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Home My WebLink About20251077.tiffCon*vaceRbaq 3cl 3 FACILITIES DEPARTMENT PHONE: (970) 400-2020 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 20, 2025 To: Board of County Commissioners From: Patrick O'Neill Subject: Public Works Drainage Design and Engineering Services The north facing side of Public Works main building and building number 6 requires site drainage design and engineering services. Through the informal bid process, EV Studio is the low bidder and can meet the timeline. Therefore, Facilities is recommending EV Studio be awarded the contract in the amount of $4,500. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Director Pro61)\-- q/W-25 CC:P(30006e (Bei) puyulaso qiivz5 2025-1077 K71007,1 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND EV STUDIO f THIS AGREEMENT is made and entered into this LtStday o � y1 , 2025, by and between the Board of Weld County Commissioners, on behalf of Facilities Department, hereinafter referred to as "County," and EV Studio, 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 Contractor's Response to County's Request for informal bid. 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 1 one year This Agreement may be extended upon mutual wntten agreement of the Parties 4 Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days wntten notice to Contractor Either Party may immediately terminate this Agreement upon matenal 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 matenals, 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 ennched by any additional services, whether or not there is in fact any such unjust ennchment, 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 nghts 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 pnor to performance of any work covered in the 2 anticipated Change Order, unless approved and documented otherwise by the County Representative Any change in work made without such pnor 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 $ 4,500 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 nght 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 3 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 matenals obtained and/or produced in connection with the performance of this Agreement, whether or not such matenals 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 pnor 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 propnetary nature of this confidential information and of the restnctions 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, 4 Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review If the County expenences 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 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 dunng 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 nght 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 covenng 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 penod For all coverages, Contractor's insurer shall waive subrogation nghts 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 wntten 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 Types of Insurance Workers' Compensation and Employer's Liability Insurance as required by state statute, covenng 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 5 such Contractor or subcontractor executes the appropnate 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 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 covenng 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 6 coverage will be maintained, or an extended discovery penod will be exercised for a penod 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 entenng 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 authonzed 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 pnor to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer penod 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 descnption shall be noted on the Certificate of Insurance The County reserves the nght to require complete, certified copies of all insurance policies required by this Agreement at any time, and such shall also be deemed confidential 7 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 pnmary basis, non-contnbutory 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 carner shall provide a minimum of 30 days advance written notice to the County for cancellation, non - renewal, suspension, voided, or matenal 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 dunng the term of this Agreement may be considered a matenal breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the nght 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-descnbed 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 8 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 anse out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own nsks and if it deems appropnate 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 nght 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 ansing out of or recovered under the Workers' Compensation Law or ansing 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 ansing 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 pnmary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration of award of this contract, the Contractor agrees to 9 waive all nghts 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 injunes 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 nght 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 authonzed representative of County, including the County Auditor, shall have access to and the nght 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, stnkes, war, flood, earthquakes, or Governmental actions 24 Notices. County may designate, pnor 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 couner 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 10 Either party may change its notice address(es) by written notice to the other Notice may be sent to TO CONTRACTOR Name EV Studio Position Civil Engineenng Studio Manager Address 5335 W 48th Ave, Ste 300, Address Denver, CO 80212 E-mail Craig sweney@evstudio com Phone 720 704 8170 TO COUNTY Name Patnck O'Neill Position Facilities Director Address 1105 H Street, Address Greeley, CO 80631 E-mail Poneill@weld gov Phone 970-400-2023 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 pnor 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 appropnated, budgeted and otherwise made available Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropnated 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, 11 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 Junsdiction, 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, nghts, 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 nghts of action relating to such enforcement, shall be stnctly 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 Distnct Court shall have exclusive junsdiction 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 unauthonzed 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 12 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. . 