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Home My WebLink About20250885.tiffConk -vac -4- Di,k 943S" PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND BERRY, DUNN, MCNEIL & PARKER, LLC (BERRYDUNN) THIS AGREEMENT is made and entered into this 12 41day of 1 ik , 2025, by and between the Board of Weld County Commissioners, on behalf of the Department of Planning Services, hereinafter referred to as "County," and Berry, Dunn, McNeil & Parker, LLC (BerryDunn), 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. B2500031. 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 CC: 011100,Se CIA-) 20"- 0T5 PL0013 Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties, and this Agreement shall be modified 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 2 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 $49,140 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 dunng 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 penod after December 31 of any year, without an appropnation 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 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 pnor written consent, which may be withheld in County's sole 3 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 matenal 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 wntten 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 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 during project construction which are directly associated with errors and omissions (professional neghgence) 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 4 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 nghts 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 dunng the term of the Agreement, or any extension thereof, and dunng 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 authonzed 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 such Contractor or subcontractor executes the appropnate sole propnetor 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 5 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 wntten 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 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 6 All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be wntten 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 authorized by that insurer to bind coverage on its behalf The Contractor shall name on the Certificate of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, "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 For Workers Compensation coverage and for Professional Liability coverage the County shall be named as a Certificate Holder 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 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 matenal 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 wntten on a pnmary basis, non-contnbutory with any other insurance coverages and/or self-insurance carned 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 7 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 wntten 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 carner 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 pnor 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 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 8 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 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 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 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 Rion -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the pnor written approval of County Any attempts by Contractor to assign or transfer its rights hereunder without such pnor approval by County shall, at the option of County, automatically terminate this 9 Agreement and all nghts 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 authonty, all necessary and proper decisions with reference to the project All requests for contract interpretations, change orders, and other clanfication 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 Either party may change its notice address(es) by wntten notice to the other Notice may be sent to TO CONTRACTOR Name Kevin Pnce Position Principal Company BerryDunn Address 2211 Congress Street Address Portland, ME 04102 E-mail kpnce@berrydunn com Phone 207-541-2379 TO COUNTY Name JIM FLESHER Position LONG-RANGE PLANNER Address PO BOX 758 10 Address GREELEY, CO 80632 E-mail JFLESHER@WELD GOV Phone 970-400-3552 25 Compliance with Law. Contractor shall stnctly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discnmination 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, 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 11 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 nght 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 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 unauthonzed alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notanzed 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 12 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: BERRY, DUNN, MCNEIL & PARKER, LLC (BERRYDUNN): By: i�Zu�� 24,a,__ May 2, 2025 Name: Kevin Price Date of Signature Title: Principal WELD COUNTY: ATTEST: W„er-itto W. j`e1 BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the card 1861 13 ck, Chair MAY 1 2 2025 2Z5`0TSS Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 EXHIBIT A Professional Services - Request for Proposal (RFP) Cover Sheet Solicitation Number: B2500031 Title: Land Use Application and Building Permit Fee Study Issue Date: February 18, 2025 Pre -Proposal Meeting: February 24, 2025, at 11:00 AM Pre -Proposal Location: Virtual Q uestions Due: March 3, 2025, at 10:00 AM Questions Posted: March 7, 2025, by 2:00 PM Q uestions email: bids@weld.gov Proposal Due Date: March 17, 2025, by 3:00 PM, Purchasing's Clock Proposal Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids(�r�weld.gov Documents Included in this Solicitation Package RFP Schedules S chedule A: Proposal Instructions S chedule B: Scope of Work S chedule C: Project Schedule S chedule D: RFP Response - Criteria Schedule E: Proposal Form Schedule F: Insurance S chedule G: Weld County Contract Form Revision 12-2024 EXHIBIT A Table of Contents Professional Services — Request for Proposal (RFP) Cover Sheet 1 Documents Included in this Solicitation Package 1 RFP Schedules 1 Table of Contents 2 Schedule A - Proposal Instructions 4 Purpose/Background 4 Proposal Advertisement 4 Proposal Submission 4 Introductory Information 5 Cooperative Purchasing 6 Schedule B - Scope of Work 7 Project Overview 7 Method of Procurement 7 Pricing Method 7 Specific Requirements and Responsibilities 7 Scope of Work 7 Specific Tasks 8 Deliverables 9 Schedule and Budget 9 Schedule C - Procurement Schedule 10 Schedule D — RFP Response Criteria 11 RFP Response Submittal 11 Response Format 11 Grading Criteria 12 Schedule E - Proposal Response Form 14 Proposal Submittal Instructions 14 Fees 14 Attestation 15 Schedule F — Insurance 16 Insurance 16 Insurance Mailing Information 19 Schedule G - Weld County Contract 20 Contractual Obligations 20 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: Land Use Application and Building Permit Fee Study An optional pre -Proposal conference will be held on February 24, 2025 at 11:00 AM and proposers may attend virtually by navigating to items below: Microsoft Teams By Phone Join the meeting now +1-720-439-5261„403210628# United States, Denver Meeting I D : 272 703 104 696 Passcode: My6sf6pF Phone ID: 403 210 628# conference P roposals will be received until: March 17, 2025, by 3:00 PM (Weld County Purchasing Time Clock). The submitted Proposals will be read over Microsoft Teams Conference Call on March 17, 2025, by 3:30 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. Microsoft Teams By Phone Join the meeting now +1-720-439-5261„103112230# United States, Denver Meeting ID: 278 923 251 666 Phone ID: 103 112 230# Passcode: Kd6SU3oX conference 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 bidsgweld.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 Solicitation # B2500031 Page 4 EXHIBIT A 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 authorized person. 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 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 Proposal 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 Proposal 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. Proposers 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 Solicitation # B2500031 Page 5 EXHIBIT A 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 # B2500031 Page 6 EXHIBIT A Schedule B - Scope of Work Project Overview Weld County is seeking proposals from qualified consultants to conduct a comprehensive fee study for Chapter 5 of the Weld County Code, focusing on development -related fees administered by the Department of Planning Services (DPS), excluding impact fees, for Weld County's Land Use Applications and Building Permits. Method of Procurement Best Value: Best Value refers to a project procurement method where price and other key factors, such as quality and expertise, are considered in the evaluation and selection process. Pricing Method Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs. Specific Requirements and Responsibilities The objective is to determine whether the current fees adequately cover the costs of services and to explore opportunities for updates that balance cost recovery and the County's commitment to being business friendly. Many of the current development fees, including the use by special review (USR) fee of $2,500, have not been reviewed or updated for over 20 years. As a result, the Board of County Commissioners has deferred updating the DPS fees until a thorough fee study can provide data -driven recommendations. The study will assess whether Weld County is subsidizing development costs, the level of subsidy, if applicable, and whether fee adjustments are necessary. The study should also include a comparative analysis of fees in surrounding counties to provide context for any recommended changes. Scope of Work 1. The contractor will, in consultation with Planning Department staff, propose revised fee schedules, attempting to meet the following, possibly conflicting, objectives. a. The proposed fees should, on average, account for the staff time and expenses the County incurs in processing and reviewing land use applications and building permits, including, but not limited to, mailings to surrounding property owners and publication of notices in the Greeley Tribune. b. The proposed fees should also be comparable to similarly sized jurisdictions, so the contractor will need to compile current fees for several jurisdiction and include a Solicitation # B2500031 Page 7 EXHIBIT A comparative analysis of those fees, which will include aligning various land use processes of the comparable jurisdictions with those of Weld County. c. The proposed fees should not be overly burdensome for the application type. For example, applicants for zoning permits are often hobby farmers and inexperienced entrepreneurs attempted to start a small business. (Information on Weld County's Small Business Incentive Program can be found at the following link: https://www.weld .gov/Government/Departments/Planning-and-Zoning/Small-Business- Incentive-Program.) d. The current fees may be found in Appendix 5-J (Planning Fee Schedule) and Appendix 5-K (Building Permit and Inspection Fee Schedule) of the Weld County Code by using the following link: https://library.municode.com/co/weld county/codes/charter and county code?nodeld= CH5REF1 APX5-JPLFESC. 2. The contractor will provide a well written report to accompany the proposed fee schedules, which shall explain the purpose of the fees and the fee study, its methodology, and the differences in the comparable jurisdictions' fees. 3. Once Planning staff and the contractor have finalized the recommendation, they will present the proposed changes, in person, to the Board of County Commissioners at a work session of the Board and possibly, at the discretion of the Board, at a separate stakeholder public meeting, likely held in the evening. 4. Staff will prepare and present any resulting ordinance to adopt the fees. 5. Submitted Proposals must demonstrate the ability to perform the tasks required. Specific Tasks The selected consultant will be responsible for the following tasks: 1 Project Kickoff and Stakeholder Engagement Conduct an initial meeting with Weld County staff to understand project objectives, scope, and expectations. Identify key stakeholders and conduct interviews as needed to gather input regarding current fee structures and operational costs. 