranked Responses may be invited to participate in interviews (if required) to help the reviewers determine which proposer represents the best value to the County. If interviews are determined to be necessary for the selection process, Proposals will be evaluated on the criteria shown below in Table 2. After all scorer rankings have been determined from the Response and the interview (if required), each ranking will be totaled for each Response based on their respective rankings (1st, 2nd, 3rd, etc.) from the scorers. The highest point score will be considered the best value for the County. NOTE: The first ranked proposal may not be the lowest overall cost. Solicitation #B2500041 Page 14 Exhibit A Table 2 - RFP Response Scoring Criteria Criteria Standard Scoring Weighting Factors Scoring Range % Evaluation Evaluation Scope Proposal of proposed proposal goals clearly of of methodology the the County. shows project's' an meets objectives. the 1 to 5 8.0 8% - 40% The understanding The desired Critical Issues critical proposal proposal understands with issues. demonstrates offers the the project. realistic major that solutions issues the team to 1 to 5 4.0 4% - 20% The clearly associated The the Project Control produced team team used team proposal associated that in has has where has place costs State describes documentation described demonstrated demonstrated appropriate. to with and will manage the be Federal how how controlled. contract. the sub- its a and it will procedures QA/QC ability quality results control to of 1 to 5 3.0 4% - 20% The costs The contractors' The ensure are The process the Work Location/ Familiarity The the coordination team team's team County and is demonstrated familiar construction location in of general. the with does projects criteria. Weld knowledge not with County affect the of 1 to 5 1.0 4% - 20% County. Weld The policies The BID REQUEST #B2500041 Page 15 Exhibit A Table 3 - Interview Scoring Criteria Evaluation Criteria Standards ScoringWeighting Factors Adjusted Score Evaluation Work Approach Team their The project. team approach proposed offered and for innovative completing clearly described ideas the project. for the 1 to 5 2.0 2.0 to 10.0 Project Qualifications Manager adequate track scope demonstrates skills. The The p team's record team's and project qualifications to complete complexity. project effective manager manager and projects communication has a proven of this 1 to 5 2.0 2.0 to 10.0 Quality Presentation of The easy The effective The effective. team's to people team's understand. communication presentation being use of interviewed audio-visual was skills. clear and displayed aids was 1 to 5 2.0 2.0 to 10.0 Question/Answer Session e questions committee. demonstrated the The The team answers project provided asked provided a and clear the good by the project by understanding answers selection the goals. team to the of 1 to 5 4 4.0 to 20.0 BID REQUEST #B2500041 Page 16 Exhibit A Schedule E - Proposal Form Proposal Submittal Instructions The following items must be completed and submitted with your Proposal on or before the Proposal opening deadline of 1:00 PM on February 14, 2025: 1) Schedule B- Scope of Work 2) Schedule E — Proposal Form 3) W9, if applicable. 4) Any potential or future Addenda must be completed/acknowledged. 5) All other items as requested in the Proposal Specifications and/or Scope of Work. *A current W9 is required for new Proposers. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your Proposal may result in your Proposal being incomplete, non -responsive, and your Proposal being rejected. If there are any exclusions or contingencies submitted with your Proposal it may be disqualified. Fees No fees are associated with this RFP. Do not provide unit costs, doing so will disqualify the consultant's proposal. During the consultant selection process unit prices will be discussed and negotiated. Contract renewal shall be agreed to verbally or in writing within a minimum of thirty (30) days preceding the anniversary date of this Agreement, The County shall notify The Contract Professional if it wishes to renew this Contract. If the parties wish to renew this Contract, the parties shall negotiate and agree to increases to the fee schedule. Increases in the fee schedule shall not exceed the Denver -Aurora -Lakewood Consumer Price Index (CPI) for All Products which is in effect at the time of contract renewal. After the initial contract term, the Contract, in the County's sole discretion, may be renewed for not more than two 1 -year contract extensions. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The Proposal proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Proposal for Request No. #B2500041. 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 Proposer for the amount shown on the accompanying Proposal sheets. 4. Acknowledgement of Schedule F — Insurance and Bond 5. Acknowledgment of Schedule G — Weld County Contract 6. By submitting a responsive Proposal 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 Proposals, to waive any informality in the Proposals, and to accept the Proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The Proposal(s) may be awarded to more than one vendor. Attestation BID REQUEST #B2500041 Page 17 Exhibit A Item Entry Company Name Address Phone Email FEIN/Federal Tax ID # CONTRACTOR By Name Title Date of Signature BID REQUEST #B2500041 Page 18 Exhibit A Schedule F — 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, and they shall remain in place for the duration of the contract. a. General Liability: Commercial General Liability Insurance written on an Insurance Services Office occurrence form, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with the minimum limits as follows: Each Occurrence General Aggregate Personal Injury Medical Payment $1,000,000 $1,000,000 $5,000 Per Person b. Automobile Liability: Automobile Liability Insurance covering any auto (including owned, hired, and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. c. Workers' Compensation Insurance: Workers Compensation insurance as required by state statue, and employers' liability insurance covering all Contract Professional's employees acting within the course and scope of their employment. d. Professional Liability: Professional Liability Insurance covering any damages caused by an error, omission or negligent act with minimum limits as follows: Each Occurrence General Aggregate $1,000,000 $2,000,000 2. The Contract Professional's Commercial General Liability and Automobile Liability policies and certificates of insurance shall list Weld County Government employees 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 #B2500041 Page 19 Exhibit A c. Any 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. Contract Professional shall provide insurance coverage certificates to the County prior to contract award, and at any such time as their policies have been renewed, until such time as their work has been deemed to be complete by the County. 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: Ryan Axtman, Construction Inspection Supervisor Email: raxtman@weld.gov Telephone: 970-400-3743 Mail: Weld County Public Works Department ATTN: Ryan Axtman, Construction Inspection Supervisor PO Box 758 Greeley, CO 80632 BID REQUEST #B2500041 Page 20 Exhibit A Schedule G - 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. 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 [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and BID REQUEST #B2500041 Page 21 Exhibit A WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work") If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment Exhibit A consists of County's Request for Proposal Solicitation Package No #B2500041 Exhibit B consists of Contractor's Response to County's Request 2 Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement 3 Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year This Agreement may be extended upon mutual written agreement of the Parties 4 Termination, Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient, and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE " If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County, (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment, and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work County shall be entitled to the use of all material generated BID REQUEST #B2500041 Page 22 Exhibit A 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 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). $ BID REQUEST #B2500041 Page 23 Exhibit A 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 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 BID REQUEST #B2500041 Page 24 Exhibit A 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 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 nghts against County Types of Insurance. Workers' Compensation /Employer's Liabihty 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 L►ab►hty 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 injuryfor each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services In the event that the professional liability insurance required by this Contract is written on a claims -made basis, BID REQUEST #B2500041 Page 25 Exhibit A Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract, and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed Minimum Limits $1,000,000 Per Loss, $2,000,000 Aggregate Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion County may require Contractor to provide a certificate of insurance naming Weld County, - Colorado, its elected officials, and its employees as an additional named insured Subcontractor Insurance Contractor hereby warrants that all subcontractors providing Services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement Certification of Compliance With Insurance Requirements The Contractor stipulates that it has met the insurance requirements identified herein The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the'coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies 14 Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to' comply with the provisions of the Agreement It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the BID REQUEST #B2500041 Page 26 Exhibit A 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: Name: Position: Address: Address: E-mail: Phone: TO COUNTY: Name: Ryan Axtman Position: Construction Inspection Supervisor Address: Public Works Department BID REQUEST #B2500041 Page 27 Exhibit A Address P O Box 758, Greeley, CO 80632 E-mail raxtman@weld gov Phone 970 400 3743 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 BID REQUEST #B2500041 Page 28 Exhibit A entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 28 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee 29 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws,_rules and/or regulations shall be null and void In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute 30 Public Contracts for Services Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with, the illegal alien within three (3) days of receiving notice Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Contractor shall comply with reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment Contractor shall, within twenty days after hiring a new 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, BID REQUEST #62500041 Page 29 Exhibit A and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Title: Date of Signature WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board [INSERT NAME], Chair BID REQUEST #B2500041 Page 30 Exhibit A Addendum #1 Bid Request Number B2500041 Geotechnical Services (On -Call Geotechnical Materials Testing and Other Engineering Services) Revision to Schedule D — RFP Response Submittal Question #16 on page 13 shall be revised as follows: The response must provide an estimated time required to perform the following procedures, review, and report the test results: Atterberg Limits, R -Value, LA Abrasion, Bitumen Content, Asphalt Aggregate Gradation Analysis, Rice Value, Lottman Test, Hveem Stability, and Binder Recovery. Consultant Questions and County Answers Question #1: How many consultant contracts will be