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HomeMy WebLinkAbout20211701.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS AROUND TITLE: Weld County 2023 Pavement Smoothness Testing and Grinding - Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 3/9/2023 PERSON REQUESTING: Ryan Axtman, Weld County Public Works Brief description of the problem/issue: The original agreement for the Pavement Smoothness Testing and Grinding Contract B2100106/2021-1701, can be extended from May 30th, 2023, to May 31st, 2024, as permitted by the contract. This extension would be in the third year of the possible three-year term limit. The contract also allows for yearly rate adjustments based upon the current Denver/Aurora/Lakewood Consumer Price Index, which has projected a 6.4% increase from 2022 to 2023. CPP Engineering did request an increase in price, which averages out to be an 8% increase for 2023. As an independent small business, CPP Engineering has requested the higher increase to remain profitable while also staying ahead of their overhead costs and fees. Attached to this pass around is a copy of the contract extension/renewal, a cost comparison Fee Schedule from 2022 to 2023. The budgeted amount for 2023 is $300,000.00. CPP Engineering was awarded this contract in 2021 as the sole low bid contractor and the department has been satisfied with their work. 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 CPP Engineering, INC. under the Pavement Smoothness Testing and Grinding Contract. tiggaile Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Seine Niurri-1219 enc19- 64/03/Z3 7_07J -riot FC-,OO-1q CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND CPP ENGINEERING, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 3Vd day of 2023, by and between the Board of Weld County Commissioners, on behalf of the Weld County De artment of Public Works, hereinafter referred to as the "Department", and CPP 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. 2021-1701, Contract ID No. 5001, approved on August 4th, 2021. WHEREAS the parties entered into an agreement 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 No. 5857, approved on June 6th, 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 June 6v, 2023. The parties agree to extend the Original Agreement for a one (1) -year period, which will begin June 6cn 2023, and will end on June 6th, 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 Item rates and mileage. 2. There are no changes being made to the Contract Documents. 3. The Engineering total budgeted amount for the period of June 6th, 2023, to June 6th, 2024, is $300,000.00 All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: CPP Engineering, Inc. '4 Printed Na /l Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman Chair P (21.23 ATTEST: _ 4,0414)``/ Weld C 2023 Pavement Smoothness Testing and Grinding Item u I I unit I 2022 ee Schedule Unit 2023 Fee Schedule Item Cost ItFem Cost Corrective Smoothness Grinding 202-00170 IHMA Pavement I I$ STY, I$ 11.25 202-00171 PCCP Pavement SY 15.75 Smoothness Grinding 17.00 202-00242 I HMA Pavement (Special) I Hr. I 00.00 I: Hr. I$ $ 650.00 202-00243 PCCP Pavement (Special) Hr. 900.00 Sweeping Hr 975.00 203-01620 ( Kick Broom - Sweepings Discharged to Shoulder I Hr. I$ 130.00 Hr. I$ 140.00 203-01622 P/U and Disposal of Pavement Grindings Hr. $ 150.00 Emulsified Asphalt I Hr. $ 175.00 I 411-10253 CSS-lh GAL I $ - Transverse Rumble Strip Clusters and Strips GAL $ 61480386 (4 -8"-4")(12 Grooves Per Cluster 11'-4" Lane Width)(HMA Pavement)(Special) Ea. $ 800.00 Ea. $ 850.00 614-80387 (4 -8 -4 )(12Groovesper Clusterll'-4"Lane Wldth)(PCCP Pavement)(Special) Ea. $ 2,400.00 Ea. $ 2,550.00 614-80391 8" or 12"-HMA Pavement (Fog Line or Center Line) LF $ 0.25 Ea. $ 0.27 614-80392 614-80393 8" or 12" - PCCP Pavement (Fog Line or Center Line) 8" or 12" - HMA Pavement (Fog Line or Center Line)(Less Than 4,000 LF LS $ 0.75 $ 2,000.00 Ea. Ea. $ 0.81 $ 2,150.00 614-80394 8l r 12" - PCCP Pavement (Fog Line or Center Line)(Less Than 4,000 F LS $ 6,000.00 Ea. $ 6,450.00 Mobilization 62600000 Grinder- Mobilization North of WCR 74 and West of WCR 49 LS $ 1,700.00 LS LS $ 1,800.00 $ 1,900.00 626-00001 626-00002 Grinder- Mobilization North of WCR 74 and East of WCR 49 Grinder- Mobilization South of WCR 74 and West of WCR 49 LS LS LS $ 1,800.00 $ 1,500.00 $ LS LS $ 1,600.00 $ 1,700.00 626-00003 62600004 Grinder - Mobilization South of WCR 74 and East of WCR 49 Profilograph - Mobilization North of WCR 74 and West of WCR 49 LS 1,600.00 $ 850.00 LS $ 900.00 626-00005 Profilograph - Mobilization North of WCR 74 and East of WCR 49 LS $ 900.00 LS $ 950.00 626-00006 Profilograph - Mobilization South of WCR 74 and West of WCR 49 LS $ 750.00 LS $ 800.00 626-00007 Profilograph - Mobilization South of WCR 74 and East of WCR 49 LS $ 800.00 LS $ 850.00 626-00008 626-00009 Sweeping- Mobilization North of WCR 74 and West of WCR 49 Sweeping - Mobilization North of WCR 74 and East of WCR 49 LS LS $ 600.00 $ 750.00 LS LS $ 700.00 $ 875.00 626-00010 Sweeping - Mobilization South of WCR 74 and West of WCR 49 LS $ 300.00 LS $ 350.00 626-00011 62600012 Sweeping - Mobilization South of WCR 74 and East of WCR 49 Tack Truck or Striping Truck- Mobilization North of WCR 74 and West of WCR 49 LS LS $ 450.00 '1700 LS LS $ 525.00 $ 62600013 Tack Truck or Striping Truck - Mobilization North of WCR 74 and East ofWCR 49 LS `1800 L5 $ 62600014 Tack Truck or Striping Truck- Mobilization South of WCR 74 and West of WCR 49 LS '1500 LS $ 62600015 Tack Truck or Striping Truck- Mobilization South of WCR 74 and East ofWCR 49 LS •1600 LS $ 626-00016 Traffic Control - Mobilization North of WCR 74 and West of WCR 49 LS $ 900.00 LS $ 975.00 626-00017 Traffic Control - Mobilization North of WCR 74 and East of WCR 49 LS $ 1,100.00 LS $ 1,200.00 626-00018 Traffic Control - Mobilization South of WCR 74 and Wert of WCR 49 LS $ 600.00 LS $ 650.00 626-00019 Traffic Control Mobilization South of WCR 74 and East of WCR 49 LS $ 750.00 LS $ 800.00 Pavement Marking 627-00011 Smoothness Pavement Marking Paint (Waterborne) (Low VOC) Verification GAL I$ 475.00 _ _ GAL $ 510.00 63080570 HMAor PCCP(Existing Conditions)(Grind Check Su rface)(Including ClP Projects) Segment $ 1,600.00 Segment $ 1,725.00 63080571 HMA or PCCP Final Surface (Includes