2. Data Collection and Review o Review relevant sections of Chapter 5 of the Weld County Code. o Collect data on all development -related fees, including but not limited to land use application fees, permit fees, and inspection fees. o Gather historical revenue and cost data from DPS. 3. Cost of Service Analysis Evaluate the full cost of providing development -related services, including direct and indirect costs. Solicitation # B2500031 Page 8 EXHIBIT A O Determine the extent to which current fees recover costs and identify any shortfalls or subsidies. 4. Comparative Fee Analysis Conduct a comparative analysis of development -related fees in neighboring counties and jurisdictions. o Identify benchmarks and industry best practices for setting fees. 5. Fee Structure Recommendations Provide recommendations for updating the current fee schedule, with options ranging from full cost recovery to various levels of subsidy. O Ensure recommendations consider the County's goal of remaining business -friendly while promoting fair cost -sharing. 6. Impact Analysis Assess the potential impacts of proposed fee changes on developers and the County's financial position. Include projections for future revenue and cost impacts under different fee scenarios. 7. Draft and Final Report O Prepare a draft report summarizing findings, analyses, and recommendations for County review O Incorporate feedback and submit a final report with an executive summary, detailed findings, and actionable recommendations. 8. Presentation to County Officials o Present key findings and recommendations to the Board of County Commissioners and other relevant stakeholders. Deliverables 1. Project kickoff meeting and stakeholder engagement summary. 2. Data collection and analysis documentation. 3. Comparative fee analysis report. 4. Draft report with preliminary recommendations. 5. Final report incorporating County feedback. 6. Presentation materials for County officials. Schedule and Budget 1. The anticipated completion date is September 30, 2025. 2. Project budget is $60,000 (maximum). Solicitation # B2500031 Page 9 EXHIBIT A Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date February 18, 2025 Pre -Proposal Meeting February 24, 2025 at 11:00 AM - virtual Technical Questions Due March 3, 2025, at 10:00 AM Technical Questions email bids@weld.gov Questions Answered via Addendum March 7, 2025, by 2:00 PM Proposals Are Due March 17, 2025, by 3:00 PM Purchasing's Clock Scoring March 18-21, 2025 Interviews April 1-4, 2025 Solicitation Notice of Award (Anticipated) April 9, 2025 Contract Execution (Anticipated) April 23, 2025 Solicitation # B2500031 Page 10 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 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 completed within the last 5 years. 4. Emphasize projects that have included aspects related to this RFP. 5. The RFP Response shall include a description of critical issues that the proposer considers to be of importance for the project and how those issues will be solved. 6. The RFP Response shall include a description of how the project costs will be controlled for both the prime contractor and their sub -contractors. 7. Describe how the proposer will handle the quality control for the entire project. 8. Include a description of the proposer's location and explain how it will not affect the project coordination with the County. 9. Explain how the proposer is familiar with Weld County's project specifications and policies. 10. Include a list of the number of employees and the annual operating budget. 11. Explain the proposer's knowledge about Weld County in general. 12. Include a preliminary schedule showing major milestones associated with this project, and how the proposer would complete the project within the contract time. 13. Include References from at least three other projects 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. 14. Proposers shall provide and attach a line -item breakdown of cost per hour for each trade or specialty and number of hours anticipated for each. The total shall add up to the total lump sum cost that is provided. 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, in which case they will be included in the page count. Solicitation # B2500031 Page 11 EXHIBIT A d. The Proposal document forms included in this request that are mandatory to submit with your Proposal will not be included in the page count for your proposal. 2. RFP Responses shall be mainly made up of 8'/2" x 11". a. 11" x 17" may only be used for presenting large schedules. b. Text sizes shall be 10 point or larger. 3. Failure to follow these instructions may result in the RFP Response being rejected. Grading Criteria The RFP 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 RFP Response, the individual reviewer scores will be totaled. Each reviewer's scores will be ranked by score from highest to lowest. The RFP 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 RFP 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, Proposers will be evaluated on the criteria shown below in Table 2. After all scorer rankings have been determined from the RFP Response and the interview (if required), each ranking will be totaled for each RFP 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. Table 1 - RFP Response Scoring Criteria Scoring Weighting Scoring % Evaluation Criteria Evaluation Standard Factors Range The clearly shows an 1 to 5 4.0 4% - 20% proposal the Scope of understanding The of project objectives. the Proposal desired proposed methodology the County. meets goals of 1 to 5 4.0 4% - 20 % The demonstrates that the team Issues proposal the issues Critical clearly associated The understands with the project. major solutions to the critical proposal issues. offers realistic Solicitation # B2500031 Page 12 EXHIBIT A Project Control The team has descnbed how it will control its costs The proposal describes how sub- contractors' costs will be controlled The team has demonstrated a QA/QC process in place to manage the quality of the product 1 to 5 30 3% - 15% Work The team's location does not affect the coordination of the project with the County Location/ Familiarity The team is familiar with Weld County1 policies and construction cntena to 5 1 0 1% - 5% The team demonstrated knowledge of Weld County in general Cost and The costs were presented in a way that is reasonable and consistent with the project Schedule goals 1 to 5 80 8% - 40% The schedule contains sufficient detail to ensure the project goals are met Table 2 Interview Sconnq Cntena Evaluation Cntena �Evaluation Standards Work Approach Team proposed and clearly descnbed their approach for completing the project The team offered innovative ideas for the project Project Manager Qualifications The team's project manager has adequate qualifications and a proven track record to complete projects of this scope and complexity The team's project manager demonstrates effective communication skills Quality of Presentation The team's presentation was clear and easy to understand The people being interviewed displayed effective communication skills The team's use of audio-visual aids was effective Question/Answer Session The team provided good answers to the questions asked by the selection committee The answers provided by the team demonstrated a clear understanding of the project and the project goals All Evaluation Cntena Must Be Met BID REQUEST # B2500031 Page 13 EXHIBIT A Schedule E - Proposal Response Form Proposal Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of March 17, 2025, by 3:00 PM: 1) Vendor's Proposal - Outlined in Schedule D 2) Schedule E - Proposal Response Form 3) Any potential or future Addenda must be completed/acknowledged. 4) All other items as requested in the Bid Specifications and/or Scope of Work. 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 Proposers shall prov de and attach a line -item breakdown of cost per hour for each trade or specialty and number of hours anticipated for each. The total shall add up to the total lump sum cost that will be entered in the spaces for this project below: Item Price Fee Total full breakdown) study (Attach cost Other (Define) Total Lump Sum Cost $ BID REQUEST # B2500031 Page 14 EXHIBIT A Attestation 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. #B2500031. 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 that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule F — Insurance 6. Acknowledgment of Schedule G — Weld County Contract 7. 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. 8. 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. Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature BID REQUEST # B2500031 Page 15 EXHIBIT A Schedule F — Insurance Insurance 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) Coverage B (Employers Liability) Statutory 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, parert, 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 Products/Completed Operations Aggregate Each Occurrence Limit Personal/Advertising Injury Automobile Liability Insurance $ $ $ 1,000,000 1,000,000 1,000,000 1,000,000 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) BID REQUEST # B2500031 Page 16 EXHIBIT A 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 coivenng 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 wntten 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 penod will be exercised for a period of two (2j 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 wntten 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 prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a onger 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 matenal 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 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 vanation 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 BID REQUEST # B2500031 Page 17 EXHIBIT 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 iabilities 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 BID REQUEST # B2500031 Page 18 EXHIBIT A under this Agreement. 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: Jim Flesher Email: jflesher@weld.gov Telephone: 970-400-3552 Mail: Weld County Planning Services ATTN: Jim Flesher PO Box 758 Greeley, CO 80632 BID REQUEST # B2500031 Page 19 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 aproject-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 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. BID REQUEST # B2500031 Page 20 EXHIBIT A 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. 