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Home My WebLink About20220453.tiffContvaci-iptfq005 MEMORANDUM Date: February 5, 2025 To: Esther Gesick, Clerk to the Board From: Ryan Axtman, Construction Inspection Supervisor Subject: Extension/Renewal #3 — 2024 Geotechnical Services Contract Extension/Renewal #3 for Contract ID #5642 was reviewed during the Work Session on January 28, 2025, at 4:00 p.m. Please find attached the Work Session request and Agreement Extension/Renewal #3 for reference. All five County Commissioners unanimously approved placing the change order on the next available Board of County Commissioners agenda for formal consideration. Let me know if you need more details. Cohsenkom eC;ohkOa z A ai z5 puurclaU� 7A 0/25 2 OZ2-- 0L 53 EG,UU?sO BOCC STAFF USE Date Set: Time: BOARD OF COUNTY COMMISSIONERS WORK SESSION REQUEST WORK SESSION TITLE: Change Order Request: 2024 Geotechnical Services Contract Extension DEPARTMENT: Public Works DATE: 1/22/25 PERSON REQUESTING: Ryan Axtman and Don Dunker EXTENSION: 3743 Has your Commissioner Coordinator or BOCC Chair approved the work session? X_Yes, Commissioner Coordinator Yes, BOCC Chair Recommended length of time needed for discussion: 15 minutes X_30 minutes other (list): In addition to yourself and the board, please list who should attend: Cheryl Pattelli, Bruce Barker, Jill Scott, Jen Oftelie, and Curtis Hall Brief description of the issue: _X_ Informational only Action needed. The 2024 Geotechnical Services Contract between the County and Ground Engineering expires on March 8, 2025, while the selection of a new consultant through the Qualified Best Selection (QBS) process is expected to conclude with Board approval on March 24, 2025. This creates a three-week gap in Quality Assurance (QA) testing coverage, impacting ongoing projects like the WCR 6/13 Roundabout, which require uninterrupted QA services to maintain compliance with County standards. Options for the board: 1. Approve the temporary contract extension to maintain services through the QBS selection and contract process. 2. Run out the current contract time, allow coverage interruption in quality assurance testing services until new contract is finalized which will delay completions of projects. Recommendation to the board: Staff recommends approving a 45 -day contract extension with Ground Engineering, in accordance with the "Extension or Amendment" section of the original contract, to maintain seamless QA testing coverage. Costs to operate during extension will be applied as a PO, against the approved 2025 Public Works Engineering budget for Geotechnical Services this will not exceed $30k. **Please be sure to have all materials to Karla Ford by a minimum of one day prior to the scheduled work session for inclusion into electronic work session packets to be viewed on the Board's laptops. * * Agreement Extension/Renewal Between Weld County And Ground Engineering, Inc. This Agreement Extension/Renewal ("Renewal"), made and entered into ( day of abVkA.OUA.A , 2025 by and between the Board of Weld County Commissioners, on behalf of the Weld-tounty Department of Public Works, hereinafter referred to as the "Department", and Ground Engineering, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2022- 0453, Contract ID #5642, approved on March 9, 2022. WHEREAS the parties hereby agreed to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for the First renewal of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. Contract ID #6658, approved on February 8th, 2023. WHEREAS the parties hereby agreed to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for the Second renewal of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. Contract ID #7792, approved on February 5th, 2024. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on March 8, 2025. • The parties agree to extend the Original Agreement for an additional 45_Day period, which will begin March 9, 2025, and will end on April 23, 2025. • On Call Geotechnical Services was approved in the 2025 Public Works Engineering budget, 31100-6379, for the amount of $400,000.00. This extension to the 2024 contract shall not exceed the 2025 budgeted amount. The remaining budget after this time extension expires shall be available to the approved 2025 Geotechnical Services consultant. * This Contract Extension, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. The parties agree to extend the Original Agreement for an additional 45 -Days, which will begin March 9, 2025, and will end on April 23, 2025. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: �1 o:=p71)' Clerk to the Board BY: e u -Clerk to the B —MEV PtY BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO round Engineering, Inc. Digitally sig•^ed by Joseph Zorack, Joseph Zorack, P.E /GROUND r.E/GR oEngineering Engineering Consultants, Inc. consan.mc. By; Date:ult2025tsA2.05 12:02:07 -07'00' Joseph Zorack, P.E. Date: 2/5/2025 Contract Form Entity Information Entity Name * GROUND ENGINEERING CONSULTANTS, INC Contract Name" 2024 GEOTECHNICAL SERVICES Contract Status CTB REVIEW Entity ID* @00023237 Contract ID 9065 Contract Lead RAXTMAN Q New Entity? Parent Contract ID 5642 Requires Board Approval YES Contract Lead Email Department Project # raxtman@weld.gov Contract Description* CHANGE ORDER REQUEST: 2024 GEOTECHNICAL SERVICES CONTRACT EXTENSION Contract Description 2 Contract Type* CHANGE ORDER Amount* $0.00 Renewable * NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL NTYATTO R N EY@W EL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 01 /30/2025 02/03/2025 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 01/29/2025 Committed Delivery Date Renewal Date Expiration Date* 03/24/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 02/06/2025 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/06/2025 02/06/2025 02/06/2025 Final Approval BOCC Approved Tyler Ref # AG 021025 BOCC Signed Date Originator RAXTMAN BOCC Agenda Date 02/10/2025 Coi vac+11)0719 2. BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2024 Geotechnical Testing Contract Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 01/25/2024 PERSON REQUESTING: Ryan Axtman, Don Dunker, and Curtis Hall. Brief description of the problem/issue: •In 2022 Weld County,., entered a one (1) year professional services agreement (Original Contract) with Ground Engineering to provide Geotechnical Testing, contract B2200048/2022-0453. The Original Contract indicates that at the option of Weld County, it may be extended for up to two (2) additional years. A contract renewal was approved for 2023, and now Public Works is requesting a contract renewal for 2024. All their work performed during the last two years has been acceptable. Wnat options exist for the Board? • The Board may either approve or deny the contract renewal/extension. • Request a work session with staff to discuss this request. • Deny the staff recommendation for approval of this contract renewal request. Consequences: Approval of the Ground contract renewal would result in the on -call Geotechnical services moving forward in 2024 as planned. Impacts: Public Works anticipates on -call Geotechnical services to occur and to be completed in 2024. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The proposed 2024 contract renewal is for an amount not to exceed $400,000. These funds are budgeted in 2024 as a line item in account 31100-6377. Recommendation: Public Works recommends authorization to submit this Ground contract renewal for consideration as a line item on an upcoming BOCC Meeting Agenda. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments; Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Seine as 21 conTiffrl- ATM& cc: 64-4c0 z,/s/ze-} N*02,./- 2o22-cX}53 EG,00SO MEMORANDUM TO: Esther Gesick, CTB DATE: February 1St, 2024 FROM: Ryan Axtman, Supervisor, Public Works SUBJECT: 2024 On -Call Geotechnical Services Contract Renewal; Contract ID 7792 Please place Contract ID 7792 On -Call Geotechnical services contract renewal agreement on the BOCC agenda. This is the second and last renewal for this contract. Ground Engineering has provided the County with attentive services, documentation and prompt reporting of construction material testing results and inspections. The Engineering and Construction Inspection Divisions have been satisfied with their work and practices. Ground has returned their fee schedule costs within the current available Consumer Price Index (CPI) suggested range of inflation at 4.5%. This agreement was reviewed by the BOCC in a pass around that was returned on January 31., 2024. All five commissioners agreed with the recommendation to place the agreement on the BOCC agenda for an upcoming hearing for consideration. The On -Call Geotechnical services, 31100-6379, budget was approved in the 2024 Public Works Engineering Budget, for $400,000.00 which shall not be exceeded. I or another representative from the Engineering Division will attend the BOCC meeting to answer any question the BOCC may have. CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND GROUND ENGINEERING, INC. A-4 This Agreement Extension/Renewal ("Renewal"), made and entered into day of 2024, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Ground Engineerino. Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as Document No. 82200048/2022-0453, Contract ID No. 5642. approved on March 9•. 2022. WHEREAS the parties hereby agreed to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for first renewal of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. Contract ID No. 6658, approved on February 8•. 2023. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for the second and final renewal of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement will end on March 8•, 2024. The parties agree to extend the Original Agreement for a one (1) -year period, which will begin March 9•, 2024• and will end on March 8•. 2025. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second and final renewal of the original contract terms. 2. Beginning on the date of the new term the 2023 Fee schedule of the contract shall be replaced by the 2024 Fee Schedule, which is attached hereto and incorporated by reference. 3. On Call Geotechnical Services, 31100-6379, budget was approved in the 2024 Public Works Engineering budget. The budgeted amount for 2024 is $400,000.00 and shall not be exceeded. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Ground Engineering Inc. Joseph Zorack Printed Name losephZo2ck,P.E/GROUND aah.�rsb�br+�+ohzw+ck.PEr GROUND Fnglnanlnp [amuhanti Int. Engineering Consultants, Inc. ora 2o:aAt.16 ia�s n-0roo Signature BOARD OF COUNTY COMMISSIONERS WELD COU Kevin D. Ross, chair , ATTEST:dititn.% - ;t1 Weld FEB 0 5 2024 2024 Geotechnical Testing and Services - Ground Eng. Item S Description Unit 2024 Fee Schedule 2023 Fee Schedule Diff Item Cost Item Cost Soils 101 Att. Limits, Classificuion, Liquid limit, P.L, PI (Dry Prep) (ASHTO 789 & T90) Ea. $ 55.00 $ 53.00 3.6% 102 Att. Limits, Classific=ion, Liquid limit, P.L, PI (Wet Prep) (ASTM D4318) Ea. $ 55.00 $ 53.00 3.6% 103 R -Value (ASHTO Tn0) Ea. $ 279.00 $ 267.00 4.3% 104 Proctor - Standard (wSHTO T99) Ea. $ 111.00 $ 106.00 4.5% 105 Proctor - Modified co,ASHTO T180) Ea. $ 111.00 $ 106.00 4.5% 106 Proctor - One Point =heck (FMM CP23 & CP25) Ea. $ 44.00 $ 42.00 4.5% 107 Nuclear Field DensiL Testing (FMM CP80 & CP25) (3 or more Per Trip) Hr. $ 72.00 $ 69.00 4.2% 108 Gradation (CP30 & (P31) Ea. $ 67.00 $ 64.00 4.5% 109 L.A. Abrasion test (PASHTO T96) Ea. $ 167.00 $ 160.00 4.2% Concrete 201 Standard Concrete lylinders (Sampling and all testing) (Set of 6) (FMM CP 61, ASHTO T152,1=21, C1064, T119, T23, & ASTM C39) Ea. $ 251.00 $ 240.00 4.4% 202 Additional cylinder e'er Each) Ea. $ 16.00 $ 15.00 6.3% 203 Compression test (6p, Cure, and Break FOB lab) (Set of 6) Ea. $ 93.00 $ 89.00 4.3% 204 Concrete Beams (Set of 3) (FMM CP 61, ASHTO T152, T121, T119, T97, ASTM C39 & C1064t Ea. $ 277.00 $ 265.00 4.3% 205 Additional beam (Pr, Each) Ea. $ 55.00 $ 53.00 3.6% 206 S5) Splitting Tensile Str_ngth (Set of 6) (ASTM 0496 & C496-11, ASHTO T198- Ea. $ 344.00 $ 320.00 7.0% 207 Sand equivalent (FILM CP 30 & CP 37) Ea. $ 89.00 $ 85.00 4.5% 208 Air Pot Calibration !ASTM C231) (No Pricing Offered) Ea. $ - $ - 0.0% '209 Concrete Batch TeAing (First Two Trucks NO Cylinders Made) Ea. $ 111.00 $ 106.00 4.5% Asphalt 301 Gradation (FMM CP30, CP31 & CP-L5120) Ea. $ 67.00 $ 64.00 4.5% 302 S.G. absorption (Plus #4 material) (AASHTO T85) Ea. $ 50.00 $ 48.00 4.0% 303 S.G. absorption (Minus #4 material) (FMM CPL 4102) Ea. $ 61.00 $ 58.00 4.9% 304 Fractured Face Determination (FMM CP 30, CP 45, & AASHTO T304 A) Ea. $ 55.00 $ 53.00 3.6% 305 Flat Elongated Particles (D4791 Meth. B) Ea. $ 44.00 $ 42.00 4.5% 306 Rice Value (FMM CP 41, CP 55, CP 51 & CP 56) Ea. $ 89.00 $ 85.00 4.5% 307 Lottman Test (FMM CP 41, CP 55, CPL -5109 & CPL -5115) Ea. $ 361.00 $ 345.00 4.4% 308 Mix Design Bulk Unit Weight & Hveem Stability Verification (FMM CP 52 & CP 31) Ea. $ 379.00 $ 363.00 4.2% 309 Bitumen Content by extraction, gradation Analysis of Extracted Agg. (FMM CPL 5120 & CP 31,) Ea. $ 157.00 $ 15000 4.5% 310 Bitumen Content by Extraction (FMM CPL 5120) Ea. $ 77.00 $ 74.00 3.9% 311 Density test 3 or more Per Trip (FMM CP 44, CP 81 & CP 82) Hr. $ 72.00 $ 69.00 4.2% 312 Field Coring Samples 6" Inside Diameter Core Barrel Hr. $ 84.00 $ 80.00 4.8% 313 Field Coring Samples 4" Inside Diameter Core Barrel Hr. $ 84.00 $ 80.00 4.8% 314 Bulk specific Gravity (FMM CP 44) Ea. $ 44.00 $ 42.00 4.5% 315 Air void Percentage (FMM CPL 5115) Ea. $ 62.00 $ 59.00 4.8% 316 Binder recovered (AASHTO M320) Ea. $ 446.00 $ 427.00 4.3% 317 Binder Un-recovered (AASHTO R59 & T164) Ea. $ 446.00 $ 427.00 4.3% 318 HMA / Oven Calibration (Each HMA Mix Design) Ea. $ 334.00 $ 320.00 4.2% 319 CRS -2R Emulsion Testing: Residue by Evaporation - CP L2212/ASTM D6997, Penetration - ASTM 05, Ductility - ATM 0113, Ductility Cold Weather - ASTM D5801, Toughness & Tenacity - ASTM 5801 Ea. $ 446.00 $ 427.00 03% Laboratory Services 401 Unconfined Compression (Set of 3) (ASTM 01633) Ea. $ 67.00 $ 64.00 4.5% 402 Additional Unconfined Compression Specimen Ea. $ 22.00 $ 21.00 4.5% 403 0ne-dimensional Swell test (ASTM D4565) Ea. $ 67.00 $ 64.00 4.5% 404 Non -Coated Bar (ASTM A370) Ea. $ 223.00 $ 213.00 4.5% 405 Epoxy Bar (ASTM A370) Ea. $ 223.00 $ 213.00 4.5% 406 Dust Palliative Ea. $ 111.00 $ 106.00 4.5% 407 Topsoil Testing Ea. $ 84.00 $ 80.00 4.8% 408 Resistivity (ASTM G57) Ea. $ 67.00 $ 64.00 4.5% 409 Water Soluble Chloride (FMM CPL 2104) Ea. $ 55.00 $ 53.00 3.6% 410 Water Soluble Sulfate (FMM CPL 2103) Ea. $ 55.00 $ 53.00 3.6% 411 pH (AASHTO G51) Ea. $ 55.00 $ 53.00 3.6% 412 Sodium Sulfate Soundness (ASTM C88/C88M) Ea. $ 223.00 $ 213.00 4.5% Miscellaneous 501 Drilling and sampling Hr. $ 334.00 $ 320.00 4.2% *502 Shoulder Closure (Traffic Control Devices) Day $ 266.00 $ 255.00 4.1% *503 Lane Closure (Traffic Control Devices and Flagging) Day $ 2,268.00 $ 2,170.00 4.3% *504 Mobile Closure (Traffic Control Devices and Flagging) Day $ 2,033.00 $ 1,945.00 4.3% *505 Flagging Day $ 379.00 $ 363.00 4.2% *506 Traffic Control Sups -visor (TCS) Day $ 815.00 $ 780.00 4.3% *507 Traffic Control Plar5esign (MHT) Ea. $ 112.00 $ 107.00 4.5% *508 Crosshole Sonic Logging (CSL) Mobilization Day $ 1,000.00 NA NA *509 CSL Data Collectioriper ASTM D6760 Ea. $ 750.00 NA NA *510 CSL SummaryReport Ea. $ 500.00 NA NA *511 CSL Pre -Con Meetings & Standby Technician Time Hr. $ 235.00 NA NA *512 CDOT Pre -Stressed and Pre -Cast Concrete Products Inspector (PCI) Hr. $ 105.00 NA NA *513 PCI Concrete Compression Test, Cylinders Es. $ 16.00 NA NA *514 PCI Management, Meetings, and Review Hr. $ 120.00 NA NA *515 PCI Trip Charge Ea. $ 50.00 NA NA *516 PCI Tendon Yield Stress Test, Assume 4 Cables +Shipping LS $ 2,000.00 NA NA Hourly rates / Mileage 601 Principle Engineer and/or Geologist Hr. $ 106.00 $ 101.00 4.7% 602 Geotechnical Engineer/ Department Manager Hr. $ 106.00 $ 101.00 4.7% 603 Senior Field Technician Hr. $ 67.00 $ 64.00 4.5% 604 Field Technician Hr. $ 55.00 $ 53.00 3.6% 605 Mileage Mile $ 1.00 $ 1.00 0.0% TOTALS 2024 2023 Diff $ 13,349.00 $ 12,763.00 4.4% "New services added to fee schedule through life of original contract. ACORD.. Client#: 1083122 GROUNENG1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OD/YYYY) 01 /26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Services, LLC P.O. Box 7050 Englewood, CO 80155 800 873-8500 INSURED GROUND Engineering Consultants, Inc. 41 Inverness Drive East Englewood, CO 80112 CONTACT NAME: PHONE 800 873-8500 VitigEss: den.certificate@usi.com FAX (AlC, No), INSURER(S) AFFORDING COVERAGE NAIL INSURER A : Continental Casualty Company INSURER B : Continental Insurance Company INSURER C : Berkley Insurance Company INSURER D INSURER E 20443 35289 32603 INSURER F COVERAGES CERTIFICATE NUMBER: 43442728 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. LTR TYPE OF INSURANCE jADDLSUBR Oa WYD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYW) (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE 1 OCCUR , X 6049524270 06/06/2023 06/06/2024 ', '.. EACH OCCURRENCE $1,000,000 PREMISES(EaoocurrDence) $1,080,808 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. ` PRO - - _.._I POLICY X� JECT I LET OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ ------ A _ AUTOMOBILE X LIABILITY ANY AUTO OWNEDSONLY AUTO AUTOS ONLY X SCTEDDULED AUS X AUOTDS ONLDY X 6049524284 06/06/2023'.. 06/06/2024 3CBIGdeD SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERT ntDAMAGE $ $ B X ',. UMBRELLA LIAR X I vCCUR X EXCESS LIAR , CLAIMS MADE : X 6049524317 06/06/2023 06/06/2024 ', EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 I DED I XI RETENTION $10000 A WORKERS COMPENSATION AND EMPLOYERS• LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE , OFFICER/MEMBER EXCLUDED? Y / N NIA N (Mandatory in NH) '.. If yes, describe under '. ''. DESCRIPTION OF OPERATIONS .I., ''� X 6049524298 06/06/2023 06/06/2024 X 1 PER r :ER STATUTE E.L.EACH ACCIDENT --- ----- ----- E.L. DISEASE - EA EMPLOYEE $1,000,000 ---- ---- $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional and Pollution Liab. I Claims Made X AEC906740207 06/06/2023 06/06/2024 $2,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insureds under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. (See Attached Descriptions) DER CANCELLATION Weld County Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Inspection Division ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Ryan Axtman 1111 H Street Greeley, CO 80632 AUTHORIZED REPRESENTATIVE I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S43442728/M40274447 SACT DESCRIPTIONS (Continued from Page 1) The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and non contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. Description of Operations: RE Project: 2024 Geotechnical Testing and Services for Weld County Additional Insured: Weld County Public Works SAGITTA 25.3 (2016/03) 2 of 2 #S43442728/M40274447 POLICY NUMBER- 6049524284 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coserage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 6049524270 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured, B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations, But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1-15) Page 2 of 18 Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc, with its perm's.), IIII11110111111110111111 II! I IIIIIIlI1IIIII IIII CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations. new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily Injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising Injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or govemmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, ca®opies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-151 Paae 3 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's Iiabitty for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED — EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Page 4 of 18 Copyright CNA All Rights Reserved- Includes copyrighted material of Insurance Services Office, Inc., with its permission. IIII H IIIIIIHI IIOiiiiiti iii i IIIIIII[[IIIIII1iii CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to heir respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion axes not apply to: Any waterc-aft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY — EXPANDED DEFINITION Under DEFINITONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death. humiliation, shock, mental anguishor mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness:or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KIOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to gk'e such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant tt the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the affective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-1a Page 5 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (6) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement: d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: CNA74858XX (1-15) Page 6 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its permiss,nn. IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY - EXCEPTION FOR REASONABLE FORCE Under COVEFiAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise *am occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All: 1. Damages under Coverage B, regardless of the number of locations involved; CNA74858XX (1-15) Page 7 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E, When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13, INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Paoe 8 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permiss,on. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability- insurance available to the Insured (or which would have been available but for exhaustion of its limits). II. delete tie exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. Iii. to add the following additional exclusions: This insurance does not apply to: Discrimination any atual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any arsual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workees in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related fumishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-151 Page 9 of 18 Cmyright C. All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse: c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business: when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance CNA74858XX (1-15) Page 10 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc,., with its permiss+on. rt CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer intnrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each aid every one of the Named Insured's co -venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co - venturers, ■or of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsenrmnt or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CNA74858XX (1-1) Page 11 of 18 Copynght CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication. or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15) Page 12 of 18 Copyright CNA All Rights Reserved. Includes copynghted material of Insurance Services Office, Inc., with its permissmn. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is: property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX (1-15j Page 13 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Seances Office. Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN: or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2, the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20, PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX (1-15) Pace 14 of 18 Copyright CNA AU Rights Reserved. Indudes copyrighted metenaf of Insurance Services Office. Inc, with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provis®n 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the inclemnitee: 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So lorx3 as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-150 Page 15 of 18 Coeyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22, PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of eamings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS if the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contractor written agreement, and only if such contract or agreement: CNA74858XX (1-15) Page 16 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003260181703320255 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effector becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27, WRAP-UP EXTENSION; OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C-I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, ttis exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily -injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf: nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of Lose portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also • does not include hospitals or prisons. - CNA74858XX (1-1&) Page 17 of 18 CapyrOt CNA All Rights Reserved Includes copyrighted material of Insurance Services Office. Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858XX (1-15) Page 18 of 18 Gopynpht CNA All Rrgnts Reserved. Includes copyrighted material of Insurance ServicesOffice, Inc, with its permission. 6049524270 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, propery damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this ccwerage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always.to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher linnit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-118) Page 1 of 2 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Pane 2of2 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 6049524284 CNA 1 Business Auto Policy Policy Endorsement EXTENDED COVERAGE ENDORSEMENT - BA PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to SECTION II, Paragraph A.1., Who Is An Insured: 1. a. Any ncorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The -llrlsurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability policy providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The inst.rance afforded by this provision A.2.: Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (11 Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability policy providing auto coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contractor agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. Policy, as usod in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings SECTION II, 'aragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), :he limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), :he limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee SECTION II, aaragraph B.5 does not apply. Form No: SCA 23'00 D (10-20111 Page: 1 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 ° Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Towing SECTION III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to SECTION III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C. Transportation Expenses SECTION III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. D. Loss of Use Expenses SECTION III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. E. Personal Property The following is added to SECTION III, Paragraph A.4. c. We will pay up to $500 for loss to Personal Property which is: (11 Owned by an insured; and (2) In or on the covered auto. This coverage applies only in the event of a total theft of your covered auto. This insurance is excess over any other collectible insurance and no deductible applies. F. Rental Reimbursement The following is added to SECTION III, Paragraph A.4.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of loss to a covered auto. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered auto. No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered auto; or, (b) 15 days. 2. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of $375. I Form No: SCA 23 500 D (10-20111 Page: 2 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 ° Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement 3. This coverage does not apply while there are spare or reserve autos available to you for your operations. 4. If loss results from the total theft of a covered auto of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G. Hired "Autos' The following is added to SECTION III. Paragraph A.: 5. Hired Autos If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that indivtlual employee's name, with your permission, while performing duties related to the conduct of your business. The Host we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned autos. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per accident. H. Airbag Coverage The following is added to SECTION III, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. I. Electronic Equipment SECTION III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. J. Diminution In Value The following is added to SECTION III, Paragraph B.6. Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and Form No: SCA 23 me D (10-2011) Page: 3 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: 11 $5,000; or (21 20% of the auto's actual cash value (ACV) III. Drive Other Car Coverage — Executive Officers The following is added to SECTIONS II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your executive officers, except: a. An auto owned by that executive officer or a member of that person's household; or b. An auto used by that executive officer while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (11 Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such executive officers are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to SECTION IV, Paragraph A.2.a. (41 Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to SECTION IV, Paragraph A.2.b. 161 Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to SECTION IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C. Policy Period, Coverage Territory SECTION IV, Paragraphs 7.151.1a1. is revised to provide: Form No: SCA 23 500 D (10-2011) Page: 4 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 opyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement a. 45 days of coverage in lieu of 30 days V. DEFINITIONS SECTION V. Paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these Form No: SCA 23 5O0 D 110-20111 Page: 5 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 ° Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 6049524298 CNA 1 Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER. 0F.OUl R rHT TO RECOVER. PROM OTHERS ENDORSEI ENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright 1983 National Council on Compensation Insurance. 1/10/24. 1 46 PM Consumer Price Index, Denver -Aurora -Lakewood area — November 2023 Mountain —Plains Information Office U.S. Bureau of Labor Statistics 4 U.S. BUREAU OF LABOR STATISTICS • Bureau of Labor Statistics > Geographic Information > Mountain -Plains > News Release Mountain -Plains Information Office Search Mountain -Plains Region Go Mountain -Plains Archives IF News Release Information 23-2575-KAN Tuesday, December 12, 2023 Contacts Technical information: (816) 285-7000 BLSInfoKansasCityjbls.gov www.bls.gov/regions/mountain-plains Media contact: (816) 285-7000 Related Links CPI Overview Table - U.S. and areas CPI Detailed Tables - Mountain Plains CPI Chart Packagg Area Economic Summaries Consumer Price Index, Denver -Aurora -Lakewood area — November 2023 Area prices fell 0.3 percent in October and November. up 4.5 percent over the year Prices in the Denver -Aurora -Lakewood area, as measured by the Consumer Price Index for All Urban Consumers (CPI -U), declined 0.3 percent for the two months ending in November 2023, the U.S. Bureau of Labor Statistics reported today. Assistant Commissioner for Regional Operations Michael Hirniak noted that the energy index declined 9.5 percent, almost entirely due to falling gasoline prices. The food index decreased 0.6 percent over the past two months. The all items less food and energy index increased 0.3 percent, largely due to higher prices for owners' equivalent rent of residences. (Data in this report are not seasonally adjusted. Accordingly, bi-monthly changes may reflect seasonal influences.) Over the last 12 months, the CPI -U advanced 4.5 percent. The index for all items less food and energy increased 4.8 percent, while food prices rose 4.0 percent over the year. Energy prices rose 2.0 percent, largely the result of an increase in the price of natural gas service. (See chart 1 and table 1.) Mips.//www.bls.gov/regions/mountain-plains/news-release/consumerpriceindex_denver.htm 1/4 1/10/24, 1:46 PM Consumer Pdce Index, Denver -Aurora -Lakewood area — November 2023 : Mountai Chart 1. Over -the -year percent change in CPI -U, Denver -Aurora -Lakewood, CO, November 2020 -November 2023 All items Percent change _ All items less bad and energy 10.0 - - 9.0 8.0 7.0 6.0 5.0 4.0 3.0 2.0 1.0 0.0 Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nav Jan Mar May Jul Sep Nov 2020 2021 2022 2Q23 Source: U.S. Bureau of Labor Statistics. View Chart Data Food Food prices were down 0.6 percent for the two months ending in November. Prices for food at home (grocery store prices) fell 1.4 percent, while prices paid for food away from home (restaurant, cafeteria, and vending purchases) advanced 0.6 percent for the same period. Within the food at home category, the index for meats, poultry, fish, and eggs (-6.7 percent) led the declines. Decreases in the index were partially offset by increases in prices for fruits and vegetables (+1.6 percent) and dairy and related products (+1.3 percent). Over the year, food prices advanced 4,0 percent, mainly driven by prices for food away from home, which increased 7.6 percent. Prices for food at home were up 1.8 percent, with the index for fruits and vegetables (+6.1 percent) contributing most to that rise for the same period. Energy The energy index fell 9.5 percent for the two months ending in November. The decrease was almost entirely driven by lower prices for gasoline (-20.0 percent), but lower prices for electricity also contributed (-0.5 percent). Prices paid for natural gas service increased over the two -month period. From November 2022 to November 2023, energy prices rose 2.0 percent. The increase was driven by a rise in the index for natural gas service. Price declines for gasoline and electricity partially offset the rise, falling 6.0 percent and 0.7 percent, respectively. All items less food and energy The index for all items less food and energy rose 0.3 percent in the latest two -month period. Among the components contributing most to the rise were owners' equivalent rent of residences (+1.0 percent), public transportation, and medical care. Lower prices for education and communication (-2.3 percent), new and used motor vehicles (-1.1 percent), and recreation (-1.4 percent) partially offset the increases. Over the year, the index for all items less food and energy advanced 4.8 percent. Components contributing to the increase included owners' equivalent rent of residences (+7.1 percent), medical care (+6.5 percent), and rent of primary residence (+4.3 percent). Declines in the index occurred in the categories for used cars and trucks (-4.9 percent) and public transportation. The January 2024 Consumer Price Index for the Denver -Aurora -Lakewood area is scheduled to be released on Tuesday, February 13, 2024. Technical Note The Consumer Price Index (CPI) measures the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI -U) which covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI -W) which covers approximately 29 percent of the total U.S. population. The CPI -U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retail establishments —department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date. For most of the CPI -U the reference base is 1982-84 equals 100. An increase of 7 percent from the reference base, for example, is shown as 107.000. Alternatively, that relationship can also be expressed as the price of a base period market basket of goods and services rising from $100 to $107. For further details see the CPI home page on the internet at www.bls.gov cpi and the CPI section of the BLS Handbook of Methods available on the internet at www.bls 99929pub/hom/cp>i . In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. Asa result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Denver -Aurora -Lakewood, CO, Core Based Statistical Area is comprised of Adams, Arapahoe, Broomfield, Clear Creek, Denver, Douglas, Elbert, Gilpin, Jefferson, and Park counties in Colorado. Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: (202) 691-5200; Telecommunications Relay Service: 7-1-1. Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods, Denver -Aurora -Lakewood, CO (1982-84=100 unless otherwise noted) 1/10/24, 1:46 PM ber 2023 : Mountain —Plains Informatlon Office : U.S. Bureau of Labor S I items All items (1367= 100) Food end beverages Food at home Shelter and babery products Motor fuel ine (all types) Gasoline, unleaded regular. leaded midgradeIVE Gasoline, unleaded premium. Medical care Special aggregate indexes All items less shelter All items less medical care (1) Indexes on a January `?378=100 base. (2) Indexes on a November 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Index on a December ,93=100 base. Indexes t]ct. 2023 299.385', 297.725. 3.9' -0.6' 307.046 305.145 4.0' 281.560 280.498 277.533' 1.8 -1.4 336.832 334.156 328.686 2.3 297.397 283.583 277.485', 1.3 6 7; -2.2: 230.767 233.138 233.873 0.1'. 319.499 322.843 324.584' 6.1' 0.5,, 1.6 190.286 190.363 186.995' -1.5' -1.7' -1.8' 250.942 255.219 251.538 0.7, 0.2' 342.630 344.684! 7.6 0.6 230.701 231.438' 2.0 0.3 330.285 332.754 5.8' 0.7 384.597 386.207 387.061 6.2 0.6' 402.526 401.011 402.455' 379.821 383.314 383.467 379.821 383.314 383.467 304.716', 11.2', 203.609' 202.314 205.402 11.3' 0.9: 1.5!. 202.068 200.554 203.980 11.8' 0.9 1.7 174.464 173.515 173.515 -0.7' -0.5 0.0! 297.669 141.663', 117.873 334.073' 340.244! 133.721 258.022 370.529' 332.901 310.275 328.491 305.105 262.813 -6.0 -20.0 -13.9: 320.304 296.703 254.098 6.4 -20.7 -14.41 322.739 301.642 262.396! -4.9', -18.7 -13.0. 353.436 331.687 292.249 -4.5 -17.3 -11.9' 735.315 6.5' 180.315 4.5! 128.947 2.1 1,201.460 7.5 2.9',: -1.4' 0.2'. 0.41 0.0 0.0 182.835'.. 131.9381 1,228.407 431.190', 212.602, 170.427; 211.711' 131.441 424.079 296.170' 142.281', 0.4 0.4' 114.908', 2.3 -2.5 322.797 1.9 -3.4' 325.365' 2.9, -4.4 132.210 -0.7 -1.1' 256.871 1.7! -0.4' 367.045; -4.9' -0.9',' 268.100 -6.4 19.5 -13.6', 435.672;. 208.583; 1.2' -1.9', 165.912 -0.3'. -2.6 203.698 1.9 -3.8 129.267. -2.2 -1.7' 426.224! 6.3i 0.5i 293.309 3.5' -1.0 306.217 304.777: - Data not available. 1/10/24,1:46 PM (1) Indexes on a January 1978=100 base. (2) Indexes on a November 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Index on a December 1993=100 base. 202.3 172.954''''.. 256.025 213.058' 473.847 399.630' 260.807 250.967', 332.831 338.753: Last Modified Date: Tuesday, December 12, 2023 205.672'! 2.0' -3.5 475.251 6.5 0.3 401.5361 6.8 0.5. 236.085, 2.0 333.445` 4.7 339.770', 4.8'' 0.3',, -9.5 U.S. BUREAU OF LABOR STATISTICS Mountain -Plains Information Office Two Pershing Square Building Suite 1190 2300 Main Street Kansas City, MO 64108 Telephone:1-816-285-7000_ www.bis.gov regions/mountain-plains Contact Mountain -Plains ontract F Entity Information Entity Name* Entity ID* GROUND ENGINEERING @00023237 CONSULTANTS, INC Contract Name" Contract ID WELD COUNTY 2022 GEOTECHNICAL TESTING 7792 CONTRACT Contract Status CTB REVIEW Contract Lead * RAXTMAN Q New Entity? Parent Contract ID 5642 Requires Board Approval YES Contract Lead Email Department Project # raxtman@weldgov.com Contract Description" RENEWAL OF ON -CALL GEOTECHNICAL SERVICE FOR THE THE ENGINEERING DIVISION OF PUBLIC WORKS. Contract Description 2 Contract Type* RENEWAL Amount* $400,000.00 Renewable" YES Automatic Renewal NO Grant IGA Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 02/10/2024 02/14/2024 Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com Bid/RFP #* County Attorney B2200048 GENERAL COUNTY ATTORNEY EMAIL Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? YES County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID 6658 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 02/14/2024 Review Date* 01/25/2024 Renewal Date* 03/08/2024 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 02/01/2024 Approval Process Department Head .CURTIS HALL DH Approved Date 02/01/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02/05/2024 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 02/01/2024 02/01/2024 Tyler Ref # AG 020524 Originator RAXTMAN Coi c*I BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2023 Geotechnical Testing Contract - Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 1/23/2023 PERSON REQUESTING: Ryan Axtman, Weld County Public Works Brief description of the problem/issue: In 2022 Weld County entered a one (1) year professional services agreement (Original Contract) with Ground Engineering for the Geotechnical Testing Contract B2200048/2022-0453. The Original Contract indicates that at the option of Weld County, it may be extended for up to two (2) additional years. This contract renewal represents the first additional year which Public Works would like to enact a contract renewal. Ground Engineering has provided professional and timely testing support services for Public Works under the Original Contract. This proposed 2023 first contract renewal can be extended from March 09, 2023, to March 08, 2024, and is for an amount not to exceed $375,000. Ground Engineering has provided their 2023 billing rates for themselves and their subconsuttants, the billing rates were reviewed by staff and determined to not exceed the allowable increase of 6.9% according to the Denver, Aurora, and Littleton Consumer Price Index, a necessary requirement described in the Original Contract. Attached to this pass around is a copy of the contract renewal, the 2023 Fee Schedule, and a cost comparison from 2022 to 2023. Ground Engineering was awarded this contract in 2022 as the low bid contractor and the department has been satisfied with their work. Public Works staff recommends awarding Ground Engineering a one (1) year extension of the Original Contract. The funds are budgeted in 2023 as a line item in account 31100-6377. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: Staff recommends approval for Ground Engineering Consultants, Inc. under the Geotechnical Testing Contract. Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Cuti5tri+Nctitf 0710/ 23 Approve Schedule Recommendation Work Session Other/Comments: Onto-&iu ) 202 L- 0q53 c2p7a3 EGC08'b CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND GROUND ENGINEERING, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into _ day of 2023, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Ground Enoineering, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as Document No. 82200046/2022-0453, Contract ID No. 5642, approved on March B"'. 2022. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for the second and final renewal of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement will end on March Re, 2023. The parties agree to extend the Original Agreement for a one (1) -veer period, which will begin March gin, 2023. and will end on March 6., 2024. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Exhibit A has been updated to reflect the 2023 hourly rates and mileage. 2. There are no changes being made to the Contract Documents. 