awarded? Answer #1: One consultant contract will be awarded. Question #2: What is the purpose of splitting tensile strength testing? Answer #2: The County will continue using flexural strength beams for the acceptance of concrete pavements. However, the County is also collecting correlation data between splitting tensile strength and flexural strength specimens for further analysis. Question #3: What is the County seeking in Dust Palliative testing? Answer #3: The County uses products containing "magnesium chloride" (mag-chloride) for dust mitigation and ice removal. We seek a chemical content analysis of these products to verify the legitimacy of purchases and confirm the potency of the supplied chemical. Question #4: What is the length of the contract? Answer #4: The contract duration is one year, with the option for two additional one- year renewals at the discretion of Weld County. Question #5: Will the current consultant complete County projects already in construction if a new consultant is awarded the contract? Answer #5: No, the successful proposer will assume all Owner's Acceptance (OA) responsibilities for the project upon receiving the notice to proceed. Question #6: Should costs be included in the service schedule? Exhibit A Answer #6: No, costs should not be included in the service schedule. The service schedule is intended to inform the County about the services to be provided by the proposer and any subcontracted services. Including costs in the proposal will result in disqualification. Costs will be negotiated with the successful proposer. Question #7: Will a Lab Inspection be required as per CP 10? Answer #7: Yes, federally funded projects require a Lab Inspection according to CP 10. The inspection will be performed by either CDOT or Weld County. For self -funded projects, the County reserves the right to implement CP 10 inspection requirements. Addendum Acknowledgement ***A signed copy must be submitted with your proposal. Company Name: Signature: Name: Title: Date of Signature Exhibit A Addendum #2 Bid Request Number B2500041 Geotechnical Services (On -Call Geotechnical Materials Testing and Other Engineering Services) Revision to Professional Services Agreement (12/11/2024) — Replace Professional Services Agreement Between Weld County and [Contractor] Document in RFP with Example Below. 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 [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the 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 Request for Bid (RFB) or Request for Proposal (RFP) as set forth in Bid Package No. B Exhibit B consists of Contractor's Response to County's Request. Exhibit A 2 Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement 3 Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year This Agreement may be extended upon mutual written agreement of the Parties 4 Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient, and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE " If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County, (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment, and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work County shall be entitled to the use of all material generated pursuant to this Agreement upon termination Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered 5 Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly Exhibit A enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties, and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents Exhibit A 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 Any provisions in this Contract that may appear to give the County the right to direct contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract 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, Exhibit A assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement 11 Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review If the County experiences additional costs dunng project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs 12 Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor' shall submit to County originals of all test results, reports, etc , generated during completion of this 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 Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A M Best" rating of Exhibit A not less than A -VII The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency Required Types of Insurance Workers' Compensation and 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 Minimum Limits Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance - Occurrence Form Policy shall include bodily injury, property damage, liability assumed under an Insured Contract The policy shall be endorsed to include the following additional insured language "Weld County, its subsidiary, parent, elected officials, trustees, employees, associated and/or affiliated entities, successors, or assigns, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows General Aggregate $ 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles used in the performance of this Contract Such policy shall maintain Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Exhibit A 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 Per Loss Aggregate $ 1,000,000 $ 2,000,000 14 Proof of Insurance. Upon County's request, Contractor shall provide to County, for examination, a policy, endorsement, or other proof of insurance as determined in County's sole discretion Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name on the Certificate of Insurance "Weld County, its successors or assigns, its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds" for work that is being performed by the Contractor On insurance policies where Weld County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Exhibit A Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the Certificate of Insurance The County reserves the right to require complete, certified copies of all insurance policies required by this Agreement at any time, and such shall also be deemed confidential Any modification or variation from the insurance requirements in this Agreement shall,be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action 15 Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own 'expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional 'Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause Exhibit A for immediate termination of the Agreement at the option, of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award 16 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 17 No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 18 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 19 Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 20 Indemnity. The Contractor shall indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against any and all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs, (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused in whole or in part by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or Exhibit A recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration of award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement A failure of Contractor to comply with these indemnification provisions shall result in County's right but not the obligation to terminate this Agreement or to pursue any other lawful remedy 21 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 22 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 23 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 24 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 Exhibit A a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: Address: E-mail: Phone: 25. 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. 26. 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. 27. 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. 28. 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 Exhibit A create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year 29 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 30 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 31 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 32 Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other immunities, rights, benefits, and protections, provided by the Colorado Governmental Immunity Act §§24-10-101 et seq , as from time to time amended, or otherwise available to the County, its subsidiary, associated and/or affiliated entities, successors, or assigns, or its elected officials, employees, agents, and volunteers 33 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 34 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 35 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 Exhibit A 36 No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)), nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement Upon request, contractor shall deliver to the County -a written notarized affirmation that it has examined the legal work status of an, employee and shall comply with all other requirements of federal or state law, including employment verification requirements contained within state or federal grants or awards funding public contracts Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation 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 37 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 38 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 BOARD OF COUNTY COMMISSIONERS Exhibit A Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board [Insert Name], Chair Addendum Acknowledgement ***A signed copy must be submitted with your proposal. Company Name: Signature: Name: Title: March 18, 2025 Date of Signature Exhibit A Addendum #3 Bid Request Number B2500041 Geotechnical Services (On -Call Geotechnical Materials Testing and Other Engineering Services) Revision to Table 1 — In -House or Subcontracted Service Items. Updated Table includes added service Item, and numbering sequence has been updated to Miscellaneous Services below in "Red". Table 1 1- In -House or Subcontracted Service Items. Item Work Item Description In Subcontracted -House Work or Soils 101 Att. Limits, Classification, Liquid limit, P.L, PI Prep) T89 & T90) (Dry (AASHTO 102 Att. D4318) Limits, Classification, Liquid limit, P.L, PI (Wet Prep) (ASTM 103 R -Value (AASHTO T190) 104 Proctor T99) — Standard (AASHTO 105 Proctor — Modified (AASHTO T180) 106 Proctor — One Point Check (FMM CP23 & CP25) 107 Nuclear Trip) Field Density Testing (FMM CP80 & CP25) (3 or more Per 108 Gradation (CP30 & CP31) 109 L.A. Abrasion test (AASHTO T96) Concrete Services 201 Standard Concrete Cylinders (Sampling and all testing) (Set of 6) (FMM C39) CP 61, AASHTO T152, T121, C1064, T119, T23, & ASTM 202 Additional cylinder (Per Each) 203 Compression test (Cap, Cure, and Break FOB lab) (Set of 6) 204 Concrete T119, T97, Beams ASTM (Set C39 of 3) & 01064) (FMM CP 61, AASHTO T152, T121, 205 Additional beam (Per Each) 206 Splitting Tensile Strength (Set of 6) (ASTM C496 & C496-11, AASHTO T198-15) 207 Sand equivalent (FMM CP 30 & CP 37) Exhibit A Item Work Item Description In -House or Subcontracted Work 208 Air Pot Calibration (ASTM C231) 209 Concrete Batch Testing (concrete properties testing (slump, unit weight, air, and temperature) on first two concrete trucks of placements 30 cubic yards and more) Asphalt Services 301 Gradation (FMM CP30, CP31 & CP-L5120) 302 S G absorption (Plus #4 material) (AASHTO T85) 303 S G absorption (Minus #4 material) (FMM CPL 4102) 304 Fractured Face Determination (FMM CP 30, CP 45, & AASHTO T304 A) 305 Flat Elongated Particles (D4791 Meth B) 306 Rice Value (FMM CP 41, CP 55, CP 51 & CP 56) 307 Lottman Test (FMM CP 41, CP 55, CPL -5109 & CPL -5115) 308 Mix Design Bulk Unit Weight & Hveem Stability Verification (FMM CP 52 & CP 31) 309 Bitumen Content by extraction, gradation Analysis of Extracted Agg (FMM CPL 5120 & CP 31,) 310 Bitumen Content by Extraction (FMM CPL 5120) 311 Density test 3 or more Per Trip (FMM CP 44, CP 81 & CP 82) 312 Field Coring Samples 6" Inside Diameter Core Barrel 313 Field Coring Samples 4" Inside Diameter Core Barrel 314 Bulk specific Gravity (FMM CP 44) 315 Air void Percentage (FMM CPL 5115) 316 Binder recovered (AASHTO M320) 317 Binder