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 BID REQUEST # B2500031 Page 21 EXHIBIT A act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties, and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6 Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7 Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees 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 BID REQUEST # B2500031 Page 22 EXHIBIT A 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 pnor wntten consent, which may be withheld in County's sole discretion County shall have the nght 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 nght (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 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, distnbute, 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 BID REQUEST # B2500031 Page 23 EXHIBIT A 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 material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach -Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally 13 Insurance. Contractor must secure, before the commencement of the Work, the following insurance covenng all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times dunng the term of the Agreement, or any extension thereof, and dunng 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 written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authonzed 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, 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 BID REQUEST# B2500031 Page 24 EXHIBIT A 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 wntten 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 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 wntten on a per occurrence basis BID REQUEST # B2500031 Page 25 EXHIBIT A 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 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 matenal 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 nght 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 wntten 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 wntten 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 carner refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in BID REQUEST # B2500031 Page 26 EXHIBIT A 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 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 -described insurance pnor 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 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 ,actual 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 arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, BID REQUEST # B2500031 Page 27 EXHIBIT A 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: Position: BID REQUEST # B2500031 Page 28 EXHIBIT A 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 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 BID REQUEST # B2500031 Page 29 EXHIBIT A 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 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 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 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 unauthonzed alien to perform work under this Agreement Upon request, contractor shall deliver to the County a wntten notanzed 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 venfication 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 BID REQUEST # B2500031 Page 30 EXHIBIT A parties and supersedes all proposals or pnor agreements, oral or wntten, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR By Name Date of Signature Title WELD COUNTY ATTEST BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY Deputy Clerk to the Board Perry Buck, Chair BID REQUEST* B2500031 Page 31 EXHIBIT B b BerryDunn PROPOSAL TO: Weld County, Colorado REQUEST FOR PROPOSALS NO. B2500031 FOR A: Land Use Application and Building Permit Fee Study SUBMITTED BY: Berry, Dunn, McNeil & Parker, LLC 2211 Congress Street, Portland, ME 04102 berrydunn.com PROP Kevin Price, Project Principal Berry, Dunn. McNeil & Parker, LLC kprice@berrydunn.com Jesse Myott, Project Manager Berry. Dunn. McNeil & Parker, LLC jmyott@berrydunn.com Proposal Submitted On: April 2. 2025 (revised) 15) BerryDunn April 2, 2025 Weld County, Colorado Purchasing Division 1301 North 17th Avenue Greeley, CO 80631 Dear Members of the Selection Committee: EXHIBIT B On behalf of Berry, Dunn, McNeil & Parker, LLC (BerryDunn), I am pleased to submit this proposal in response to Weld County's (the County's) request for proposals (RFP) No. B2500031 for a Land Use Application and Building Permit Fee Study (Fee Study). BerryDunn is a nationally recognized independent management and IT consulting firm, headquartered in Portland, Maine, with 10 office locations. We are focused on inspiring organizations to transform and innovate and have preserved our reputation for excellence throughout our 51 -year history. Our firm's culture is centered on a deep understanding of our clients' commitment to serving the public. We proudly tailor each of our projects to recognize the work our clients do every day. We care about what we do, and we care about the people impacted by our work —including County staff and constituents. We have a dedicated Local Government Practice Group that works with public -sector organizations like the County to calculate and assess the costs of providing services to their constituents and commercial partners. In particular, our Community Development and Utility Operations (CDUO) Practice specializes in assessing the costs to provide services such as engineering, public works, planning, building, permitting, inspections, code enforcement, licensing, asset management, and work orders. As the County's Department of Planning Services (the DPS) seeks to determine full costs of service, BerryDunn will help establish a solid foundation for understanding the County's costs to help ensure associated fees for services reflect the appropriate level in relation to the full cost to provide the service. We have had the privilege of providing fee study and cost recovery services to public -sector organizations throughout the country. As a result of the breadth and depth of our experience, we bring unique insights related to reviewing user fees for services like those in -scope for the County and can effectively drive project success on the County's requested effort. We appreciate the opportunity to propose and the time and consideration taken by the County to review our submission. As a principal in BerryDunn's Local Government Practice Group and leader of the CDUO Practice, can attest to the accuracy of our materials, and I am legally authorized to bind, negotiate, make presentations on behalf of, and commit our firm and our resources. Our proposal is a firm and binding offer valid for 120 days following the submission deadline of April 2, 2025. If you have any questions regarding our proposal or updates on the evaluation process, please consider me your primary point of contact and feel free to contact me directly. Sincerely, �?c-�rt- Kevin Price, MPP, PMP®, Prosci° CCP Local Governmen_ Practice Group 207.541.23791 kprice@berrydunn.com BerryDunn is the brand name under which Berry, Dunn, McNeil & Parker, LLC and BDMP Assurance, LLP, independently owned entities, provide services. Berry, Dunn, McNeil & Parker, LLC provides tax, advisory, and consulting services. BDMP .Assurance, LLP, a licensed CPA firm, provides attest services. EXHIBIT B TABLE OF CONTENTS SECTION PAGE Firm Overview 2 Scope of Proposal 3 Critical Issues 10 Project Control 11 Work Location and Familiarity 12 References 13 Cost and Schedule 13 Appendix A. Resumes 15 Appendix B. Forms 19 .•.• .16 lo-.. . - i ^y,.. �: _� _ • ••••►? f'"AT�.v:-: et - Iwo .•,l . • Table of Contents i NMI Firm Overview EXHIBIT B BerryDunn is a nationally recognized independent management and IT consulting firm focused on inspiring organizations to transform and innovate. A Limited Liability Company formed in 1974 with 73 principals and 37 owners, BerryDunn employs more than 935 employees across 10 offices nationally. Our Consulting Services Team employs more than 335 staff and has been serving state, county, local, and quasi - governmental agencies for over 30 years. From extensive project experience for more than 900 state, county, local, and quasi -governmental agencies, our team brings valuable perspectives to every engagement. Our firm provides a full range of professional services that supports our ability to complete tasks outlined by the County on this initiative. These include: ► Cost of Service and Fee Studies ► Organizational, Operational, and Staffing ► Business Process Improvement, Reviews, and Analyses Redesign ► Organizational Change Management ► Comprehensive/Master Planning 1 Performance Analyses ► Enterprise and Departmental Strategic ► Project Assessments and Remediation Planning ► Software Planning and Procurement 1 IT Assessments and Strategic Plans ► Software Implementation Project Management ► Leadership and Organization Development and Oversight Our team has experience serving state, county, and local government agencies, providing them with an in-depth understanding of government operations, staffing needs, budgetary constraints, and the business processes required to provide necessary services to the internal divisions and the constituents the County serves. Our team includes American Institute of Certified Planners (AICP)-certified planners who understand the importance of sound planning principles, community vision setting, and the need for innovative regulations to carry out planning priorities. Figure 1 illustrates the overall organization of BerryDunn's Local Government Practice Group. We provide unparalleled expertise and unique insights across these practices, supporting our clients in solving some of their biggest challenges and addressing opportunities to improve and plan. Figure 1: Local Government Practice Group Specialization Enterprise Community Organizational Development and Development Utility Operations Enterprise Digital Transformation Health and Community Services Technology Management Parks, Recreation. Libraries Justice and Public Safety BerryDunn's CDUO Practice will serve County on this initiative. This practice focuses on municipal and county policies, processes, fees, and systems related to entitlement, planning, zoning, permitting, inspections, development services, code enforcement, land management, work order, public works and right-of-way, and asset management functions. This practice is composed of industry experts with both first-hand and project experience. Firm Overview 2 Scope of Proposal EXHIBIT B p Understanding the County's Needs Weld County, located in northeast Colorado, is home to approximately 360,000 residents and is one of the richest agricultural counties in the nation. The County is currently seeking a consulting team to conduct a thorough fee study for Chapter 5 of the Weld County Code. This fee study will focus on development -related fees administered by the DPS, for the County's Land Use Applications and Building Permits. Many of the County's current development fees have not been updated in over two decades. To modernize these fees, the County desires data -driven recommendations by way of this initiative. The study will address subsidized development costs, subsidy levels, and if changes to existing fees are necessary. In addition, the County is seeking an analysis against benchmarked organizations to provide additional context to the recommendations we provide. How BerryDunn Can Heir • Recently completed a similar project for Lake County, CO • Our core project staff are former local government staff with direct departmental experience • Our project manager, Jesse Myott, brings over a decade of direct local government experience related to municipal finance, public works, community development service delivery, and numerous cost of service and fee studies similar to the County's requested work effort • Our deep consulting bench of over 335 consultants with direct local government, finance, and departmental - specific experience, including AICP planners • First-hand understanding of local building and development service delivery, specifically development review, and inspection processes • Our dedicated CDUO practice group, focused on cost of service analyses and fee studies specific to permitting, inspections, planning, code enforcement, land management, and engineering functions and services • First-hand understanding and experience of engineering and public works services as they relate to development services and the internal and external delivery of each • Our proposed team is currently working on cost of service projects and has recently completed similar projects for clients in Arizona, Colorado, Florida, Idaho, Montana, and Texas • Our efficiency with facilitation and engagement of staff/stakeholders, so as not to create an undue burden scheduling unnecessary meetings • Use of standard cost accounting, activity -based costing, resource allocation methodology, weighted averages, and other standard analytical techniques to accurately determine full cost of providing specific services • We understand the importance of setting fee levels accurately to fund service delivery, but also understand that fees have real -world financial impacts to customers Guiding Methodologies Project Management To help ensure that project objectives are met, and initiation and completion of project work are conducted in a timely manner, each BerryDunn project is led by an experienced project manager who understands and utilizes project management best practices. Our Consulting Services Team employs project management best practices from the Project Management Institute's (PMI°'s) A Guide to the Project Management Body of Knowledge Guide (PMBOK® Guide Figure 2 illustrates the standards of project management as defined by performance domains and project delivery principles that are critical for effective delivery of project outcomes. Scope of Proposal 3 Figure 2: Performance Domains and