Defective Segment Locates & Analysis)(Includes CIP Projects) Segment $ 2,000.00 Segment $ 2,150.00 Traffic Control 630-00000 630-00001 Flagging Mobile Closure- TC Plans, 3 Man Crew, 50 cones &8AWS HR HR $ 40.00 $ 160.00 HR HR HR $ 43.00 $ 175.00 630-00002 Lane Closure -TC Plans, 4 Man Crew, 150 cones & 8 AWS HR $ 200.00 HR $ 220.00 $ 145.00 630-00003 630-80359 630-85020 Uniformed Traffic Control Portable Message Sign Panel Mobile Attenuator HR Day Day $ 130.00 $ 60.00 $ 1,100.00 Day Day $ 70.00 $ 1,200.00 34,122.25 36,782.33 % Difference from 2022 2,660 08 8% ACOREF CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/09/2022 THIS CERTIFICATE IS ISSUESsGS 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 cons rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Joel Walker NAME: Blue Sky Ins IA/PHONEo, Est):(A/C, (303) 647-5477 I FAX C, NNo►: 88 Inverness Circle East walker bsk ins.com Vass, jwalker@bskyins.com ADDRE Suite A-103 INSURER(S) AFFORDING COVERAGE NAIL # Englewood CO 80112 INSURER A : Mesa Underwriters Specialty Ins Co 013842 INSURED INSURER B : SECURA 22543 CPP Engineering, Inc wsuRER C : National Union Fire Ins. Co of Pittsburg PA 19445 9345 Commerce Center St. INSURER D : P.nacol Assurance 41190 Unit E-6 INSURER E : Certain Underwriters at Lloyds Highlands Ranch CO 80129 INSURER F: COVERAGES CERTIFICATE NUMBER: CL218414353 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OIL MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MM/DDM�VY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE QT�UR MP0005006002252 08/01/2022 08/01/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY N JECT Q LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 B AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY v SCHEO1 . !� AUTO X AUTos ONLY AUT. Oa A3256536 08/01/2022 08/01/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accdent) $ PROPERTY DAMAGE (Per accident) $ C X UMBRELLA LIAB EXCESS LIAB OCCUR X CLAIMS -MADE BE019191144 08/01/2022 08/01/2023 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED I XI RETENTION $ 110,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECLLTIVE Y/ N OFFICER/MaiTacrXCLUDED? E (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Wow N. 4225517 08/01/2022 08/01/2023 XI STATUTE I I EORH Et...ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ E Professional Liability MR214810 08/01/2022 08/01/2023 Limit Aggregate $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Board of County Commissioners of Weld County, Colorado, its officers, and employees are named as additionally insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 758 AUTHORIZED REPRESENTATIVE Greeley I CO 80632 . -, /// ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 — January 2023 Area prices rose OA percent In December and January, up 6.4 percent over the year Prices in the Denver -Aurora -Lakewood area, as measured by the Consumer Price Index for All Urban Consumers (CPI -U), advanced 0.9 percent for the two months ending in January 2023, the U.S. Bureau of Labor Statistics reported today. Assistant Commissioner for Regional Operations Michael Hirniak noted that the all items less food and energy index advanced 0.7 percent in December and January, largely due to an increase in the indexes for recreation and apparel. The food index rose 2.0 percent, while the energy index increased 1.2 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 advanced 6.4 percent. The index for all items less food and energy rose 5.9 percent over the year, while food prices advanced 9.3 percent. Energy prices increased 8.8 percent, partly the result of an increase in the price of natural gas service. (See he a tr 1 and ale 1.) Chart t. Ove,-!„1: year Percent change in CPI -U, Denver -Aurora -Lakewood, CO, January 2026�January 2023 Percent cnenge _ Htl gems AI rems less looe and eneryy 144 ------------- --_-- - - - -- ------------ 2. Mey Jul Sep Nov Jan Mar nay Jul Sep 2427 p Nov Jan 2423 ...US. Bureau of Labor Stubs. View Chart Data Search Mountain -Plains ®a Contact Mountain -Plains News Release Information 23-288-KAN Tuesday, February 14, 2023 Contacts Technical inhumation: (816) 285-7000 BLSInfoKansasCilyerbls.gov www.bls.ggy egionWmountain-aegis Media contact: (816)285-7000 Related Links CPI Overview Table - U.S. and areas CPl Detailed Tables - Mountain Plains CPI Chart Package Area Economic Summaries Food Food prices increased 2.0 percent for the two months ending in January. The index for food at home (grocery store prices) advanced 2.3 percent, which was mainly due to an increase in prices for fruits and vegetables (+3.7 percent) and meats, poultry, fish, and eggs (+3.2 percent). Prices for food away from home (restaurant, cafeteria, and vending purchases) increased 1.7 percent for the same period. Over the year, food prices advanced 9.3 percent. Prices for food at home rose 11.5 percent since a year ago, with all six major grocery store food group indexes contributing to the rise. The other food at home index (sugar, sweets, fats, and oils, for example) contributed most to the over -the -year increase at 11.4 percent. Prices for food away from home advanced 6.4 percent over the same period. Energy The energy index rose 1.2 percent in December and January. The increase within this index was primarily due to higher prices for natural gas service, but the index for electricity (+0.8 percent) also contributed. Prices for gasoline also advanced 1.3 percent over the two -month period. From January 2022 to January 2023, energy prices increased 8.8 percent, largely due to higher prices for natural gas services, but all components contributed. Prices paid for electricity advanced 9.1 percent, and prices for gasoline rose 4.7 percent during the past year. All items less food and energy The index for all items less food and energy increased 0.7 percent in December and January, after rising 0.9 percent in October and November. Higher prices for recreation (+4.7 percent), apparel (+7.9 percent) and owners' equivalent rent of residences (+0.5 percent) were partially offset by lower prices for used cars and trucks (-4.1 percent), public transportation, and household', furnishings and operations (-0.9 percent). Over the year, the index for all itemsless food and energy rose 5.9 percent. Components contributing to the increase included owners' equivalent rent of residences (+9.2 percent), rent of primary residence (+12.7 percent), and recreation (+7.7 percent). Partially offsetting these increases was a decline in the prices paid for used cars and trucks (-10.6 percent), and medical care services. The March 2023 Consumer Price, Index for the Denver -Aurora -Lakewood area is scheduled to be released on Wednesday, April 12, 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 (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, dothing, 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. 