111/491A* o:.� Name: Crn 8.1‘ Sweaty Title: Ciwi I E,%;netrth S4O410 Man otif 9 1g/to/LS Date of Signature WELD COUNTY: ATTEST: 7f JEL;eA BOARD OF COUNTY COMMISSIONERS Weld ounty ierk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board .F� r . �- uck, Chair APR 2 1 2Q25 2 0Z5r 1 0l^1 Exhibit A Eltstudio Re: Civil Engineering Scope for Construction Documents in Weld County, Colorado PROJECT DESCRIPTION: Weld County is looking to remedy ice formation and drainage issues resulting from roof drain downspouts outletting directly onto the pavement on the north side of the two county -owned buildings. The areas with ice formation issues are approximately circled in red in the image below. We will remedy these issues with the use of an underground storm sewer capturing flows from the roof drains. In another area, a concrete valley pan will be added to remedy pavement cracking and drainage issues, this area is circled in blue. All proposed improvements will comply with the County's existing MS4 permit requirements. ARTICLE 1 -PROJECT DESCRIPTION The Scope of Work shall generally be to create construction documents and the required accompanying drainage calculations/findings. F 4101i lrJ/ wrap, t t (f(� f f. r rkl ��‘ c S tre `` i ,r v�css,, Z V. ce S. Qt t\ % ‘!a c* $14 ....e ea • L �.• ..111,1^ i 5335 W. 48th Ave. #300, Denver, CO 80212 / 303-670-7242 / www.evstudio.com EVs tu d io Page 2 of 2 ARTICLE 2 - THE SCOPE OF SERVICES AND PHASING 1. SCOPE A) Construction Plans/Documents 1. Overall Site Plan 2. Removals Plan 3. Roof Drain & Storm Sewer Plan & Profiles 4. Concrete Valley Pan Grading Plan 5. Erosion & Sediment Control Plans & Details B) Drainage Memo 1. Drainage calculations for sizing underground pipes 2. Compliance with County's existing MS4 permit C) Stormwater Management Plan (report) 1. We don't anticipate needing this since we expect to under an acre of disturbance. Regardless, erosion control BMP locations (sediment logs, silt fence, etc.) will be provided in the construction plans/documents. 2. SCOPE EXCLUSIONS 1. Pavement Design (we will refer to pavement sections provided in "PUBLIC WORKS CONCRETE PAN AND TRENCH DRAIN" set), full phase 2 or 3 drainage report, sanitary or water (potable) improvements 3. COST 1. The total cost to provide the documents outlined in the scope is $4,500. 5335 W. 48th Ave. #300, Denver, CO 80212 / 303-670-7242 / www.evstudio.com ACOR0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/1/2025 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 is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Inszone Insurance Services, LLC 2721 Citrus Road, Suite A Rancho Cordova, CA 95742 INSURED EV Studio, LLC 5335 W. 48th Avenue Denver, CO 80212 EVSTUDI-01 COVERAGES CERTIFICATE NUMBER: 1547058820 CONTACT NAME: PHONE 800-746-0048 (A/C, No, Ext): E-MAIL ADDRESS: aeservice@inszoneins.com _ WC, No): 916-400-2625 INSURERS, AFFORDING COVERAGE INSURER A : SiriusPoint Specialty Insurance Corp INSURER B : Underwriters at Lloyd's of London INSURER C : Hartford Insurance Group INSURER D : INSURER E : INSURER F : NAIC # 16820 15642 29424 REVISION NUMBER: THIS IS TO CERTIFY THAT INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE IANSD S�BDR POLICY NUMBER (_MM DD/YYPOLICY FYY) (MM D//YYYY) LIMITS C X COMMERCIAL GENERAL CLAIMS -MADE LIABILITY Y Y 57SBAAC8167 4/1/2025 4/1/2026 EACH OCCURRENCE $1,000,000 X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) _ $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMP/OP AGG $ 2,000,000 $ _ C AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y 57UECBF1872 4/1/2025 4/1/2026 COMBINED SINGLE LIMIT (Ea accidents $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y ' 57SBAAC8167 4/1/2025 4/1/2026 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 9n Mil $ C WORKERS COMPENSATION AND EMPLOYERS' ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory If yes, describe DESCRIPTION LIABILITY EXCLUDED? NH) under OF OPERATIONS below Y/N N /A Y 57WECAR9JVN 4/1/2025 I 4/1/2026 X IPER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 in E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 !\ B Professional Liability Cyber Liability Y PROVAE-0000088-00 ESM0239994066 6/19/2024 6/19/2024 6/19/2025 6/19/2025 Aggregate/Each Claim Aggregate/Each Claim $3,000.000 $1,000.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more RE: B2400130 HVAC Design Certificate Holder is included as an Additional insured on the General Non -Contributory, and a Waver of Subrogation applies per written contract. space is required) Liability as per written contract. Coverage is Primary and CERTIFICATE HOLDER Weld County Facilities Department 1105 H Street P.O. Box 758 Greeley, CO 80632 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* EV STUDIO Contract Name* Entity ID* @00049196 New Entity? Contract ID Parent Contract ID PUBLIC WORKS DRAINAGE DESIGN AND ENGINEERING 9348 SERVICES Contract Status CTB REVIEW Contract Lead* CNAIBAUER Contract Lead Email cnaibauergweld.gov Requires Board Approval YES Department Project # Contract Description* PROVIDE DESIGN AND ENGINEERING SERVICES FOR THE DRAINAGE REVISIONS TO THE PUBLIC WORKS BUILDINGS. Contract Description 2 Contract Type* CONTRACT Amount* $4,500.00 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGroundsgweld.go v Department Head Email CM-BuildingGrounds- DeptHeadgweld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Date* 04 16,' 2025 Due Date 04:`12 2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Review Date* 07/30/2025 Committed Delivery Date Contact Type Contact Email Renewal Date Expiration Date* 07/30/2025 Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head PATRICK O'N EI LL DH Approved Date 04;'09/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/21 2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 04 10/2025 04/10 /2025 Tyler Ref # AG 042125 Originator CNAIBAUER Hello