Project Management Guiding Principles I PMB01O Guide EXH I BIT B Performance Domains 1 2 3 4 5 6 7 8 Change Management Team Principle -Based Standards Stakeholders • Stewardship • Team Por Life Cycle • Stakeholders • Value P/anning ass • Holistic Thinking 0 • Quality Navigating Uncertainty and Ambiguity • Complexity 1 • Leadership y Delivery Performance Project Work • Tailoring • Opportunities and Threats • Adaptability and Resilience • Change Management Stakeholders' willingness to adopt new processes and tools plays a significant role in the success —or failure —of recommendations for improvement. As such, our project management approach is carefully integrated with change management methodologies to promote buy -in and consensus for the project. We will work with you to proactively address resistance by: ► Engaging stakeholders at the right level throughout the project —from initial planning through implementation — to build understanding for the need for change and gain support from the people who will implement recommended improvements and who are most familiar with current processes I Developing and executing a communications plan that considers the information needs of each stakeholder group Documenting business processes and working with stakeholders to understand how their work will be impacted by proposed changes We have adopted the Prosci® change management methodology and trained over 100 consultants to become Prosci''' Certified Change Practitioners (CCPs). A central focus of the Proscio change management approach is the belief that, for change to work in an organization, individuals must be willing to change and understand change. Additionally, according to research conducted by Proscio, the likelihood of project success increases significantly and in alignment with the level of change management focus applied to the project. Figure 3 shows that even small increases in focus on change management, from "poor" to "fair," are likely to have a positive impact on system adoption and project success. Figure 3: Change Management's impact on Project Success 15% 42% \ 76% 94% Poor change rnanagement Scope of Proposal Fair change management Good change management Excellent change management EXHIBIT B Consistent with the Proscig methodology, the County can expect our change management approach to involve three stages, as described on the following page. 1. Preparing for Change. Involves developing of change management strategies, based on input from the County's stakeholders on the existing environment. 2. Managing Change. Involves overseeing assigned roles and tasks, providing training and coaching, using tools effectively, and executing a clear communication plan. 3. Reinforcing Change. Involves evaluating action plans, reviewing the sustainability of change management activities, and promoting individual and team successes. The County can be confident in our flexibility while developing and executing our change management approach. We understand that no two engagements are exactly alike and believe that one of the primary reasons we have been successful with similar projects is our willingness to be flexible in adapting to our clients' unique needs. Work Plan BerryDunn strives to be flexible when it comes to developing and executing an effective work plan, and our past clients have appreciated our willingness to adapt to their needs. This mindset plays a foundational role in how we measure the success of our portfolio of similar projects. Below and on the following pages, we provide a detailed breakdown of our proposed work plan. Phase 0 Project Initiation and Management To establish a strong foundation for the project and help ensure a high level of quality and communication throughout the engagement, we will utilize project management best practices based on PMrs PMBOK® Guide and our experience conducting similar projects with municipal and county building and development departments throughout the country. The County can expect our team to complete the following project activities: Thorough project planning, including an initial planning teleconference between BerryDunn's team and applicable staff to confirm project goals, objectives, and expectations Following the initial planning call, conduct a virtual kickoff meeting with the County's project team and identified stakeholders to discuss in greater detail the relationship of the current fees and charges environment, current cost recovery levels and revenue requirements, and current County goals and initiatives Based on the information gathered from our initial project planning call and virtual kickoff meeting, develop a Project Work Plan and Schedule reflecting our proposal; this will outline the major tasks, timelines, and identified milestones Documentation and data review, including but not limited to current fee schedules, lists of existing permit and service types and annual volume, revenue and expenditure budgets and reports, reserve balance reports, if applicable, detailed revenue reports by permit or service type, organizational chart(s) and staffing rosters, personnel salary and benefit data, and other documentation deemed important to the study Biweekly Project Status Meetings, which will describe activities and accomplishments for the reporting period, risk mitigation, deliverable reviews, scheduling discussions, and more Deliverable 1. Project Work Plan and Schedule Deliverable 2. Biweekly Project Status Meetings Phase 1. Cost of Service Analysis and Fee Study During Phase 1, our project team will virtually interview staff and stakeholders and review applicable fee schedules and budgets. We will use this information to assess DPS's current fees and charges environment. We will examine the customer service framework, perform a personnel review, and develop an initial cost model. Our goal will be to identify key direct and indirect resources related to DPS service delivery. We will then project cost recovery per service category, per permit/service type, and where applicable and where the data allows for each specific Scope of Proposal EXHIBIT B Phase 1. Cost of Service Analysis and Fee Study permit/service the DPS provides. We will develop recommendations and recommend fees consistent with identified revenue requirements, cost recovery targets, and reserve fund balance level requirements, if applicable. The County can expect our team to complete the following project activities: ► Virtually interview staff and stakeholders ► Review applicable fee schedules ► Review applicable operating and capital budgets ► Review revenue and expenditure reports (actuals) ► Review personnel budgets ► Project the fall cost for providing services ► Project the f all cost for providing services by specific service category, specific service type, and/or specific permit/service ► Recommenc methodologies for calculating fees and the amount of each fee to satisfy revenue requirements and cost recovery targets and reserve fund balance levels, if applicable ► Provide recommendations where it is not feasible to recover the full cost of providing a permit/service and also identify those instances where full cost recovery is attainable ► Recommenc fee for services DPS currently provides but for which no fee is currently assessed Deliverable 3. Cost or Service Analysis and Fee Study Phase 2. Forecasting and Impact Analysis Our team understands that the County must generate sufficient levels of revenue to sustain service delivery while also considering impacts to its customers. During Phase 2, We will work with the County's project team to develop an approach to understanding the real -world impact of DPS's fees for service, in particular how any proposed adjustments may affect the County's development community and the County's financial position. Our goal will be to help ensure that recommended fee adjustments do not increase community disparities, determine who may be impacted by fee adjustments, understand the potential impact fee adjustments may have on policy, and identify strategies to utilize increased revenue to provide an increased level of County services. We will review findings, priorities, and recommendations with the County project team and external stakeholders as directed, through virtual Iworkshops. The purpose of these workshops will be to gain perspective and understand the County's current and future goals. The Count can expect our team to complete the following project activities: . g Y p p gp J Virtually interview staff and stakeholders ► Assess the impact of proposed fee adjustments ► Develop cost recovery targets for generating revenue, recovering costs, and funding the County's operations and growth trajectory t Develop an accurate, thorough, and equitable assessment of solutions designed to encourage strategic development, support residents, promote community growth and quality of life Deliverable 4. Forecasting and Impact Analysis Phase 3. Fee Schedule Updates, Recommendations, and Peer Comparisons Utilizing the Cost of Service Analysis and Fee Study and Forecasting and Impact Analysis completed in Phase 1 and Phase 2, our project team will identify and prioritize necessary changes to fee calculation methodologies and fee schedule structure aid cost allocations, develop initial recommendations, and outline any additional, applicable areas where improvements should be considered. We will review findings, priorities, and recommendations with internal and external stakeholders during virtual workshops. The County can expect our team to complete the following project activities: Facilitate virtual workshops Scope of Proposal 6 Phase 3. Fee Schedule Updates, Recommendations, and Peer Comparisons EXHIBIT B Optional on -site fact-finding/review sessions (to be determined in conjunction with the County's project team Validate fee schedule structure, fee calculation methodology, and full cost and revenue allocation methodology ► Where appropriate, demonstrate best practices and methodologies related to service delivery Identify other deficiencies and areas for improvement ► Develop recommendations, priorities, and implementation strategies Provide additional consultative recommendations ► Survey up to six comparable political jurisdictions to assess current and recommended fee levels related to similar core DPS services Deliverable 5. Fee Schedule Updates, Recommendations, and Peer Comparisons Phase 4. Draft Findings and Recommendations We will prepare a Draft Cost of Service and Fee Study Report, which we will share with staff, with applicable stakeholders as directed. We will solicit feedback and discuss, document, and include desired modifications. We find that by sharing our initial findings and report with staff and stakeholders, we are able to establish consensus, build buy -in, and promote the long-term success of the recommendations and changes. Additionally, we will provide the County with the draft cost of service model in an easily accessible Microsoft Excel format. The County can expect our draft findings and recommendations to include the following: Conduct an on -site review session with staff and the Board of County Commissioners to provide an overview of the full cost analysis and fee study report findings related to the current fiscal and service environment Revenue and expense allocations to services related to the current fiscal and service environment fr Revenue requirement estimates and revenue projections for three fiscal years Expense projections for three fiscal years Reserve fund balance level projections for three fiscal years Cost recovery targets Fee design and calculation recommendations �. Updated fee schedule(s) - structure and levels where applicable Additional, applicable findings and recommendations Deliverable 6. Draft Cost of Service and Fee Study Report Phase 5. Final Findings and Recommendations As final project closeout and knowledge sharing activities, we wil apply edits to the Final Cost of Service and Fee Study Report and Final Cost of Service Model, incorporating the County's feedback. We will review final project deliverables with staff and applicable stakeholders as directed. We find that involving staff in preparation of the final documents helps to transfer knowledge and helps ensure the successful implementation of the final recommendations. The County can expect our team to complete the following project activities: Update the Cost of Service and Fee Study Report