1 /3 1 325.804! 6.4, 1.7 Alcoholic beverages 226.971; 231.874 7.5 2.2 314.5531 316.121, 9.4' 0.5' Shelter 364.4717 365.325' 366.309 10.0 0.5 0.3 Rent of primary residence 385.681! 387.1891 387.961 12.7l 0.6 0.2'. , Owners'Owners' equivalent rent of primary residenagJ 357 893`— 358.991 equivalent rent of residencesed 1 357 893; 358 991 359.570 9.21t 0.5 pri ry ---_— —---I ---94v -! ._ 359.570' 9_2' 0.5 —Fuels and utilities 273.7: 281.866, 11.0, 2.9' — — — — — — - 184.565i 187.6881 189_880 13.4! 2.9 1.21 Energy services 182.399; 185.6881 187.589, 13.4 2.8 1.01 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 he intemet at wwbls.gov/ci2 and the CPI section of the BLS Handbook of Methods available on the Internet at wwv_,¢tggyigoub/ho Lg74. 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 sampisg 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 volatilsy 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 ales; 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, gear 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 Rice Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods, Denver -Aurora -Lakewood, CO (1982-84=100 unless otherwise noted) Item and Group Ali items I Alf Items (1987 = 100) I Food and beverages Food Food at home Cereals and bakery products Meats, poultry fist, and eggs Dairy and related products Fruits and vegetables Indexes I- Percent change from - Nov. # Dec. I Jan. Jan. F Nov Dec. 2022 i son son son I son ! 2022 309.655, -j 312.392'! 6.41 0.9 1,032.569. 1,041.697 286.631' 292.445 9.1 2.0 293.347 299.284 9.3',, 2.0' ! 272.689; 275.381 278.907; 11.5T 2.3: 1.3 321 330 334.006 14.0!, 3.9 273.991! 282.6991 7.7! 3.2 233.699! 233.302 8.7 -0.2 305.9331 317.253 12.9 3.7 -I- Nonalcoholic beverages and beverage materiais3l 189 783: 196.642. 16.7' 3.6 Other food at tome 249 784 250.762T 11.4! 0.4 Housing Household weer. E8.8910ty 174.7821 174.782,' 176.214; U6I111Y (piped) gas service --_ . . _ ---- --------._ Household fumishingsand operations 141.756`, Apparel 112.326'; Transportation 316.690, Private transportation 316.048;, New end used metorvehiclesiil 133.181 252.5201 386.087; New vehicles(!, Used cars and wdcsw Motor fuel Gasoline (all types) Gasoline, unleaded reguiarld Gasoline, unleaded mldgrede(4►UB Gasoline, unbadbd premium(4) Medical are i Recreational (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 1998=100 base. 9.11 140.538 5.1 -0.9' 121.246 8.5 7.-9'- 313.111! 1.8 -1.1 314.603 2.1 -0.5 130.986 -1.6 254.377' 0.7! 370.424' -10.6 -4.1 0.2! 286.380 249.008- 288.331 5.9, 0.7 15.8': 279.590' 242.665 283.176; 4.7 1.3 16.7' 271342 234.127, 275.195! 4.8 1.4 17.51 275.909 242.841; 279.272' 4.8 1.2 15.01 ' 305 933. 272.092; 308.7431 4.5 0.9'. 13.5! 690.1241 -111 172.478 180.630! 7.7 4.71 I - Data not available. 2/3 Item and Grou EduceVon and communicat141) Tuition, other school fees, and childcare(?) _Other' goods and services Commodity and service groud Commodities Special aggregate Indexes All items less shelter All items less medical care Commodities lass food Nondurables Nondurables less food Services less rent of sheiter0 Services less medical care sen Energy All items less energy All Items Tess food and energy (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, February 14, 2023 hldexes I (Percent change from - Nov Dec # Jar! Jan. #1 Nov s Dec. 3022 2022 2023 2022ry } 2022 2022 :# 126.3n 128.219 3.2 1.5 1. 1,117.930' 1,117.729, 2.8 0.0 423.484', 429.295 2.4 1.4- 206.058 208.791; 4.6' 166.353! 167.880 2.2 0.9' 199.864 204.846' 4.7 132.153 131.490 0.1, -0.5 4008531 403.364 7.4 0.6 283.518, 286.756': 292.084" 294.673' 7.1. 0.9', 168.853; 170.500', 2.4 1.0' 243.4101 249.023 7.2 2.3, 201.675 206.769 5.0'1 2.5', 446.272 449.818' 4.1 0.8': 376.0681 378.993 8.5♦ 0.8 231.547 217.332 234.396 8.8, 1.2' 318.574 321.4221, 6.3! 0.9 324.329; 326.702 5.9 0.7 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�. I2ggyl gions/mountain-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, December29, 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 L, 2023, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: • 65.5 cents per miledriven 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 deduction 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. hops://www.irs.gov/newsroonnlirs 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 I PDF 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 Contract Form N Ent Entity Marne* CPP ENGINEERING INC Contract Narne * nformatiot Entity ID* 3'-00042530 Contract ID 2023 PAVEMENT SMOOTHNESS TESTING AND GRINDING 6788 Contract Status CTB REVIEW Contract Lead* RAXTMAN ❑ New Entity? Parent Contract ID 5001 Requires Board Approval YES Contract Lead Email Department Project raxtman@weldgov.com Contract Description* FINAL RENEWAL OF THE PAVEMENT SMOOTHNESS TESTING AND GRINDING CONTRACT. Contract Description 2 Contract Type* RENEWAL Amount* $300,000.00 Renewable* NO Automatic Renewal Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHead3rweldgov,com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY?WELDG OV.COM Requested BC)CC Agenda Date* 03x29=2023 Due Date 03:25,2023 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Cont Review Date* 03:15/2023 Renewal Date E Date 05/30/2023 Termination Notice Period Committed Delivery Date Expiration Date* 05;31'2024 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 DUANE NAIBAUER CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/23;2023 03;28;2023 03'30,2023 Final Approval BOCC Approved Tyler Ref # AG 040323 BOCC Signed Date BOCC Agenda Date 04.03:2023 Originator RAXTMAN curova c - I'pti52r5i MEMORANDUM TO: Jay McDonald, Director of Public Works DATE: May 16, 2022 FROM: Ryan Axtman, Public Works Department SUBJECT: 2022 