Un-recovered (AASHTO R59 & T164) 318 HMA / Oven Calibration (Each HMA Mix Design) 319 CRS -2R Emulsion Testing Residue by Evaporation - CP L2212/ASTM D6997, Penetration - ASTM D5, Ductility - ATM D113, Ductility Cold Weather - ASTM D5801, Toughness & Tenacity - ASTM 5801 Laboratory Services 401 Unconfined Compression (Set of 3) (ASTM D1633) Exhibit A Item Work Item Description In Subcontracted -House Work or 402 Additional Unconfined Compression Specimen 403 One-dimensional Swell test (ASTM D4565) 404 Non -Coated Bar (ASTM A370) 405 Epoxy Bar (ASTM A370) 406 Dust Palliative 407 Topsoil Testing 408 Resistivity (ASTM G57) 409 Water Soluble Chloride (FMM CPL 2104) 410 Water Soluble Sulfate (FMM CPL 2103) 411 pH (AASHTO G51) 412 Sodium Sulfate Soundness (ASTM C88/C88M) Miscellaneous Services 501 Drilling and sampling 502 Sonic Drilling and Sampling 503 Shoulder Closure (Traffic Control Devices) 504 Lane Closure (Traffic Control Devices and Flagging) 505 Mobile Closure (Traffic Control Devices and Flagging) 506 Flagging 507 Traffic Control Supervisor (TCS) 508 Traffic Control Plan Design (MHT) Miscellaneous Services 508 Cross hole Sonic Logging (CSL) Mobilization 509 CSL Data Collection per ASTM D6760 510 CSL Summary Report 511 CSL Pre -Con Meetings & Standby Technician Time 512 CDOT Pre Pre Concrete Products (PCI) -Stressed and -Cast Inspector 513 PCI Concrete Compression Test, Cylinders Exhibit A Item Work Item Description In -House or Subcontracted Work 514 PCI Management, Meetings, and Review 515 PCI Trip Charge 516 PCI Tendon Yield Stress Test, Assume 4 Cables + Shipping 517 Pile Driving Analysis (PDA) Via Case Pile Wave Analysis (CapWap) per pile 518 Pile or Caisson Foundation Engineer Review and Analysis 519 Falling Weight Deflectometer (FWD) testing — Rigid Pavement (1 Test per 300 feet, alternating lanes) (includes destructive and non- destructive pavement thickness testing) (includes GPS locates) 520 (FWD) testing — Flexible Pavement (1 Test per 300 feet, alternating lanes) (includes destructive and non-destructive pavement thickness testing) (includes GPS locates) 521 (FWD) testing — Gravel or RAP Road (1 Test per 300 feet, alternating lanes) (includes destructive and non-destructive pavement thickness testing) (includes GPS locates) 522 (FWD) testing — Subdivision Roads (1 Test per 600 feet, alternating lanes) (includes destructive and non-destructive pavement thickness testing) (includes GPS locates) Hourly Rates / Mileage 601 Principle Engineer and/or Geologist 602 Geotechnical Engineer/ Department Manager 603 Senior Field Technician Item Description 604 Field Technician 605 CDOT Qualified Project Inspector 606 Mileage Exhibit A Addendum Acknowledgement ***A signed copy must be submitted with your proposal. Company Name: Signature: Name: Title: Date of Signature Exhibit A 2025 Geotechnical Materials Testing and Engineering Negotiation of Service Item Unit Costs Item Work Item Description Unit Cost sods 101 Att Limits, Classification, Liquid limit, P L, PI (Dry Prep) (AASHTO T89 & T90) Ea 102 Att Limits, Classification, Liquid limit, P L, PI (Wet Prep) (ASTM D4318) Ea 103 R -Value (AASHTO T190) Ea 104 Proctor — Standard (AASHTO T99) Ea 105 Proctor— Modified (AASHTO T180) Ea 106 Proctor — One Point Check (FMM CP23 & CP25) Ea 107 Nuclear Field Density Testing (FMM CP80 & CP25) (3 or more Per Trip) Hr 108 Gradation (CP30 & CP31) Ea 109 L A Abrasion test (AASHTO T96) Ea Exhibit A Concrete Services 201 Standard Concrete Cylinders (Sampling and all testing) (Set of 6) (FMM CP 61, AASHTO T152, T121, C1064, T119, T23, & ASTM C39) Ea 202 Additional cylinder (Per Each) Ea 203 Compression test (Cap, Cure, and Break FOB lab) (Set of 6) Ea 204 Concrete Beams (Set of 3) (FMM CP 61, AASHTO T152, T121, T119, T97, ASTM C39 & C1064) Ea 205 Additional beam (Per Each) Ea 206 Splitting Tensile Strength (Set of 6) (ASTM C496 & C496-11, AASHTO T198-15) AASHTO T152, T121, C1064, T119, T23 Ea 207 Sand equivalent (FMM CP 30 & CP 37) Ea 208 Air Pot Calibration (ASTM C231) Ea 209 Concrete Batch Testing (concrete properties testing (slump, unit weight, air, and temperature) on first two concrete trucks of placements 30 cubic yards and more) Ea Exhibit A Asphalt Services 301 Gradation (FMM CP30, CP31 & CP-L5120) Ea 302 S G absorption (Plus #4 material) (AASHTO T85) Ea 303 S G absorption (Minus #4 material) (FMM CPL 4102) Ea 304 Fractured Face Determination (FMM CP 30, CP 45, & AASHTO T304 A) Ea 305 Flat Elongated Particles (D4791 Meth B) Ea 306 Rice Value (FMM CP 41, CP 55, CP 51 & CP 56) Ea 307 Lottman Test (FMM CP 41, CP 55, CPL -5109 & CPL -5115) Ea 308 Mix Verification Gyratory, Hveem Stability, Rice, VMA, Air Voids Ea 309 Bitumen Content by extraction, gradation Analysis of Extracted Agg (FMM CPL 5120 & CP 31,) Ea 310 Bitumen Content by Extraction (FMM CPL 5120) Ea Exhibit A Asphalt Services 311 Density test 3 or more Per Trip (FMM CP 44, CP 81 & CP 82) Hr 312 Field Coring Samples 6" Inside Diameter Core Barrel Hr 313 Field Coring Samples 4" Inside Diameter Core Barrel Hr 314 Bulk specific Gravity (FMM CP 44) Ea 316 Binder recovered (AASHTO M320) Ea 317 Binder Un-recovered (AASHTO R59 & T164) Ea 318 HMA / Oven Calibration (Each HMA Mix Design) 3 ac extractions Ea 318 1 HMA / Oven Calibration (Each HMA Mix Design) 3 ac - QC premixed the oven calibration EA 319 CRS -2R Emulsion Testing Residue by Evaporation - CP L2212/ASTM D6997, Penetration - ASTM D5, Ductility - ATM D113, Ductility Cold Weather - ASTM D5801, Toughness & Tenacity - ASTM 5801 Ea Exhibit A Laboratory Services 401 Unconfined Compression (Set of 3) (ASTM D1633) Ea 402 Additional Unconfined Compression Specimen Ea 403 One-dimensional Swell test (ASTM D4565) Ea 404 Non -Coated Bar (ASTM A370) - Set of 3 bars Ea 405 Epoxy Bar (ASTM A370) - Set of 3 bars Ea 406 Dust Palliative Ea 407 Topsoil Testing Ea 408 Resistivity (ASTM G57) Ea 409 Water Soluble Chloride (FMM CPL 2104) Ea 410 Water Soluble Sulfate (FMM CPL 2103) Ea 411 pH (AASHTO G51) Ea 412 Sodium Sulfate Soundness (ASTM C88/C88M) Ea Exhibit A Miscellaneous Services 501 Drilling and sampling Hr 502 Sonic Drilling and Sampling Day 503 Shoulder Closure (Traffic Control Devices) Day 504 Lane Closure (Traffic Control Devices and Flagging) Day 505 Mobile Closure (Traffic Control Devices and Flagging) Day 506 Flagging Day 507 Traffic Control Supervisor (TCS) DAY 508 Traffic Control Plan Design (MHT) EA 509 Cross hole Sonic Logging (CSL) Mobilization Day 510 CSL Data Collection per ASTM D6760 Ea 511 CSL Summary Report Ea 512 CSL Pre -Con Meetings & Standby Technician Time Hr 513 CDOT Pm -Stressed and Pre -Cast Concrete Products Inspector (PCI) Hr 514 PCI Concrete Compression Test, Cylinders Ea 515 PCI Management, Meetings, and Review Hr 516 PCI Trip Charge Ea 517 PCI Tendon Yield Stress Test, Assume 4 Cables + Shipping LS 518 Pile Driving Analysis (PDA) Via Case Pile Wave Analysis (CapWap) per pile Ea 519 Pile or Caisson Foundation Engineer Review and Analysis Hr Exhibit A Miscellaneous Services 520 Falling Weight Deflectometer (FWD) testing — Rigid Pavement (1 Test per 300 feet, alternating lanes) (No thickness and no gpr) (includes GPS for FWD) Includes Traffic Control Per 5 Miles 521 (FWD) testing — Flexible Pavement (1 Test per 300 feet, alternating lanes) (includes coring 1 to 2 cores per roadway, gpr, traffic control) Range 5 Miles 10 Miles 50 Miles 100 Miles 522 (FWD) testing — Gravel or RAP Road (1 Test per 300 feet, alternating lanes) (Does not include gpr/coring) (includes GPS locates) Includes low level to medium level traffic control Per 5 Miles 523 (FWD) testing — Subdivision Roads (1 Test per 600 feet, alternating lanes) ( 1 core per subdivsion, low level traffic control, and gpr) Range 2 5 Miles 5 Miles 10 Miles Hourly Rates / Mileage 601 Principle Engineer and/or Geologist Hr 602 Geotechnical Engineer/ Department Manager Hr 603 Senior Field Technician Hr 604 Field Technician Hr 605 CDOT Qualified Project Inspector (rates could range from $80 - $120 depending upon experience level and needs) Hr 606 Mileage Mile Exhibit A ENGINEERING Response to Request for Proposal Solicitation Number B2500041 Geotechnical Services (On -Call Materials Testing and Other Engineering Services) Submitted To: Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 February 14, 2025 Exhibit B February 13, 2025 Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 We are proud to submit our company qualifications for your consideration of GROUND Engineering Consultants, Inc. (GROUND) to assist you with on -call geotechnical services for Weld County, in response to RFP No. B2500041. GROUND brings many qualifications and value to this contract and has provided on -call geotechnical engineering, materials testing and special inspection services for many similar contracts in the Northern Colorado Area. GROUND's Northern Colorado location, service capabilities, along with our extensive experience with similar contracts, will provide great value to the Weld County on this important contract. WHY GROUND? On -Call Experience — over 41 years of experience in providing geotechnical engineering, construction materials testing and special inspection services in Northern Colorado on similar municipal on -call contracts. Our management, field and laboratory staff have extensive experience with the applicable standards for this contract. Capacity — our Loveland office currently has a staff of nearly 30 people consisting of management, field inspectors and testers, laboratory and adminstrative personnel. We have the capacity needed to successfully deliver timely and professional services throughout the duration of this important contract. Location — efficient and cost effective services will be provided from our nearby office and AMRL/AASHTO accredited laboratory in Loveland. Ability to provide comprehensive services, while utilizing no subcontractors — in addition to our comprehensive ability to provide geotechnical engineering, materials testing and special inspection services, our Loveland office staff has the ability to provide a variety of specialty testing services, including GPR testing and FWD testing. We are submitting GROUND's qualifications for your review. Addendums 1-3 have been received and reviewed. Should you require any additional information, please do not hesitate to contact me. Thank you for your time and consideration of GROUND, we appreciate it. Sincerely, Joseph Zorack, P.E. (main point of contact) Principal Engineer/Area Manager Ground Engineering Consultants, Inc. 2468 East 9th Street Loveland, Colorado 80537 970-622-0800, 970-622-0801 fax joe.zorackgroundeng.com GR Na ENGINEERING V a) ra V V IJ 0 a) C9 ivt- ri 0 0 Ln N CO LL CC C D 0 U D a) Exhibit B Schedule A — Proposal Instructions We have reviewed the proposal instructions outlined in the RFP provided, and will be submitting our proposal response by the preferred method, electronically at bids@weld.gov. If hard copies are requested, we can provide them as well. Note: we have received and reviewed addendums 1-3, and have attached executed acknowledged copies. Schedule B — Scope of Work (including Table 1) We understand Weld County is requesting proposals from qualified firms to provide geotechnical services on an on -call basis, specifically with an initial term of one year with the option to renew up to an additional two one-year terms. Fees and unit pricing have not been provided, as we understand negotiated contract prices will be provided and agreed upon between the County and the successful proposer. Table 1, as revised in addendum 3, has been completed and is attached to the end of this submittal. Based on review of the Scope of Work in the RFP provided, please note the following: • Ability to provide comprehensive services — we have reviewed the list of services outlined in the RFP (on -call materials testing, dedicated field staff for CIP projects, soils report and pavement designs, PDA testing, CSL testing, deep foundation observations, precast concrete inspections (per PCI), NDT/FWD testing, GPR testing, structural steel field and fab shop inspections, IAT testing for CDOT local agency projects); GROUND can provide all field and laboratory services with our in-house staff and Loveland AMRL/AASHTO certified laboratory, without