and Cost of Service Model to final Do Provide a single PDF file of the report and Microsoft Excel version of the cost model 1 Present final project deliverables to County staff/leadership ► Prepare and deliver one final in -person presentation to the Board of County Commissioners Scope of Proposal 7 Phase 5. Final Findings and Recommendations Deliverable 7. Final Cost of Service and Fee Study Report Deliverable 8. Final Cost of Service Model Deliverable 9. Final Presentation(s) EXHIBIT B Relevant Experience Local Government Finance from Multiple Perspectives In Table 1, below and xi the following page, we provide a representative sample of our team's experience conducting fee study, cost recovery, and cost allocation planning projects for similar local government departments across the country. The majority of the projects listed below share strong similarities to the County's requested services and all have been completed within the last five years. To adhere to the County's page limit requirements, we have limited this list but would be happy to provide additional past projects at the County's request. Client Alachua County, FL City of Boise, ID City of Bozeman, MT City of Bozeman, MT City of Bozeman, MT City of Gainesville, FL City of Gainesville, FL City of Fernandina Beach, FL City of Largo, FL City of Tucson, AZ Manatee County, FL Sonoma County, CA Town of Smithfield, PI Town of Smithfield, RI Town of Smithfield, RI Travis County, TX Scope of Proposal . Table 1: Sample Experience of CDUO Services Work Performed Building and Fire Permit Fee Study Entitlement, Permitting and Inspections Service Cost and Fee Analysis Community Development Fee Review Study Engineering Review Fee Study Infrastructure Review Fee Study Building Permit Cost of Service Study Fee Schedule Update Building Division Fee Study Building Permit Fee Study Cost of Service Study and Fee Schedule Redesign Building and Development Services Fee Study Fee and Cost Recovery Peer Comparison Water Rate Study Sewer Rate Study Utility Billing Analysis Development Review Process and Fee Study 8 Commitment to the State EXHIBIT B With BerryDunn, the County will be served by a firm and project team members who have demonstrated their commitment to the State and the County itself through similar and other types of consulting engagements. We also take pride in our local presence, as we have several employees who reside in the State and/or have worked in State's local government landscape. Below and on the following page, we include a list of clients in the State with which BerryDunn has conducted work. Adams County / Aims Community College ► Boulder County / Cherry Creek School District / City of Aurora City of Boulder City of Brighton ► City of Burlington 1 City of Colorado Springs City of Commerce City 1 City of Denver ► City of Edgewater / City of Englewood ► City of Fort Collins ► City of Golden ► City of Greeley / City of Loveland City of Montrose / City of Northglenn / City of Westminster / City of Wheat Ridge 1 Colorado Department of Human Services / Colorado Division of Child Support Services Colorado Division of Youth Services / Colorado Mountain College 1 Colorado Office of the State Auditor Colorado School of Mines Denver City Auditor's Office / Douglas County 1 El Paso County / Evergreen Park and Recreation District Hyland Hills Park and Recreation District 1 Jefferson County School District / Lake County / Larimer County ► Loveland Housing Authority / Mesa County 1 The Nature Conservancy 1 Pitkin County / South Suburban Parks and Recreation District Summit County 1 Tri-County Health Department / Town of Erie / Town of Mountain View Town of Parker / Town of Timnath / University of Denver / Weld County Project Team On the following pages, we list our project team members' experience, qualifications, and expertise as they relate to projects of this nature and work with comparable local government clients. Our project team members' full resumes can be found in Appendix A for further review. At* Kevin Price, MPP, PMP®, Proscr CCP I Project Principal I Berry, Dunn, McNeil & Parker, LLC Kevin is a principal in BerryDunn's Local Government Practice Group. He leads our CDUO Practice, assisting local government clients with business process improvement, fee analysis, system selection, and implementation projects. A certified Project Management Professional® (PMP®), Kevin has extensive experience in assessing the business needs and processes of municipal clients for permitting, inspections, planning, code enforcement, and land management functions. Kevin is also a Lean Six Sigma Green Belt, allowing him to continuously define, measure, analyze, improve, and control projects and environments for his clients. Kevin has supported some of BerryDunn's largest and most complex clients, and he regularly leads building, permitting, and planning fee studies in the State. As project principal, Kevin will: Have overall responsibility for the services we have proposed to the County Help ensure the commitment of our firm and appropriate resource allocation / Review and approve all deliverables in accordance with BerryDunn's quality assurance processes Scope of Proposal EXHIBIT B Jesse Myott, MA I Project Manager I Berry, Dunn, McNeil & Parker, LLC Jesse is a manager in BerryDunn's Local Government Practice Group. He has over 12 years of public -sector experience, focusing on supporting local governments with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecasting; customer valuation; and cost of revenue analyses for municipal programs and services. Jesse has led more than 30 cost of service and cost allocation projects for local governments from California to Massachusetts, and he regularly supports the financial management components of development process assessment and organizational improvement projects. He has conducted fee studies for community development departments in Alachua County, Florida; the Cities of Fernandina Beach, Largo, and Gainesville, Florida; Travis County, Texas; City of Tucson, Arizona; City of Boise, Idaho; and City of Bozeman, Montana, among others. As project manager, Jesse will: ► Act as the primary liaison with the County ► Be responsib e for maintaining a constructive and clear line of communication between the County's staff and BerryDunn ► Monitor project progress and track the initiation and completion of tasks and milestones Alison Tobey, MA, LSSGB I Lead Business Analyst I Berry, Dunn, McNeil & Parker, LLC Alison is a senior consultant in BerryDunn's Local Government Practice Group. She regularly assists tin our project teams in fact-finding exercises, in -person and virtual community engagement efforts, �•and deliverable development. She has supported a range of projects, from communitywide comprehensive planning to enterprise system needs assessment and system selection efforts. Alison has a master's degree in Global Policy and International Affairs and prior work experience as a journalist. As a result, she is especially skilled in communication, content development, research, and analysis. Alison has served as a business analyst on similar cost of service and fee study projects, including for Alachua County, Florida; the City of Tampa, Florida; and the Town of Smithfield, Rhode Island, and she is currently supporting BerryDunn's work with the City of Miami Beach, Florida. As lead business analyst, Alison will: ► Lead the project team with facilitating meetings, preparing status reports, and developing project deliverables in a timely manner Khara Dodds, MCRP, AICP I Subject Matter Expert I Berry, Dunn, McNeil & Parker, LLC Khara is a manager in BerryDunn's Local Government Practice Group. She is an AICP-certified planner with over 20 years of planning and community engagement experience, including 13 years of experience in public -sector leadership roles. She has led various departments in planning and lard use services, economic development, code enforcement, and inspections services. Prior to joining BerryDunn, she served as director of development services for the Town of Prosper, Texas; director of planning and community development for the Town of Glastonbury, Connecticut; and director of planning for the City of Hartford, Connecticut. She empowers communities, impacts lives, and makes a difference in her work, and she leverages her experience in city and regional planning to assist clients as they move forward in their endeavors. As subject matter expert, Khara will: / Leverage her experience and knowledge of fee study and cost recovery best practices to provide expertise on in -scope services and assessment of fees Critical Issues All projects experience varying challenges and barriers. Some are anticipated and can be planned for, while others the County may have little control over. To help avoid challenges, our team has spent a considerable amount of time considering potential risks that may negatively impact this initiative and strategies that can be used to address them. Below and on the following page, we present potential risks and strategies to mitigate them for the County's further review and consideration. Critical Issues 10 EXHIBIT B • Executive Sponsorship. For this project to succeed, the County leadership must fully support it and take an active role in key decision -making activities. They must be visible, vocal, and active supporters, communicating the vision for the future. Early on, we will work with the County leadership to define their role in effective communications and to gain agreement on the governance and decision -making model employed on the project. • Effective Project Management. Managing scope, schedule, and budget helps to ensure the project achieves its intended objectives. In the absence of an experienced individual dedicated to performing these activities, timelines may slip (or not be developed); project objectives may be compromised; and cost overruns may be experienced. • Delays in the Project Timeline. Factors may come into play that will impact the schedule, such as staff availability and time for leadership decision -making related to the project. We will work with the County to mitigate these risks to the timeline through advanced planning and accounting for known absences (such as holidays and vacations) in the schedule, as well as by providing regular updates on progress and relevant matters throughout the project. To address delays over which our team and the County may have less control, we will offer flexibility in how and when we gather the information to keep the project on track. • Stakeholder Participation. It will be important for the County and key project stakeholder groups to dedicate sufficient resources throughout the duration of the project to help ensure completion of project objectives in a timely manner. We understand that individuals contributing tc the initiative have other daily responsibilities that are a priority. As part of our planning activities, we will partner with the County to determine the right staff to involve in each phase of this project based on factors such as subject matter expertise and availability. Our approach attempts to minimize the impact on County staff by having us perform as much work in advance as possible and by engaging stakeholders in ways that promote tangible results and contributions. During project planning, we will also develop a high level estimate of staffing and resource needs for subsequent project activities and define the roles and time commitments required of each resource. • Managing Expectations. During project initiation, we will review the project timeline with the County to assess its reasonableness and determine if tasks should be extended across a longer period. In addition, as part of ongoing communication and project management, we will continually assess project progress, factoring in quality. We will raise these risks with the County early to determine the best approach for mitigation, constantly keeping our eye on the bigger picture. • Project Governance and Decision -Making. An effective governance structure must be established to guide project efforts, make key decisions, and help manage risks and issues. Establishing a governance committee with clear roles, responsibilities, and lines of authority will help prevent project delays due to lack of decision -making —or decisions being made without appropriate authority and/or key stakeholder inputs. We