Pavement Smoothness Testing & Grinding Contract, Renewal Bid No. B2100106 This is the second year of CPP Engineering's contract, for pavement smoothness testing and griding. CPP has submitted a new fee schedule with new and revised line items. The County's Engineering Division and CPP worked in conjunction to detail out a process that is both cost effective and will better fit the needs of the County, moving forward with this specific contract and contracts concerning this type of work in the future. CPP was allowed up to a 7.10% price increase on items from the 2021 contract, based on the March 2022 CPI, and chose to keep costs of prior items at an average of 5%. CPP was the sole bidder for the 2021 contract with a submitted bid of $82,325.00. The 2021 Engineering budget for this contact was $100,000.00. The 2022 Engineering budget for this contract was increased to $225,000.00. The Engineering Division and Pavement Management Division has seen the benefits in lengthening the lifespan and maintaining the condition of our County paved roads through this service. New items added to this renewal contract will include safety measures to help the traveling public navigate and maintain their attention while on our road system too. Approve of recommendation: Jay Md'Dorfid, 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 Rose Everett, Weld County Purchasing Christie Peters, Weld County Purchasing COnse,n PircteL o(iv 0ln/2Z ZOZI-fl�1 (►> 6610619 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2022 Pavement Smoothness and Testing - Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: MAY 16, 2022 PERSON REQUESTING: Ryan Axtman Construction Inspection Supervisor, Weld County Public Works Brief description of the problem/issue: The original agreement for the Pavement Smoothness, Testing and Grinding Contract can be extended from May 31, 2022, to May 31, 2023, as permitted by the contract. This extension would be in the second year of a possible three-year contract extension. The contract also allows for yearly rate adjustments based upon the current Denver/Aurora/Lakewood Consumer Price Index, which is projected at a 7.10% increase from 2021 to 2022. CPP Engineering did request an increase in price, which averages out to be a 5% increase for 2022. Additionally, fee schedule items were adjusted in conjunction with the contractor and Engineering staff to better fit the needs of this contract and the County's goal of cost savings. Attached to this pass around is a copy of the contract extension/renewal, the 2022 Fee Schedule, and a cost comparison from 2021 to 2022. The budgeted amount for 2022 is $225,000.00. CPP Engineering was awarded this contract in 2021 as the low bid contractor and the department has been satisfied with their work. 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: Staff recommends approval for CPP Engineering, Inc. under the Pavement Smoothness and Testing Contract Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Attachments 2021 Contract Agreement Extension/Renewal 2022 Fee Schedule 2021-2022 Cost Comparison CC: Jay McDonald, Director of Public Works Elizabeth Relford, Deputy Director Curtis Hall, Deputy Director Don Dunker, County Engineer CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND CPP ENGINEERING, Inc. ENGINEERING ON -CALL SERVICES - PAVEMENT SMOOTHNESS TESTING AND GRINDING I nth This Agreement Extension/Renewal ("Renewal"), made and entered into day of jaile, , 2022, 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 CPP 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. 2021-1701, approved on AUGUST 3, 2021. 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 current term of the Original Agreement will end on AUGUST 4, 2022. • The parties agree to extend the Original Agreement for an additional ONE (1) -YEAR period, which will begin MAY 31, 2022, and will end on MAY 30, 2023. • The Renewal, 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. This extension will be the second year of a possible three-year contract 2. Beginning on the date of the new term the 2022 Fee Schedule of the contract shall be replaced by the attached 2022 Fee Schedule, which is attached hereto and incorporated by reference. • 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: CPP ENGINEERING, INC. Printed Name Signature BOARD OF COUNTY COMMISSIONERS WELDAOUNTY, CQ.LORADO Scott k. James, Chair JUN 0 6 2022 ATTEST: Weld BY: Deputy Cler 4 o the : oa 0.119A1 -/7b / 4/4/22, 12:25 PM Inflation - Denver -Aurora -Lakewood Consumer Price Index I Department of Local Affairs COLORADO Department of Local Affairs Home (/) Inflation - Denver -Aurora -Lakewood Consumer Price Index Inflation - Denver -Aurora -Lakewood Consumer Price Index COVID-19 Relief for Local Governments Account Login (/account -login) Civil Asset Forfeiture Reporting (/civil -asset -forfeiture -reporting) Colorado Main Street Program Colorado Resiliency Office (/colorado-resiliency-office) Community Development Et Planning Funding Programs For local governments, Article X, Section 20 (otherwise known as TABOR), defines inflation to mean the percentage change in the United States Bureau of Labor Statistics Consumer Price Index (CPI) for Denver -Boulder (now Denver -Aurora -Lakewood). The Bureau of Labor Statistics (https://www.bls.gov/cpi/regional-resources.htm) provides the Denver -Aurora -Lakewood CPI figure and two State Agencies provide forecasts that can be used for the local government budget process. Actual Values Year 2021 2020 2019 2018 CPI Value 281.845 272.207 266.999 261.958 % Change 3.54% 1.951% 1.924% 2.731% https://cdola.colorado.gov/inflation-denver-aurora-lakewood-consumer-price-index 1/4 4/4/22, 12:25 PM Inflation - Denver -Aurora -Lakewood Consumer Price Index I Department of Local Affairs Local Government Information System (https://dola.colorado.gov/lgis/) Local Government Services Regional Managers (/regional - managers) REACT (/rural-community- initiative/react) Year 2017 2016 CPI Value 254.995 246.643 Bureau of Labor Statistics CPI Website (https://www.bls.gov/cWie.gional-resources.htm) Using CPI for Budget Projections % Change 3.386% 2.772% The Bureau of Labor Statistics releases the Denver -Aurora -Lakewood CPI figure annually around the end of February. Local governments recognize the timing of its release makes