3. The Engineering total budgeted amount for the period of March 9'h, 2023, to March 61h, 2024, is $375,000.00 All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Ground Engineering Inc. Joe Zorack Printed Name Signere Joseph Zorack Digitally signed by Joseph Zorack DN: cn=Joseph Zorack, o=GROUND Engineering Consultants, Inc, ou=GROUND, email=joe.zorack@groundeng.co m, c=115 Date: 2023.01.2011:17:52 -07'00' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman Chair ATTEST: W.drAd4r7:O Weld C BY: Deputy Clerk tot Boar Z3 63 2023 Geotechnical Testing and Services Item # Description Unit 2022 Fee Schedule Unit 2023 Fee Schedule Item Cost Item Cost Soils Ea. $ 53.00 101 Att. Limits, Classification, T90) Liquid limit, P.L, PI (Dry Prep) (AASHTO T89 & Ea. $ 50.00 Fa. S 53.00 S 102 Att. Limits, Classification, Liquid limit, P.L, PI (Wet Prep) (ASTM D4318) Ea. $ 50.00 Ea. $ 267.00 103 R -Value (AASHTO T190) Ea. $ 250.00 Ea. S 106.00 104 Proctor - Standard (AASHTO T99) Ea $ 100.00 Ea. $ 106.00 105 Proctor - Modified (AASHTO T180) Ea. $ 100.00 Ea. $ 42.00 106 Proctor - One Point Check (FMM CP23 & CP25) Ea. $ 40.00 Hr. $ 69.00 107 Nuclear Field Density Testing (FMM CP80 & CP25) (3 or more Per Trip) Hr. I $ 65.00 Ea. S 64.00 108 Gradation (CP30 & CP31) Ea. $ 60.00 Ea. S 160.00 109 L.A. Abrasion test (AASHTO T96) Ea. $ 150.00 Concrete Ea. S 240.00 201 Standard CP 61, Concrete Cylinders (Sampling AASHTO 1152,1121, C1064, and T119, T23, all testing) (Set of & ASTM C39) 6) (FMM Ea. $ 225.00 Ea. $ 15.00 202 Additional cylinder (Per Each) Ea. $ 14.00 Ea. $ 89.00 203 Compression test (Cap, Cure, and Break FOB lab) (Set of 6) Ea. $ 84.00 Em $ 265.00 204 Concrete Beams (Set of 3) T97, ASTM C39 & C1064) (FMM CP 61, AASHTO 1152, T121,1119, Ea. $ 250.00 Ea. $ 53.00 205 Additional beam (Per Each) Ea. $ 50.00 Ea. S 320.00 206 Splitting 1198-15) Tensile Strength (Set of 6) (ASTM C496 & C496-11, AASHTO Ea. $ 300.00 Ea. S 85.00 207 Sand equivalent (FMM CP 30 & CP 37) Ea. $ 80.00 Ea. S 208 Air Pot Calibration (ASTM C231) Ea. $ - Ea $ 106.00 209 *Concrete Batch Testing Ea. $ 100.00 Asphalt E. = 64.00 301 Gradation (FMM CP30, CP31 & CP-L5120) Ea. $ 60.00 Ea. $ 48.00 302 S.G. absorption (Plus #4 material) (AASHTO 185) Ea. $ 45.00 Ea 5 58.00 303 S.G. absorption (Minus #4 material) (FMM CPL 4102) Ea. $ 55.00 Ea. 5 53.00 304 Fractured Face Determination (FMM CP 30, CP 45, & AASHTO 1304 A) Ea. $ 50.00 H. $ 42.00 305 Flat Elongated Particles (D4791 Meth. B) Ea. $ 40.00 Ea. $ 85.00 306 Rice Value (FMM CP 41, CP 55, CP 51 & CP 56) Ea. $ 80.00 Ea. $ 345.00 307 Lottman Test (FMM CP 41, CP 55, CPL -5109 & CPL -5115) Ea. $ 325.00 Ea. $ 363.00 308 Mix Design Bulk 52&CP31) Unit Weight & Hveem Stability Verification (FMM CP Ea. $ 340.00 Ea. S 150.00 309 Bitumen Content by extraction, (FMM CPL 5120 & CP 31,) gradation Analysis of Extracted Agg. Ea. $ 140.00 Ea. 5 74.00 310 Bitumen Content by Extraction (FMM CPL 5120) Ea. $ 70.00 P r. S 69.00 311 Density test 3 or more Per Trip (FMM CP 44, CP 81 & CP 82) Hr. $ 65.00 312 Field Coring Samples 6' Inside Diameter Core Barrel Hr. $ 75.00 Hr. $ 80.00 313 Field Coring Samples 4' Inside Diameter Core Barrel Hr. $ 75.00 Hr. $ 80.00 Ea. $ 42.00 314 Bulk specific Gravity (FMM CP 44) Ea. $ 40.00 315 Air void Percentage (FMM CPL 5115) Ea. $ 55.00 Ea. $ 59.00 316 Binder recovered (AASHTO M320) Ea. $ 400.00 Ea. $ 427.00 317 Binder Un-recovered (AASHTO R59 & T164) Ea. $ 400.00 Ea. $ 427.00 Ea. $ 320.00 318 HMA / Oven Calibration (Each HMA Mix Design) Ea. $ 300.00 Ea. $ 427.00 319 CRS -2R Emulsion Testing: Residue by Evaporation - CP L2212/ASTM D6997, Penetration - ASTM D5, Ductility - ATM D113, Ductility Cold Weather - ASTM D5801, Toughness & Tenacity - ASTM 5801 Ea. $ 400.00 Laboratory Services 401 Unconfined Compression (Set of 3) (ASTM D1633) Ea. $ 60.00 Ea. $ 64.00 402 Additional Unconfined Compression Specimen Ea. $ 20.00 Ea. $ 21.00 403 One-dimensional Swell test (ASTM D4565) Ea. $ 60.00 Ea. $ 64.00 404 Non -Coated Bar (ASTM A370) Ea. $ 200.00 Ea. $ 213.00 405 Epoxy Bar (ASTM A370) Ea. $ 200.00 Ea. $ 213.00 406 Dust Palliative Ea. $ 100.00 Ea. S 106.00 407 Topsoil Testing Ea. $ 75.00 Ea. $ 80.00 408 Resistivity (ASTM G57) Ea. $ 60.00 Ea. $ 64.00 409 Water Soluble Chloride (FMM CPL 2104) Ea. $ 50.00 Ea. $ 53.00 410 Water Soluble Sulfate (FMM CPL 2103) Ea. $ 50.00 Ea. $ 53.00 411 pH (AASHTO G51) Ea. $ 50.00 Ea. $ 53.00 412 Sodium Sulfate Soundness (ASTM C88/C88M) Ea. $ 200.00 Ea. $ 213.00 Miscellaneous Hr. $ 320.00 501 Drilling and sampling Hr. $ 300.00 Day $ 255.00 502 *Shoulder Closure (Traffic Control Devices) I Day $ 240.00 y Day $ 2,170.00 503 *Lane Closure (Traffic Control Devices and Flagging) Day $ 2,030.00 Day $ 1,945.00 504 *Mobile Closure (Traffic Control Devices and Flagging) Day $ 1,820.00 Day $ 363.00 505 *Flagging Day $ 340.00 Day $ 780.00 506 *Traffic Control Supervisor (TCS) Day $ 730.00 Ea. $ 107.00 507 *Traffic Control Plan Design (MHT) Ea. $ 100.00 Hourly rates / Mileage I Hr. $ 101.00 601 Principle Engineer and/or Geologist Hr. $ 95.00 Hr. $ 101.00 602 Geotechnical Engineer/ Department Manager Hr. $ 95.00 603 Senior Field Technician Hr. $ 60.00 Hr. $ 64.00 604 Field Technician Hr. $ 50.00 Hr. $ 53.00 { Mile $ 1.00 605 Mileage Mile $ 1.00 *New services added to 2022 contract U.S. BUREAU OF LABOR STATISTICS Bureau of Labor Statistics > Geographic Information > Mountain -Plains > News Release Mountain -Plains Information Office Mountain -Plains Home Mountain -Plains Geography Mountain -Plains Subjects Mountain -Plains Archives Consumer Price Index, Denver -Aurora -Lakewood area — November 2022 Area prices rose 0.5 percent in October and November, up 6.9 percent over the year Prices in the Denver -Aurora -Lakewood area, as measured by the Consumer Price Index for All Urban Consumers (CPI -U), increased 0.5 percent for the two months ending in November 2022, the U.S. Bureau of Labor Statistics reported today. Regional Commissioner Michael Hirniak noted that the all items less food and energy index advanced 0.9 percent in October and November, largely due to an increase in the index for shelter. The energy index fell 3.6 percent, while the food index decreased 0.7 percent over the past two months. (Data in this report are not seasonally adjusted. Accordingly, bi-monthly changes may reflect seasonal influences.) Over the last 12 months, the CPI -U increased 6.9 percent. The irdex for all items less food and energy rose 6.7 percent over the year, while food prices advanced 9.7 percent. Energy prices increased 4.1 percent, mainly driven by a decline in the index for gasoline. (See chart 1 and table 1.) Chart 1. Over -the -year percent change in CPI -U, Denver -Aurora -Lakewood, CO, November 2019 —November 2022 Percent change 10 0 80 60 d0 20 A]I items All tems less food and energy 00 Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov 2019 2020 2021 2022 Source. U S Bureau of Labor Statistics View Chart Data Search Mountain -Plains Go Contact Mountain -Plains News Release Information 22-2302-KAN Tuesday, December 13, 2022 Contacts Technical information: (816) 285-7000 BLSInfoKansasCity bl .g y www.bls.gov/regions/mountain-plains Media contact (816) 285-7000 Related Links CPI Overview Table - U.S. and areas CPI Detailed Tables - Mountain Plains CPI Chart Package Area Economic Summaries Food Food prices fell 0.7 percent for the two months ending in November. Prices for food at home (grocery store prices) decreased 1.8 percent over the two -month period. The decrease in the index for food at home was due to declines in prices for meats, poultry, fish, and eggs (-5.1 percent), cereals and bakery products (-4.6 percent). Prices for food away from home (which include restaurant, cafeteria, and vending purchases) rose 0.8 percent. Over the year, food prices rose 9.7 percent. Prices for food at home advanced 11.1 percent since a year ago, with all six major grocery store food group indexes contributing. The other food at home index (sugar, sweets, fats, and oils, for example) contributed most to the increase at 12.3 percent. Prices for food away from home rose 7.9 percent over the same period. Energy The energy index fell 3.6 percent for the two months ending in November, following a 12.5 percent decline in the two months ending in September. The decrease was mainly due to lower prices for gasoline (-8.8 percent), but electricity (-2.8 percent) also fell. The two -month decline was partially offset by a rise in prices for natural gas service. From November 2021 to November 2022, energy prices rose 4.1 percent. Increasing prices for electricity (+8.2 percent) and natural gas service outweighed falling prices for gasoline (-3.2 percent). All items less food and energy The index for all items less food and energy increased 0.9 percent in October and November. Higher prices for owners' equivalent rent of residences (+2.4 percent), rent of primary residence (+3.4 percent) and public transportation were partially offset by lower prices for medical care services, used cars and trucks (-4.8 percent), and recreation (-2.0 percent). Over the year, the index for all items less food and energy rose 6 7 percent. Components contributing to the increase included owners' equivalent rent of residences (+8.9 percent), rent of primary residence (+12.9 percent), new vehicles, and household furnishings and operations (+7.1 percent). The January 2023 Consumer Price Index for the Denver -Aurora -Lakewood area is scheduled to be released on Tuesday, February 14, 2023. Technical Note The Consumer Price Index (CPI) measures the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CFI -U) which covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI -W) which covers approximately 29 percent of the total U.S. population. The CPI -U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retail 1/3 establishments —department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date. For most of the CPI -U the reference base is 1982-84 equals 100. An increase of 7 percent from the reference base, for example, is shown as 107.000. Alternatively, that relationship can also be expressed as the price of a base period market basket of goods and services rising from $100 to $107. For further details see the CPI home page on the internet at www.bls.gov/cpj and the CPI section of the BLS Handbook of Methods available on the internet at www.bls.gov/opub/hom/cpJ. In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Denver -Aurora -Lakewood metropolitan area is comprised of Adams, Arapahoe, Broomfield, Clear Creek, Denver, Douglas, Elbert, Gilpin, Jefferson, and Park counties in Colorado. Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: (202) 691-5200; Telecommunications Relay Service: 7-1-1. Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods, Denver -Aurora -Lakewood, CO (1982-84=100 unless otherwise noted) Indexes Percent change from - Item and Group Sep. 2022 Oct. 2022 Nov. 2022 Nov. 2021 Sep. 2022 Oct. 2022 All items 308.211 - 309.655 6.9 0.5 - All items (1967 = 100) 1,027.754 - 1_ 1,032.569 Food and beverages 288.387 - 286.631 9.5 -0.6 - Food 295.451 - 293.347 9.7 -0.7 - Food at home 277.635 279.073 272.689 11.1 -1.8 -2.3 Cereals and bakery products 336.785 - 321.330 12.3 -4.6 - Meats, poultry, fish, and eggs 288.711 - 273.991 5.8 -5.1 - Dairy and related products 229.512 - 233.699 15.1 1.8 - Fruits and vegetables 307.252 - 305.933 10.9 -0.4 - Nonalcoholic beverages and beverage materialsw 193.640 - 189.783 14.1 -2.0 Other food at home 249.335 - 249.784 12.3 0.2 - Food away from home _a 317.803 - 320.367 7.9 0.8 - Alcoholic beverages 225.612 - 226.971 7.0 0.6 - Housing 306.802 - 314.553 9.6 2.5 - Shelter 354.677 359.376 364.471 10.0 2.8 1.4 Rent of primary residence 373.097 379.833 385.681 12.9 3.4 1.5' Owners' equivalent rent of residences(?) 349.353 353.044 357.893 8.9 2.4 1.4 Owners' equivalent rent of primary residences) 349.353 353.044 357.893 8.9 2.4 1.4 Fuels and utilities 268.097 - 273.947 9.3 2.2 - Household energy 181.118 183.942 184.565 11.8 1.9 0.3 179.023 181.643 182.3991! 11.5, 1.9 0.4 Energy services Electricity 179.871 179.871 174.782 8.2 -2.8 -2.8 Utility (piped) gas service - -i -• - - - Household furnishings and operations 140.312 - 141.7564 7.1 1.0 - Apparel 111.816 - 112.326 5.3 0.5 - 318.568 - 316.690 4.2 -0.8 - Transportation Private transportation 320.743 - 316.048 3.8 -1.5 -, New and used motor vehicles(1 134.301 - 133.181 - -0.8 - New vehicles(i) I 249.790 - 252.520 - 1.1 - 386.087 -1.3 -4.8 -' Used cars and trucked) 405.570 - Motor fuel 311.201 306.576 286.380 -1.4 -8.0 -6.6 Gasoline (all types) 306.419 301.050 279.590 -3.2 -8.8 -7.1 Gasoline, unleaded regulars) 298.271 292.855 271.342 -3.5 -9.0 -7.3 Gasoline, unleaded midgrade(4li) 300.520 295.225 275.909 -2.5 -8.2 -6.5 Gasoline, unleaded premium(4) 331.120 326.230 305.933 -1.9 -7.6 -6.2 (1) Indexes on a January 1978=100 base. (2) Indexes on a November 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Index on a December 1993=100 base. - Data not available. 2/3 Item and Group Indexes Percent change from - Sep. 2022 Oct. 2022 Nov. 2022 Nov. 2021 Sep. 2022 Oct. 2022 Medical care - - 690.124 3.8 - - RecreatlonQ) 176.009 - 172.478 2.3 -2.0 - Education and communication( 126.193 - 126.322 0.3 0.1 - Tuiition, other school fees, and childcare(U 1,117.772 - 1,117.930 0.7 0.0 Other goods and services 424.481 - 423.484 6.3 -0.2 - Commodity and service group Commodities 208.585 - 206.058 5.8 -1.2 - Commodities less food and beverages 168.972 - 166.353 3.7 -1.5 - Nondurables less food and beverages 204.707 - 199.864 3.9 -2.4 - Durables 133.374 - 132.153 4.0 -0.9 - Services 395.256 - 400.853 7.6 1.4 - Special aggregate indexes All items less shelter 285.912 - 283.518 5.2 -0.8 - All items less medical care 289.478 - 292.084 7.2 0.9 - Commodities less food I 171.353 - 168.853 3.9 -1.5 - Nondurables 246.811 - 243.410 7.0 -1.4 - Nondurables less food 205.989 - 201.675 4.1 -2.1 - Services less rent of shelter(?) 447.814 - 446.272 4.5 -0.3 - Services less medical care services 367.966 - 376.068 8.2 2.2 - Energy 240.181 239.856 231.547 4.1 -3.6 -3.5 Ali items less energy 316.313 - 318.574 7.1 0.7 - AllItems less food and energy 321.366 - 324.329 6.7 0.9 - (1) Indexes on a January 1978=100 base. (2) Indexes on a November 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Index on a December 1993=100 base. - Data not available. Last Modified Date: Tuesday, December 13, 2022 U.S. BUREAU OF LABOR STATISTICS Mountain -Plains Information Office Two Pershing Square Building Suite 1190 2300 Main Street Kansas City/ MO 64108 Telephone:1-816-285-7000 www.bls.gov/regionslmountain-plains Contact Mountain -Plains 3/3 1/6/23, 6:53 AM IRS issues standard mileage rates for 2023; business use increases 3 cents per mile I Internal Revenue Service IRS IRS issues standard mileage rates for 2023; business use increases 3 cents per mile IR-2022-234, December 29, 2022 WASHINGTON — The Internal Revenue Service today issued the 2023 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on January 1, 2023, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: • 65.5 cents per mile driven for business use, up 3 cents from the midyear increase setting the rate for the second half of 2022. • 22 cents per mile driven for medical or moving purposes for qualified active -duty members of the Armed Forces, consistent with the increased midyear rate set for the second half of 2022. • 14 cents per mile driven in service of charitable organizations; the rate is set by statute and remains unchanged from 2022. These rates apply to electric and hybrid -electric automobiles, as well as gasoline and diesel -powered vehicles. The standard mileage rate for business use is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs. It is important to note that under the Tax Cuts and Jobs Act, taxpayers cannot claim a miscellaneous itemized deduction for unreimbursed employee travel expenses. Taxpayers also cannot claim a dedu:tion for moving expenses, unless they are members of the Armed Forces on active duty moving under orders to a permanent change of station. For more details see Moving Expenses for Members of the Armed Forces. Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates. Taxpayers can use the standard mileage rate but generally must opt to use it in the first year the car is available for business use. Then, in later years, they can choose either the standard mileage rate or actual expenses. Leased vehicles must use the standard mileage rate method for the entire lease period (including renewals) if the standard mileage rate is chosen. https://www.irs.gov/newsroom/irs-issues-standard-mileage-rates-for-2023-business-use-increases-3-cents-per-mile 1/2 1/6/23, 6:53 AM IRS issues standard mileage rates for 2023; business use increases 3 cents per mile I Internal Revenue Service Notice 2023-03 POF contains the optional 2023 standard mileage rates, as well as the maximum automobile cost used to calculate the allowance under a fixed and variable rate (FAVR) plan. In addition, the notice provides the maximum fair market value of employer -provided automobiles first made available to employees for personal use in calendar year 2023 for which employers may use the fleet -average valuation rule in or the vehicle cents - per -mile valuation rule. Page Last Reviewed or Updated: 29 -Dec -2022 https://www.irs.gov/newsroom/irs-issues-standard-mileage-rates-for-2023-business-use-increases-3-cents-per-mile 2/2 ACORD,, Client#: 1083122 GROUNENG1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 01 /19/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER BSI Insurance Services, LLC P.O. Box 7050 Englewood, CO 80155 800 873-8500 CONTACT NAME: PHONE 800 873-8500 FAX (E-MAILo, Ext): (aC, No): ADDREss: den.certificate@usi.com INSURER(S) AFFORDING COVERAGE NAIL0 INSURER A: Continental Casualty Company 20443 INSURED GROUND Engineering Consultants, Inc. 41 Inverness Drive East Englewood, CO 80112 INSURER B : Continental Insurance Company 35289 Berkley Insurance Company INSURERC: y P y 32603 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 38793021 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. LTRR TYPE OF INSURANCE UAL UDR POLICY NUMBER (MMIDD/YYYY) AEA) POLICY EXP ;L D/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE El OCCUR X X 6049524270 06/06/2022 06/06/2023 EACHOCCURRENCE$1,000,000 PREMISES (Ea ocourrDence) s1,000,000 MED EXP (Any one person) $15,000 PERSONAL u ACV INJURY $1,000,000 GENII AGGREGATE LIMIT APPLIES PER: POLICY I!( E C D LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO AOWNEDOS ONLY UTUT X AUTOS ONLY ASCHEDOSULED X NON-OW AUTOS ONLYNED X X 6049524284 06/06/2022 06/06/2023 COMaBINEDt) SINGLE LIMIT (Ea cciden $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLAuAB EXCESS LIAR X OCCUR CLAIMS -MADE X X 6049524317 06/06/2022 06/06/2023 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 DED I XI RETENTION $ 10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X N /A 6049524298 06/06/2022 06/06/2023 X I STATUTE I EOR" E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional and Pollution Liab. Claims Made X AEC905520406 06/06/2022 06/06/2023 $2,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insureds under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Weld County Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Inspection Division ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Ryan Axtman 1111 H Street Greeley, CO 80632 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S38793021/M36089263 SACT DESCRIPTIONS (Continued from Page 1) The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and non contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. Description of Operations: RE Project: 2023 Geotechnical Testing Services Additional Insured: Weld County Public Works SAGITTA 25.3 (2016/031 2 of 2 #S38793021/M36089263 POLICY NUMBER: 6049524284 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 20020004880181703469857 The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 6049524270 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contractor written agreement, provided such contractor agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1-15) Page 2 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its permission. 40020003280181703320248 III I IIIIIIIIIIIIIIIIIIII II I IIIIIIIIIIIIIII I III CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising Injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's lability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or govemmental agency or subdivision or political subdivision's lability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Paae 3 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any govemmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED — EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Page 4 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003260181703320249 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Page 5 of 18 Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement; CNA74858XX (1-15) Page 6 of 18 Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. IIII II 11[[1111 iIIIIIN[II II I Ilglll[[III[[I III CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or tying trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY - EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. Ail medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All. 1. Damages under Coverage B, regardless of the number of locations involved; CNA74858XX (1-15) Page 7 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Pape 8 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.. with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: I. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). it. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local govemmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-15) Page 9 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance CNA74858XX (1-15) Pape 10 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003280181703320252 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited lability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named Insured's co -venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co - venturers, nor of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CNA74858XX (1-15) Page 11 of 18 Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j' Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: I. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15) Pape 12 of 18 Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003260181703320253 MINIM CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX (1-15) Page 13 of 18 Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX (1-15) Pane 14 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. I1II II IIIIIIII IIIIIIIIIII III I IIIIIIIIIIIIII I III CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a govemmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-15) Page 15 of 18 Copyright CNA All Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Page 16 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. (.f ti C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: - 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, • college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. GNA74858XX (1-15) Page17of18 Copyright CNA Al Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858XX (1-15) Pape 18 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 6049524270 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlI CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. IL But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher Omit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.. with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable; 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Pane2of2 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.. with its permission. 