exception. • In addition to the items described in the Project Scope of Work Section, we have reviewed the requirements on pages 10 and 11 of the RFP which outline the minimum requirements of field testing and inspection personnel, as well as minimum requirements of the laboratory. Our Loveland office's accredited laboratory and field staff meet all of the minimum requirements, without exception. • Our Loveland office opened over 22 years ago, and has been managed by Joe Zorack, P.E. since day one. Joe and his staff have completed an extensive list of projects over this time utilizing Weld County and CDOT standards, and we are currently providing successful on -call services for Weld County. Joe and his staff also have a thorough understanding of CDOT specifications; most recently our Loveland office has been providing quality control services on the 1-25 North project for Kraemer/IHC Scott, and have completed quality assurance services (utilizing CDOT 250 forms) on local agency projects for the City of Loveland, Town of Erie, Weld County, Town of Platteville, and the Town of Berthoud. Additionally, our staff has successfully completed services on multiple projects in Rocky Mountain National Park which utilized federal FHWA specifications. Overview of Ground Engineering Consultants, Inc. Ground Engineering Consultants, Inc. (GROUND) is a 41+ year old firm (all in Colorado), which provides geotechnical engineering, materials testing, materials testing laboratory services, 3rd party building inspections, and various specialty testing and inspection services. GROUND offers a rich and diverse history to aid Weld County on your construction projects. Along with our service approach, another reason we have achieved success in our industry is our commitment to hire qualified people, and our commitment to develop all members of our staff into well-rounded, experienced technicians and engineers. As a result, our clients consistently recognize our staff for providing outstanding professional service. all'UNIII Exhibit B tn a) V a) a Geotechnica yei icr 0 0 v7 N CO CC 4J C O U CU ENGINEERING GROUND has extensive experience with geotechnical engineering, construction materials testing and special inspections for infrastructure and building projects including city, county, state and federally funded projects. Our engineering staff consists of Professional Engineers (PE), Engineers in Training (EIT), Registered Geologists (RG), Certified Weld Inspectors (CWI), Construction Inspectors and Field Technicians who are either Civil Engineering graduates or working toward NICET II and higher certification. GROUND has a fully staffed Certified Weld Inspector division consisting of 7 full time Certified Weld Inspectors with over 100 years of combined experience. In addition, we have 15 full time highly qualified and certified ICC building inspectors familiar with the requirements for building/special inspection. On -Call Experience Our Loveland office has extensive experience providing on -call services throughout Northern Colorado. We have had the privilege of providing on -call services to most of the cities and counties in Northern Colorado. Recent experience has included providing on -call services for the following: Colorado State University, Larimer County, City of Loveland, Weld County, Boulder County, Boulder Valley School District RE -2, Thompson School District R2 -J, Poudre School District, City of Greeley, and the Northern Colorado Water Conservancy District. GROUND's in-house construction testing and inspection services capabilities include: Construction Materials Testing and Special Inspections • Soils and Rock Laboratory Testing • Earthwork and Concrete Testing • Reinforcing Steel Inspection • Weld Inspection and Testing (Erection and Fabrication) • Bolt Tensioning • Aggregate Evaluation • Structural Masonry Testing and Inspection • Excavation Inspections • Asphalt Testing • Fireproofing Inspection/Testing • Floor Flatness/Levelness • Paint Thickness Verification • Pile Dynamic Analysis (PDA) • Crosshole Sonic Logging (CSL) • Ground Penetrating Radar (CPR) • Rebar locating services in a concrete medium • Slab Moisture Vapor Emissions Testing • Maturity Meter Testing Building Inspection Services GROUND is licensed to conduct third party inspections on behalf of the Colorado Division of Fire Protection & Control (as a company we currently have 15 certified inspectors) • Footing and Foundations • Concrete slabs and underfloor vapor barriers • Framing (wood and light gauge metal) • Sprayed fire-resistant materials • Fire penetrations/fire stopping In -House Specialty Testing Service Capabilities • Utility inspection services • Paint/coating thickness verification • • • • Lath/gypsum on rated assemblies Energy Efficiency Brick Ties Rough and above ceiling mechanical Roofing • Rebar locating services in a concrete medium • Shear velocity/down hole seismic evaluation GROUND ade ENGINEERING Exhibit B 4 C V a) V 0 a� 1 0 0 0 Ln N C- U- De C O U U) • Cross hole echo impulse response • Pile Dynamic Analysis (PDA) • Ground Penetrating Radar (GPR) • Non-destructive weld examination Additional On -Call Services Available • Slab Moisture Vapor Emissions Testing • Maturity Meter Testing • On -site mobile laboratories • Specialty laboratory testing • Resilient Modulus • Permeability • Triaxial Shear GROUND has a full Specialty Services Division within the company which brings numerous areas of expertise to projects. This division of the company is responsible for the following: Construction Management and Civil Inspections Stormwater/Erosion Control Inspections Utility Inspections Certified Building Inspections Services Pavement Evaluation/Management We have numerous professional engineers, certified building inspectors, construction managers, construction inspectors, stormwater inspectors and utility inspectors within this Division. We excel in our ability to work with clients, specifically municipalities, to develop scopes of work that fit each unique situation and need. Many municipalities are simply looking to supplement their current staff through strategic outsourcing of professional services. Our Specialty Services Division was developed precisely for the purpose of providing our clients with niche services that can provide great value to projects at affordable rates. GROUND believes we have the unique ability to help defer the workloads created by a strong construction market by providing various inspection services for projects that municipalities would otherwise be required to devote their existing staff to manage. Laboratory Capabilities GROUND participates in several national reference sample programs, and is accredited by both the AASHTO Materials Reference Laboratory (AMRL), and the Cement and Concrete Reference Laboratory (CCRL). Our laboratory has passed rigorous inspections by the U.S. Army Corp of Engineers and CDOT. GROUND has the laboratory capabilities to maintain timely and accurate results regardless of the quantity of samples. GROUND prides itself in providing cutting edge technology and equipment for specialty services that enhance our ability to provide services that meet and exceed our clients' expectations. GROUND's Loveland office is accredited by the AASHTO Materials Reference Laboratory (AMRL). A copy of our laboratory certification can be provided upon request, and is located on the website www.amrl.net. In addition, we are certified by the U.S. Army Corps of Engineers. GRIIIIND ENGINEERING In a) U a) (1) co _c .c a) II 0 CU C3 II 0 O O N CO 0 U. lJ C O U D a) Exhibit B Proposed Staff for this Contract Primary Point of Contact Mr. Joseph Zorack, P.E. Principal Engineer/Area Manager Ground Engineering Consultants, Inc. 2468 East 9th Street Loveland, Colorado 80537 970-622-0800 (office), 720-933-0627 (cell) joe.zorack@groundeng.com GROUND has assembled an experienced team of key personnel who have worked together on many similar service contracts. Our team is crafted to deliver a full complement of geotechnical engineering support, and construction materials testing and inspection services on any work order that may arise under this contract. GROUND will coordinate with the County to assign the appropriate team members based on the needs of each project. • Joe Zorack, P.E. — Principal Engineer/Area Manager • Aaron Klingsmith — Construction Services Supervisor/Project Manager • Andrew Servold — Special Inspector/ Asst. Construction Services Supervisor • Kelsey Van Bemmel, P.E. — Project Engineer/Certified Building Inspector • Field technicians/inspectors — properly certified field staff will be assigned to each project based on the service needs The proposed staff have extensive experience as a team providing services throughout Northern Colorado. Joe, Aaron and Kelsey have worked together for nearly 19 years, and Drew has been an important member of our GROUND Loveland team for 8 years. We have the capacity to fully commit each of our team members for the service demands of this on -call contract. With over 190 personnel as a company (including a staff of nearly 30 at the Loveland office location), GROUND has the capacity to provide consistent, dedicated staffing to maintain continuity of service throughout this important contract. And based on the service demands of each work order, we have the capacity to provide dedicated and qualified field staff throughout the duration of each project. No services will be subcontracted, and all testing and inspection services will be completed by GROUND staff. GRONa ENGINEERING Geotechnical Servi County RFP B2500041 Exhibit B Schedule D — RFP Response • We understand Weld County is requesting proposals from qualified firms to provide geotechnical services on an on -call basis, specifically with an initial term of one year with the option to renew up to an additional two one-year terms. Fees and unit pricing have not been provided, as we understand negotiated contract prices will be provided and agreed upon between the County and the successful proposer. • Our Loveland office team has experience working with Weld County providing on -call geotechnical services; through lessons learned on current and previous contract with Weld County, we will continue to work with the County to meet the service expectations. • We have provided successful on -call geotechnical services to most of the municipal entities in Northern Colorado; recent experience includes providing services for the City of Greeley, City of Loveland, Larimer County, Town of Erie, Town of Mead, Town of Berthoud, Boulder County, Town of Firestone, and Estes Park. References can be provided upon request. • We believe there are many factors that are critical in providing successful on -call services, including but not limited to: o Ability and capacity to respond to short notice requests — our Loveland office staff currently has a staff of nearly 30 personnel, and our Front Range offices have a total field staff of nearly 150 inspectors and testers; we have the capacity to commit qualified and consistent field staff to the County throughout the duration of the contract. We pride ourselves on responding to all testing requests received, even on short notice o Communication — we understand the importance of excellent communication to be provided with our clients, and especially on on -call service contracts. A continual and professional line of communication is essential in scheduling and coordination of our services, follow up on non-compliance testing items, and timely delivery of test results. Our Loveland office management staff, led by Joe Zorack P.E. (Principal Engineer/Area Manager), Aaron Klingsmith (Construction Services Supervisor/Project Manager), and Kelsey Van Bemmel P.E. (Project Engineer/Field Engineer/Certified Building Inspector) have worked as a team for nearly 20 years, and commit to providing unmatched client service and communication to our clients. As a result, we have had the opportunity to provide on -call services to most of the municipalities in Northern Colorado. If awarded this contract, Joe and his staff will extend this commitment to Weld County, and will work diligently to meet your service needs. o Cost Controls — our services will be provided on an as