it too late to use actual numbers for annual budget preparation which must be completed in December. Accordingly most local governments find it necessary to use current year forecasts which are made available quarterly through both the Governor's Office of State Planning and Budgeting (OSPB) (Imps://www.colorado.ggL/governor/office-state- nning- budgeting). and the Colorado Legislative Council (http://leg.colorado.gov/agencies/legislative-council-staff). Many local officials use the forecasts to calculate TABOR limitations. Doing so necessitates recalculation of limits after the release of the actual Denver -Aurora -Lakewood CPI number to compare amounts approved in the budget document and make amendments if necessary. In January 2018, the Bureau of Labor Statistics introduced a new geographic area for the CPI. The local CPI changed from Denver - Boulder -Greeley to Denver -Aurora -Lakewood. The Bureau of Labor Statistics CPI (littps://www.blscgov/cpi/regianal resources.htm)provides more information, and past actual numbers for the calculation of the index. Projections Two State Agencies in Colorado develop quarterly projections for the Denver -Aurora -Lakewood CPI and both are provided here and updated quarterly. DOLA provides these forecasts on our webpage as a courtesy, for more information on these forecasts please follow the links to the forecasting State Agencies below. Organization Colorado Legislative Council Colorado Office of State Planning and Budgeting 2022 CPI Projections March 7.0% 7.2% 7.10% Avg. June September TBA TBA TBA TBA December TBA TBA https://cdola.colorado.gov/inflation-denver-aurora-lakewood-consumer-price-index 2/4 4/4/22, 12:25 PM Inflation - Denver -Aurora -Lakewood Consumer Price Index I Department of Local Affairs 2021 CPI Projections Organization March June September December Colorado Legislative Council 2.7% 3.1% 3.7% 3.7% Colorado Office of State Planning and Budgeting 2.4% 3.2% 3.7% 3.5% Organization Colorado Legislative Council Colorado Office of State Planning and Budgeting Organization Colorado Legislative Council Colorado Office of State Planning and Budgeting 2020 CPI Projections March June September December 2.2% 1.0% 1.7% 2.0% 1.7% 1.9% 2.5% 2.3% 2019 CPI Projections March June September December 2.3% 1.5% 1.8% 1.9% 2.3% 2.0% 1.7% 1.9% • Colorado Legislative Council (http://leg.colorado.gov/agencies/legislative-council-staff) • Colorado Office of State Planning and Budgeting_(https://www.colorado.gov/governor/office-state-planning-bpi jhttps://www.colorado.gov/governor/office-state-planning-IwAg) About DOLA (/about-dola) Careers (/available -positions). Contact _(/contact), Newsroom (/node/1507) Strategic Ft Legislative Planning 1/strategic-legislative-planning) Read Site in Another Language Select Language Powered by Google Translate (https://translate.google.com) https://cdola.colorado.gov/inflation-denver-aurora-lakewood-consumer-price-index 3/4 4/4/22, 12:25 PM Inflation - Denver -Aurora -Lakewood Consumer Price Index I Department of Local Affairs © 2022 State of Colorado I Transparency Online (https://data.colorado.gov/Government/Transparency-online-Project-TOPS-State-Government-/rifs-n6ib) Accessibility (https://www.colorado.gov/accessibility-standards). I Privacy Statement (https://www.colorado.gov/privacy-statement) Security Statement (bilps://www.colorado.govisecurity-statement). https://cdola.colorado.gov/inflation-denver-aurora-lakewood-consumer-price-index 4/4 2022 Fee Schedule Roadway Smoothness Profiling & Grinding 2021-2022 Item No. Description Unit Unit Price % Increase/Decrease 202-00170 'Corrective Smoothness Grinding - HMA Pavement SY $ 10.50 5% 202-00171 'Corrective Smoothness Grinding - PCCP Pavement SY $ 15.75 5% 202-00242 'Smoothness Grinding - HMA Pavement (Special) HR $ 600.00 4% 202-00243 Smoothness Grinding - PCCP Pavement (Special) HR $ 900.00 NEW 203-01620 Sweeping - Kick broom - Sweepings discharged to shoulder HR $ 130.00 NEW 203-01622 Sweeping - P/U and disposal of pavement grindings onsite HR $ 150.00 NEW 411-10253 Emulsified Asphalt (CSS-1h) GAL NA NA 614-80386 Transverse Rumble Strip Cluster (4"-8"-4")(12 Grooves per Cluster 11'-4" Lane Width)(HMA Pavement)(Special) EA $ 800.00 NEW 614-80387 Transverse Rumble Strip Cluster (4"-8"-4")(12 Grooves per Cluster 11'-4" Lane Width)(PCCP Pavement)(Special) EA $ 2,400.00 NEW 614-80391 8" or 12" - Rumble Strip - HMA Pavement (Fog Line or Center Line) LF $ 0.25 NEW 614-80392 8" or 12" -Rumble Strip - PCCP Pavement (Fog Line or Center Line) LF $ 0.75 NEW 614-80393 8" or 12" - Rumble Strip - HMA Pavement (Fog Line or Center Line)(Less Than 4,000 LF) LS $ 2,000.00 NEW 614-80394 8" or 12" -Rumble Strip - PCCP Pavement (Fog Line or Center Line)(Less Than 4,000 LF) LS $ 6,000.00 NEW 626-00000 Grinder - Mobilization North of WCR 74 and West of WCR 49 LS $ 1,700.00 -112% 626-00001 Grinder - Mobilization North of WCR 74 and East of WCR 49 LS $ 1,800.00 -106% 626-00002 Grinder - Mobilization South of WCR 74 and West of WCR 49 LS $ 1,500.00 -127% 628-00003 Grinder - Mobilization South of WCR 74 and East of WCR 49 LS $ 1,600.00 -119% 626-00004 'Profilograph - Mobilization North of WCR 74 and West of WCR 49 LS $ 850.00 -429% 626-00005 'Profilograph - Mobilization North of WCR 74 and East of WCR 49 LS $ 900.00 -417% 626-00006 •Profilograph - Mobilization South of WCR 74 and West of WCR 49 LS $ 750.00 -460% 626-00007 'Profilograph - Mobilization South of WCR 74 and East of WCR 49 LS $ 800.00 -444% 626-00008 Sweeping - Mobilization North of WCR 74 and West of WCR 49 LS $ 600.00 NEW 626-00009 Sweeping - Mobilization North of WCR 74 and East of WCR 49 LS $ 750.00 NEW 626-00010 Sweeping - Mobilization South of WCR 74 and West of WCR 49 LS $ 300.00 NEW 626-00011 Sweeping - Mobilization South of WCR 74 and East of WCR 49 LS $ 450.00 NEW 626-00012 Tack Truck or Striping Truck - Mobilization North of WCR 74 and West of WCR 49 LS $ 1,700.00 NEW 626-00013 Tack Truck or Striping Truck - Mobilization North of WCR 74 and East of WCR 49 LS $ 1,800.00 NEW 626-00014 Tack Truck or Striping Truck - Mobilization South of WCR 74 and West of WCR 49 LS $ 1,500.00 NEW 626-00015 Tack Truck or Striping Truck - Mobilization South of WCR 74 and East of WCR 49 LS $ 1,600.00 NEW 626-00016 Traffic Control - Mobilization North of WCR 74 and West of WCR 49 LS $ 