6049524284 ANA Business Auto Policy Policy Endorsement EXTENDED COVERAGE ENDORSES ENT - BA PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to SECTION II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability policy providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability policy providing auto coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. Policy, as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.121, the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee SECTION II, Paragraph B.5 does not apply. Form No: SCA 23 500 D 110-2011) Page: 1 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Towing SECTION III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to SECTION III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C. Transportation Expenses SECTION III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. D. Loss of Use Expenses SECTION III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. E. Personal Property The following is added to SECTION III, Paragraph A.4. c. We will pay up to $500 for loss to Personal Property which is: (1► Owned by an insured; and (21 In or on the covered auto. This coverage applies only in the event of a total theft of your covered auto. This insurance is excess over any other collectible insurance and no deductible applies. F. Rental Reimbursement The following is added to SECTION III, Paragraph A.4.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of loss to a covered auto. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered auto. No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered auto; or, (b) 15 days. 2. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of $375. Form No: SCA 23 500 D (10-20111 Page: 2 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement 3. This coverage does not apply while there are spare or reserve autos available to you for your operations. 4. If loss results from the total theft of a covered auto of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G. Hired "Autos" The following is added to SECTION III. Paragraph A.: 5. Hired Autos If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned autos. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per accident. H. Airbag Coverage The following is added to SECTION III, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. Electronic Equipment SECTION III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. J. Diminution In Value The following is added to SECTION III, Paragraph B.6. Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and Form No: SCA 23 500 D (10-20111 Page: 3 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 ° Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (21 20% of the auto's actual cash value (ACV) III. Drive Other Car Coverage — Executive Officers The following is added to SECTIONS II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your executive officers, except: a. An auto owned by that executive officer or a member of that person's household; or b. An auto used by that executive officer while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1) Equal to the greatest of those coverages afforded any covered auto; and (21 Excess over any other collectible insurance. 2. For purposes of this provision, executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such executive officers are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to SECTION IV, Paragraph A.2.a. (41 Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to SECTION IV, Paragraph A.2.b. (61 Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to SECTION IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C. Policy Period, Coverage Territory SECTION IV, Paragraphs 7.15).1a1. is revised to provide: Form No: SCA 23 500 D 110-2011) Page: 4 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement a. 45 days of coverage in lieu of 30 days V. DEFINITIONS SECTION V. Paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these Form No: SCA 23 500 D (10-20111 Page: 5 of 5 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 6049524298 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) 9 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright 1 983 National Council on Compensation Insurance. EXHIBIT A 1 WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE 2022 Geotechnical Testing Services (with options for 2023-2024) January 2022 for Weld County Public Works Inspection Division 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 B2200048 1 2 TABLE OF CONTENTS Notice to Bidders , Instructions to Bidders Scope of Services , Schedule Contacts Terms and Conditions Fee Schedule Submittal Requirements Signature Page Sample Agreement Page # 3 4 5-6 7 7 7 6-10 11 11 12-20 B2200048 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: January 10, 2022 BID NUMBER: B2200048 DESCRIPTION: Geotechnical Testing Services DEPARTMENT: Public Works BID OPENING DATE: JANUARY 31, 2022 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: On -Call Services for Geotechnical Testing, Construction Materials Testing, and Pavement Designs for projects located throughout Weld County. Bids will be received until: January 31, 2022 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on January 31, 2022 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone Number (720) 439-5261 Conference ID: 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request: On the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County: Email. Emailed bids are required. Email bids to: bids@weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet is 500 MB. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400-4223 or 4222 with any questions. PDF format is required. B2200048 3 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president.. secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. B2200048 4 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: 1. Purpose Weld County is soliciting proposals from qualified firms to provide geotechnical testing services to supplement Weld County's needs. One consultant will be selected for the Geotechnical Services as described below. 2. Qualifications and Scope of Services The services will generally consist of geotechnical construction material testing services. AASHTO ME pavement designs are also included in the scope of services. Weld County Public Works - Engineering has several projects in 2022 which may require geotechnical services. Required construction material testing services include but are not limited to: Asphalt extraction and gradation; aggregate sampling at asphalt plant and/or borrow sources; gradation; concrete physical property and strength testing; soil testing such as proctor and nuclear field density testing. All procedures shall be in accordance with the most current Colorado Department of Transportation (CDOT) Field Materials Manual and forms, AASHTO and ASTM standards. Personnel and laboratory shall meet the requirements for Colorado Procedure 10 (CP- 10). Item 603 (Senior Field Technician) shall have all certifications from the sampling and testing personnel qualifications listed in (CP-10) and all construction inspector certifications from CDOT's inspector qualification program. 3. Test Result Turnaround Time, Reporting and Sample Pickup: 1. Results, with respect to the following tests, a provisional report shall be reported to Weld County within *24 hours of sample(s) being submitted to the lab. Results may be reported via text message or email. Final report shall be reported to Weld County as soon as possible, but not later than *5 working days from date of sample(s) being submitted to the lab. a. Asphalt Content b. Asphalt Content/Gradation c. Rice Value Determination 2. Results for all remaining testing that is listed in the Fee Schedule shall be reported as soon as possible, but not later than *5 working days from date of sample(s) being submitted to the lab. The only exceptions for reports are items listed below. a. Concrete — Air Content, Temperature, Unit Weight, Yield and Slump results, a field copy shall be left with a Weld County Representative in the field at the time of test. b. Nuclear Field Density (Asphalt and Soil) — A field copy of results shall be left with a Weld County Representative in the field at the time of the test. 3. Final pavement designs and geotechnical results from work, shall be reported at a *maximum of 1 month from start of soil sample collection. Interim lab results, Classifications, Atterberg Limits, Proctors, R -Values, and Soil Chemistry results shall be reported within *two weeks from date of sample(s) collection. a. All field work required for soil sampling, mobilization, drilling, sample collecting, bore hole backfill/repair, traffic control devices and personnel, Method of Handling Traffic (MHTs), and permits are subsidiary to line item 501 - Drilling and Sampling Line Item in schedule. b. A Weld County Right of Way (ROW) permit is required prior to start of any work in Weld County ROW. ROW permit fees will not be collected by Weld County for these permits. An approved traffic control plan/(MHT) is also required prior to start of any work in Weld County ROW. B2200048 5 *Delay in Reporting Test Table Results 105-1 Price Reduction Schedule Reporting Delay Percent Decrease of Line -Item Cost 12 - 24 Hrs. 5% 24-36 Hrs. 10% 36 - 48 Hrs. 20% 2 - 3 Days 40% 3-4Days 60% 4 - 5 Days 80% 5 - 6 Days 100% Use will Project of be this at Managers. the table discretion for decreases to of Contract payment Manager, items of County work Engineer performed and ** It is understood that some material testing procedure timelines take longer than 5 working days to complete. Timeliness in reporting is critical to project schedules and project payments. Delayed reporting of results can and will be enforced according to the table 105-1. Testing results showing discrepancies in testing procedures and erroneous findings will be retested at the firm's expense with enforcement according to the table 105-1 due to delay in reporting of results. 4. Final reports shall be reviewed by Firm's Engineer(s) and Senior staff for accuracy and content. All Lab work will be documented and reported on the appropriate CDOT-style forms, showing process steps for results. Result summaries and final reports can be submitted on appropriate Weld County, CDOT, or Firm's letterheaded report forms. Final reports shall be submitted through a client portal web site. 5. Sample pickup — Material(s) that are sampled by Weld County personnel from project(s) will be left in the "GREEN" drop box located directly behind Weld County Public Works (1111 H Street, Greeley CO, 80632-0758). Sampling technician will contact firm's dispatch for sample pickup and will submit a Materials Documentation form or form 157. Same day pickup is required with exceptions for late day, after 5:00 p.m., and weekend drop offs, in which case next business day before 10:00 a.m. pickup is required. a. Mileage and hourly rates will not be paid for to pick-up samples that have been left in drop box. All costs such as mileage, labor, equipment, typing, reviewing, and report writing to be included in all unit prices submitted with the proposal. b. Mileage is paid for when mileage exceeds 40 miles roundtrip on construction projects only. Roundtrip miles are based off a starting point from Weld County Public Works office (1111 H Street, Greeley CO). 6. Monthly invoices including detailed written monthly progress reports shall be provided for the project duration. The monthly progress reports shall consist of: a. A cover letter outlining all work billed for during the invoice period. b. Backup data showing the personnel working on a task, their hourly rate, descriptions for each task, and the numbers of hours billed to the task. c. A time sheet certification signed by the Consultant's project manager; and d. Sub -Consultant invoices shall include the same information as backup documentation. Whenever possible, Weld County will observe a minimum of 24 hours of notification prior to any request for testing services. However, any of the tests listed on the Fee Schedule could possibly be requested on short notice (2 to 12 hours). B2200048 6 4. Schedule Advertisement: Proposals Due to Purchasing: Proposal Accepted by BOCC: 5. Contacts January 12, 2022 January 31, 2022 February 16, 2022 Questions related to the project and procedures should be directed to: Ryan Axtman - Construction Inspection Supervisor Weld County Public Works 970.304.6496, ext. 3743 raxtman@weldgov.com 6. Terms and Conditions All Consultants will be required to sign Weld County's Professional Services Agreement (work order type). A sample Professional Services Agreement is attached as a separate document. These agreements will dictate procedures for establishing and executing work order type contracts. The payment for services shall be based on unit prices and reimbursement rates for completed services as described under the Scope of Services. The Consultant shall include in their proposal a detailed list of unit costs and reimbursement rates for the services requested. The Professional Services Agreement shall commence approximately MONTH 2022 and continue in full force and effect for one year. At the option of the County, the Professional Services Agreement may be extended for up to two (2) additional years. Increases in the Cost and Mileage Fees may be negotiated for subsequent renewal of up to 2 additional one-year periods. Price changes in the fee schedule will be negotiated by and agreed to by both parties and any increases shall not exceed the Denver -Aurora -Lakewood CPI Index, All Products that is in effect at the time of contract renewal. The Contract may and will be used at the option of other Divisions of Weld County Department of Public Works. In the event other Divisions utilize this Contract, funds paying for the other Division's work shall be taken from the respective Division's budget. Use of Subcontractors: The Consultant shall indicate in their proposal any work intended to be performed by subcontractors or persons outside of the firm. The Consultant shall name the subcontractors, if known at the time the proposal is submitted. If the names of subcontractors are not presented in the proposal, the County reserves the right of approval or rejection. B2200048 7 2022 Geotechnical Services Fee Schedule Est. # of Consultant Firm: Description Item # Unit Tests Per Year Item Cost I Total Soils Att. Limits, Classification, Liquid limit, 101 Ea. 20 $ PL, PI Prep) (Dry (AASHTO T89 & T90) Att. PL, Limits, PI (Wet Classification, Prep) (ASTM Liquid D4318) limit, 102 Ea. 20 $ R -Value (AASHTO T190) 103 Ea. 20 $ Proctor - Standard (AASHTO T99) 104 Ea. 20 $ Proctor - Modified (AASHTO T180) 105 Ea. 20 $ Proctor & CP25) - One Point Check (FMM CP23 106 Ea. 20 $ Nuclear CP80 & Field CP25) Density (3 or more Testing Per (FMM Trip) 107 Hr. 100 $ Gradation (CP30 & CP31) 108 Ea. 60 $ L.A. Abrasion Test T96) (AASHTO 109 Ea. 10 $ Concrete Standard and all testing) Concrete (Set Cylinders of 5) (FMM (Sampling CP 61, 201 30 $ Ea. AASHTO T152, T121; 01064. T119, T23, & ASTM C39) Additional cylinder (Per Each) 202 Ea. 30 $ Compression Break FOB lab) test (Set (Cap, of Cure, 5) and 203 10 $ Ea. Concrete Beams (Set of 3) (FMM CP 204 Ea. 10 $ 61, AASHTO T152, T121, T119, T97, ASTM C39 & C1064) 205 Ea. 10 $ Additional beam (Per Each) Splitting Tensile Strength (Set of 5) 206 Ea. 10 $ C496 (ASTM T198-15) & 0496-11, AASHTO Sand equivalent (FMM CP 30 & CP 37) 207 Ea. 5 $ Air Pot Calibration (ASTM C231) 208 4 $ Ea. Asphalt Gradation L5120) (FMM CP30, CP31 & CP- 301 50 $ Ea. S.G. absorption (Plus #4 material) 302 Ea. 35 $ (AASHTO T85) S.G. (FMM absorption CPL 4102) (Minus #4 material) 303 35 $ Ea. Fractured Face Determination (FMM CP 304 Ea. 15 $ 30, CP 45, & AASHTO T304 A) B2200048 8 Flat Elongated Particles (D4791 Meth B) 305 Ea 15 $ Rice Value (FMM CP 41, CP 55, CP 51 CP 56) 306 Ea 200 $ Lottman Test (FMM CP 41, CP 55, CPL- 5109 & CPL -5115) 307 Ea 5 $ Mix Design Bulk Unit Weight & Hveem Stability Verification (FMM CP 52 & CP 31) 308 Ea 35 $ Bitumen Content by extraction, gradation Analysis of Extracted Agg (FMM CPL 5120 & CP 31,) 309 Ea 150 $ Bitumen Content by Extraction (FMM CPL 5120) 310 Ea 100 $ Density test 3 or more Per Trip (FMM CP44,CP81 &CP82) 311 Hr 50 $ Field Coring Samples 6" Inside Diameter Core Barrel 312 Hr 10 $ Field Coring Samples 4" Inside Diameter Core Barrel 313 Hr 10 $ Bulk specific Gravity (FMM CP 44) 314 Ea 50 $ Air void Percentage (FMM CPL 5115) 315 Ea 20 $ Binder recovered (AASHTO M320) 316 Ea 5 $ Binder Un-recovered (AASHTO R59 & T164) 317 Ea 5 $ HMA / Oven Calibration (Each HMA Mix Design) 318 Ea 20 $ CRS -2R Emulsion Testing Residue by Evaporation - CP L2212/ASTM D6997, Penetration - ASTM D5, Ductility - ATM D113, Ductility Cold Weather - ASTM D5801, Toughness & Tenacity - ASTM 5801 319 Ea 4 $ ` Laboratory Services Unconfined Compression (Set of 3) (ASTM D1633) 401 Ea 80 $ Additional Unconfined Compression Specimen 402 Ea 10 $ One-dimensional Swell test (ASTM D4565) 403 Ea 5 $ Non -Coated Bar (ASTM A370) 404 Ea 5 $ Epoxy Bar (ASTM A370) 405 Ea 5 $ Dust Palliative 406 Ea 5 $ Topsoil Testing 407 Ea 5 $ Resistivity (ASTM G57) 408 Ea 15 $ B2200048 9 Water 2104) Soluble Chloride (FMM CPL 409 15 $ Ea. Water Soluble Sulfate (FMM CPL 2103) 410 Ea. 15 $ 411 Ea. 15 $ pH (AASHTO G51) Sodium C88/C88M) Sulfate Soundness (ASTM 412 5 $ Ea. Miscellaneous Drilling and sampling (Road Designs) 501 40 $ Hr. Hourly rates / Mileage 601 100 $ Principle Engineer and/or Geologist Hr. 602 100 $ Geotechnical Engineer/ Department Manager Hr. Senior Field Technician 603 500 $ Hr. Field Technician 604 Hr. 500 $ Mileage 605 Mile 500 $ $ TOTAL * The successful vendor is required to sign a separate contract (a sample contract is included as a separate document) 1 Testing to determine percent by mass of magnesium chloride, lignin sulfate or equivalent of complex sugars, enhancing or nondetrimental ions and water. 2 pH, % organic, soluble salts, nutrient and micro -nutrient content in accordance with "Method of Soil Analysis conducted by THE Colorado State University Soil Testing Laboratory" or a Certified Soils Laboratory. B2200048 10 PROPOSAL SUBMITTAL REQUIREMENTS - Please return the following to Weld County Purchasing via the "bid delivery" instructions described on page 3. o Complete and return fee schedule - pages 8 thru 10. o Complete and return signature - page 11. o Complete and return IRS Form W-9. o *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. o Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2200048. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE DATE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 7 or 12-20. * The successful vendor is required to sign a separate contract included on pages 12-20 of these bid specifications. B2200048 11 "SAMPLE" PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND [CONTRACTOR] THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). 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, B2200048 12 Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County 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 B2200048 13 a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for B2200048 14 such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc , generated during completion of this work Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this,./Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County With respect to such breach or default No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach: Acceptance by the County of, or payment for, the Work completed under this Agreement shal}I not be construed as a waiver of any of the County's rights under this Agreement or under the law generally'5 13 Insurance Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuantto this Agreement, and shall keep the required insurance coverage in force at all times during the ternof the Agreement, or any extension thereof, and during any warranty period For all coverages, Contractor's,insurer shall waive subrogation rights against County ' a. Types of Insurance. �L H wy tu. Workers' Compensation /Employer's Liabiliiy 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 theappropriate sole proprietor waiver form Commercial G1neralLiabality. Insurance including public liability and property damage, covering all operations regax&l by the, Work Such policy shall include minimum limits as follows $1,000,000 each occurrence, $`1;000,0004eneral aggregate, $1,000,000 Personal, injury $5,000, Medical payment per person , "' Automobile Liability Insurance Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services In the event that the professional liability insurance required by this Contract is written `on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract, and that either continuous coverage will be maintained, or an extended discovery period will be' exercised for a period of two (2) years beginning at the time work under this Contract is completed Minimum Limits $1,000,000 Per Loss, $2,000,000 Aggregate B2200048 15 b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. 