will discuss the project's governance structure with the County —and make recommendations accordingly —during project initiation. Project Control Cost Control BerryDunn has an excellent track record of completing projects on time and within the agreed upon budget. We employ a variety of strategies to control costs including: • Keeping our principals and managers involved in the process. Our principals and managers stay engaged throughout the project, allowing them to address challenges as they arise and avoid costly delays. • Following project management best practices. Within BerryDunn, we retain a team of 60+ certified Project Management Professionals® (PMPs®). Project management best practices form the foundation for all of the professional services provided by BerryDunn and help to keep our engagements on track. • Investing up front in project planning. The first step in any engagement we undertake is a project planning meeting. This helps us understand the scope of the project and anticipate challenges. After the project planning meeting, we will revise our proposed work plan and staffing assignments. We don't begin work until the revised work plan is approved by the client. Project Control 11 EXHIBIT B • Strategically adapting to changes. New information often requires alterations to the work plan, schedule, budget, or scope. Our teams are accustomed to these challenges and work closely with client management teams to make sure the necessay changes are agreed upon and approved. • Utilizing the best technology to allow our teams to work from anywhere. Our subject matter experts are provided with laptops and ether technology necessary to allow them to work in office, remotely, and on -site with ease. We also use videoconference services, such as Zoom and Microsoft Teams, to allow us to stay in close communication with our clients w thout incurring unnecessary travel costs. BerryDunn has an excellent track record of meeting deadlines and, as a standard practice, we only allow changes to the timeline, scope, or project fees based on changes that are documented and approved by the client. Our principals and managers regularly meet with our clients' management teams to identify issues and discuss solutions. Should additional work be identified that would require additional time and cost, we will work with the County to define the updated scope and fee structure before starting the expanded portion of the project. Quality Assurance and Control BerryDunn is an independent professional services firm. We are required to comply with the same stringent regulations and requirements that have been established for CPA firms, including requirements associated with quality assurance (QA) and quality control (QC), independence, professional development, and integrity. Our professional services —including our QA and QC procedures comply with the regulations of the American Institute of Certified Public Accountants, Public Company Accounting Oversight Board, the Federal Deposit Insurance Corporation, and other regulatory bodies. As a client of BerryDunn, the County can expect the same dedication to quality and integrity. Our BerryDunn team takes the quality of our work seriously and will endeavor to exceed the County's expectations of the quality and timeliness of our communications, service delivery, and final work products. We strive to help assure quality by understanding your expectations, developing a reasonable and achievable project approach, gaining concurrence on project tasks and timing, and using appropriate staff for each engagement. Work Locatior and Familiarity BerryDunn has offices spanning the country from its original location in Portland, Maine, to the island of Oahu in Hawaii. The Phoenix office serves as a hub for engagements in the West and Southwest, including Texas and California. In addition, we have remote employees based across the country in 48 states, as well as Puerto Rico. We work with clients across the continental United States, as well as Alaska, Hawaii, and the U.S. territories. Our strong client references and our reoeated selection by past clients to perform additional work speaks to our ability and commitment to being responsive tc client needs -regardless of the geographic location or time zone. BerryDunn employs more than 935 staff across 10 offices nationally. For the County's requested work effort, our project team members will be working from various locations, including remotely. Because of our work with clients nationally (including in Alaska, Hawaii, and U.S. territories), we are accustomed to working with clients across all U.S. time zones. During project planning, we work with the client to discuss communication methods and identify strategies to promote effective communication —including communicating across time zones. We commit to responding to messages and calls within 24 hours of receipt —though our usual response time is much shorter. All team members are equipped with the technology and tools needed to perform their work (e.g., e mail, phone, project collaboration tools), which enables them to work from any location and be responsive to clients' n eeds. Our Existing Relationship with the County With BerryDunn, the County will be served by a firm who has previously conducted work with the County. In 2022, the County selected BerryDunn to assist with a five-year Strategic Plan that included planning, research, analysis, opportunities, strategies, and an implementation plan. The strategic planning process requires a focus on research and a strong understanding of any client's strengths and areas of improvement, which are insights we intend to leverage for this project. BerryDunn was able to strengthen familiarity with local policies and discover what makes the County Work Location and Familiarity 12 EXHIBIT B unique, which will benefit our firm when conducting the County's requested fee study. Our strong understanding of the County's requested services, paired with our extensive fee study experience and our existing relationship with the County, will allow BerryDunn to satisfy the County's needs. References Below, we describe and provide contact information for three recent projects for the County's consideration. These clients can speak to the quality and satisfaction we deliver on comparable engagements. Due to page limit restrictions, we have limited this information to clients and contacts but are happy to provide additional information at the County's request. Lake County, Colorado I Community Planning and Development, Cost of Service Analysis and Fee Study Cece Williams, Planning Services Coordinator 719.839.2255 I cwilliams@lakecountyco.gov Travis County, Texas I Development Review Process, Cost of Service Analysis and Fee Study Anna Bowlin, Division Director of Development Services 941.748.4501 I anna.bowlin@traviscountytx.gov City of Tucson, Arizona I Development Review Process, Cost of Service Analysis and Fee Study Lynne Birkinbine, Director of Planning and Development Services 520.837.3708 I lynne.birkinbine@tucsonaz.gov Cost and Schedule BerryDunn's fixed -fee for conducting the County's Fee Study is $49,140. Table 2 presents a breakdown of our proposed fees by project phase. Our proposed fee reflects the level of effort we believe is required to complete the requested scope. We plan to use hybrid methodologies to minimize travel costs and will bill for travel expenses only as incurred. Other factors that contributed to this fee include: • Our staffing plan and resource allocation, which provides County with the appropriate number of resources and level of expertise to complete the tasks defined in the scope of work • Our experience conducting projects of similar scope and size • Our proposed team's experience working together on similar projects Table 2: BerryDunn's Proposed Fees by Phase Phase Phase 0. Project Management Phase 1. Cost of Service Analysis and Fee Analysis Phase 2. Forecasting and Impact Analysis Phase 3. Fee Schedule Updates, Recommendations, and Peer Comparisons Phase 4. Draft Findings and Recommendations Phase 5. Final Findings and Recommendations Total Travel Estimate, Billed as Incurred* Fee $6,760 $19,500 $3,640 $10,660 $3,640 $4,940 $49,140 $3,500 *Travel estimate includes expenses incurred to conduct two days of in -person meetings to review preliminary findings with staff as part of Phase 3 efforts; one day to deliver a draft findings and recommendations report presentation/workshop to the Board of County Commissioners as part of Phase 4 efforts; and, one final in -person presentation to present the completed project to the Board of County Commissioners as part of Phase 5 efforts. References 4 EXHIBIT B Our fee proposal assumes that satisfying a deliverable is based on the County's signed acceptance. We will work with the County project manager to update our deliverables as required until they are accepted by the County. The County will not incur any additional costs associated with the process of reaching deliverable acceptance. Hourly Rates Table 3 presents our team members' hourly rates by position. Our fixed -fee price proposal in Table 2 is based on a composite rate of $260 per hour. This represents an approximate 25% reduction to our standard rates. This reduction is based on our strong desire to work with the County on this project. Team Member Kevin Price Jesse Myott Khara Docds Alison Tobey Table 3: (earn 1Vlember Hourly Rates Project Role Project Principal Project Manager Subject Matter Expert Lead Business Analyst Standard Hourly Rate $535 $350 $350 $290 Anticipate° V imeline Below, in Figure 4, we highlight our proposed project schedule for completing the County's Fee Study. We understand that the County expects contract execution to conclude on April 23, 2025 and has an anticipated completion date of September 30, 2025. We have developed our project approach and schedule to accommodate County's timeline, and we will confirm key project dates in collaboration with the County during Project Initiation and Management. Figure 4: Anticipated Project Schedule Phase / Month Phase O. Project Initiation and Management Phase 1. Cost of Service Analysis and Fee Study Phase 2. Forecasting and Impact Analysis Phase 3. Fee Schedule Updates, Recommendations. and Peer Comparisons Phase 4. Draft Findings and Recommendations Phase 5. Final Findings and Recommendations Cost and Schedule Month Month 1 2 Month 3 • • • Month 4 Month 5 oat 14 OW Appendix A. Resumes EDUCATION AND CERTIFICATIONS Master's degree, Public Policy and Management, Concentration in Financial Management, University of Southern Maine Bachelor's degree, Economics and Political Science, University of Maine Project Management Professional® (PMP®), Project Management Institute® Prosci® Certified Change Practitioner Lean Six Sigma Green Belt Certified SELECT CLIENTS Boulder County, CO City of Bozeman, MT City of Dallas, TX City of Leander, TX City of Pearland, TX City of Santa Monica, CA City of Tucson, AZ Lake County, CO Pitkin County, CO Sonoma County, CA Travis County, TX Town of Mountain View, CO Appendix A. Resumes EXHIBIT B Kevin Price, MPP, PMP , Prosci CCP PRINCIPAL/ PROJECT PRINCIPAL Berry, Dunn, McNeil & Parker, LLC Kevin Price is a principal in BerryDunn's Local Government Practice Group and leader of the CDUO Practice. In this role, he assists local government clients with business process improvement, strategic and comprehensive planning, fee analysis, system selection, and implementation projects. A certified Project Management Professional® (PMP®), he has extensive experience assessing the business needs and processes of municipal clients for permitting, inspections, planning, code enforcement, and land management functions. Kevin is also a Lean Six Sigma Green Belt, allowing him to continuously define, measure, analyze, improve, and control projects and environments for his clients. RELEVANT EXPERIENCE Project Management: Kevin has managed large projects for some of BerryDunn's most complex local government clients. He is adept at keeping projects on track and on schedule while meeting the dynamic and sometimes evolving needs of clients. He previously led BerryDunn's Engagement Management and Vehicle Blight Projects for the City of San Jose, California. Fee Studies: Kevin has assisted BerryDunn clients with cost of service and comparative fee analysis projects. Kevin previously led our comparative fee analysis projects