scheduled basis, therefore the amount of our services provided and subsequently invoiced will be controlled based on the scheduling of our services. Our project management staff will stay in close communication with the Weld County representative on the status of each project budget as it progresses. Note: we will not subcontract any of the anticipated geotechnical services for this contract. o Test results and documentation — our staff has a thorough understanding of the expectations of Weld County regarding report distribution and documentation. Our staff will be flexible based on the needs of Weld County as this contract progresses, and will adapt to any changes that are requested regarding tests reports and documentation. • Describe any judgements, claims or suits pending or outstanding — we have no judgements, claims or suits against our company, pending or outstanding. • Describe any citations by OSHA for violations within the last 5 years — we have no OSHA citations within the last 5 years. • Describe any changes in company ownership in the last 5 years — we have not had any changes in company ownership in the last 5 years. • Office location — all services will be providing from our northern Colorado office and accredited laboratory in Loveland. We value our relationship with Weld County, and will 1111,1111INIIII ENGINEERING •. Exhibit B a) a) U) ca .0 U a) 0 C) U, 0 0 0 Li) N m C- LL oC 4J C O U D a) work to provide unmatched value in the services provided to the County. Our nearby office in Loveland will not affect project coordination with the County. • Weld County project specifications and policies — our Loveland office management and field staff have extensive experience as a team on projects for and within Weld County, over the past 20 years. These projects have been completed according to Weld County and CDOT specifications. • Our Loveland office has a staff of nearly 30 employees. GROUND is financially stable, and continues to be since being established in 1984. • General knowledge about Weld County — Joe Zorack has led our Loveland office since opening over 22 years ago. Joe lives in Weld County, as does many of his field and laboratory staff. Joe and his staff live and work in Weld County, and are engaged in the community, while at work and otherwise. • Our services will be provided on time and within budget, as scheduled by Weld County representatives, or the contractors on each project. References The following is a list of owner references for similar on -call service contracts that have been completed in the past 3 years. Additional references can be provided upon request. • Colorado State University o Tony Flores, Project Manager o Email: steven.flores@colostate.edu o Phone: 970-658-6758 • Larimer County o Erich Purcell, P.E., Civil Engineer o Email: epurcell@larimer.org o Phone: 970-498-5733 • City of Loveland o Merinda Bennett, Construction Project Manager o Email: merinda.bennett@cityofloveland.org o Phone: 970-290-3110 • City of Greeley o Paige Millen, Public Works Engineering o Email: paige.millen@greeleygov.com o Phone: 970-373-8210 a NIII ENGINEERING c 0 U N i Exhibit B Schedule G — Weld County Contract We have reviewed the updated sample professional services agreement provided in the addendum. We have provided the executed acknowledgement for addendum #2, along with one requested modification we would request for item 20. Indemnity. Acknowledgment of Addendums 1-3 (attached) Attachments Schedule E — Proposal Form Acknowledgement Forms for Addendums 1-3 Completed Table 1 — included in Acknowledgement of Addendum #3 County RFP B2500041 Geotechnical Services GROUND Exhibit ENGINEERING Schedule E - Proposal Form Proposal Submittal Instructions The following items must be completed and submitted with your Proposal on or before the Proposal opening deadline of 1:00 PM on February 14, 2025: 1) Schedule B- Scope of Work 2) Schedule E — Proposal Form 3) W9, if applicable. * 4) Any potential or future Addenda must be completed/acknowledged. 5) All other items as requested in the Proposal Specifications and/or Scope of Work. *A current W9 is required for new Proposers. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your Proposal may result in your Proposal being incomplete, non -responsive, and your Proposal being rejected. If there are any exclusions or contingencies submitted with your Proposal it may be disqualified. Fees No fees are associated with this RFP. Do not provide unit costs, doing so will disqualify the consultant's proposal. During the consultant selection process unit prices will be discussed and negotiated. Contract renewal shall be agreed to verbally or in writing within a minimum of thirty (30) days preceding the anniversary date of this Agreement, The County shall notify The Contract Professional if it wishes to renew this Contract. If the parties wish to renew this Contract, the parties shall negotiate and agree to increases to the fee schedule. Increases in the fee schedule shall not exceed the Denver -Aurora -Lakewood Consumer Price Index (CPI) for All Products which is in effect at the time of contract renewal. After the initial contract term, the Contract, in the County's sole discretion, may be renewed for not more than two 1 -year contract extensions. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The Proposal proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Proposal for Request No. #B2500041. 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 Proposer for the amount shown on the accompanying Proposal sheets. 4. Acknowledgement of Schedule F — Insurance and Bond 5. Acknowledgment of Schedule G — Weld County Contract 6. By submitting a responsive Proposal 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 Proposals, to waive any informality in the Proposals, and to accept the Proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The Proposal(s) may be awarded to more than one vendor. Exhibit B Attestation Item Entry Company Name: Ground Engineering Consultants, Inc. Address: 2468 East 9th Street, Loveland, CO 80537 Phone 970-622-0800 joe.zorackgroundeng.com Email: 840946714 FEIN/Federal Tax ID #: CONTRACTOR: By: Ground Engineering Consultants, Inc. Name: Joe Zorack, P.E.__K7 A Title: Principal 2/13/25 Date of Signature BID REQUEST #B2500041 Page 18 Exhibit B Addendum #1 Bid Request Number B2500041 Geotechnical Services (On -Call Geotechnical Materials Testing and Other Engineering Services) Revision to Schedule D — RFP Response Submittal Question #16 on page 13 shall be revised as follows: The response must provide an estimated time required to perform the following procedures, review, and report the test results: Atterberg Limits, R -Value, LA Abrasion, Bitumen Content, Asphalt Aggregate Gradation Analysis, Rice Value, Lottman Test, Hveem Stability, and Binder Recovery. Consultant Questions and County Answers Question #1: How many consultant contracts will be awarded? Answer #1: One consultant contract will be awarded. Question #2: What is the purpose of splitting tensile strength testing? Answer #2: The County will continue using flexural strength beams for the acceptance of concrete pavements. However, the County is also collecting correlation data between splitting tensile strength and flexural strength specimens for further analysis. Question #3: What is the County seeking in Dust Palliative testing? Answer #3: The County uses products containing "magnesium chloride" (mag-chloride) for dust mitigation and ice removal. We seek a chemical content analysis of these products to verify the legitimacy of purchases and confirm the potency of the supplied chemical. Question #4: What is the length of the contract? Answer #4: The contract duration is one year, with the option for two additional one- year renewals at the discretion of Weld County. Question #5: Will the current consultant complete County projects already in construction if a new consultant is awarded the contract? Answer #5: No, the successful proposer will assume all Owner's Acceptance (OA) responsibilities for the project upon receiving the notice to proceed. Question #6: Should costs be included in the service schedule? Exhibit B Answer #6: No, costs should not be included in the service schedule. The service schedule is intended to inform the County about the services to be provided by the proposer and any subcontracted services. Including costs in the proposal will result in disqualification. Costs will be negotiated with the successful proposer. Question #7: Will a Lab Inspection be required as per CP 10? Answer #7: Yes, federally funded projects require a Lab Inspection according to CP 10. The inspection will be performed by either CDOT or Weld County. For self -funded projects, the County reserves the right to implement CP 10 inspection requirements. Addendum Acknowledgement ***A signed copy must be submitted with your proposal. Company Name: Ground Engineering 6; -%Signature: ��ii� Name: Joe Zorack, P.E. Title: Principal February 12, 2025 2/13/25 Date of Signature Exhibit B Addendum #2 Bid Request Number B2500041 Geotechnical Services (On -Call Geotechnical Materials Testing and Other Engineering Services) Revision to Professional Services Agreement (12/11/2024) — Replace Professional Services Agreement Between Weld County and [Contractor] Document in RFP with Example Below. 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 [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the 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 Request for Bid (RFB) or Request for Proposal (RFP) as set forth in Bid Package No. B • Exhibit B consists of Contractor's Response to County's Request. Exhibit B 2 Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement 3 Term. The term of this Agreement begins upon, the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year This Agreement may be extended upon mutual written agreement of the Parties 4 Termination, Breach; Cure. County may terminate this Agreement for its own - convenience upon thirty (30) days written notice to Contractor Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient, and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE " If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County, (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment, and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work County shall be entitled to the use of all material generated pursuant to this Agreement upon termination Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered 5 Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly Exhibit B e nriched by any additional services, whether or not there is in fact any such unjust e nrichment, 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 n ot 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, u nexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents Exhibit B 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 Any provisions in this Contract that may appear to give the County the right to direct contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract 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, Exhibit B assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement 11 Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review If the County expenences additional costs dunng project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs 12 Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc , generated during completion of this 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 Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A M Best" rating of Exhibit B not less than A -VII The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency Required Types of Insurance Workers' Compensation and 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 Minimum Limits Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance - Occurrence Form Policy shall include bodily injury, property damage, liability assumed under an Insured Contract The policy shall be endorsed to include the following additional insured language "Weld County, its subsidiary, parent, elected officials, trustees, employees, associated and/or affiliated entities, successors, or assigns, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows General Aggregate $ 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles used in the performance of this Contract Such policy shall maintain Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Exhibit B 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 Per Loss Aggregate $ 1,000,000 $ 2,000,000 14 Proof of Insurance. Upon County's request, Contractor shall provide to County, for examination, a policy, endorsement, or other proof of insurance as determined in County's sole discretion Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name on the Certificate of Insurance "Weld County, its successors or assigns, its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds" for work that is being performed by the Contractor On insurance policies where Weld County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Exhibit B Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the Certificate of Insurance The County reserves the right to require complete, certified copies of all insurance policies required by this Agreement at any time, and such shall also be deemed confidential Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action 15 Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause Exhibit B for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award 16 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 17 No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of -any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 18 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 19 Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event'of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 20 Indemnity. The Contractor shall indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against any and all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs, (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused in whole or in part by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or Exhibit B recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. in-vestig-tion, defense, and judgment costs where this indemni•fica-tion is applicable. In consideration of award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. A failure of Contractor to comply with these indemnification provisions shall result in County's right but not the obligation to terminate this Agreement or to pursue any other lawful remedy. 21. 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. 22. 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. 23. 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. 24. 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: Exhibit B 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: Position: Address: Address: E-mail: P hone: 25. 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. 26. 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. 27. 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. 28. 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 Exhibit B create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year 29 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 30 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 31 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 32 Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other immunities, rights, benefits, and protections,' provided by the Colorado Governmental Immunity Act §§24-10-101 et seq , as from time to time amended, or otherwise available to the County, its subsidiary, associated and/or affiliated entities, successors, or assigns, or its elected officials, employees, agents, and volunteers - 33 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 34 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 35 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 Exhibit B 36 No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)), nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law, including employment verification requirements contained within state or federal grants or awards funding public contracts Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation 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 37 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 38 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 BOARD OF COUNTY COMMISSIONERS Exhibit B Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board [Insert Name], Chair Addendum Acknowledgement ***A signed copy must be submitted with your proposal. Company Name: Ground Engineering Signature: / a- '` ' i eetzt---1, _ Name: Joe Zorack, P.E. Title: Principal February 12, 2025 2/13/25 Date of Signature Exhibit B Addendum #3 Bid Request Number B2500041 Geotechnical Services (On -Call Geotechnical Materials Testing and Other Engineering Services) Revision to Table 1 — In -House or Subcontracted Service Items. Updated Table includes added service Item, and numbering sequence has been updated to Miscellaneous Services below in "Red". Table 1 1- In -House or Subcontracted Service Items. Estimated Item Work Item Description In -House or Work Subcontracted Turnaround (Days) Time Soils 101 Att. Limits, Classification, Liquid limit, GROUND 1-2 P.L, PI (Dry Prep) (AASHTO T89 & T90) 102 Att. P.L, Limits, PI (Wet Classification, Prep) (ASTM Liquid D4318) limit, GROUND 2-3 GROUND 4-8 T190) 103 R -Value (AASHTO T99) GROUND 2-3 104 Proctor — Standard (AASHTO GROUND 2-3 105 Proctor — Modified (AASHTO T180) Proctor — One Point Check (FMM CP23 GROUND 1 106 & CP25) GROUND 107 Nuclear Field Density Testing (FMM CP80 & CP25) (3 or more Per Trip) 108 Gradation (CP30 & CP31) 1-2 GROUND T96) GROUND 3-5 109 L.A. Abrasion test (AASHTO Concrete Services 201 Standard and all testing) Concrete (Set Cylinders of 6) (FMM (Sampling CP 61, GROUND T152, T121, C1064, T119, T23, AASHTO & ASTM C39) 202 Additional cylinder (Per Each) GROUND 203 Compression Break FOB lab) test (Set (Cap, of Cure, 6) and GROUND 204 Concrete Beams (Set of 3) (FMM CP GROUND T152, T121, T119, T97, 61, ASTM AASHTO C39 & C1064) 205 Additional beam (Per Each) GROUND Exhibit B Item Work Item Description In -House or Subcontracted Work Estimated Turnaround Time (Days) 206 Splitting Tensile Strength (Set of 6) (ASTM C496 & C496-11, AASHTO T198-15) GROUND 207 Sand equivalent (FMM CP 30 & CP 37) GROUND 208 Air Pot Calibration (ASTM C231) GROUND 209 Concrete Batch Testing (concrete properties testing (slump, unit weight, air, and temperature) on first two concrete trucks of placements 30 cubic yards and more) GROUND Asphalt Services 301 Gradation (FMM CP30, CP31 & CP- L5120) GROUND 1-2 302 S G absorption (Plus #4 material) (AASHTO T85) GROUND 303 S G absorption (Minus #4 material) (FMM CPL 4102) GROUND 304 Fractured Face Determination (FMM CP 30, CP 45, & AASHTO T304 A) GROUND 305 Flat Elongated Particles (D4791 Meth B) GROUND 306 Rice Value (FMM CP 41, CP 55, CP 51 & CP 56) GROUND 1 307 Lottman Test (FMM CP 41, CP 55, CPL- 5109 & CPL -5115) GROUND 8-12 308 Mix Design Bulk Unit Weight & Hveem Stability Verification (FMM CP 52 & CP 31) GROUND 3-5 309 Bitumen Content by extraction, gradation Analysis of Extracted Agg (FMM CPL 5120 & CP 31,) GROUND 1-2 310 Bitumen Content by Extraction (FMM CPL 5120) GROUND 1 311 Density test 3 or more Per Trip (FMM CP 44, CP 81 & CP 82) GROUND 312 Field Coring Samples 6" Inside Diameter Core Barrel GROUND 313 Field Coring Samples 4" Inside Diameter Core Barrel GROUND Exhibit B In -House or Subcontracted Work Estimated Turnaround (Days) Time Item Work Item Description 314 Bulk specific Gravity (FMM CP 44) GROUND 1 315 Air void Percentage (FMM CPL 5115) GROUND Subcontracted 10-15 316 Binder recovered (AASHTO M320) & Subcontracted 317 Binder T164) Un-recovered (AASHTO R59 HMA Mix GROUND HMA / Oven Calibration (Each 318 Design) CRS -2R Emulsion Testing: Residue by Subcontracted Evaporation - CP L2212/ASTM D6997, 319 Penetration D113, D5801, 5801 Ductility Toughness - ASTM Cold & D5, Weather Tenacity Ductility - ASTM - ASTM - ATM Laboratory Services 401 Unconfined (ASTM D1633) Compression (Set of 3) GROUND 402 Additional Specimen Unconfined Compression GROUND 403 One-dimensional D4565) Swell test (ASTM GROUND 404 Non -Coated Bar (ASTM A370) Subcontracted Subcontracted 405 Epoxy Bar (ASTM A370) 406 Dust Palliative Subcontracted 407 Topsoil Testing Subcontracted GROUND 408 Resistivity (ASTM G57) 409 Water 2104) Soluble Chloride (FMM CPL GROUND 410 Water Soluble Sulfate (FMM CPL 2103) GROUND GROUND 411 pH (AASHTO G51) 412 Sodium C88/C88M) Sulfate Soundness (ASTM GROUND Miscellaneous Services 501 Drilling and sampling GROUND 502 Sonic Drilling and Sampling GROUND Exhibit B Item Work Item Description In -House or Subcontracted Work Turnaround Estimated (Days) Time 503 Subcontracted Shoulder Devices) Closure (Traffic Control 504 Subcontracted Lane and Flagging) Closure (Traffic Control Devices 505 Mobile and Flagging) Closure (Traffic Control Devices Subcontracted 506 Flagging Subcontracted 507 Traffic Control Supervisor (TCS) Subcontracted 508 Traffic Control Plan Design (MHT) Subcontracted Miscellaneous Services 508 Cross Mobilization hole Sonic Logging (CSL) GROUND 509 GROUND CSL Data Collection per ASTM D6760 510 CSL Summary Report GROUND 511 Technician CSL Pre -Con Time Meetings & Standby GROUND 512 CDOT Concrete Pre Products -Stressed Inspector and Pre -Cast (PCI) GROUND 513 PCI Cylinders Concrete Compression Test, GROUND 514 PCI Review Management, Meetings, and GROUND 515 PCI Trip Charge GROUND 516 Subcontracted PCI 4 Cables Tendon + Shipping Yield Stress Test, Assume 517 Pile Pile Driving Wave Analysis Analysis (CapWap) (PDA) Via per Case pile. GROUND 518 GROUND Pile or Caisson Foundation Engineer Review and Analysis 519 Falling Weight Deflectometer (FWD) GROUND testing — Rigid Pavement (1 Test 300 destructive pavement GPS feet, locates) alternating thickness and non-destructive lanes) testing) (includes (includes per 520 (FWD) testing — Flexible Pavement (1 GROUND Test (includes per 300 destructive feet, alternating and non lanes) - Exhibit B Item Work Item Description In -House or Subcontracted Work Estimated Turnaround (Days) Time destructive (includes GPS pavement locates) thickness testing) testing — Gravel or RAP Road (1 GROUND 521 (FWD) Test (includes destructive (includes per 300 destructive GPS pavement feet, locates) alternating and thickness non- lanes) testing) GROUND testing — Subdivision Roads (1 (FWD) 522 Test (includes destructive (includes per 600 destructive GPS pavement feet, locates) alternating and thickness non- lanes) testing) Hourly Rates / Mileage 601 GROUND Principle Engineer and/or Geologist 602 GROUND Geotechnical Engineer/ Department Manager 603 Senior Field Technician GROUND Item Description 604 Field Technician GROUND 605 CDOT Qualified Project Inspector GROUND 606 Mileage GROUND Addendum Acknowledgement ***A signed copy must be submitted with your proposal. Company Name: Ground Engineering 2/13/25 Date of Signature Signature: Name: Joe Zorack, P.E. Title: Principal Exhibit B llCOR v, Client# 1083122 CE TBF@CATE OF LEA ( ILIT G �NSU GgnR�ppOy�UpN.TENGI NCE DAT(MMIDDlYYYY) 03/20/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder's an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT NAME USI Insurance Services, LLC PHONE 800 873-8500 FAX (A/C, No ExQ (A/C, No 4600 S Ulster Street, Suite 1200 ADDRESS den certificate@usi com Denver, CO 80237 INSURER(S) AFFORDING COVERAGE NAIL It 800 873-8500 INSURER A Travelers Property Cas Co of America 25674 INSURED INSURER B Travelers Indemnity Company of CT 25682 GROUND Engineering Consultants, Inc Berkley Insurance Company INSURER C Y p Y 32603 41 Inverness Drive East INSURER D St Paul Protective Insurance Company 19224 Englewood, CO 80112 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 48566841 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TARTYPE OF INSURANCE LTR ADDL SUER INSR NND POLICY NUMBER POLICY EFF (MMIDDPX ) POLICY EXP (MM/DDYPA) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR X X 6802Y321971 06/06/2024 06/06/2025 EACH OCCURRENCE $1,000,000 PREMISES (Ea occu ante) $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN _ L AGGREGATE LIMIT APPLIES PER POLICY ^I JECT fl LOC OTHER PRODUCTS COMP/OPAGG $2,000,000 D AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY - SCHEDULED AUTOS NON ED x AUTOOWNS ONLY X X 