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. d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an B2200048 16 duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: Address: E-mail: Phone: 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and B2200048 17 incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall B2200048 18 not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor _and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal -alien within three (3) days of receiving notice Contractor shall not terminate the subcontract if within three daystspe subcontractor provides information to establish that the subcontractor has not knowinglyµemplo'yed:or contracted with an illegal alien Contractor shall comply with reasonable requests made lithe ,course,of an investigation, undertaken pursuant to C R S §8-17 5-102(5), by the Colorado Departrnent'of Labor and Employment If Contractor participates in the State of Colorado program, Contractortshall;.within,twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of 'such employee, retained file copies of the documents, and,not altered, or falsified the identification documents for such employees Contractor shall deliver to ‘,County,.a written notarized affirmation that it has examined the legal work status of such employee and shallconiply with'all of the other requirements of the State of Colorado program If Contractor fails to comply with any, requirement of this provision or of C R S §8-17 5-101 et seq , County, may terminate this Agreement,fo? breach, and if so terminated, Contractor shall be liable for actual and consequential damages Except where exempted by federal law and except as provided in C R S § 24-76 5-103(3), if Contractor receives federal or state funds under the contract, Contracto must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the'United States pursuant to C R S § 24-76 5-103(4), if such individual applies for public benefits provided, under the contract If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty, of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C R S§ 24=7,6 5-101, et seq , and (c) shall produce one of the forms of identification required by C R S § 24-76 5x103 prior to the effective date of the contract 31. Attorney°s4ees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, tIie,partiesagree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred boon its own behalf 32. Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra -judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement B2200048 19 CONTRACTOR: By: Name: Title: Date of Signature WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Scott K. James, Chair B2200048 20 January 12, 2021 Bid Request No B2200048,,2022 Geotechnical Testing Services Weld County, Colorado ADDENDUM NUMBER ONE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT Revisions to SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING pages 5-6 3 Test Result Turnaround Time, Reporting and Sample Pickup Material samples shall be submitted to the Contracted Firm's/Owners Acceptance (OA) lab within one (1) working day from the date the sample(s) are taken Except as specified herein, the lab shall adhere to the procedures and timeframes provided for each respective test Anticipated procedure timelines for single item testing have been added to the Fee Schedule for each item Testing procedures for multiple tests on one sample shall be performed concurrently Final reporting will be based on the longest procedure timeline if multiple tests are requested An interim report shall be made available as individual testing within a multiple test sample has been completed 2 Results, with respect to the following tests, of a provisional report shall be reported to Weld County within (*24) hours of sample(s) being submitted to the OA lab Interim results may be reported via text message or email Final report shall be reported to Weld County as soon as possible, but not later than five (*5) working days from date of sample(s) being submitted to the OA lab a Asphalt Content b Asphalt Content/Gradation c Rice Value Determination 3 Results for all remaining testing that is listed in the Fee Schedule shall be reported as soon as possible, but not later than two (*2) working days from completion of lab procedure(s) and final review The following tests additionally require field reports to be provided at the time the sample(s) are taken a Concrete — Air Content, Temperature, Unit Weight, Yield and Slump results, a field copy shall be left with a Weld County Representative in the field at the time of test I Concrete break results shall be reported within one (1) working day from date of sample(s) lab procedure completion and final review b Nuclear Field Density (Asphalt and Soil) — A field copy of results shall be left with a Weld County Representative in the field at the time of the test No OA lab testing is required unless otherwise specified 4 Final pavement designs and geotechnical results from work, shall be reported at a *Maximum of two (2) months from start of soil sample collection Interim lab results, Classifications, Atterberg Limits, Proctors, R -Values, and Soil Chemistry results shall be reported within one (*1) month from date of sample(s) collection a All field work required for soil sampling, mobilization, drilling, sample collecting, bore hole backfill/repair, traffic control devices and personnel, Method of Handling Traffic (MHTs), and permits are subsidiary to Item 501 - Drilling and Sampling in the schedule. b. A Weld County Right of Way (ROW) permit is required prior to start of any work in Weld County ROW. ROW permit fees will not be collected by Weld County for these permits. An approved traffic control plan/(MHT) is also required prior to start of any work in Weld County ROW. *Delay in Reporting Test Table Results 105-1 Price Reduction Schedule Reporting Delay Percent Decrease of Line -Item Cost 12 - 24 Hrs. 5% 24 - 36 H rs. 10% 36 - 48 H rs. 20% 2-3 Days 40% 3-4 Days 60% 4 - 5 Days 80% 5 - 6 Days 100% Use will Project of be this at Managers. the table discretion for decreases of Contract to payment Manager, items of work Engineer performed and County I Timeliness in reporting is critical to project schedules and project payments. Delayed reporting of results can and will be enforced according to the table 105-1. II. Testing results showing discrepancies in testing procedures and erroneous findings will be retested at the firm's expense with enforcement according to the table 105-1 due to delay in reporting of results. Revisions to 2022 Geotechnical Services Fee Schedule pages 9-11, adding in expected Working Day Test Time Description Working Day Testing Times Item Item # Unit Est # of Tests Per Year Firm Name Item Cost Total sods Att Limits, Classification, Liquid hmrt, P L, PI (Dry Prep) (AASHTO T89 & T90) 2 Days 101 Ea 20 $ $ Att Limits, Classification, Liquid limit, P L, PI (Wet Prep) (ASTM 04318) 3 Days 102 Ea 20 $ $ R -Value (AASHTO T190) 5 Days 103 Ea 20 $ $ Proctor - Standard (AASHTO T99) 2 Days 104 Ea 20 $ $ Proctor- Modified (AASHTO T180) 2 Days 105 Ea 20 $ $ Proctor - One Point Check (FMM CP23 & CP25) Same Day 106 Ea 20 $ $ Nuclear Field Density Testing (FMM CP80 & CP25) (3 or more Per Trip) Same Day 107 Hr 100 $ $ Gradation (CP30 & CP31) 2 Day 108 Ea 60 $ $ L A Abrasion test (AASHTO T96) 4 Days 109 Ea 10 $ $ Concrete Standard Concrete Cylinders (Sampling and all testing) (Set of 6) (FMM CP 61, AASHTO T152,1121, C1064, T119, T23, & ASTM C39) Needed 201 Ea 30 $ $ Additional cylinder (Per Each) 202 Ea 30 $ $ Compression test (Cap, Cure, and Break FOB lab) (Set of 6) 1 Day 203 Ea 10 $ $ Concrete Beams (Set of 3) (FMM CP 61, AASHTO T152, T121, T119, T97, ASTM C39 & C1064) 1 Day 204 Ea 10 $ $ Additional beam (Per Each) 205 Ea 10 $ $ Splitting Tensile Strength (Set of 6) (ASTM C496 & C496-11, AASHTO T198-15) i Day 206 Ea 10 $ $ Sand equivalent (FMM CP 30 & CP 37) 2 Days 207 Ea 5 $ $ Air Pot Calibration (ASTM C231) 1 Day 208 Ea 4 $ $ Asphalt Gradation (FMM CP30, CP31 & CP L5120) 1 Day 301 Ea 50 $ $ S G absorption (Plus #4 material) (AASHTO T85) 2 Days 302 Ea 35 $ $ S G absorption (Minus #4 material) (FMM CPL 4102) 2 Days 303 Ea 35 $ $ Fractured Face Determination AASHTO T304 A) (FMM CP 30, CP 45, & 2 Days 304 Ea. 15 $ $ Flat Elongated Particles (D4791 Meth. B) 2 Days 305 Ea. 15 $ $ Rice Value (FMM CP 41, CP 55, CP 51 & CP 56) 1 Day 306 Ea. 200 $ $ Lottman 5115) Test (FMM CP 41, CP 55, CPL -5109 & CPL - 6 Days 307 Ea. 5 $ $ Mix Design Bulk Unit Weight & Verification (FMM CP 52 & CP 31) Hveem Stability 3 Days 308 Ea. 35 $ $ Bitumen Content by extraction, gradation Analysis of Extracted Agg. (FMM CPL 5120 & CP 31,) 2 Days 309 Ea. 150 $ $ Bitumen Content by Extraction (FMM CPL 5120) 1 Day 310 Ea. 100 $ $ Density test 3 or more Per Trip (FMM CP 44, CP 81 & CP 82) Same Day 311 Hr. 50 $ $ Field Coring Samples 6" Inside Diameter Core Barrel 312 Hr. 10 $ $ Field Coring Samples 4" Inside Diameter Core Barrel 313 Hr. 10 $ $ Bulk specific Gravity (FMM CP 44) 1 Day 314 Ea. 50 $ $ Air void Percentage (FMM CPL 5115) 1 Day 315 Ea. 20 $ $ Binder recovered (AASHTO M320) 3 Days . 316 Ea. 5 $ $ Binder Un-recovered (AASHTO R59 & T164) 4 Days 317 Ea. 5 $ $ HMA / Oven Calibration (Each HMA Mix Design) 2 Days 318 Ea. 20 $ $ CRS -2R Emulsion Testing: Residue by Evaporation - CP L2212/ASTM D6997, Penetration - ASTM D5, Ductility - ATM D113, Ductility Cold Weather - ASTM D5801, Toughness & Tenacity - ASTM 5801 7 Days 319 Ea. 4 $ $ , Laboratory Services Unconfined Compression (Set of 3) (ASTM D1633) 1 Day 401 Ea. 80 $ $ Additional Unconfined Compression Specimen 402 Ea. 10 $ $ One-dimensional Swell test (ASTM D4565) 3 Days 403 Ea. 5 $ $ Non -Coated Bar (ASTM A370) 8 Days 404 Ea. 5 $ $ Epoxy Bar (ASTM A370) 8 Days 405 Ea. 5 $ $ Dust Palliative 7 Days 406 Ea. 5 $ $ Topsoil Testing 7 Days 407 Ea. 5 $ $ Resistivity (ASTM G57) 3 Days 408 Ea. 15 $ $ Water Soluble Chlonc. (FMM CPL 2104) 3 Days 409 Ea 15 $ $ Water Soluble Sulfate-(FMM CPL 2103) 3 Days 410 Ea 15 $ $ pH (AASHTO G51) 2 Days 411 Ea 15 $ $ Sodium Sulfate Soundness (ASTM C88/C88M) 14 Days 412 Ea 5 $ $ Miscellaneous Drilling and sampling As Needed 501 Hr 40 $ $ Hour[y rates / Mileage Principle Engineer andJor Geologist 601 Hr 100 $ $ Geotechnical Engineer/ Department Manager 602 Hr 100 $ $ Senior Field Technician 603 Hr 500 $ $ Field Technician 604 Hr 500 $ $ Mileage 605 We 500 $ $ TOTAL $ Bid Request No. B2200048, 2022 Geotechnical Testing Services Weld County, Colorado ADDENDUM NUMBER TWO The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: Contractor Questions and Responses - 01/19/2022 All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. CONTRACTOR QUESTIONS AND RESPONSES Question #1: Item 603 Qualifications for Senior Technician Clarification. Answer: Senior Technician Qualifications are based on years of service working on DOT projects, a minimum of 3 years of continual experience, and currently possessing these certifications: WAQTC ACI Grade I LABCAT A&B CDOT Inspector — Basic Math, Survey and Plan Reading ACPA Concrete Pavement Inspector Question #2: Use of Firm's lab forms and templates. Answer: Firms may submit necessary lab forms for review that conform to Weld County and CDOT standards of lab procedures in lieu of CDOT style forms on a case -by -case basis. Forms shall be legible and contain all pertinent information i.e., weights, times, temperatures, and other key aspects of the procedure. All sampling and testing steps outlined on the forms shall be easily followed to final results. Forms shall be in an Excel style format and not hand produced. Question #3: Concrete Cylinder Pickup time charges. Answer: Technician time by hours can be charged for next day cylinder pickup with exception of sample pickups from Weld County Public Works. Mileage charges shall not be charged for sample pickup at Weld County Public Works office or projects within a 40 -mile round trip from the Weld County Public Works office at 1111 H St., Greeley CO. Question #4: Charges for Department Manager (DM) time. Answer: See section 3. Test Result Turnaround Time, Reporting and Sample Pickup, paragraph 6, bullet point (a). DM time may be charged for: Pre -Construction Meetings, Weekly Project Progress Meetings, or Consultation Meetings. If a special review is necessary for lab and inspection results by DM, DM will need to directly contact the Weld County Project Manager for briefing of special review. Mileage charges will not be charged unless mileage exceeds the 40 -mile round trip from Weld County Public Works office at 1111 H St., Greeley CO. Question #5: Invoicing summary criteria. Answer: A typical Invoice will include: An item -by -item detailed invoice of all work billed per month per Internal Accounting form (IA) or project Invoices will include sample ID numbers, billing codes used (see Fee Schedule for billing codes) and quantities of each represented test Firms may be requested at any time to supply a more detailed invoice, See section 3 Test Result Turnaround Time, Reporting and Sample Pickup, paragraph 7, bullet points (a -d), by the Weld County Project Manager for audit or review purposes Bid Request No B2200048, 2022 Geotechnical Testing Services Weld County, Colorado ADDENDUM NUMBER THREE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT Contractor Questions and Responses - 01/19/2022 - 1/20/2022 All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged BIDDER must acknowledge receipt of this addendum in the space provided in the BID Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored CONTRACTOR QUESTIONS AND RESPONSES Question #6 On asphalt — Air voids % is referenced as a test Is this supposed to include gyratory and rice or is it just the calculation to perform air voids? Answer This should have been called out as "CP 44 & CPL 5115" For bidding purposes, bid this item as Method A (A) uses a gyratory compacted sample and bulk specific of the specimen, and the subsequent calculations Bid Request No. B2200048, 2022 Geotechnical Testing Services Weld County, Colorado ADDENDUM NUMBER 4 1. NOTICE TO BIDDERS, Page 3 paragraph 2, Bids will be received until: January 31, 2022 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on January 31, 2022 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone Number (720) 439-5261 Conference ID: 2. NOTICE TO BIDDERS, Page 3 paragraph 2, -SHOULD READ: Bids will be received until: January 31, 2022 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on January 31, 2022 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone Number (720) 439-5261 Conference ID: 997948565 All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged BIDDER must acknowledge receipt of this addendum in the space provided in the BID Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents Addendum No Date By Addendum No Date By Addendum No Date By Addendum No Date By Contractor agrees to perform all Work described in the Contract Documents for the prices as shown in the Bid Tabulation Progress payments shall be based on a percentage of the Lump Sum price shown in the bid tabulation which has been completed or the actual quantities furnished, installed or constructed The undersigned, by his/her signature, hereby acknowledges and represents that Performance of each and every portion of the Work is included as part of the Contractor's Price 2 All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit and services relating to the Contractor's performance of its obligations under the Contract Documents (including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor and intellectual property rights necessary to perform the Work) are included as part of the Contractor's Price 3 The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility of the County, as specifically provided elsewhere in the Contract Documents) is included as part of the Contractor's Price 4 All costs of compliance with and maintenance of the Governmental Approvals and compliance with legal requirements are included as part of the Contractor's Price 5 Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor, or services included therein are included a part of the Contractor's Price 6 All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price 7 The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No #B2100137 8 The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation. 9. The signed bid submitted, all the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 10. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE E-MAIL DATE FAX TAX ID # **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. EXHIBIT B Rose Everett From: Sent: To: Subject: Attachments: Levi Klingsmith <levi.kiingsmith@groundeng.com> Sunday, January 30, 2022 1:57 PM bids Response to RFP B2200048, 2022 Geotechnical Testing Services Completed Fee Schedule.pdf; Executed Addendurs 1-4.pdf; Signature Page 11 - Executed.pdf; W9.pdf Cautionu This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Please find our attached response to the RFP B2200048 for Geotechnical Testing Services. Attached are the following attachments: • Completed Fee Schedule • Addendums 1-4, Acknowledgement and Executed Forms • Signature Page 11 Executed • W9 Additionally, we have reviewed the sample contract. We have previously negotiated with Weld County on past contracts regarding a few minor requested changes to the language in the Indemnity section (page 16, item 14). We would propose similar changes to the professional services agreement with Weld County, if selected. I hereby waive my right to a sealed bid. If you have any questions or concerns regarding our submittal, or if you need any additional information from us at this time, please let me know. Regards, Levi Levi Klingsmith Manager of Business Development 8111011174111 ENGINEERING GROUND Engineering Consultants, Inc. 2468 East 9`h Street, Loveland, CO 80537 Office 970-622-0800 • 303-827-8132 cell www.groundeni;.corn 1 Revisions to: 2022 Geotechnical Services Fee Schedule pages 9-11, adding in expected Working Day Test Time Description Working Testing Day Item # Unit Tests Est. # of Ground Firm Engineering Name: Per Year (tern Cost Total Times Soils Att. Limits, Classification, Liquid limit, P1, PI (Dry (AASHTO 789 & T90) Prep) 2 Days 0 101 Ea. 20 $ 50 i $ 1,000 (ASTM Aft. Limits, Classification, D4318) Liquid limit, P.L, Pi (Wet Prep) 3 Days 102 Ea. 20 $ 50 $ 1,000 R -Value (AASHTO T190) 5 Days 103 Ea. 20 $ 250 $ 5,000 Proctor - Standard (AASHTO T99) 2 Days 104 Ea. 20 $ 100 $ 2,000 Proctor - Modified (AASHTO T180) 2 Days 105 Ea. . 20 $ 100 $ 2,000 Proctor - One Point Check (FMM CP23 & CP25) Same Day 106 Ea. 20 $ 40 $ 800 Nuclear more Field Per Trip) Density Testing (FMM CPSO & CP25) (3 or Same Day 107 Hr. 100 $ 65 $ 6,500 Gradation (CP30 & CP31) 2 Day 108 Ea. 60 $ 60 $ 3,600 L.A. Abrasion test (AASHTO 796) 4 Days 109 Ea. 10 $ 150 $ 1,500 WiLiii _ ♦ Standard (Set of 6) T119, T23, Concrete Cylinders (FMM CP 61, AASHTO & ASTM C39) (Sampling T152, and all testingAs T121, C1064, Needed T f 201 _ Ea. 30 $ 225 _ 1 $ 6,750 Additional cylinder (Per Each) - 202 Ea. 30 $ 14 $ 420 Compression of 6) test (Cap, Cure, and Break FOB lab) (Set 1 Day 203 Ea. 10 $ 84 $ 840 Concrete 1121, Beams 1119, T97, (Set of 3) ASTM C39 (FMM CP & C1064) 61, AASHTO T152, 1 Day 204 Ea. 10 $ 250 1 $ 2,500 . Additional beam (Per Each) 205 Ea. 10 $ 50 $ 500 Splitting Tensile C496-11, AASHTO Strength T198-15) (Set of 6) (ASTM C496 & 206 Ea. 10 $ 300 $ 3,000 ' I Day Sand equivalent (FMM CP 30 & CP 37) 2 Days 207 Ea. 5 $ 80 $ 400 Air Pot Calibration (ASTM C231) 1 Day 208 Ea. 4 $ 0 $ 0 Gradation (FMM CP30, CP31 & CP-15120) 1 Day 301 Ea. 50 $ 60 $ 3,000 S.G. absorption (P us #4 material) (AASHTO 185) 2 Days 302 Ea. 35 $ 45 $ 1,575 S.G. absorption (Minus #4 material) (FMM CPL 4102) 303 Ea. 35 $ 55 $ 1,925 2 Days Fractured Face Determination (FMM AASHTO T304 A) CP 30, CP 45, & Z Days 304 Ea. 15 $ SQ $ 750 Flat Elongated Particles (D4791 Meth. B) 2 Days 305 Ea. 15 r $ 40 $ 600 Rice Value (FMM CP 41, CP 55, CP 51 & CP 56) 1 Day 306 Ea. 200 I $ 80 $ 16,000 Lottman 5115) Test (FMM CP 41, CP 55, CPL -5109 & CPL- 6 Days 307 Ea. 5 $ 325 $ 1,625 Mix Design Bulk Unit Weight & Hveem Verification (FMM CP 52 & CP 31) Stability 308 Ea. 35 $ 340 $ 11,90 3 Days Bitumen Content by extraction, gradation Analysis of Extracted Au. (FMM CPL 5120 & CP 31,) Z Days 309 Ea. 150 $ 140 $ 21,OOC Bitumen Content by Extraction (FMM CPL 5120) 1 Day J 310 Ea. 100 $ 70 $ 7,00C Density CP82) test a or more Per Trip (FMM CP 44, CP 81 & 311 p Hr. V 50 $ 65 $ 3,250 Same Day Field Coring Samples 6" Inside Diameter Core Barrel 312 Hr. 10 $ 75 $ 750 Field Coring Samples 4" Inside Diameter Core Barrel 313 Hr. 10 $ ?5 $ 750 Bulk specific Gravity (FMM CP 44) 1 Day 314 Ea. SO $ 40 $ 2,000 Air void Percentage (FMM CPL 5115) 1 Day 315 Ea. 20 $ 55 $ 1,100 Binder recovered (AASHTO M320) 3 Days 316 Ea. 5 $ 400 $ 2,000 Binder Un-recovered (AASHTO R59 & T164) 4 Days 317 Ea. 5 $ 400 $ 2,000 HMA / Oven Calibration (Each HMA Mix Design) 318 Ea. 20 $ 300 $ 6,00C 2 Days CRS -2R Emulsion Testing: Residue by Evaporation - CP L2212/ASTM D6997, Penetration - ASTM DS, Ductility - ATM D113, Ductility Cold Weather - ASTM D5801, Toughness & Tenacity - ASTM 5801 7 Days 319 Ea. 4 $ 400 $ 1,600 laboratonr Servii Unconfined Compression (Set of 3) (ASTM D1633) 1 Day 401 Ea. 80 $ 60 $ 4,800 Additional Unconfined Compression Specimen 402 Ea. 10 $ 20 200 One-dimensional Swell test (ASTM D4565) 403 Ea. 5 e $ 60 $ 300 3 Days Non -Coated Bar (ASTM A370) 8 Days 404 Ea. 5 $ 200 $ 1,000 Epoxy Bar (ASTM A370) 405 Ea. 5 $ 200 $ 1,000 8 Days Dust Palliative 7 Days 406 Ea. 5 $ 100 $ 500 Topsoil Testing 407 Ea. 5 $ 75 $ 375 7 Days Resistivity (ASTM G57) 3 Days 408 Ea. 15 0 $ 60 i $ 900 Water Soluble Chloride (FMM CPL 2104) __. 3 Days 409 - Ea. 15 $ 50 $ 750 Water Soluble Sulfate (FMM CPL 2103) 3 Days 410 Ea. 15 $ 50 $ 750 pH (AASHTO G51) 2 Days 411 Ea. 15 $ 50 $ 7S0 Sodium Sulfate Soundness (ASTM CBS/C8SM) 412 Ea. 5 $ 200 $ 1,000 14 Days Mi;cellaneogs Drilling and sampling Needed 501 Hr. 40 $ 300 $ 12,0(11 Howdy fail 1 Mileage Principle Engineer and/or Geologist 601 Hr. 100 $ 95 $ 9,50( Geotechnical Engineer/ Department Manager 602 1 -in 100 $ 95 $ 9,50 Senior Field Technician 603 Hr. 500 $ 60 $ 30,0 I Field Technician 604 Hr. 500 $ 50 $ 25,0 Mileage 605 Mlle 500 $ 1 $ 500 TOTAL $ 221,460 All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged BIDDER must acknowledge receipt of this addendum in the space provided in the BID Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored CONTRACTOR QUESTIONS AND RESPONSES Prepared By Ryan Axtman, Weld County Public Works Construction Inspection Supervisor RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents Addendum No 1 Date - 1112/22 By JZ Addendum No 2 Date 1/19/22 By JZ Addendum No 3 Date 1/21/22 By JZ 4 1/26/22 JZ Addendum No Date By Contractor agrees to perform all Work described in the Contract Documents for the prices as shown in the Bid Tabulation Progress payments shall be based on a percentage of the Lump Sum price shown in the bid tabulation which has been completed or the actual quantities furnished, installed or constructed The undersigned, by his/her signature, hereby acknowledges and represents that 1 Performance of each and every portion of the Work is included as part of the Contractor's Pnce 2 All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit and services relating to the Contractor's performance of its obligations under the Contract Documents (including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor and intellectual property rights necessary to perform the Work) are Included as part of the Contractor's Pnce. 3 The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility of the County, as specifically provided elsewhere in the Contract Documents) is included as part of the Contractor's Price 4 All costs of compliance with and maintenance of the Governmental Approvals and compliance with legal requirements are included as part of the Contractor's Pnce 5 Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor, or services included therein are included a part of the Contractor's Price 6 All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price 7. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #82100101 8. The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation. 9. The signed bid submitted, all the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 10. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Ground Engineering Consultants, Inc. BY Joseph Zorack, PE BUSINESS 2468 East 9th Street ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE joe.zorack@groundeng. cdm E-MAIL Loveland, Colorado 80537 (Please print) 1/28/22 DATE 970-622-0800 F 70-622-0801 840946714 TAX ID# **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. Revisions to: 2022 Geotechnical Services Fee Schedule pages 9-11, adding in expected Working Day Test Time -- - Description Working Testing Times Day Item # T Unit Est, # of Tests Per Year Ground Firm Engineering Name: Item Cost I Total (AASHTO I~-- Mt. Limits, T89 Classification, & T90) Liquid limit, P.L, PI (Dry Prep) T - 101 I Ea. r - 20 — r $ 50 $ 1,000 2 Days (ASTM Att. Limits, Classification, 04318) Liquid limit, P.L, PI (Wet Prep) . 102 Ea 20 $ --. 50 1,000 , 3 Days R -Value (AASHTO T190) 5 Days 103 Ea. 20 $ 250 $ 5,000 Proctor - Standard (AASHTO T99) 2 Days 104 Ea. 20 $ 100 --, $ 2,000 Proctor - Modified (AASHTO T180) 2 Days 105 Ea. 20 $ 100 $ 2,000 Proctor - One Poin: Check (FMM I CP23 & CP25) Same Day = 106 Ea. 20 $ 40 $ 800 Nuclear Field Density more Per Trip) Testing (FMM CPSO & CP25) (3 or Same Day 107 Hr. 100 $ 65 $ 6,500 Gradation (CP30 & CP31) 108 Ea. 60 $ 60 $ 3,600 2 Day L.A. Abrasion test (AASHT0196) 4 Days 109 Ea. 10 $ 150 $ 1,500 c.ncre;e Standard (Set of 6) T119, T23, Concrete Cylinders (FMM CP 61, AASHTO & ASTM C39) (Sampling and all testing) T152, T12i, C1064, As Needed 201 Ea. 30 $ 225 $ 6,750 Additional cylinder (Per Each) 202 Ea. 30 $ 14 $ 420 Compression test (Cap, Cure, and Break FOB lab) of 6) (Set 203 Ea. 10 $ 84 $ 840 T Day Concrete T121, Beams (Set T119,197, ASTM of 3) C39 (FMM CP & C1064) 61, AASHTO T152, ! Day 204 Ea. 10 $ 250 $ 2,500 Additional beam (Per Each) 205 Ea. 10 $ 50 $ 500 I Splitting Tensile C496-11, AASHTO Strength T198-15) (Set of 6) (ASTM C496 & 1 Day 206 Ea. M 10 $ 300 $ 3,000 Sand equivalent (FMM CP 30 & CP 37) 207 Ea. 5 $ 80 _ $ 400 2 Days Air Pot Calibration (ASTM C231) • 1 Day 208 Ea. . 4 $ 0 $ 0 E Oalt Gradation (FMM CP30, CP31 & CP-L5120) 1 Day 301 Ea. - ,- - - 50 - $ b0 $ 3,000 S.G. absorption (Plus #4 material) (AASHTO T85) 302 Ea. — —_r_ 35 - $ 45 S 1,575 2 Days S.G. absorption (Minus #4 material) (FMM CPL 4102) 303 Ea. 35 $ 55 $ 1,925 20ays Fractured AASHTO Face Determination A) (FMM CP 30, CP 45, & 2 pays 304 Ea. 15 $ 50 5 750 T304 Flat Elongated Particles (D4791 Meth. B) 2 Days 305 Ea. 15 $ 40 $ 600 Rice Value (FMM CP 41, CP 55, & CP 56) 1 Day 306 Ea. 200 $ 80 $ 16,000 CP 51 Lottman 5115) Test (FMM CP 41, CP 55, CPL -5109 & CPL - 6 Days 307 Ea. 5 $ 325 $ 1,625 Mix Design Bulk Verification (FMM Unit Weight & Hveem Stability CP 52 & CP 31) 308 Ea. 35 $ 340 $ 11,901 3 Days Bitumen Content Extracted Agg. by extraction, gradation (FMM CPL 5120 & CP 31,) Analysis of Z Days 309 Ea. 150 $ 140 $ 21,0W C Bitumen Content by Extraction (FMM CPL 5120) 1 Day 310 Ea. 100 $ 70 $ 7,00C Density CP 82) test 3 or more Per Trip {FMM CP 44, CP B1 & Same Day 311 Hr. 50 5 65 _ $ 3,250 , Field Coring Samples 6" Inside Diameter Core Barre! 312 Hr. 10 $ 75 $ 750 Field Coring Samples 4" Inside Diameter Core Barrel 313 Hr. 10 $ 75 $ 750 Bulk specific Gravity (FMM CP 44) 1 Day 314 Ea. 50 $ 40 $ 2,000 Air void Percentage (FMM CPI 5115) 1 Day 315 Ea. 20 $ 55 $ 1,100 Binder recovered (AASHTO M320) 3 Days 316 Ea, 5 $ 400 i $ 2,000 Binder Un-recovered (AASHTO R59 & T164) 4 Days 317 Ea. 5 $ 400 $ 2,Q00 HMA / Over Calibration (Each HMA Mix Design) 2 Days 318 Ea. 20 $ 300 $ 6,000 CRS -2R Emulsion L2212/ASTM ATM D113, Toughness Testing: Residue by Evaporation - CP D6997, Penetration - ASTM DS, Ductility - Ductility Cold Weather - ASTM 05801, & Tenacity - ASTM 5801 319 Ea. 4 $ 400 $ 1,60( 7 pays Sao Unconfined Compression rv- s (Set of 3) (ASTM D1633) 401 Ea 80 $ 60 $ 4,800 1 Day Additional Unconfined Compression Specimen 402 Ea. 10 $ 20 $ 200 One-dimensional Swell test (ASTM 04565) 3 Days 403 Ea. 5 $ 60 S 300 I Non -Coated Bar (ASTM A370) 8 Days 404 1 Ea. s $ 200 $ 1,000 Epoxy Bar (ASTM A370) 8 Days 405 Ea. 5 $ 200 $ 1,000 Dust Palliative 406 Ea. 5 $ 100 $ 500 7 Days Topsoil Testing 7 Days 407 Ea. s $ 75 $ 375 Resistivity (ASTM G57) —► 3 Days - 408 - - Ea. 15 $ 60 $ 900 Water Soluble Chloride (FMM CPL 2104) 3 Days 409 Ea. 15 $ 50 $ 750 Water Soluble Sulfate (FMM CPL 2103) 3 Days 410 Ea. 1S .. $ 50 $ 750 pH (AASHTO G51) 2 Days 411 Ea. 15 $ 50 $ 750 Sodium Sulfate Soundness (ASTM C88/C88M) 412 Ea. 5 $ 200 $ 1,000 14 Days ?Luella neo% Drilling and sampling I Needed S01 1 Hr. 40 $ 300 $ 12,00 , Wan Principle Engineer and/or Geologist 601 Hr. 100 $ 95 $ 9,500 Geotechnical Engineer/ Department Manager 602 Hr. 100 $ 95 $ 9,50C Senior Field Technician 603 Hr. 500 $ 60 r $ 30,001 Field Technician 604 Hr. 500 $ 50 $ 25,00i Mileage 605 Mile 500 $ 1 $ 500 TOTAL $ 221,460 All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. CONTRACTOR QUESTIONS AND RESPONSES Prepared By: Ryan Axtman, Weld County Public Works Construction Inspection Supervisor RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. 1 Date: 1/12/22 By: JZ 2 3 Addendum No. Date: Addendum No. Date 1/19/22 1/21/22 4 1/26/22 Addendum No. Date: JZ By: JZ By: JZ By:_ Contractor agrees to perform all Work described in the Contract Documents for the prices as shown in the Bid Tabulation. Progress payments shall be based on a percentage of the Lump Sum price shown in the bid tabulation which has been completed or the actual quantities furnished, installed or constructed. The undersigned, by his/her signature, hereby acknowledges and represents that: 1. Performance of each and every portion of the Work is included as part of the Contractor's Price. 2 All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit and services relating to the Contractor's performance of its obligations under the Contract Documents (including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor and intellectual property rights necessary to perform the Work) are included as part of the Contractor's Price. The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility of the County, as specifically provided elsewhere in the Contract Documents) is included as part of the Contractor's Price. 4. All costs of compliance with and maintenance of the Governmental Approvals and compliance with legal requirements are included as part of the Contractor's Price. 5. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor, or services included therein are included a part of the Contractor's Price. 6. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price. 7. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100101 8. The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation. 9. The signed bid submitted, all the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 10. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Ground Engineering Consultants, Inc. BY Joseph Zorack, PE (Please print) BUSINESS 2468 East 9th Street 1/28/22 ADDRESS DATE CITY, STATE, ZIP CODE Loveland, Colorado 80537 TELEPHONE NO 970-622-0800 F 70-622-0801 SIGNATURE 1)edele- �` '�tll�' � joe.zorack@groundeng.ctfm ) E-MAIL 840946714 TALC ID # **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. Bid Request No. B2200048, 2022 Geotechnical Testing Services Weld County, Colorado ADDENDUM NUMBER TWO The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: Contractor Questions and Responses - 01/19/2022 All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. CONTRACTOR QUESTIONS AND RESPONSES Question #1: Item 603 Qualifications for Senior Technician Clarification. Answer: Senior Technician Qualifications are based on years of service working on DOT projects, a minimum of 3 years of continual experience, and currently possessing these certifications: WAQTC ACI Grade I LABCAT A&B CDOT Inspector — Basic Math, Survey and Plan Reading ACPA Concrete Pavement Inspector Question #2: Use of Firm's lab forms and templates. Answer: Firms may submit necessary lab forms for review that conform to Weld County and CDOT standards of lab procedures in lieu of CDOT style forms on a case -by -case basis. Forms shall be legible and contain all pertinent information i.e., weights, times, temperatures, and other key aspects of the procedure. All sampling and testing steps outlined on the forms shall be easily followed to final results. Forms shall be in an Excel style format and not hand produced. Question #3: Concrete Cylinder Pickup time charges. Answer: Technician time by hours can be charged for next day cylinder pickup with exception of sample pickups from Weld County Public Works. Mileage charges shall not be charged for sample pickup at Weld County Public Works office or projects within a 40 -mile round trip from the Weld County Public Works office at 1111 H St., Greeley CO. Question #4: Charges for Department Manager (DM) time. Answer: See section 3. Test Result Turnaround Time, Reporting and Sample Pickup, paragraph 6, bullet point (a) DM time may be charged for: Pre -Construction Meetings, Weekly Project Progress Meetings, or Consultation Meetings. If a special review is necessary for lab and inspection results by DM, DM will need to directly contact the Weld County Project Manager for briefing of special review. Mileage charges will not be charged unless mileage exceeds the 40 - mile round trip from Weld County Public Works office at 1111 H St., Greeley CO. Question. #5:. Invoicing summary criteria. Answer A typical Invoice will include An item -by -item detailed invoice of all work billed per month per Internal Accounting form (IA) or project Invoices will include sample ID numbers, billing codes used (see Fee Schedule for billing codes) and quantities of each represented test Firms may be requested at any time to supply a more detailed invoice, See section 3 Test Result Turnaround Time, Reporting and Sample Pickup, paragraph 7, bullet points (a -d), by the Weld County Project Manager for audit or review purposes RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Addendum No. Addendum No. Addendum No. 1 2 Date: 1/12/22 By: JZ Date: 1/19/22 By: JZ Date: By: Date: By: Contractor agrees to perform all Work described in the Contract Documents for the prices as shown in the Bid Tabulation. Progress payments shall be based on a percentage of the Lump Sum price shown in the bid tabulation which has been completed or the actual quantities furnished, installed or constructed. The undersigned, by his/her signature, hereby acknowledges and represents that: 1. Performance of each and every portion of the Work is included as part of the Contractor's Price. 2. All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit and services relating to the Contractor's performance of its obligations under the Contract Documents (including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor and intellectual property rights necessary to perform the Work) are included as part of the Contractor's Price. 3. The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility of the County, as specifically provided elsewhere in the Contract Documents) is included as part of the Contractor's Price. 4. All costs of compliance with and maintenance of the Governmental Approvals and compliance with legal requirements are included as part of the Contractor's Price. 5. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor, or services included therein are included a part of the Contractor's Price. 6. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price. 7. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100137 8. The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation 9. The signed bid submitted, all the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 10 Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County The bid(s) may be awarded to more than one vendor FIRM Ground Engineering Consultants, Inc BY Joseph Zorack, PE (Please print) BUSINESS 2468 East 9th Street ADDRESS DATE 1/28/22 CITY, STATE, ZIP CODE Loveland, Colorado 80537 TELEPHONE NO 970-622-0800 FAX 970-622-0801 TAX ID # 840946714 SIGNATURE C1112,,,�97�11-/a.��,, J G' 0''11.----} E-MAIL Joe.zir ack@grounderpg m *FALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED ** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551.0000 Bid Request No. B2200048, 2022 Geotechnical Testing Services Weld County, Colorado ADDENDUM NUMBER THREE The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: Contractor Questions and Responses - 01/19/2022 — 1/20/2022 All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. CONTRACTOR QUESTIONS AND RESPONSES Question #6: On asphalt — Air voids % is referenced as a test Is this supposed to include gyratory and rice or is it just the calculation to perform air voids? Answer: This should have been called out as "CP 44 & CPL 5115". For bidding purposes, bid this item as Method A. (A) uses a gyratory compacted sample and bulk specific of the specimen, and the subsequent calculations. RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents Addendum No Date 1/12/22 By JZ Addendum No 2 Date 1/19/22 By J - Addendum No 3 Date 1/21/22 By. JZ Addendum No Date By. Contractor agrees to perform all Work described in the Contract Documents for the pnces,as shown in the Bid Tabulation Progress payments shall be based on a percentage of the Lump Sum price shown in the bid tabulation which has been completed or the actual quantities furnished, installed or constructed The undersigned, by his/her signature, hereby acknowledges and represents that 1 Performance of each and every portion of the Work is included as part of the Contractor's Price 2 All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit and services relating to the Contractor's performance of its obhgations under the Contract Documents (including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor and intellectual property rights necessary to perform the Work) are included as part of the Contractor's Price. 3 The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility of the County, as specifically provided elsewhere in the Contract Documents) is included as part of the Contractor's Price 4 All costs of compliance with and maintenance of the Governmental Approvals and compliance with legal requirements are included as part of the Contractor's Price 5 Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor, or services included therein are included a part of the Contractor's Price 6 All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Pnce 7 The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No #B2100137 8 The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation 9 The signed bid submitted, all the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the -date of formal acceptance of the bid by Weld County 10. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Ground Engineering Consultants, Inc. BY Joseph Zorack, PE BUSINESS 2468 East 9th Street ADDRESS CITY, STATE, ZIP CODE Loveland, Colorado 80537 (Please print) DATE 1/28/22 TELEPHONE NO 970-622-0800 F 970-822-x801 TAX ID # 840946714 SIGNATURE d' E-MAIL jae.zorack@groundeng.co **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. ADDENDUM#4 BID REQUEST NO. B2200048 GEOTECHNICAL TESTING SERVICES 1. NOTICE TO BIDDERS, Page 3 paragraph 2, Bids will be received until: January 31, 2022 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on January 31, 2022 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, St. Vrain Meeting Room, 1150 0 Street, Greeley, CO 80631. Phone Number (7 20) 439.5261 Conference ID: 2. NOTICE TO BIDDERS, Page 3 paragraph 2, -SHOULD READ: Bids will be received until: January 31, 2022 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on January 31, 2022 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, St. Vrain Meeting Room, 1150 0 Street, Greeley, CO 80631. Phone Number (720) 439-5261 Conference ID: 997948565 ***We need si lined copy submitted with your bid. Thank You!*** Addendum received by: January 26, 2022 Ground Engineering Consultants, Inc. FIRM 2468 East 9th Street ADDRESS Loveland, Colorado 80537 CITY AND STATE Joseph Zorack, PE BY joe.zorack@groundeng.com EMAIL PROPOSAL SUBMITTAL REQUIREMENTS — Please return the following to Weld County Purchasing via the "bid delivery" instructions described on page 3. o Complete and return fee schedule - pages 8 thru 10. o Complete and return signature - page 11. o Complete and return IRS Form W-9. o *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. o Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid It may be disqualified, The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions; specifications and special provisions set forth in the request for proposal for Request No. #B2200048. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM Ground Engineering Consultants, Inc. BY Joseph Zorack, PE BUSINESS 2468 East 9th Street ADDRESS CITY, STATE, ZIP Loveland, Colorado 80537 CODE (Please print) DATE 1/28/22 TELEPHONE NO 970-622-0800 FAX 970-622-0801 SIGNATUR TAX ID # 840946714 E-MAIL joe.zorack©groundeng.com **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 7 or12-20. PLEASE NOTE SEE ATTACHED REQUESTED MODIFICATIONS TO THE SAMPLE CONTRACT PROVIDED. PLEASE CALL US WITH ANY QUESTIONS OR CONCERNS ON THE REQUESTED Ciniigessful vendor is required to sign a separate contract included on pages 12-20 of � p P9 these bid specifications. B2200048 11 Form, -9 (Rev. October 201B) Department of the Treasury Internal Revenue Service Request for Taxpayer identification Number and Certification ► Go to wwwirs.gov/FormW9 for Instructions and the latest information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your Income tax return). Name is required on this lino: do not leave this line blank. GROUND Engineering Consultants, inc. 2 Business name/disregarded entity name, If different from above 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the following seven boxes. • • Individual/sole proprietor or single -member LLC Y I C Corporation S Corporation • Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is another LLC that s not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ( I Other (see Instructions) ► S Address (number, street, and apt. or suite no.) See instructions. 41 Inverness Drive East 8 City, state, and ZIP code Englewood, CO 80112 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) Applies to accounts maintained outside the U.S. Requester's name and address (optional) 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see Nhat Name and Number To Give the Requester for guidelines on whose number to enter. Social security number or , I I ' Employer identification number Certification 8 0 9 4 6 7 1 4 Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. Ycu must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment o4 secured r perty, ca 'ration of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends,.yfou ar not requi to sic0 the certification, but you must provide your correct TIN. See the instructions for Part IL later. Sign Here Signature of i U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments_ For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/ForrW9, Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following. • Form 1099-iNT (interest earned or paid) zo Z/ • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1O99 -B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No. 10231X Form W-9 (Rev, 10-2018) EXHIBIT B NOTICE OF AWARD 2022 Geotechnical Testing Service To: Mr. Joe Zorack, P.E. Ground Engineering Consultants, Inc. 2468 East 9th Street Loveland CO, 80537 Project Description: 2022 Geotechnical Testing Service, Bid No. B2200048 You are hereby notified that your Bid has been accepted in the amount of $221,460.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 16Th day of February 2022. Weld County, C+lorad• Owner By Ryan A C --- ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this 2 5 day of Februar3/ I 2022. Construction Inspection Supervisor Title: Project Mana•-e / Principal BID NO # B2200048 Page 1 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND GROUND ENGINEERING CONSULTANTS, INC THIS AGREEMENT is made and entered into this _ day of , 2022, by and between the Board of Weld County Commissioners, on behalf of PUBLIC WORKS DEPARTMENT, hereinafter referred to as "County," and GROUND ENGINEERING CONSULTANT, INC., hereinafter referred to as "Contractor" WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits, and WHEREAS, Contractor is willing and has the specific ability,, qualifications, and time to perform the required services according to the terms of this Agreement, and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work") Exhibit A consists of County's Request for Bid (RFB) or Request for Proposal (RFP) as set forth in Bid Package No B2200048 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, BID NO #B2200048 1 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. S. 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 $ 221,460.