900.00 NEW 626-00017 Traffic Control - Mobilization North of WCR 74 and East of WCR 49 LS $ 1,100.00 NEW 626-00018 Traffic Control - Mobilization South of WCR 74 and West of WCR 49 LS $ 600.00 NEW 626-00019 Traffic Control - Mobilization South of WCR 74 and East of WCR 49 LS $ 750.00 NEW 627-00011 'Pavement Marking Paint (Waterborne) (Low VOC) Gal $ 475.00 5% 630-80570 Smoothness Verification - HMA or PCCP (Existing Conditions)(Grind Check Surface)(Including CIP Projects) Segment $ 1,600.00 NEW 630-80571 Smoothness Verification - HMA or PCCP Final Surface (Includes Defective Segment Locates & Analysis)(Includes CIP Projects) Segment $ 2,000.00 NEW 630-00000 Flagging HR . $ 40.00 NEW 630-00001 Mobile Closure - TC Plans, 3 Man Crew, 50 cones & 8 AWS HR $ 160.00 NEW 630-00002 Lane Closure - TC Plans, 4 Man Crew, 150 cones & 8 AWS HR $ 200.00 NEW 630-00003 Uniformed Traffic Control HR $ 130.00 NEW 630-80359 Portable Message Sign Panel Day $ 60.00 NEW 630-85020 Mobile Attenuator Day $ 1,100.00 NEW Total $ 40,722.25 -102% NOTE: All prices shall include labor, overtime, cell phone, testing, sampling, reviewing, typing and report writing as needed for each service. The above listed items indicated the most frequently used tests. Each professional Service agreement may request additional testing services beyond those identified above. " Items from 2021 Fee Schedule. 2021 Fee Schedule Roadway Smoothness Profiling 8 Grinding Item No. Description Unit Unit Price 202-00170 Corrective Smoothness Grinding - Concrete Pavement SY $ 1500 202-00171 Corrective Smoothness Grinding - Asphalt Pavement SY $ 10.00 411-10260 Emulsified Asphalt (Rapid Setting)(Polymerized) GAL $ 350.00 626-00000 Profilograph - Mobilization North of WCR 74 and West of WCR 49 LS $ 4,500.00 626-00001 Profilograph - Mobilization North of WCR 74 and East of WCR 49 LS $ 4,650.00 626-00002 Profilograph - Mobilization South of WCR 74 and West of WCR 49 LS $ 4,200.00 626-00003 Profilograph - Mobilization South of WCR 74 and East of WCR 49 LS $ 4,350.00 626-00004 Grinder & Profilograph - Mobilization North of WCR 74 and West of WCR 49 LS $ 3,600.00 626-00005 Grinder & Profilograph - Mobilization North of WCR 74 and East of WCR 49 LS $ 3,700.00 626-00006 Grinder & Profilograph - Mobilization South of WCR 74 and West of WCR 49 LS $ 3,400.00 626-00007 Grinder & Profilograph - Mobilization South of WCR 74 and East of WCR 49 LS $ 3,500.00 627-00011 Pavement Marking Paint (Waterbome) (Low VOC) Gal $ 450.00 *630-80000 Traffic Control LS $ 48,000.00 630-80570 HMA Smoothness Process Control (SPC) Mile $ 400.00 630-80571 PCCP Smoothness Process Control (SPC) Mile $ 400.00 630-80572 HMA Smoothness Verification (SV) — CIP Projects Mile $ 400.00 630-80573 PCCP Smoothness Verification (SV) — CIP Projects Mile $ 400.00 `630-00000 Traffic Control 2021 MCR #1 Day $ 2,750.00 '202-07300 Asphalt Obstruction Grinding 2021 MCR #2 HOUR $ 575.00 Total $ 82,325.00 NOTE: All prices shall include labor, overtime, cell phone, testing, sampling, reviewing, typing and report writing as needed for each service. The above listed items indicated the most frequently used tests. Each professional Service agreement may request additional testing services beyond those identified above. *2021 Minor Contract Revisions (MCR) #1 8 #2, were added to contract during executionof contract, as needs were identified. i 7 ACOD R® CERTIFICATE OF LIABILITY INSURANCE tom,/ DATE (MMIDDIYYYY) 09/17/2021 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 po icy, 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 Blue Sky Ins 88 Inverness Circle East Suite A-103 Englewood CO 80112 CONTACT Joel Walker NAME: PHONE (303) 647-5477 I FAX (A/C, No, Eat): I WC, No): E-MAIL jwalker@bskyins.com ins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Mesa Underwriters Specialty Ins Co 013842 INSURED CPP Engineering, Inc 9345 Commerce Center St. Unit E-6 Highlands Ranch CO 80129 INSURER B : SECURA 22543 INSURER C : National Union Fire Ins. Co of Pittsburg PA 19445 INSURER D : Pinnacol Assurance 41190 INSURER E : Certain Underwriters at Lloyds INSURERF: COVERAGES CERTIFICATE NUMBER: CL218414353 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY MP0005006002252 08/01/2021 08/01/2022 EACH OCCURRENCE $ 1,000,000 IRENTED CLAIMS -MADE X OCCUR DAMAGE PREM SESO(Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE P POLICY OTHER: X LIMIT APPLIES PRO- I JECT PER: LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X — LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY �/ /". X SCHEDULED AUTOS NON -OWNED AUTOS ONLY A3256536 08/01/2021 08/01/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE BE019191144 08/01/2021 08/01/2022 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED I XI RETENTION $ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N N/A 4225517 08/01/2021 08/01/2022 XI STATUTE I I 2I121 -1 - E.L. EACH ACCIDENT 1000 $ '000 , E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 00000 10, $ , E Professional Liability MR214810 08/01/2021 08/01/2022 Limit Aggregate $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Board of County Commissioners of Weld County, Colorado, its officers, and employees are named as additionally insured. CERTIFICATE HOLDER CANCELLATION Weld County P.O. Box 758 Greeley CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. J 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. CPP Engineering, 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. El Individual/sole proprietor or U C Corporation ri S Corporation Partnership El Trust/estate single -member LLC 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) III 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 Otherwise, LLC that Exemption from FATCA reporting code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. a single -member is disregarded from the owner should check the appropriate box for the tax classification of its owner. NI Other (see instructions) ► (Applies to accounts maintained outside the U.S) 5 Address (number, street, and apt. or suite no.) See instructions. 