8100Y694903 06/06/2024 06/06/2025 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ 06/06/2024 06/06/2025 EACH OCCURRENCE $9,000,000 A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE X X CUP0Y698569 AGGREGATE s9,000,000 0 DED I XI RETENTION $10000 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICERIMEMBER EXCLUDED ® (Mandatory m NH) Ifyes describe under DESCRIPTION OF OPERATIONS Mow X N I A UB0Y696017 06/06/2024 06/06/2025 X I STATUTE I I ERH E L EACH ACCIDENT $1,000,000 E L DISEASE EA EMPLOYEE $1,000,000 E L DISEASE - POLICY LIMIT $1,000,000 $2,000,000 per claim $5,000,000 annl aggr X AEC907726908 06/06/2024 06/06/2025 C Professional and Pollution Liab Claims Made DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached if more space is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability, Designated Insured under Automobile Liability, and Additional Insureds under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Weld County Public Works Attn Ryan Axtman 1111 H Street Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION All rights reserved ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD Exhibit B #S48566841/M44983217 SACT DESCRIPTIONS(Continued from Page 1) The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and non contributory basis A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation Description of Operations RE Project 2025 Geotechnical On -Call Services Additional Insured The Contractor shall name on the Certificate of Insurance "Weld County, its successors or assigns, its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds for work that is being performed by the Contractor SAGITTA 25 3 (2016/03) 2 of 2 #S48566841/M44983217 Exhlbtt B GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 6802Y321971 OFFICE PAC ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) Or ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when, the bodily injury or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", "PERSONALINJURY" OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF;IN THEPERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONALINSURED(S) ATTHE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED,THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY; This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an Exhibit B GENERAL PURPOSE ENDORSEMENT POLICY NUMBER OFFICE PAC ISSUE DATE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following offense committed, after 1 ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE,MAINTENANCE OR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONALINSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED, OR 2 THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR APRINCIPAL AS A PART OF THE SAME PROJECT CGD361 0305 Copyright 2OO5 The St Paul Travelers Companies, Inc All nghtsreserved Includes copyrighted material of Insurance Services Office, Inc with its permission Page 1 of 1 Exhibit B GENERAL PURPOSE ENDORSEMENT POLICY NUMBER 6802Y321971 OFFICE PAC ISSUE DATE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS; LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ' ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETEDOPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S) Any person or organization that you agree in a written contract toinclude as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products -completed operations hazard, provided that such contract was signed and executed by you before, and is in effect when, the "bodily injury or "property damage" occurs LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS ) A SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS -COMPLETED OPERATIONS HAZARD" CG 20 37 07 04 Copyright ISO Properties, Inc 2004 Exhibit B 6802Y321971 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury" and "property damage" only if: CG T1 00 02 19 (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that 'bodily injury" or "property damage" has occurred or has begun to occur. © 2017 The Travelers Indemnity Company . All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its permission. Page 1 of 21 Exhibit B COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: Page 16 of 21 a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. © 2017 The Travelers Indemnity Company . All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T1 00 02 19 Exhibit B 6802Y321971 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general coverage description only Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered A. Non -Owned Watercraft — 75 Feet Long Or Less B. Who Is An Insured — Unnamed Subsidiaries C. Who Is An Insured — Retired Partners, Members, Directors And Employees D. Who Is An Insured — Employees And Volunteer Workers — Bodily Injury To Co -Employees, Co - Volunteer Workers And Retired Partners, Members, Directors And Employees E Who Is An Insured — Newly Acquired Or Formed Limited Liability Companies F. Blanket Additional Insured — Controlling Interest G. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers PROVISIONS A NON -OWNED WATERCRAFT — 75 FEET LONG OR LESS 1. The following replaces Paragraph (2) of Exclusion g . Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (2) A watercraft you do not own that is (a) 75 feet long or less, and (b) Not being used to carry any person or property for a charge, 2 The following replaces Paragraph 2e of SECTION II — WHO IS AN INSURED e Any person or organization that, with your express or implied consent, either H J K L M N Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Premises Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations Incidental Medical Malpractice Medical Payments — Increased Limit Amendment Of Excess Insurance Condition — Professional Liability Blanket Waiver Of Subrogation — When Required By Written Contract Or Agreement Contractual Liability — Railroads uses or is responsible for the use of a watercraft that you do not own that is (1) 75 feet long or less, and (2) Not being used to carry any person or property for a charge, B WHO IS AN INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II - WHO IS AN INSURED Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period, and CG D3 79 02 19 © 2017 The Travelers Indemnity Company AU nghts reserved Includes copyrighted material of Insurance Services Office, Inc with its permission Page 1 of 6 Exhibit B COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under similar other insurance No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed a Before you maintained an ownership interest of more than 50% in such subsidiary, or b After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary For purposes of Paragraph 1 of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as a. A limited liability company, b. An organization other than a partnership, joint venture or limited liability company, or c A trust, as indicated in its name or the documents that govern its structure C WHO IS AN INSURED - RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2. of SECTION II - WHO IS AN INSURED Any person who is your retired partner, member, director or "employee" that is performing services for you under your direct supervision, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business However, no such retired partner, member, director or "employee" is an insured for (1) "Bodily injury" (a) To you, to your current partners or members (if you are a partnership or joint venture), to your current members (if you are a limited liability company) or to your current directors, (b) To the spouse, child, parent, brother or sister of that current partner, member or director as a consequence of Paragraph (1)(a) above, (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above, or (d) Arising out of his or her providing or failing to provide professional health care services Page 2 of 6 Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your retired partners, members, directors or "employees", other than a doctor Any such retired partners, members, directors or "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business (2) "Personal injury" (a) To you, to your current or retired partners or members (if you are a partnership or joint venture), to your current or retired members (if you are a limited liability company), to your other current or retired directors or "employees" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business, (b) To the spouse, child, parent, brother or sister of that current or retired partner, member, director, "employee" or "volunteer worker" as a consequence of Paragraph (2)(a) above, (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (2)(a) or (b) above, or (d) Arising out of his or her providing or failing to provide professional health cam services (3) "Property damage" to property (a) Owned, occupied or used by, or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by, you, any of your retired partners, members or directors, your current or retired "employees" or "volunteer workers", any current partner or member (if you are a partnership or joint venture), or any current member (if you are a limited liability company) or current director © 2017 The Travelers Indemnity Company All rights reserved Includes copyrighted material of Insurance Services Office, Inc with its permission CGD3790219 Exhibit B COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED - EMPLOYEES AND VOLUNTEER WORKERS - BODILY INJURY TO CO -EMPLOYEES, CO -VOLUNTEER WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2 a.(1) of SECTION II - WHO IS AN INSURED Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a current or retired co - "employee" while in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" or retired partners, members or directors while performing duties related to the conduct of your business E. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3 of SECTION II - WHO IS AN INSURED 3 Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization However Coverage under this provision is afforded only (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it, or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, b Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, and c Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization For the purposes of Paragraph 1 of Section II — Who Is An Insured, each such CGD3790219 organization will be deemed to be designated in the Declarations as a A limited liability company, b An organization other than a partnership, joint venture or limited liability company, or c A trust, as indicated in its name or the documents that govern its structure F BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1 The following is added to SECTION II - WHO IS AN INSURED Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of a Such financial control, or b Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization 2 The following is added to Paragraph 4 of SECTIO N II - WHO IS AN INSURED This paragraph does not apply to any premises owner, manager or lessor that has financial control of you G BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II — WHO IS AN INSURED Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, © 2017 The Travelers Indemnity Company All rights reserved Includes copyrighted material of Insurance Services Office, Inc with its permission Page 3 of 6 Exhibit B COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or agreement, and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less b The insurance provided to such person or organization does not apply to (1) Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect, or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES - PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II — WHO IS AN INSURED Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away Page 4 of 6 openings, sidewalk vaults, elevators, street banners or decorations BLANKET ADDITIONAL INSURED - GOVERNMENTAL ENTITIES - PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II - WHO IS AN INSURED Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations The insurance provided to such governmental entity does not apply to Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity, or b Any "bodily injury" or "property damage" included in the "products -completed operations hazard" J INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section b An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services 2 The following replaces the last paragraph of Paragraph 2 a (1) of SECTION II - WHO IS AN INSURED Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, © 2017 The Travelers Indemnity Company All rights reserved Includes copyrighted material of Insurance Services Office, Inc with its permission CG D3 79 02 19 Exhibit B COMMERCIAL GENERAL LIABILITY occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist, or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business 3 The following replaces the last sentence of Paragraph 5. of SECTION III - LIMITS OF INSURANCE For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence" 4 The following exclusion is added to Paragraph 2, Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured 5 The following is added to the DEFINITIONS Section "Incidental medical services" means a Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages, or b The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances 6 The following is added to Paragraph 4 b, Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, CG D3 79 02 19 that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2 a.