with the City of Homestead, Florida, and the City of Dallas, Texas, as well as fee studies for the Cities of Gainesville, Largo, and Fernandina Beach, Florida; Manatee County, Florida; the Town of Longboat Key, Florida; the City of Tucson, Arizona; and the City of Bozeman, Montana. Organizational Assessment: Kevin regularly helps county and municipal development services departments assess and improve their organizational structures and processes. These projects are collaborative and built upon stakeholder feedback, as well as project management and industry best practices. Most recently, he led a permit management review process for Sonoma County, California. Public Works: Kevin leads many of BerryDunn's projects with municipal public works departments and has a keen understanding of the services these departments provide, the stakeholder groups involved, and the processes, systems, and fees necessary for service delivery. He has led related projects for the City of Boston, Massachusetts; City of Pearland, Texas; and City of Philadelphia, Pennsylvania. AFFILIATIONS AND MEMBERSHIPS ■ City of Westbrook, ME Planning Board, 2023 - Present ■ City of Westbrook, ME Sewer Commission - Member, 2021 - Present 15 EXHIBIT B Jesse Myott, MA EDUCATION AND CERTIFICATIONS Master's degree, History, San Francisco State University Bachelor's degree, History, University of Rhode Island Associate degree, Champlain College AFFILIATIONS AND MEMBERSHIPS ■ California Society of Municipal Finance Officers (CSM FO) (former) ■ Municipal Management Association of Northern California (MMANC) (former) SELECT CLIENTS City of Bozeman, MT City of Cedar Park, TX City of Crestwood, CO City of Denver, CO City of Fort Worth, TX City of Mesa, AZ City of Mountain View, CO City of Pearland, TX City of Pflugerville, TX City of Tucson, AZ City of University Park, TX City of Villa Park, CA Lake County, CO Travis County, TX Town of Queen Creek, AZ Appendix A. Resumes MANAGER / PROJECT MANAGER Berry, Dunn, McNeil & Parker, LLC Jesse Myott is a manager in our Local Government Practice Group. He brings over a decade of public -sector experience, focusing on supporting municipalities with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecasting; customer valuation; and cost of revenue analyses for municipal programs and services. Jesse has led multiple cost of service and fee study projects for local governments across the country. RELEVANT EXPERIENCE Fee Studies: Jesse has authored highly complex and sensitive fee studies, created detailed subsidy analyses, and developed cost recovery models as well as water and sewer rate setting models for municipalities across the country, most recently for the City of Bozeman, Montana; City of Raleigh, North Carolina; Town of Smithfield, Rhode Island; the Cities of Gainesville and Largo, Florida; and the Counties of Alachua and Manatee, Florida. Finance: Jesse brings over a decade of public -sector experience. In addition to being an adept municipal finance professional, Jesse is particularly accomplished in public works and engineering budget development and delivery, as well as capital improvement project budget development and delivery. Prior to joining BerryDunn, he served as financial analyst and management analyst for the Cities of South San Francisco and Daly City, California, respectively. Process Analysis and Improvement: Jesse is an experienced municipal finance and management professional with over a decade of experience serving in many local government areas, both as an analyst and in senior management roles. His municipal business process knowledge extends through city administration, public works, water delivery and waste collection services, solid waste collection, public safety, economic development and redevelopment, library and recreation services, human resources, capital improvement program development, facility planning, compensation and benefits analysis, and citywide operating budget planning, monitoring, and delivery. Utilities Operations: Jesse has years of utility operations experience, specifically in water and sewer utility management. This experience includes operating and capital improvement budget development and delivery, rate setting, water distribution infrastructure finance planning, and collection infrastructure finance planning. Prior to joining BerryDunn, Jesse served as director of finance and administration for the public works department as well as acting superintendent of public works for an interim period. PUBLICATIONS AND PRESENTATIONS ■ Massachusetts Recreation and Park Association (MRPA) Annual Conference Speaker 2015 - Cost Recovery Methods 16 EDUCATION AND CERTIFICATIONS MA, Global Policy and International Affairs, University of Maine Bachelor's Degree, Journalism, University of Maine Lean Six Sigma Green Belt (LSSGB) AFFILIATIONS AND MEMBERSHIPS ■ American Planning Associations (APA) Member ■ Historic Preservation Commission, City of Biddeford, ME SELECT CLIENTS City of Boise, ID City of Fort Worth, TX City of Greeley, CO City of Leander, TX Town of Mountain View, CO City of Pearland, TX City of Santa Monica, CA City of Taylor, TX Kern County, CA Pitkin County, CO Sonoma County, CA Santa Clara County, CA Appendix A. Resumes Alison Tobey, MA, LSSGB SENIOR CONSULTANT / LEAD BUSINESS ANALYST Berry, Dunn, McNeil & Parker, LLC EXHIBIT B Alison Tobey is a senior consultant in BerryDunn's Local Government Practice Group. In this role, she assists local government clients with strategic and comprehensive planning, organizational assessment, business process improvement, and system selection projects. Her passion for helping others guides her work. Her consulting experience has afforded her the opportunity to help clients connect with stakeholders and create actionable recommendations to better serve their organizations and their communities. She leverages her prior experience as a journalist to provide clear, understandable, and thoughtful deliverables to support client needs. PROJECT EXPERIENCE Research and Analysis: Alison regularly supports clients by conducting primary research and analysis on an array of topics. Her approach to research and analysis is informed by her advanced global policy and international relations degree, as well as her experience as a news reporter. She approaches research tasks in a manner that considers clients' larger issues, goals, and objectives, and develops clear, concise, and thorough results and analyses. Deliverable Development: Alison supports project teams by assisting in the timely development of project deliverables. Her experience includes developing reports detailing an organization's current business processes and providing opportunities for improvement, utilizing Microsoft Visio to accurately diagram business processes, drafting sections of an organization's comprehensive plan, and supporting facilitation and creation of community engagement events. Stakeholder Engagement: Alison excels at leading stakeholder interviews and supporting focus groups. She leverages her prior experience as a journalist, as well as her strong written and verbal communication skills. She supports virtual engagement efforts, social media campaigns, and content creation. Comprehensive Planning: Alison regularly supports comprehensive planning initiatives for New England communities. She assists with planning, facilitation, and notetaking during community visioning sessions and events, as well as with fact-finding activities. She also helps draft current state analyses, policy recommendations, and final plan content. Process Diagramming and Improvement: Alison has assisted BerryDunn clients with process improvement projects as part of system replacement projects and as standalone projects. She assists with process diagramming of current and future state processes, as well as providing recommendations for overall process improvement. Organizational Assessment: Alison regularly helps development services departments assess and improve their organizational structures and processes. She assists in fact-finding, conducting interviews with stakeholders, peer community benchmarking, and providing recommendations for improvement. 17 EDUCATION AND CERTIFICATIONS Master's degree, Cite and Regional Planning, Rutgers University Bachelor's degree, Urban Studies/Africana Studies, Rutgers University The American Institute of Certified Planners (AICP) Equitable Community Change Certificate, eCornell Institute of Cultural Affairs (ICA) Technology of Participation® (ToP /). Facilitation Methodo ogy AFFILIATIONS AND MEMBERSHIPS ■ BerryDunn CEO Council on DEIBA, Systemic Barriers Subcommittee; Taskforce on ESG; and Embrace Employee Resource Group, Co -Chair ■ APA, Texas Chapter, DEI Committee Member ■ Texas Association of Community Development Corporations SELECT CLIENTS City of Fort Worth, TX City of Pearland, TX City of Leander, TX Town of Mountain View, CO Kern County, CA Appendix A. Resumes Khara Dodds, AICP, MCRP MANAGER / SUBJECT MATTER EXPERT Berry, Dunn, McNeil & Parker, LLC EXHIBIT B Khara Dodds is a manager in BerryDunn's Local Government Practice Group. She is an AICP-certified planner with more than 13 years of leadership experience and 20 years of planning and community engagement experience. She believes in the potential of community development to empower communities and positively impact quality of life. Khara leverages her experience in city and regional planning to assist clients as they assess existing policies and processes, collect and evaluate stakeholder input, and identify and implement recommendations for improvement. RELEVANT EXPERIENCE Community Development: Prior to joining BerryDunn, Khara was director of development services for the Town of Prosper, Texas; director of planning and community development for the Town of Glastonbury, Connecticut; and director of planning for the City of Hartford, Connecticut. In Prosper, she oversaw building, code compliance, and planning functions. In Glastonbury, she oversaw community development, health and fire code compliance, planning, and building functions. In these roles, she collaborated with engineering and public works functions and served as a liaison to land use boards and commissions. She led dynamic teams through all facets of community development, including, for instance, managing the plan review process of large-scale development projects, initiating the planning process for affordable housing, and leading sustainability certification efforts. She prepared design guidelines, regulation amendments, and a multi -faceted community engagement program to get input from residents, the development community, property owners, and board/commission members. Engagement: Khara is a skilled facilitator, trained in the ICA ToP® facilitation methodology, and often leads participant engagement. She recently led community interviews and forums for the City of Port Arthur, Texas, strategic planning effort. She has provided similar engagement support on a homelessness strategic plan for the City of Santa Monica, California, and a strategic plan for the Santa Clara County, California, Consumer and Environmental Protection Agency (CEPA). Diversity, Equity, and Inclusion (DEI): Khara has a demonstrated commitment to applying a DEI lens to departmental analyses and embedding DEI into engagement strategies. She is a member of BerryDunn's CEO Council on Diversity, Equity, Inclusion, Belonging, and Accessibility (DEIBA) systemic barriers subcommittee and is certified in Equitable Community Change through eCornell University. She supports DEI efforts through the APA, Texas Chapter, DEI Committee. In the public - sector, she led multiple community equity projects, recommended the declaration of racism as a public health crisis, led affordable housing initiatives, worked with underserved neighborhoods on improvement and revitalization, and secured economic development incentives for large development projects. She is also a member of BerryDunn's Taskforce on Environmental, Social Responsibility, and Governance (ESG). mow Appendix B. Forms Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601 EXHIBIT B Schedule E - Proposal Response Form Proposal Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of March 17, 2025, by 3:00 PM: 1 J Vendor's Proposal — Outlined in Schedule D 2) Schedule E - Proposal Response Form 3) Any potential or future Addenda must be completed/acknowledged. 