9345 Commerce Center St., Unit E6 Requester's name and address (optional) 6 City, state, and ZIP code Highlands Ranch, CO 80129 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number your 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 o.,titice it is "n,,. omn4nror vianfificatinn nt imhar !FIN) _ if you do not have a number. see How to aet a - - TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. or Employer identification number 8 4 1 6 0 7 4 2 7 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross ou tern 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 divi. ds on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured pr. •e y, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you ar: n. required to si.. the certification, but you must provide your correct TIN. See the instructions for Part II, later. General Instructions Section references are to the Internal Renue C: •e unles" otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. 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) • Form 1099-DIV (dividends, inc l .Ing t • se from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-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) Ell New Entity? Entity ln60r Entity Name* CPP ENGINEERING INC Entity ID' 00042530 Contract Name* 2022 PAVEMENT SMOOTHNESS TESTING & GRINDING Contract Status C.TB REVIEW Contract ID 5857 Contract Lead * RAXTMAN Parent Contract ID 5001 Requires Board Approval'. YES Contract Lead Email Department Project # raxtrr ang weldgov.corn Contract Description* SECOND YEAR RENEWAL OF THE PAVEMENT SMOOTHNESS TESTING & GRINDING CONTRACT. Contract Description 2 Contract Type RENEWAL Amount* 5225,000.00 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Requested BOCC Agenda Date* 05 30 2022 Due Date 05,2512022 Department Email CM- Will a work session with BOCC be required?* PublicWorksweldgov.corn HAD Department Head Email CM-PublicWorks- DeptHead Meldgov..com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I i ORNEYrWELDG OV.COM If this is a renewal enter previous Contract ID 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 Contract Dates Effective Date Review Date* 05/25/2022 Renewal Date* 45'31/2022 Termination Notice Period Committed Delivery Date Expiration Date Contact Info Contact Info Contact Name Purchasing Approver Department Head JAY MCDONALD Finance Approver CHERYL PA ! t ELLU DH Approved Date 05:25/2022 BOCC Approved BOCC Signed Date BOCC Agenda Date 06/06/2022 Originator RAXTMAN Contact Type Contact Email Contact Phone 1 Purchasing Approved Date Finance Approved Date Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 0525E '202.2 05:'26„2022 Tyler Ref # AG 060622 /1) i tea/ BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2021 PAVEMENT SMOOTHNESS TESTING & GRINDING CONTRACT DEPARTMENT: Public Works PERSON REQUESTING: Ryan Axtman DATE: 7/21/2021 Brief description of the problem/issue; The paving process for both the Pavement Management Division and contracted projects have many starts and stops, along with irregularities during the process which are often felt as bumps, and bumps will ultimately turn into potholes. These are typical to any paving project, but in the case of contractor projects the County has specifications holding a contractor to a pavement smoothness criteria. In our specification a contractor is required to run high speed profilograph equipment at the end of paving operations, which generates data showing areas of irregularities. These irregularities are then ground down to produce a smooth driving surface. With this contract we will be able to both verify and correct any deficiency within the County's contracted paving programs, leading to longer windows between needed maintenance. Smooth roads both last longer and are safer for the traveling public. This is a new contract which Public Works had budgeted for the 2021 paving season, for $100,000.00. We received one qualified bid from CPP Engineering, in the amount of $82,325.00, who has past work experience with the County on CIP projects_ Bid 2100106 was approved by Weld County Board of Commissioners 7/I4/2021. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Board may either approve or deny the contract or ask for a work session. Recommendation: Staff recommends the Board put the 2021 Pavement Smoothness Testing & Grinding Contract on their next available consent agenda. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Seine Schedule Work Session Other/Comments; 97L Lr) 7 O0 / -/70I f, 09-1 6-ob79 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND & CPP ENGINEERING INC. 2021 PAVEMENT SMOOTHNESS TESTING & GRINDING THIS AGREEMENT is made and entered into this4 ay of 2021, by and between the Board of Weld County Commissioners, on behalf of THE D ARTMENT of PUBLIC WORKS, hereinafter referred to as "County," and CPP ENGINEERING 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 Proposal (RFP) as set forth in Bid Package No. B2100106. The RFP contains all of the specific requirements of the County. Exhibit B consists of Contractor's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 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. 1 0,1_M1-/ 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved 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 $82,325.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will 2 be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees 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 3 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 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. 4 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. b. Proofof 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 5 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 stall 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 deli'ery 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, anc 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 Ccunty, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where 6 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: E-mail: Phone: Craig Young President 9345 Commerce Center Street, Unit 6, Highlands Ranch CO, 80129 craig@cppeng.com 303.662.9533 TO COUNTY: Name: Position: Address: Address: E-mail: Phone: Ryan Axtman Construction Inspection Supervisor 1111 H Street, Greeley CO, 80632 PO Box 758, Greely CO, 80632 raxtman@weldgov.com 970.381.3302 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in 7 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 ar 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. 