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period BID NO #B2200048 2 after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL" However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract BID NO #62200048 3 resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuantto this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. Workers' Compensation /Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. BID NO #82200048 4 b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. 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. d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. 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 negligent errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful negligent acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any negligent act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent maybe granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and BID NO #02200048 5 the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice maybe sent to: TO CONTRACTOR: Name: Joe Zorack, P.E. Position: Area Manager Address: 2468 East 9th Street Address: Loveland CO, 80537 E-mail: joe.zorack@groundeng.com Phone: 970.685.3240 TO COUNTY: Name: Ryan Axtman Position: Construction Inspection Supervisor Address: 1111 H Street Address: Greeley CO, 80632 E-mail: raxtman@weldgov.com Phone: 970.400.3743 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and BID NO #82200048 6 understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §524-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §524-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall bean incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102)5))c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall BID NO #82200048 7 not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. BID NO #82200048 8 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: Cezav,AD 17,,Q By: C Name: Title: OCJ}' ' aQ ripsYLe Date of Signature WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Scott K. James, Chair BID NO #62200048 9 ACO DR CERTIFICATE OF LIABILITY INSURANCE DA') 2/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER usi Insurance Services, LLC P.O. Box 7050 Englewood CO 80155 CONTACT PHONE FAX iA/C, No, E.: 800-873-8500 I(A/C, No): Vass: den.certificate@usi.com INSURER(S) AFFORDING COVERAGE NAIL q INSURER A: Continental Casualty Company 20443 INSURED GROUNENGI GROUND Engineering Consultants, Inc. 41 Inverness Drive East Englewood CO 80112 INSURER B : COntlnental Insurance Company 35289 INSURER C: Berkley Insurance Company 32603 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 239457430 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. 'Ng LTR TYPE OF INSURANCE ADDL SUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) Flag= (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y 6049524270 6/6/2021 6/6/2022 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 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY L ZS EI LOC OTHER: PRODUCTS -COMP/OPAGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNEDOSONLY AUT X HIRED AUTOS ONLY AUTSCHEDOS ULED X NON -OWNED AUTOS ONLY Y Y 6049524284 6/6/2021 6/6/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA.. EXCESS LIAR X OCCUR CLAIMS -MADE Y Y 6049524317 6/6/2021 6/6/2022 EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 $ DED I X I RETENTIONS in Mn A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPRW/ril OR /PART EREEXECUTIVE OFFICER/MEMBEREXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y N/A 6049524298 6/6/2021 6/6/2022 X STATUTE I I OERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional8 Pollution Liab. Claims Made Y AEC904465905 6/6/2021 6/6/2022 Per Claim Annual Aggregate $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insureds under Umbrella / Excess Liability but only with respect to lability arising out of the Named Insured work performed on behalf of the certificate holder and owner. The General Liability, Automobile Liability, Umbrella/Excess insurance apples on a primary and non contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Public Works ACCORDANCE WITH THE POLICY PROVISIONS. Inspection Division Attn: Ryan Axtman 1111 H Street AUTHORIZED REPRESENTATIVE Greeley CO 80632 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: GROUNENG1 LOC 0: ACORD® AGENCY USI Insurance Services, LLC POLICY NUMBER CARRIER ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of 1 NAIL CODE NAMED INSURED GROUND Engineering Consultants, Inc. 41 Inverness Drive East Englewood CO 80112 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. RE Project: 2022 Geotechnical Testing Services Additional Insured: Weld County Public Works ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 20020004660181703469657 IIIIIIIIIIIIII III IIIIIIIII II II III III 111111111 III POLICY NUMBER: COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contractor agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contractor agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1-15) Page 2 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiii ii iiiiiiiii iiiiiiiiiii iii I i iiiiiiiiiiiii I iii CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Paae 3 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED — EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Page 4 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiii ii iiiiiiiii i iiiiiiiii iii I i iiii iiiiiiiii iii CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Page 5 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: CNA74858XX (1-15) Page 6 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003260181703320250 1111111111111111111111111111111111111111111111 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY - EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum or 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All: 1. Damages under Coverage B, regardless of the number of locations involved; CNA74858XX (1-15) Page 7 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Page 8 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-15) Page 9 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance CNA74858XX (1-15) Paae 10 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named Insured's co -venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co - venturers, nor of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CNA74858XX (1-15) Page 11 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15) Pape 12 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003260181703320253 IIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111111 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX (1-15) Page 13 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX (1-15) Pane 14 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material & Insurance Services Office, Inc., with its permission. 40020003260181703320254 IIII II IIIIIIIII11111111111IIIII IIIIIIIIIIIIIIIII CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-15) Page 15 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contractor written agreement, and only if such contractor agreement CNA74858XX (1-15) Page 16 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 11111111111111111111111111111111111111111111111 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. CNA74858XX (1-15) Page 17 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858XX (1-15) Paxe 18 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020007060495242700978 II IIIIIIIIIIII IIII II11111111111111111111III III CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. IL But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Paae 2 of 2 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020004660181703469666 IIIIIIIIIIIIIIIII MIIIIII II II III II 11111111111111 CNA SCA 23 500D (Ed. 10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT - BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: SCA 23 500D (Ed. 10/11) 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Towing Section III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. D. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. E. Personal Property The following is added to Section III, Paragraph A.4. c. We will pay up to $500 for loss to Personal Property which is: (1) Owned by an "insured"; and Copyright, CNA Corporation, 2000. Includes copyrighted material of the Insurance Services Office used with its permission. Page 1 of 3 SCA 23 500D (Ed. 10/11) (2) In or on the covered "auto." This coverage applies only in the event of a total theft of your covered "auto." This insurance is excess over any other collectible insurance and no deductible applies. F. Rental Reimbursement The following is added to Section III, Paragraph A.4.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto"; or, (b) 15 days. 2. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of $375. 3. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 4. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with SCA 23 500D (Ed. 10/11) H. J. your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned "autos." Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per "accident." Airbag Coverage The following is added to Section III, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. Diminution In Value The following is added to Section III, Paragraph B.6. Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual Copyright, CNA Corporation, 2000. Includes copyrighted material of the Insurance Services Office used with its permission. Page 2 of 3 SCA 23 500D (Ed. 10/11) "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV) III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. IV. A. B. C. V. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. BUSINESS AUTO CONDITIONS Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a. (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b. (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. Policy Period, Coverage Territory Section IV, Paragraph B.7.b.(5) is revised to provide: a. 45 days of coverage in lieu of 30 days DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these SCA 23 5000 (Ed. 10/11) Copyright, CNA Corporation, 2000. Includes copyrighted material of the Insurance Services Office used with its permission. Page 3 of 3 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Copyright 1983 National Council on Compensation Insurance. Contract Form New Contract Request n' ation Entity Name* GROUND ENGINEERING CONSULTANTS, INC Contract Name* Entity ID* 800023237 Contract II) 2023 GEOTECHNICAL TESTING CONTRACT - RENEWAL 6658 Contract Status CTB REVIEW Contract Lead RAXTMAN ❑ New Entity? Parent Contract ID 5642 Requires Board Approval YES Contract Lead Email Department Project # raxt man 8we l dgov. co m Contract Description RENEWAL OF THE GEOTECHNICAL TESTING AND SERVICES CONTRACT FOR THE 2023 CONSTURCTION SEASON. THIS IS THE FIRST OF UP TO TWO RENEWALS FOR THIS CONTRACT. Contract Description 2 Contract Type RENEWAL Amount $.375,0©0.00 Renewable. YES ICA Department PUBLIC WORKS Department Email CM- Will a work session with BOCC be required?* PublicWorks@weldgov.com HAD Requested BOCC Agenda Date. 02115/2023 Due Date 02,11/2023 Department Head Email CM-PublicWorks- DeptHead@Weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY8WELDG OV.COM If this is a renewal enter previous Contract ID 5642 If this is part of a MSA enter MSA Contract ID Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Effective Date Review Date * 01/25;2023 Renewal Date * 03/09;2023 Termination Notice Period Conta Contact Name Purchasing Purchasing Approver Approval Pirocess Department Head .CURTIS HALL DH Approved Date 02/02/2023 Final Approval ACC Approved MCC Signed Date i15OCC Agenda Date 02/08/2023 Originator RAXTMAN Contact Type Committed Delivery Date Expiration Date Contact Email Contact Phone I Purchasing Approved Date Finance Approver CHERYL PATTELLI Finance Approved Date 02/03/2023 Tyler Ref # AG 020823 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 02,'0.3=2023 Con-hva C1-1 DI* to 331 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Geotechnical Contract PO Increase DEPARTMENT: Public Works PERSON REQUESTING: Ryan Axtman, Inspection Supervisor DATE: 8/26/2022 Brief description of the problem/issue: PW Engineering on -call Geotechnical contract was awarded to Ground Engineering Consultants for $221,460.00. The budgeted amount for 2022 is $300,000.00. The contract amount awarded to the low bidder was less than the engineers estimate; which was the basis for the 2020 budget. The remaining projects that require geotechnical testing and pavement designs are estimated below: WCR 64 (O St.) & WCR 27 (83rd Ave.) Intersection Improvements — Quality Assurance Testing WCR 41 and WCR 66 Intersection Project — Quality Assurance Testing Public Works Storm Water Improvements — Quality Assurance Testing WCR 33 and WCR 74 Roundabout — Quality Assurance Testing WCR 13 and WCR 54 Roundabout — Geotechnical Testing and Pavement Design WCR 31 and WCR 74 Roundabout — Geotechnical Testing and Pavement Design WCR 46-WCR 35 RR CLOSURE — Geotechnical Testing and Pavement Design 2023 HRP Annual Pavement Designs —Additional Lab Support 2022 Budget spending thus far: • Terracon's 2021 renewal contract covered needs for two project 01,829.30 till March 23, 2022, while awaiting a new vendor bid. • Ground was awarded the 2022 contract, dated March 9, 2022, in the amount of $221,460. • $93,064.75 has been billed out to Ground Engineering for completed testing. • $177,570.20 has been allocated for Ground for the 2022 construction testing needs. • Leaving $43,889.80 left on the Ground 2022 purchase order's budget. • $76,710.70 will be left in 2022 Engineering on -call budget after the 2022 PO has been spent. PW is asking to increase the Ground PO to include the additional $76,710.70 which will bring it up to 2022 budget number of $300,000. What options exist for the Board? (Include consequences, impacts, costs, etc. of options): 1. Increase existing Geotechnical PO in the amount of $76,710.70, Ground Engineering will honor their contract testing prices, allowing project testing to continue uninterrupted. a. Increasing the PO would not result in an increase to the 2022 budget. 2. Schedule a work session with the BOCC to discuss in more detail. Recommendation: Public Works recommend option 1, because it will allow us to remain on the design schedule and will not increase the 2020 budget. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine 69/21 Via imad q�,2i/aa Eel 60% ZoZ2- Uy53 Karla Ford From: Sent: To: Subject: I'll also approve this passaround Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine@weldgov.com Website: www.co.weld.co.us In God We Trust Lori Saine Thursday, September 1, 2022 10:20 AM Karla Ford FW: Geotechnical Contract PO Increase pass around Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Lori Saine Sent: Thursday, September 1, 2022 10:16 AM To: Curtis Hall <chall@weldgov.com> Subject: RE: Geotechnical Contract PO Increase pass around That is a good explanation, thank you, Curtis. Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 . Email: Isaine@weldgov.com Website: www.co.weld.co.us In God We Trust 1 MEMORANDUM Date: September 6, 2022 To: Esther Gesick, CTB From: Ryan Axtman, Supervisor, Public Works RE: OnBase Contract ID #5642 — Change Order #1 Increase to 2022 Geotechnical Service Budget, B2200048 Please place the attached agreement on the BOCC Consent Agenda, September 21, 2022. The BOCC approved the pass around for this change order September 1, 2022. Our on -call Geotechnical contract was awarded to Ground Engineering Consultants for $221,460.00. The budgeted amount for 2022 is $300,000.00. The contract amount awarded to the low bidder was less than the engineers estimate, which was the basis for the 2022 budget. Due to the medical absents of an Engineering Technician II and staffing issues within the industry, the Construction Inspection Division has begun to rely on Ground Engineering for services. To continue to deliver timely geotechnical lab testing services with the current and pending workload, we are proposing to increase the Geotechnical Testing Services contract to the full Engineering Division's budgeted amount. This change will help ensure lab testing and CIP testing continues to run consistently, aiding the available Engineering Technicians to continue inspections and field-testing and reporting duties. To date we have spent $93,064.75 leaving $128,395.00 left on the Ground Engineering Consultant's 2022 PO. A PO of $50,000 was issued to Terracon Consultants to maintain services until a new contract vendor was approved by the Board of County Commissioners, this past spring. $1,829.30 of the 2022 budget was spent with Terracon Consultants, during this time leaving $298,170.70 left in the 2022 Engineering budget. By increasing the Ground PO by $76,710.70 we would reach the full 2022 budgeted amount of $300,000.00. This would allow us to complete the geotechnical materials testing services needed for the year. There will not be an increase to the 2022 Engineering budget. I will attend the BOCC hearing to answer any questions the BOCC may have regarding this contract. DATE: 8/5/2022 EXHIBIT A CHANGE ORDER NO. 1 PROJECT: 2022 Geotechnical Testing Services as described in the invitation for bids, BID NO.: B220004 OWNER: Weld County Government, Public Works Department, Engineering Division CONTRACTOR: Ground Engineering Consultants Inc. The following change is hereby made to the contract documents. CHANGE TO THE CONTRACT PRICE: Original contract price: $221,460.00 Current contract price adjusted by previous change order: $0.00 The contract price due to this change order will be increased by: $76.710.70 The new contract price, including this change order, will be: $298,170.70 CHANGE TO CONTRACT TIME: The contract time will be increased by 0 calendar days. The date for completion of all work will be: 03/09/2023 RECOMMENDED: Owner Representative: APPROVALS: Contractor Representative: xtman, Construction Inspection Supervisor Name and Title: Joseph Zorack, Project Manager Weld County / G: ATTEST: dGuia/'t •ti Weld my Clerk to the Board By: BID NO. 82200048 Date: 9/5--X"."-- Date: 9/9/22 Board of County Commissioners Weld County, Colorado SFP 2 1 7M Page 1. 0.20-2,? Contract Form New Contract Request Entity Information Entity Name* GROUND ENGINEERING CONSULTANTS, INC Entity ID* 000023237 Contract Name* Contract ID CHANGE ORDER 91 INCREASE TO 2022 GEOTECHNICAL 6331 SERVICE BUDGET, B2200048 Contract Status CTB REVIEW Contract Description* CONTRACT PO INCREASE TO 2022 BUDGETED AMOUNT Contract Description 2 Contract Type* CHANGE ORDER. Amount* $76,710.70 Renewable YES Automatic Renewal Grant IGA Department PUBLIC: WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHead/7weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYAWELDG OV.COM Contract Lead* RAXTMAN New Entity? Parent Contract ID 5642 Requires Board Approval YES Contract Lead Email Department Project # raxtman/weldgov.com B2200048 Requested BOCC Agenda Date* 09,21.2022 Due Date 09117:2022 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 On Base Contract Dates Effective Date Review Date* 08/26 2223 Renewal Date* 03.00;'2023 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAY MCDONALD CHERYL PATTELL! BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 09;0912022 09112/2022 09 12/2022 Final Approval BOCC Approved Tyler Ref # AG 092122 BOCC Signed Date BOCC Agenda Date 09'21,2022 Originator RAXTMAN Cohn -vac- IDA5v-I2 MEMORANDUM TO: Esther Gesick, CTB DATE: March 7, 2022 FROM: Ryan Axtman, Public Works Department SUBJECT: 2022 Geotechnical Testing Service, Bid No. B2200048 Please places the attached contract on the BOCC consent agenda for an upcoming 9 a.m. hearing. The contract is for the 2022 Geotechnical Testing Services Contract. The Board awarded the contract to Ground Engineering Consultant February 16, 2022. The contract ID is 5642. The Tyler reference number is 2022-0453. The contract is for an amount not to exceed $221,460.00. The contract amount is also included in the 2022 Public Works budget. I will plan on attending the meeting to answer any questions. Ryan Axtman, Construction Inspection Supervisor C6nVY°- �P 03/ 0°11 ZZ c3/V0209- te0 eel oo,,o ZOw0053 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2022 Geotechnical Testing Contract DEPARTMENT: WELD COUNTY PUBLIC WORKS PERSON REQUESTING: Ryan Axtman, Weld County Public Works DATE: 2/25/2022 Brief description of the problem/issue: This would have been our current vendor's (Terracon) last renewal of their contract. Terracon made a request not to re -bid this contract for renewal, due to lack of staffing in their Greeley office and loss of profit with the current contract. Weld County Public Works Construction Inspection Division sent out a request for bids for the 2022 Geotechnical Testing Contract for the construction season. 8 bids were received with 7 bids being responsive to the request. Terradyne was rejected from the process due to not completing 23 items listed in the supplied bid tab. Instructions in the bid required all items have associated costs listed and totaled to qualify as the lowest responsive bidder. Ground Engineering out of Loveland presented the Division with a responsive and low bid proposal. Ground's proposal came in at $221,460.00, $48,560.00 less than the Engineer's estimate and below the Department's estimated yearly budget of $300,000.00. The BOCC approved the award of the contract to Ground Engineering at the 9 am hearing on February 16, 2022. The Tyler reference number is 2022-0453. Ground Engineering has had the Public Works Department on -call contract in past years and has worked on several projects with Weld County Public Works since. They are a reputable Colorado company. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. The Board can sign the Contract so Public Works can use Ground Engineering as the geotechnical testing company for the upcoming 2022 construction season. Failure to have an approved contract with Ground Engineering could result in delays to Public Works' projects. 2. The Board may request a work session to discuss this further. Recommendation: Staff recommends Option 1 for the approval of Ground Engineering's Contract, for the 2022 Geotechnical Testing Contract with optional 2 -year renewal which will be presented to the BOCC each renewal year. Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Approve Schedule Recommendation Work Session Other/Comments: PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND GROUND ENGINEERING CONSULTANTS, INC.. THIS AGREEMENT is made and entered into this q` Nday of Mowc f,, ` , 2022, by and between the Board of Weld County Commissioners, on behalf of PUBLIC WORKS DEPARTMENT, hereinafter referred to as "County," and GROUND ENGINEERING CONSULTANT, INC., hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). Exhibit A consists of County's Request for Bid (RFB) or Request for Proposal (RFP) as set forth in Bid Package No. B2200048. 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, BID NO #62200048 1 _cols and facilities owned by County which Contract orr is using, by whatever method it deems excpeciert; and, Contractor shal' deliver to Ciunty all drawings, drafts, or other documents it has completed or partia iy completed under this Agreement, together with a ! other items; materials and documents which have been paid or by County, and these items, mate-ials and documents shat, be the property of County. Copies of work procuct that is incomplete at the time of termination shall be marked eIJRAFTA\COM ° rion if this Agreement is terminated by County, Contractor snail be compensated for, and such compensation snail be lirrited to, (1) the sum of the amounts contained in invoices which it has submitted aid 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 accompfosh an orderly termination of the work. County shall be entitled to the use of a I material geierated purs'L ant to this Agreement upon termination. „pon termination of this Agreement by County; Contractor sha i have no damn of any kind whatsoever against the County by reason of such termination or ay reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. So E tension or Amendment Any amendments or modifications to this agreement sha 0 be in writing signed by both parties. No additiona services or work performed by Contractor shall be the basis f*r a ditiola0 compensation unless and until Contract. rr has obtained written authorization and ac(now edgemen: oy County for such additional services. Accordingly, no claim that • 'e County has been undustly errriched by any additions' services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the corn pensation payable hereunder. On the evert that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with :nis Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failur-, sha l result in non-payment for such additional services or work performed. in the event the County sha I require changes in the scone, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time reoiJired or the costs to the Contractor for performance, an equitable ad0irstment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. My claims by the Contractor for adjustment hereunder must be made ii writing prior to Performance of any work covered in the anticipated Change rder, un-ess approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed cowered in the compensation and time provisions of this Agreement, urfess approved and documented otherwise by the County Representative. 6. Corapers atfiono Upon Contractr's successful completion of the work, and County's acceptance of the same, County agrees to pay Contractor and amount not to exceed $ 221,460.0Q as set forth in the Exhibits. No payment in excess of tha's set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by we d 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 Tor which payrneit it was made dic not perform as set forth in this Agreement, then upon written n.tice of such determination and request for reimbursement from County, Contractor shall forthwith return such paymen:(s) to County. capon termination or expiration of this Agreement, unexper toed funds advanced by County, if any, shah forthwith be returned ':,o County. County will not withho c any :axes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for tFe accurate reporting and payment of any taxes re aced :o payments made pursuant to the terms of this Agreement nkss expressly enn_n2rated in the attached Exhibits, Contractor shall not be entitled so be paid for any othe expenses toga mileage). Notwithstanding anything to the contrary coitained in this Agreement, County sha II have no obfiga,'sions under this Agreement after, nor shai0 any payments be made to Contractor in respect of any period 0 fo N #B2200048 2 after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test res+uits and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiaity. 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 Cdorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract BID NO #B2200048 3 resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. BID NO #82200048 4 b. Proof of insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. 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. d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. 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 negligent errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful negligent acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any negligent act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and BID NO #62200048 5 the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Joe Zorack, P.E. Position: Area Manager Address: 2468 East 9th Street Address: Loveland CO, 80537 E-mail: joe.zorack@groundeng.com Phone: 970.685.3240 TO COUNTY: Name: Position: Address: Address: E-mail: Phone: Ryan Axtman Construction Inspection Supervisor 1111 H Street Greeley CO, 80632 raxtman@weldRov.com 970.400.3743 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and BID NO #B2200048 6 understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall BID NO #B2200048 7 not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. BID NO #82200048 8 Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Title: ()1,L' a� Prl Dateof Signature /� t vZ WELD COU ATTEST: Weld Cty Clerk to the Bo. rd WELD OUNTY, COLORADO BY: Deputy Clerk t BID NO #B2200048 BOARD OF COUNTY COMMISSIONERS K. James, Chair MAR 0 9 2622 9 Contract Form ew Contract Request tity Information Entity Name* GROUND ENGINEERING CONSULTAN I S, INC Contract Name* 2022 GEOTECHNICAL TESTING SERVICES Contract Status CTB REVIEW Entity ID* XO0023237 ❑ New Entity? Contract ID 5642 Contract Lead* RAXTM AN Contract Lead Email raxtman,veldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description' ON -CALL SERVICES FOR GEOTECHNICAL TESTING, CONSTRUCTION MATERIALS TESTING. AND PAVEMENT DESIGNS FOR PROJECTS LOCATED THROUGHOUT WELD COUNTY. Contract Description 2 Contract Type AGREEMENT Amount * $221,460.00 Renewable' YES Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorks?nweidgov.com Department Head Email CM-PublicWorks- DeptHead veldgov.com County Attorney BRUCE BARKER County Attorney Email BBARKERc PCO. WELD. CO. US Requested B0CC Agenda Date' 03:09.:2022 Due Date 0305:2022 Will a work session with BOCC be required?' HAD Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 82200048 If this is a renewal enter previous Contract ID If this is part of a %ISA enter USA 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 Review Date* 02;16;2022 Renewal Date* 03,`1.31'2023 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver ROB TURF Approval Process Department Head JAY MCDONALD DH Approved Date 03?0212022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03, 09; 2022 Originator RAXTMAN Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Purchasing Approved Date 03 07;'2022 Finance Approved Date 03, 02.'2022 Tyler Ref # AG 030922 Legal Counsel CAITLIN PERRY Contact Phone 2 Legal Counsel Approved Date 03, 07, 2022 MEMORANDUM TO: Jay McDonald, Director of Public Works DATE: February 3, 2022 FROM: Ryan Axtman, Public Works Department SUBJECT: 2022 Geotechnical Testing Service, Bid No. B2200048 Bids were opened on January 31, 2022, for the 2022 Geotechnical Testing Service contract. The seven bids received ranged from $221,460 to $489,589.00. The lowest complete responsible bid was submitted by Ground Engineering (See the attached bid tab). Ground Engineering's Loveland office submitted the lowest bid offer at $221,460.00. Their bid was responsive, and all requirements of the bid were satisfied. Ground Engineering's proposal came in $48,560.00 less than the Engineer's estimate of $270,020.00 for this contract. Ground Engineering's bid is within the 2022 estimated budget of $300,000.00 for this contract; therefore, it is Public Works recommendation to award this contract to Ground Engineering for a total amount of $221,460.00. Ground Engineering has had the Public Works Department on -call contract in past years and has worked on several projects with Weld County Public Works since. They are a reputable Colorado company. Approve of recommendation: Jay McEfiald, Director of Public Works Don Dunker, County Engineer cc: Jay McDonald, Director of Public Works Curtis Hall, Deputy Director Elizabeth Relford, Deputy Director Don Dunker, County Engineer Mona Weidenkeller, Office Tech IV, Account payable/receivable Rob Turf, Purchasing Manager Rose Everett, Weld County Purchasing Christie Peters, Weld County Purchasing aZZ-045� �et 00o WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E-mail: cmpetersweldgov.com E -Mail: reverett@weldgov.com E -Mail: rturf@weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: JANUARY 31, 2022 REQUEST FOR: GEOTECHNICAL TESTING SERVICES DEPARTMENT: PUBLIC WORKS BID NO: B2200048 PRESENT DATE: FEBRUARY 2, 2022 cancelled due to weather - (FEBRUARY 7, 2022) APPROVAL DATE: FEBRUARY 16, 2022 VENDOR TOTAL TERRADYNE ENGINEERING INC 15403 E. 17TH AVE, SUITE E EULESS, LESS, TX 76039 GROUND ENGINEERING CONSULT 2468 EAST 9TH STREET LOVE LA N D CO 80537 TS INC PROFESSIONAL SERVICES INDUSTRIES INC 1070 W. 124TH AVENUE, SUITE 800 WESTMINSTER CO 80234 YEH & ASSOCIATES 11520 21sT STREET, UNIT #6 GREELEY CO 80634 NINYO & MOORE GEOTECNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS 6001 S. WILLOW DRIVE, SUITE 195 GREENWOOD VILLAGE CO 80111 KUMAR & ASSOCIATES INC 800 STOCKTON N AVENUE, #4 FORT COLLINS CO 80524 CTL THOMPSON INC 400 N. LINK LANE FORT COLLINS CO 8052 GEOCAL INC 7290 SOUTH FRASER STREET CENTENNIAL CO 80112 $187,910.00 $221,460.00 $249,092.00 $317,565.00 $339,185.00 $390,690.00 $402,365.00 $4 9,589.00 2022...0453 THE PUBLIC `:` ; 0 K DEPARTMENT IS REVIEWING THE BIDS. 00-1,/ (31 gG1oc 2022 Geotechnical Testing Service (Proposal No. B2200048) Description Item # Unit Est. # of Tests Per Year Eng. Est. Item Cost Total Item Cost Total GEOCAL CTL Thompson Inc. Kumar Ninyo & Moore PSI YEH Terradyne Item Cost Total Item Cost Total Item Cost Total Item Cost I Total Item Cost Total Item Cost Total Item Cost I Total Soils Att. Limits, Classification, Liquid limit, P.L, PI (Dry Prep) (AASHTO T89 & T90) Att. Limits, Classification, Liquid D4318) 101 Ea. 20 $ 57.00 $ 1,140.00 $ 50.00 $ 1,000.00 85.00 $ 1,700.00 $ 85.00 $ 1,700.00 $ 50.00 $ 1,000.00 $ 100.00 imit, Pt, PI (Wet Prep) (ASTM 102 Ea. 20 $ 61.00 $ 1,220.00 $ 50.00 $ 1,000.00 85.00 $ 1,700.00 $ 85.00 1,700.00 $ 50.00 $ 1,000.00 $ 120.00 R -Value (AASHTO T190) 103 Ea. 20 $ 323.00 $ 6,460.00 $ 250.00 $ 5,000.00 450.00 $ 9,000.00 $ 600.00 $ 12,000.00 $ 350.00 $ 7,000.00 $ 300.00 Proctor - Standard (AASHTO 199) 104 Ea. 20 $ 108.00 $ 2,160.00 $ 100.00 $ 2,000.00 150.00 $ 3,000.00 $ 135.00 2,700.00 $ 100.00 $ 2,000.00 $ 150.00 Proctor - Modified (AASHTO T180) 105 Ea. 20 $ 116.00 $ 2,320.00 $ 100.00 $ 2,000.00 180.00 $ 3,600.00 $ 145.00 $ 2,900.00 $ 115.00 $ 2,300.00 $ 150.00 Proctor - One Point Check (FMM CP23 & CP25) 106 Ea. 20 $ 49.00 $ 980.00 $ 40.00 800.00 $ 65.00 $ 1,300.00 $ 90.00 $ 1,800.00 $ 100.00 $ 2,000.00 $ 50.00 $ 2,000.00 $ 2,400.00. $ 6,000.00 $ 3,000.00 $ 3,000.00 $ 65.00 1,300.00 $ 170.00 $ 3,400.00 $ 59.00 $ 1,180.00 $ 65.00 1,300.00 $ 100.00 $ 2,000.00 $ 79.00 $ 1,580.00 380.00 7,600.00 $ 400.00 $ 8,000.00 95.00 1,900.00 200.00 $ 4,000.00 155.00 $ 3,100.00 115.00 $ 2,300.00 $ 1,000.00 Nuclear Field Density Testing (FMM CP80 & CP25) (3 or more Per Trip) 107 Hr. 100 $ 58.00 $ 5,800.00 $ 65.00 $ 6,500.00 $ 62.00 $ 6,200.00 $ 80.00 $ 8,000.00 $ 60.00 $ 6,000.00 $ 12.00 $ 1,200.00 $ 65.00 $ 1,300.00 48.00 $ 4,800.00 220.00 $ 4,400.00 $ 175.00 $ 3,500.00 200.00 $ 4,000.00 $ 80.00 $ 1,600.00 $ 75.00 $ 7,500.00 $ 49.00 $ 4,900.00 Gradation (CP30 & CP31) 108 Ea. 60 $ 60.00 $ 3,600.00 L.A Abrasion test (AASHTO T96) 109 Ea. 10 150.00 $ 1,500.00 Concrete $ 60.00 150.00 $ 3,600.00 $ 90.00 $ 5,400.00 60.00 $ 3,600.00 $ 85.00 $ 5,100.00 $ 125.00 $ 7,500.00 $ 60.00 $ 3,600.00 $ 90.00 $ 5,400.00 $ 49.00 $ 2,940.00 $ 1,500.00 275.00 $ 2,750.00 110.00 $ 1,100.00 $ 150.00 $ 1,500.00 190.00 $ 1,900.00 225.00 Z250.00 $ 200.00 2,000.00 Standard Concrete Cylinders (Sampling and all testing) (Set of 5) (FMM CP 61, AASHTO T152,1121, C1064, 1119, T23, & 201 Ea. 30 $ 173.00 $ 5,190.00 $ 225.00 $ 6,750.00 $ 398.00 $ 11,940.00 $ 120.00 $ 3,600.00 $ 180.00 $ 5,400.00 $ 420.00 $ 12,600.00 $ 200.00 $ 6,000.00 $ 75.00 $ 2,250.00 ASTM C39) Additional cylinder (Per Each) 202 Ea. 30 15.00 $ 450.00 $ 14.00 $ 420.00 $ 25.00 750.00 $ 17.00 510.00 $ 15.00 450.001$ 17.00 $ 510.00 14.00 420.00 ) $ 20.00 600.00 Compression test (Cap, Cure, and Break FOB lab) (Set of 5) 203 Ea. 10 $ 75.00 $ 750.00 84.00 $ 840.00 $ 210.00 $ 2,100.00 $ 100.00 $ 1,000.00 $ 90.00 $ 900.00 $ 105.00 $ 1,050.00 $ 70.00 $ 700.00 $ 120.00 $ 1,200.00 Concrete Beams (Set of 3) (FMM CP 61, AASHTO 1152, T121, T119, T97, ASTM C39 & C1064) 204 Ea. 10 $ 261.00 $ 2,610.00 Additional beam (Per Each) Splitting Tensile Strength (Set of 5) (ASTM C496 & C496-11, AASHTO T198-15) 205 Ea. 10 $ 87.00 $ 870.00 206 Ea. 10 $ 25.00 $ 250.00 $ 250.00 50.00 $ 300.00 $ 2,500.00 $ 450.00 $ 4,500.00 $ 190.00 $ 1,900.00 $ 75.00 $ 750.00 $ 300.00 $ 3,000.00 $ 155.00 $ 1,550.00 $ 240.00 $ 2,400.00 $ 500.00 $ 50.00 $ 500.00 $ 55.00 550.00 $ 25.00 $ 250.00 $ 100.00 $ 1,000.00 $ 55.00 $ 550.00 80.00 800.00 $ 3,000.00 $ 150.00 $ 1,500.00 $ 55.00 550.00 $ 210.00 $ 2,100.00 $ 95.00 $ 950.00 $ 240.00 $ 2,400.00 $ 170.00 $ 1,700.00 Sand equivalent (FMM CP 30 & CP 37) 207 Ea. 5 92.00 $ 460.00 80.00 $ 400.00 $ 85.00 $ 425.00 $ 110.00 550.00 $ 75.00 $ 375.00 $ 110.00 $ 550.00 $ 69.00 345.00 $ 90.00 $ 450.00 $ 2,280.00 76.00 480.00 1,020.00 50.00 250.00 Air Pot Calibration (ASTM C231) 208 Ea. 4 Asphalt Gradation (FMM CP30, CP31 & CP-L5120) 301 Ea. 50 40.00 160.00 70.00 $ 3,500.00 60.00 $ 3,000.00 S.G. absorption (Plus #4 material) (AASHTO T85) 302 Ea. 35 $ 66.00 $ 2,310.00 S.G. absorption (Minus #4 material) (FMM CPL 4102) Fractured Face Determination (FMM CP 30, CP 45, & AASHTO T304 A) 303 Ea. 35 $ 66.00 $ 2,310.00 304 Ea. 15 $ 60.00 $ 900.00 Flat Elongated Particles (D4791 Meth. B) 305 Ea. 15 61.00 915.00 306 Ea. 200 89.00 17,800.00 Lottman Test (FMM CP 41, CP 55, CPL -5109 & CPL -5115) 307 Ea. 5 395.00 1,975.00 Mix Design Bulk Unit Weight & Hveem Stability Verification (FMM CP 52 & CP 31) 308 Ea. 35 500.00 17,500.00 Bitumen Content by extraction, gradation Analysis of Extracted Agg. (FMM CPL 5120 & CP 31,) 309 Ea. 150 175.00 26,250.00 Bitumen Content by Extraction (FMM CPL 5120) 310 Ea. 100 80.00 8,000.00 Density test 3 or more Per Trip (FMM CP 44, CP 81 & CP 82) 311 Hr. 50 69.00 3,450.00 $ 45.00 $ 55.00 $ 50.00 $ $ 1,575.00 $ 1,925.00 $ 750.00 600.00 80.00 16,000.00 $ 31.00 $ 124.00 $ 45.00 $ 180.00 $ 60.00 $ 240.00 $ 48.00 $ 192.00 50.00 $ 200.00 $ 235.00 $ 11,750.00 $ 265.00 $ 13,250.00 $ 195.00 $ 9,750.00 $ 225.00 $ 11,250.00 $ 88.00 $ 4,400.00 100.00 $ 5,000.00 100.00 $ 3,500.00 $ 50.00 $ 1,750.00 $ 80.00 $ 2,800.00 $ 55.00 $ 1,925.00 $ 64.00 2,240.00 60.00 $ 2,100.00 100.00 $ 3,500.00 50.00 $ 1,750.00 $ 80.00 $ 2,800.00 $ 55.00 $ 1,925.00 $ 64.00 $ 2,240.00 $ 80.00 $ 2,800.00 60.00 900.00 153.00 2,295.00 $ 60.00 900.00 150.00 2,250.00 64.00 960.00 75.00 325.00 $ 1,625.00 340.00 $ 11,900.00 140.00 21,000.00 70.00 7,000.00 65.00 3,250.00 60.00 140.00 450.00 3,000.00 Field Coring Samples 6" Inside Diameter Core Barrel 312 Hr. 10 81.00 810.00 75.00 750.00 Field Coring Samples 4" Inside Diameter Core Barrel 313 Hr. 10 81.00 810.00 75.00 750,00 Bulk specific Gravity (FMM CP 44) 314 Ea. 50 38.00 1,900.00 40.00 2,000.00 235.00 150.00 62.00 100.00 100.00 175.00 35,250.00 900.00 200.00 3,000.00 $ 60.00 900.00 105.00 1,575.00 64.00 960.00 60.00 28,000.00 125.00 25,000.00 $ 80.00 16,000.00 2,250.00 465.00 2,325.00 $ 425.00 2,125.00 1,800.00 63,000.00 $ 325.00 11,375.00 500.00 215.00 30,000.00 150.00 30,000.00 115.00 2,500.00 7,525.00 158.00 790.00 500.00 1,125.00 900.00 23,000.00 2,500.00 250.00 8,750.00 200.00 7,000.00 220.00 7,700.00 265.00 39,750.00 $ 195.00 29,250.00 15,000.00 174.00 17,400.00 $ 195.00 19,500.00 31100.00 80.00 4,000.00 $ 60.00 3,000.00 1,000.00 150.00 1,500.00 $ 80.00 800.00 1,000.00 150.00 1,500.00 $ 80.00 800.00 225.00 $ 33,750.00 125.00 35.00 8,750.00 60.00 3,000.00 $ 30.00 1,500.00 Air void Percentage (FMM CPL 5115) 315 Ea. 20 100.00 2,000.00 55.00 1,100.00 175.00 3,500.00 60.00 1,200.00 $ 80.00 1,600.00 175.00 26,250.00 150.00 22,500.00 100.00 15,000.00 12,500.00 88.00 8,800.00 160.00 16,000.00 250.00 25,000.00 12,000.00 48.00 2,400.00 75.00 70.00 $ 700.00 25.00 155.00 1,550.00 150.00 700.00 95.00 950.00 125.00 Binder recovered (AASHTO M320) 316 Ea. 5 1,800.00 9,000.00 400.00 $ Z000.00 600.00 3,000.00 1,500.00 7,500.00 $ 85.00 425.00 1,750.00 500.00 200.00 $ 1,000.00 30.00 1,500.00 225.00 4,500.00 155.00 775.00 Binder Un-recovered (AASHTO R59 & T164) 317 Ea. 5 1,000.00 5,000.00 400.00 $ 2,000.00 H MA / Oven Calibration (Each HMA Mix Design) 318 Ea. 20 338.00 6,760.00 300.00 6,000.00 2,300.00 46,000.00 1,500.00 7,500.00 $ 85.00 425.00 200.00 1,000.00 155.00 775.00 55.00 180.00 800.00 275.00 3,750.00 11500.00 1,250.00 190.00 3,800.00 $ 350.00 7,000.00 300.00 6,000.00 500.00 2,750.00 3,600.00 4,000.00 1,375.00 10,000.00 280.00 14,000.00 110.00 1,100.00 100.00 1,000.00 80.00 4,000.00 1,700.00 CRS -2R Emulsion Testing: Residue by Evaporation - CP L2212/ASTM D6997, Penetration - ASTM D5, Ductility - ATM D113, Ductility Cold Weather - ASTM D5801, Toughness & Tenacity - ASTM 5801 319 Ea. 4 1,000.00 4,000.00 400.00 11600.00 1,000.00 4,000.00 2,000.00 8,000.00 $ 350.00 1,400.00 500.00 2,000.00 350.00 1,400.00 2,300.00 Laboratory Services Unconfined Compression (Set of 3) (ASTM D1633) 401 Ea. 80 $ 100.00 $ 8,000.00 $ 60.00 $ 4,800.00 $ 150.00 $ 12,000.00 $ 140.00 $ 11,200.00 $ 180.00 $ 14,400.00 $ 525.00 $ 42,000.00 $ 60.00 $ 4,800.00 $ 70.00 $ 5,600.00 $ 90.00 $ 7,200.00 Additional Unconfined Compression Specimen 402 Ea. 10 $ 25.00 $ 250.00 $ 20.00 $ 200.00 $ 130.00 $ 1,300.00 $ 40.00 $ 400.00 $ 60.00 $ 600.00 $ 175.00 $ 1,750.00 $ 160.00 $ 1,600.00 $ 70.00 $ 700.00 $ - One-dimensional Swell test (ASTM D4565) 403 Em 5 $ 65.00 $ 325.00 $ 60.00 $ 300.00 $ 130.00 $ 650.00 $ 55.00 $ 275.00 $ 70.00 $ 350.00 $ 225.00 $ 1,125.00 $ 65.00 $ 325.00 $ 170.00 $ 850.00 $ 135.00 $ 675.00 Non -Coated Bar (ASTM A370) 404 Ea. 5 $ 758.00 $ 3,790.00 $ 200.00 $ 1,000.00 $ 1,000.00 $ 5,000.00 $ 145.00 $ 725.00 $ 150.00 $ 750.00 $ 60.00 $ 300.00 $ 450.00 $ 2,250.00 $ 50.00 $ 250.00 $ - Epoxy Bar (ASTM A370) 405 Ea. 5 $ 866.00 $ 4,330.00 $ 200.00 $ 1,000.00 $ 1,000,00 $ 5,000.00 $ 145.00 $ 725.00 $ 150.00 $ 750.00 $ 60.00 $ 300.00 $ 450.00 $ 2,250.00 $ 50.00 $ 250.00 $ - Dust Palliative 406 Ea. 5 $ 271.00 $ 1,355.00 $ 100.00 $ 500.00 $ 1,000.00 $ 5,000.00 $ 1,000.00 $ 5,000.00 $ 125.00 $ 625.00 $ 100.00 $ 500.00 $ - $ - $ - $ - Top Soil Testing 407 Ea. 5 $ 123.00 $ 615.00 $ 75.00 $ 375.00 $ 1,000.00 $ 5,000.00 $ 45.00 $ 225.00 $ 100.00 $ 500.00 $ 50.00 $ 250.00 $ 65.00 $ 325.00 $ 35.00 $ 175.00 . $ - Resistivity (ASTM G57) 408 Ea. 15 $ 63.00 $ 945.00 $ 60.00 $ 900.00 $ 50.00 $ 750.00 $ 120.00 $ 1,800.00 $ 150.00 $ 2,250.00 $ 50.00 $ 750.00 $ 90.00 $ 1,350.00 $ 50.00 $ 750.00 $ - Water Soluble Chloride (FMM CPL 2104) 409 Ea. 15 $ 63.00 $ 55.00 $ 90.00 $ 1,350.00 $ 945.00 $ 50.00 $ 750.00 $ 50.00 $ 750.00 $ 825.00 $ 50.00 $ 750.00 $ 25.00 $ 375.00 $ 15.00 $ 225.00 $ 50.00 $ 750.00 Water Soluble Sulfate (FMM CPL 2103) 410 Ea. 15 $ 47.00 $ 705.00 $ 50.00 $ 750.00 $ 325.00 $ 4,875.00 $ 55.00 $ 825.00 $ 50.00 $ 750.00 $ 25.00 $ 375.00 $ 15.00 $ 225.00 $ 50.00 $ 750.00 $ 90.00 $ 1,350.00 pH (AASHTO G51) 411 Ea. 15 $ 34.00 $ 510.00 $ 50.00 $ 750.00 $ 30.00 $ 450.00 $ 50.00 $ 750.00 $ 40.00 $ 600.00 $ 120.00 $ 1,800.00 $ 40.00 $ 600.00 $ 50.00 $ 750.00 $ 25.00 $ 375.00 Sodium Sulfate Soundness (ASTM C88/C88M) 412 Ea. 5 $ 207.00 $ 1,035.00 $ 200.00 $ 1,000.00 $ 350.00 $ 1,750.00 $ 231.00 $ 1,155.00 $ 50.00 $ 250.00 $ 250.00 $ 1,250.00 $ 150.00 $ 750.00 $ 280.00 $ 1,400.00 $ 50.00 $ 250.00 Miscellaneous Drilling and sampling 501 Hr. 40 $ 242.00 I $ 9,680.00 $ 300.00 I $ 12,000.00 $ 170.00 I $ 6,800.00 $ 195.00 $ 7,800.00 $ 260.00 $ 10,400.00 $ 310.00 $ 12,400.00 $ 165.00 $ 6,600.00 $ 260.00 I $ 10,400.00 $ 180.00 $ 7,200.00 Hourly rates / Mileage Principle Engineer and/or Geologist 601 Hr. 100 $ 150.00 $ 15,000.00 $ 95.00 $ 9,500.00 $ 230.00 $ 23,000.00 $ 170.00 $ 17,000.00 $ 265.00 $ 26,500.00 $ 180.00 $ 18,000.00 $ 155.00 $ 15,500.00 $ 195.00 $ 19,500.00 $ 151.00 $ 15,100.00 Geotechnical Engineer/ Department Manager 602 Hr. 100 $ 116.00 $ 11,600.00 $ 95.00 $ 9,500.00 $ 126.00 $ 12,600.00 $ 140.00 $ 14,000.00 $ 145.00 $ 14,500.00 $ 150.00 $ 15,000.00 $ 155.00 $ 15,500.00 $ 170.00 $ 17,000.00 $ 92.00 $ 9,200.00 Senior Field Technician 603 Hr. 500 $ 64.00 $ 32,000.00 $ 60.00 $ 30,000.00 $ 75.00 $ 37,500.00 $ 100.00 $ 50,000.00 $ 110.00 $ 55,000.00 $ 70.00 $ 35,000.00 $ 55.00 $ 27,500.00 $ 100.00 $ 50,000,00 $ 55.00 $ 27,500.00 Field Technician 604 Hr. 500 $ 55.00 $ 27,500.00 $ 50.00 $ 25,000.00 $ 62.00 $ 31,000.00 $ 75.00 $ 37,500.00 $ 60.00 $ 30,000.00 $ 60.00 $ 30,000.00 $ 48.00 $ 24,000.00 $ 75.00 $ 37,500.00 $ 50.00 $ 25,000.00 Mileage 605 Mile 500 $ 0.65 $ 325.00 $ 1.00 $ 500.00 $ 0.55 $ 275.00 $ 0.60 $ 300.00 $ - $ - $ - $ - $ 0.99 $ 495.00 $ 0.58 $ 290.00 $ 0.76 $ 380.00 TOTAL $ 270,020.00 $ 221,460.00 $ 489,589.00 $ 402,365.00 $ 309,690.00 $ 333,685.00 $ 248,042.00 $ 317,565.00 $ 187,910.00 Vender Bid $ 221,460.00 $ 489,589.00 $ 402,365.00 $ 309,690.00 $ 339,185.00 $ 249,092.00 $ 317,565.00 $ 187,910.00 Error in Bid $ (5,500.00) $ (1,050.00) No on Addendum waiver Signature Missed Addendum #4 Signoff Receipt Addendum for Addendum #4 only of No Addendum Signoff Receipt of No Addendum Signoff Receipt of Firm's on required service Rate less than Missed W-9 form Errors in Bid Errors in Bid Non Responsive Bid Acknowledge ment of Sheet Bid Hello