4) All other items as requested in the Bid Specifications and/or Scope of Work. 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 Proposers shall provide and attach a line -item breakdown of cost per hour for each trade or specialty and number of hours anticipated for each. The total shall add up to the total lump sum cost that will be entered in the spaces for this project below: Item Price $46,020 Fee study Total (Attach full cost breakdown) $2,500 Travel Estimate (Billed as Incurred) $48,520 Total Lump Sum Cost Appendix B. Forms Attestation EXHIBIT B 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. #B2500031. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state ana 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 that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule F — Insurance 6. Acknowledgment of Schedule G — Weld County Contract 7. 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. 8. 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. Item Entry Company Name: Berry, Dunn, McNeil & Parker, LLC Address: 2211 Congress Street Portland, ME 04102 Phone (207) 541-2200 kprice@berrydunn.com Email: 01-0523282 FEIN/Federal Tax ID #: CONTRACTOR: By. J l r .--°a're77;Hi_ap_ci_wee.) Name: Kevin Price Title: Principal March 17 2025 Date of Signature BID REQUEST # B2500031 Page 2 EXHIBIT B Addendum #1 Bid Request Number B2500031 Land Use Application and Building Permit Fee Study Currently Reads: Page 11 of the specifications states: 14. Proposers shall provide and attach a line -item breakdown of cost per hour for each trade or specialty and number of hours anticipated for each. The total shall add up to the total lump sum cost that is provided. 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, in which case they will be included in the page count. d. The Proposal document forms included in this request that are mandatory to submit with your Proposal will not be included in the page count for your proposal. Change: 14. Proposers shall provide and attach a line -item breakdown of cost per hour for each trade or specialty and number of hours anticioated for each. The total shall add up to the total lump sum cost that is provided. Clarify staff levels, i.e. principal vs project manager or sub -consultant technical support staff, etc. 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, in which case they will be included in the page count. d. The Proposal document forms included in this request that are mandatory to submit with your Proposal will not be included in the page count for your proposal. e. Resumes may be included in an appendix and will not count towards the total page count. f. A page with a table of contents will not count towards the total page count. g. Schedule E, Proposal Response Form, will not count towards the total page count. EXHIBIT B Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Berry, Dunn, McNeil & Parker, LLC March 17, 2025 Date of Signature Signature: r --- --tom Name: Kevin Price Title: Principal March 13, 2025 EXHIBIT B "BerryDunn" is the brand name under which Berry, Dunn, McNeil & Parker, LLC and BDMP Assurance, LLP, independently owned entities, provide professional services in an alternative practice structure in accordance with the AICPA Code of Professional Conduct. BDMP Assurance, LLP is a licensed CPA firm that provides attest services, and Berry, Dunn, McNeil & Parker, LLC, and its subsidiary entities provide tax, advisory, and consulting services. Berry, Dunn, McNeil & Parker, LLC provides staff and other administrative resources to BDMP Assurance, LLP. if engaged, BDMP Assurance. LLP will lease professional and administrative staff, both of which are employed by LLC, in performing its services. These individuals will be under the direct control and supervision of BDMP Assurance LLP, which is solely responsible for the performance of our engagement. The entities falling under the BerryDunn brand are independently owned and neither entity is liable for the services provided by the other entity. Our use of the terms "our Firm" and "we" and "us" and terms of similar import denote the alternative practice structure of Berry, Dunn, McNeil & Parker, LLC and BDMP Assurance, LLP. This proposal is the work of BerryDunn and is in all respects subject to negotiation, agreement, and signing of specific contracts. ©2025 BerryDunn I All rights reserved. berrydunn.com BERRDUN-03 HDOWNING CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 4/30/2025 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 rights to the certificate holder in lieu of such endorsement(s) PRODUCER Clark Insurance, a Marsh & McLennan Agency, LLC company 1945 Congress Street, Bldg A PO Box 3543 Portland, ME 04104-3543 NAMEACT Heather Caston-Talbot, AAI, CIIP, CIC (AICNNo, Extl (207) 523-2235 I j,vc, No) ADDRESS heather caston-talbot@marshmma com INSURERS) AFFORDING COVERAGE NAIC # INSURER Hanover American 36064 INSURED Berry Dunn McNeil & Parker LLC 2211 Congress Street Portland, ME 04102 INSURER The Hanover Insurance Company 22292 INSURER C MEMIC Ind Co 11030 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER EVISIO NUMBE 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 'LWINSR TYPE OF INSURANCE 'gawp INSD WVD POLICY NUMBER POLICY EFF IMM/DD/YYYYI POLICY EXP iMM/DD/YYYYI LIMITS A X _ COMMERCIAL GENERAL LIABILITY ICLAIMS MADE X DCCUR X ZZP D240054 4/30/2025 4/30/2026 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 1,000,000 $ MED EXP (Any one person) $ 15,000 PERSONAL 8 ADV INJURY $ 1'000'000 GENERAL AGGREGATE $ 2'000'000 GENL AGGREGATE Limn- APPLIES PER POLICY !ET ❑X LOC OTHER PRODUCTS _ COMP/OPAGG_ $ 2,000,000 $ B , AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY H Damaga SCHEDULED AUTOS X ANON OS ONE X AHPD240058 4/30/2025 4/30/2026 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ geMTesc DAMAGE er accident) $_ Hired Phys Dam $ 50,000 B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS MADE X UHP D240055 4/30/2025 4/30/2026 EACH OCCURRENCE $ 8'000'000 AGGREGATE $ 8,000,000 $ DED I X I RETENTIONS 0 C WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN �FFICER/MEMg�r EXCLUDED ® (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below X N / A 3102800540 1/1/2025 1/1/2026 X I STATUTE I I DERH E L EACH ACCIDENT 1,000,000 $ E L DISEASE EA EMPLOYEE $ 1'000'000 E L DISEASE POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS ( LOCATIONS / VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached if more space is requved) 30 day notice of Cancellation with 10 days notice for non-payment Ic premium, if required by written ContracUagreement Weld County, its subsidiary, parent, elected officials, trustees, employees, associated and/or affiliated entities, successors, or assigns, agents, and volunteers are inlcuded as additional insureds on a pnmary and non-contnbutory basis with respects to General Liability, Automobile Liability and Umbrella Liability if required by written contract subject to the policy terms and conditions Waiver of subrogation applies in favor of the certificate holder with respects to Workers Compensation if required by wntten contract and applicable per state law CERTIFICATE HOLDER CANCELLATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 1301 North 17th Avenue Greeley, CO 80631 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD ACor)R CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/Yl' 04/30/2025 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 rights to the certificate holder in lieu of such endorsement(s) PRODUCER Affinity Insurance Services 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 CONTACT NAME. (a/cGNNo. Ext) l 1 (A/C, No) A DRESS INSURER(S) AFFORDING COVERAGE NAIC# INSURER Continental Casualty Company 20443 INSURED Berry, Dunn, McNeil & Parker, LLC 2211 Congress Street Portland, ME 04102 INSURER B INSURER INSURER INSURER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE 'LW ADDL SUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS MADE OOCCUR EACH OCCURRENCE $ IMAA SESO(Ea oNccu ence) $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ I GENERAL AGGREGATE $ GEN L AGGREGATE LIMIT APPLIES PER ,, POLICY n mr Li LOC OTHER PRODUCTS COMP/OP AGG $ $ AUTOMOBILE I-- _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED _ AUTOS NON OWNED AUTOS ONLY COMBINEdn0SID NGLE UMIT (Ea acae $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ t_ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICE PA EMI EXCLUDED? (Mandatory In NH) Ii yes describe under DESCRIPTION OF OPERATIONS below N /A I PER I I OTH STATUTE ER E L EACH ACCIDENT $ E L DISEASE EA EMPLOYEE $ E L DISEASE POLICY LIMIT $ A Professional Liability claims made policy APL 188112791 04/01/2025 04/01/2026 Per Claim/Aggregate Limit No Pnor Limit SIR applies per p $1 000 000 / $2,000 000 s Date limitation applies shown are as requested hcy terms and conditions DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 Additional Remarks Schedule may be attached d more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1301 North 17th Avenue Greeley, CO 80631 ACCORDANCE WITH THE POLICY PROVISIONS I AUTH R ZEDZED RE� IVE ryi l Irt' � +I eot ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* BERRY, DUNN, MCNEIL & PARKER LLC Entity ID* @00045250 Contract Name* PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND BERRY, DUNN, MCNEIL, & PARKER, LLC LAND USE APPLICATION AND BUILDING PERMIT FEE STUDY Contract Status CTB REVIEW C New Entity? Contract ID 9438 Contract Lead* .JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinezAweld.go v Parent Contract ID Requires Board Approval YES Department Project # Contract Description* PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND BERRY, DUNN, MCNEIL, & PARKER, LLC LAND USE APPLICATION AND BUILDING PERMIT FEE STUDY Contract Description 2 Contract Type* AGREEMENT Amount* $49,140.00 Renewable* NO Automatic Renewal Grant IGA Department PLANNING Department Email CM -Plan n i nggweld.gov Department Head Email CM-Planning- DeptHead 'weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Date* 05 1 4, 2025 Due Date 05;10/2025 Will a work session with BOCC be required?* HAD 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 Purchasing Approver Approval Process Department Head DAWN ANDERSON DH Approved Date 05/07;2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05/12 2025 Review Date* 05/14/2026 Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Renewal Date Expiration Date* 05 14 2027 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 05;08;'2025 Tyler Ref # AG 051 225 Legal Counsel BYRON HOWELL Legal Counsel Approved Date 05/08 2025 Originator ,JTRWILLOMARTINEZ COUNTY, CO MEMORANDUM 3:4"`istir To: Board of County Commissioners From: David Eisenbraun, Planning Director Date: April 14, 2025 Re: Bid Recommendation for #B2500031 - Land Use Application and Building Permit Fee Study As advertised, this bid is for a comprehensive fee study for Appendix 5-J, Planning Fee Schedule, and Appendix 5-K, Building Permit and Inspection Fee Schedule, in Chapter 5 of the Weld County Code, focusing on development -related fees administered by the Department of Planning Services (DPS), excluding impact fees. DPS respectfully recommends awarding the contract to Berry Dunn McNeil and Parker, LLC, the most qualified bidder. Please see the scoring sheet included in your meeting materials. BerryDunn's bid is for $49,140, not including travel expenses. They will bill for travel to Greeley for in -person meetings as needed. yAy PL0U13 7015--aV65 Weld County Planning Services PROJECT: B2500031 - Land Use & Building Permit Fee Study RFP Due Date: 3/17/2025 Summary of Committee Member Scoring Contractor Name Adjusted Score - Score Ranking Total Total (RFC-RFP) BerryDunn 357 357.00 1 MGT 332.5 332.50 2 Scored By: Totals (Josh B, Jim F, David E, Tom P, Diana A) WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverettaweld.gov cgeisertCa,weld.gov ttavloraweld.00v Phone: 970-400-4222, 4223 or 4454 DATE OF BID: MARCH 17, 2025 REQUEST FOR: LAND USE APPLICATION & BUILDING PERMIT FEE STUDY DEPARTMENT: PLANNING BID NO: B2500031 PRESENT DATE: MARCH 26, 2025 MARCH 31, 2025 APPROVAL DATE: PRI 9, 2026 APRIL 14, 2025 VENDOR MGT Impact Solutions, LLC 4320 W. Kennedy Blvd., Suite 200 Tampa, FL 33609 Berry Dunn McNeil & Parker, LLC d/b/a BerryDunn 2211 Congress Street Portland, ME 04102 THE PLANNING DEPARTMENT IS REVIEWING THE BIDS. 2025-0885 3/31 PLOD -13 Hello