(1) of Section II — Who Is An Insured K MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7 of SECTION III — LIMITS OF INSURANCE 7 Subject to Paragraph 5 above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of a $10,000, or b The amount shown in the Declarations of this Coverage Part for Medical Expense Limit L AMENDMENT OF EXCESS INSURANCE CONDITION - PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B M BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8 , Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of a "Bodily injury" or "property damage" that occurs, or b "Personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement © 2017 The Travelers Indemnity Company All rights reserved Includes copyrighted material of Insurance Services Office, Inc with its permission Page 5 of 6 Exhibit B COMMERCIAL GENERAL LIABILITY N CONTRACTUAL LIABILITY - RAILROADS 1 The following replaces Paragraph c of the definition of "insured contract" in the DEFINITIONS Section c Any easement or license agreement, 2 Paragraph f (1) of the definition of "insured contract" in the DEFINITIONS Section is deleted Page 6 of 6 © 2017 The Travelers Indemnity Company All rights reserved Includes copyrighted material of Insurance Services Office, Inc with its permission CG D3 79 02 19 Exhibit B 8100Y694903 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A 1 , Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier B BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A 1 , Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which CA T3 53 0215 H HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J PERSONAL PROPERTY K AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II C EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A 1 , Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness 2. The following replaces Paragraph b. in B.5 , Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS b For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your © 2015 The Travelers Indemnity Company All rights reserved Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc with its permission Exhibit B COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" D EMPLOYEES AS INSURED The following is added to Paragraph A.1 , Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs E SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1 The following replaces Paragraph A 2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover We do not have to furnish these bonds 2 The following replaces Paragraph A2 a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work F HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B 7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households Page 2 of 4 (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions (ii) Neither you nor any other involved "insured" will make any settlement without our consent (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit" (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C, Limits Of Insurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C, Limits Of Insurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada © 2015 The Travelers Indemnity Company All rights reserved CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc with its permission Exhibit B COMMERCIAL AUTO You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, PUerto Rico and Can- ada We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance G WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced H HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A 4 b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident" I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A4 a, Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type J PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is (1) Owned by an "insured", and CA T3 53 02 15 (2) In or on your covered "auto" This coverage applies only in the event of a total theft of your covered "auto" No deductibles apply to this Personal Property coverage K. AIRBAGS The following is added to Paragraph B.3 , Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE Exclusion 3 a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A 1 b and A 1.c, but only a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy, b. The airbags are not covered under any war- ranty, and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss" L NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to (a) You Of you are an individual), (b) A partner Of you are a partnership), (c) A member (if you are a limited liability com- pany), (d) An executive officer, director or insurance manager Of you are a corporation or other or- ganization), or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss" M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A 5, Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by @ 2015 The Travelers Indemnity Company All rights reserved Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc with its permission Exhibit B COMMERCIAL AUTO such contract The waiver applies only to the person or organization designated in such contract N UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2 , Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS Page 4 of 4 The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal © 2015 The Travelers Indemnity Compa ny All rights reserved CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc with its permission Exhibit B T AVELE ONE TOWER SQUARE HARTFORD CT 06183 U B0Y696017 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) - 001 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us ) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule SCHEDULE DESIGNATED PERSON. DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. El1BOF1 8100Y694903 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. LANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRI,- UTORY WITH OTHER 0NSUICE This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM PROVISIONS 1 The following is added to Paragraph A 1 c , Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured" 2 The following is added to Paragraph B 5, Other Insurance of SECTION IV - BUSINESS AUTO CONDITIONS Regardless of the provisions of paragraph a and paragraph d of this part 5 Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory CA T4 74 02 16 O 2016 The Travelers Indemnity Company All rights reserved Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 Exhibit B Contract Form Entity Information Entity Name * GROUND ENGINEERING CONSULTANTS, INC Entity ID* @00023237 Contract Name * 2025 GEOTECHNICAL SERVICES (ON -CALL GEOTECHNICAL MATERIALS TESTING AND OTHER ENGINEERING SERVICES) Contract Status CTB REVIEW Contract ID 9250 Contract Lead * RAXTMAN New Entity? Contract Lead Email raxtman@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * ON -CALL GEOTECHNICAL MATERIALS TESTING AND ENGINEERING SERVICES. CONTRACT USED TO TEST PURCHASED MATERIAL, DEPARTMENT CONSTRUCTION NEEDS, OR MATERIALS USED ON CONTRACTED PROJECTS, FOR ADHERENCE TO DEPARTMENT SPECIFICATIONS AND OWNER'S ACCEPTANCE. Contract Description 2 NEW BID CONTRACT, CONSULTANT SELECTED THROUGH THE QUALIFIED BEST SELECTION (QBS) PROCUREMENT PROCESS. Contract Type * CONTRACT Amount * $400,000.00 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@ WEL D.GOV Requested BOCC Agenda Date * 04/07/2025 Due Date 04/03/2025 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date 04/07/2025 Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head .CURTIS HALL DH Approved Date 04/02;'2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/07/2025 Review Date * 04'02/2025 Committed Delivery Date Contact Type Contact Email Renewal Date * 04,08 2026 Expiration Date Contact Phone 1 Purchasing Approved Date Finance Approver CHERYL PATTELLI Finance Approved Date 04/02/2025 Tyler Ref # AG 040725 Originator RAXTMAN Legal Counsel BYRON HOWELL Contact Phone 2 Legal Counsel Approved Date 04/02/2025 1T .4I yesPliattaara- MEMORANDUM Date: March 3, 2025 To: Toby Taylor, Purchasing Procurement Manager From: Ryan Axtman, Construction Inspection Supervisor Subject: Award Memo for Bid #2500041 - 2025 Geotechnical Services (On -Call Geotechnical Materials Testing and Other Engineering Services) The Weld County Department of Public Works' Engineering Division has successfully completed the Qualified Best Selection (QBS) process for awarding the On -Call Geotechnical Materials Testing and Other Engineering Services contract. After a thorough evaluation of all proposals, the department has selected Ground Engineering as the top -ranked firm. Ground Engineering achieved the highest overall score in the selection process, demonstrating exceptional qualifications, expertise, and value. Additionally, the firm secured its position with a significant margin over the second highest -scoring competitor, making them the most suitable choice for this contract. The Department's annual budget for Geotechnical Testing Services is $400,000.00 and shall not be exceeded. To ensure the best value while meeting testing and engineering requirements, pricing for contract -year items will be negotiated. Figure 1- Summary of 013,5' REP Results Weld County Public Works Department PROJECT: On -Call Geotechnical Testing and Engineering Services RFP Due Date: 2/14/2025 Scoring Due Date: 2/26/2025 Contractor Rank RFP Summary Total Score Ranking Percent Difference Between Top Ranked Firms Ground Engineering Consultants 327 1 Terracon n 288.5 2 GeoCal 284.5 3 Kumar 260.5 4 13% 2015 ei(e$1.(0 c&ico%3 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, Co 80631 reverettweld.gov cgeisert@weld.gov ttaylor≥weld.gov Phone: 970-400-4222, 4223 or 4454 DATE OF BID: FEBRUARY 14, 2025 REQUEST FOR: GEOTECHNICAL SERVICES (ON -CALL GEOTECHNICAL MATERIALS TESTING AND OTHER ENGINEERING SERVICES) DEPARTMENT: PUBLIC WORKS BID NO: B2500041 PRESENT DATE: FEBRUARY 24, 2025 APPROVAL DATE: TBD (MARCH 17, 2025) VENDORS TERRACON CONSULTANTS 1510 441" STREET, UNIT 1 EVANS CO 80620 GROUND ENGINEERING CONSULTANTS 2468 EAST 9TH STREET LOVELAND CO 80537 GEOCAL 7290 S FRASER ST CENTENNIAL CO 80112 KUMAR & ASSOCIATES INC 800 STOCKTON N AVENUE #4 FORT COLLINS CO 80524 THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE BIDS. WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett(a�weld.gov cgeisertaweld.gov ttaylorcE weld.gov Phone: 970-400-4222, 4223 or 4454 DATE OF BID: FEBRUARY 14, 2025 REQUEST FOR: GEOTECHNICAL SERVICES (ON -CALL GEOTECHNICAL MATERIALS TESTING AND OTHER ENGINEERING SERVICES) DEPARTMENT: PUBLIC WORKS BID NO: B2500041 PRESENT DATE: FEBRUARY 24, 2025 APPROVAL DATE: TBD VENDORS TERRACON CONSULTANTS 1510 44TH STREET, UNIT 1 EVANS CO 80620 GROUND ENGINEERING CONSULTANTS 2468 EAST 9TH STREET LOVELAND CO 80537 GEOCAL 7290 S FRASER ST CENTENNIAL CO 80112 KUMAR & ASSOCIATES INC 800 STOCKTON AVENUE #4 FORT COLLINS CO 80524 THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE BIDS. 2025-0518 Z/14, EC,U0�3 Hello