8 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 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. 9 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: WELD CO t G� ATTEST: L �,rI,� ayo `� �� BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO B Deputy Clerk to the Board 10 Steve Moreno, Chair AUG 0 4 2021 o?Do2/ - /7a / ACc Ra CERTIFICATE OF LIABILITY INSURANCE `..----- DATE(MM/DDIYYYY) 07/20/2021 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 pollcy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, 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 Blue Sky Ins 88 Inverness Circle East Suite A-103 Englewood CO 80112 CONTACT Joel Walker NAME: PHONE (303) 647-5477 I raw: dAixass: jwalker©bskyins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Mesa Underwriters Specialty Ins Co 013842 INSURED CPP Engineering, Inc 9345 Commerce Center St. Unit E-6 Highlands Ranch CO 80129 INSURER B : SECURA 22543 INSURER C : National Union Fire Ins, Co of Pittsburg PA 19445 INSURER o : Pinnacol Assurance 41190 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CL2081213677 R 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. IXP LTR TYPE OF INSURANCE D WYp POLICY NUMBER IDOY YT tMMIODIYYYY) PUIDOiYOLICY T (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY MP0005006002009 08/01/2020 08/01/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE XI OCCUR DAMAGE TO RENTED PREMISES (ES occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES n JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Employee Benefits $ B AUTOMOBILE XHIRED X LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY 19 X N./ /A SCHEDULED NON -OWNED AUTOS ONLY A3256536 08/01/2020 08/01/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS -MADE BE0 19358414 08/07/2020 08/01/2021 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED I >I RETENTION $ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY CER/MEMB PROPRIETOR/PARTNER/EXECUTIVE ( N, OFFICER/MEMBER EXCLUDED? ` (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 4225517 08/04/2020 08/01/2021 PER j H- STATUTE ) ( ER OT EL EACH ACCIDENT $ 1,000,000 E . DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1000,000 $ , DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Certificate holder is named additional insured as required by written contract. Subject to the forms, terms, and conditions of the policy. CERTIFICATE HOLDER CANCELLATION Weld County Attn: Public Works Inspection Division PO Box 758 Greeley CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE 2021 PAVEMENT SMOOTHNESS TESTING & GRINDING (with options for 2022/2023) June 2021 for Weld County Public Works Inspection Division 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 BID NO # B2100106 Page 1 TABLE OF CONTENTS Page # General Information and Disclosures 3-4 Purpose 5 Scope of Services 5-7 Schedule 7 Terms and Conditions 7-8 Fee Schedule 9 Agreement Example 10-19 Submittal Requirements 20 Signature Page 20 BID NO # B2100106 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: June 10, 2021 BID NUMBER: B2100106 DESCRIPTION: 2021 PAVEMENT SMOOTHNESS TESTING & GRINDING DEPARTMENT: Public Works BID OPENING DATE: June 28, 2021 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: Roadway Smoothness Prafiling testing, verification and Grinding for County paving operations and contracted CIP projects on Arterials, Collectors, and Local roadways for the Weld County Public Works Department. Bids for the above stated merchandise, equipment, and/or services will be received until 10:00 AM on June 28, 2021 (Weld County Purchasing Time Clock). The bnd opeffing Ong vii be h&d Ina a iiPdcr soft Teams Con 'erence Cali_ on Jude 89 202/[ at 10:30 Ak To jolln, cathe phone number and enter tie Conference D provided below: Pho is Number (720) 4 9=5261 o nference PAGES 1 - 4 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 -4 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 4. 2. INVITATION TO BI C: Weld County requests bids or 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 a I 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: • 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. required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400-4223 or 4222 w?th any questions. PDF format is itt-='v:�}F.::.i;4 ! v�. r 1.. '::F'`•4cr:/!?L. BID REQUEST #B2100106 Page 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. 1. Purpose BID REQUEST #B2100106 Page 4 Weld County Public Works Engineering Division and Pavement Management Division constructs and oversees several roadway projects each year, which may require pavement smoothness verification testing and grinding. Weld County is soliciting proposals from qualified firms to provide ON -Call Services for roadway smoothness profiling and grinding for flexible (HMA) and concrete pavements (PCCP). Work will include verification and conformity to roadway smoothness criteria for local, state or federally funded arterial and collector County road projects. One consultant will be selected for the Roadway Smoothness Services as described below. SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: 2. Qualifications: 1. Current and active CDOT profiler Operator Certification as per the most current version of the CDOT Field Material Manual CDOT CP 78, Certification of Inertial Profilers and Operators, demonstrating proficiency in the operation of a qualified profiler. This certification shall not lapse during this contract agreement. 2. The profiler's instruments shall be verified in accordance with the most current version of the CDOT Field Material Manual CP 74 prior to measurement, on any Weld County project. 3. Ability to accurately collect, document and convey smoothness and localized roughness data to Engineers and project staff. 4. Smoothness Process Control (SPC) testing shall follow Section 105.07(a) of the most current version of the CDOT Standard Specifications for Road and Bridge Construction and Weld County's revisions of Section 105.07(b)(1), 105.07(b)(2), and 105.07(e). REVISION OF SECTION 105 CONTROL OF WORK Table 105-5, "V" Factors and Incentive Payments — Flexural Strength Criteria shall be revised as follows: The Lower Tolerance Limit, TL shall be 650 psi. Delete paragraph 3 of Subsection 105.07(b)(1) and replace with the following: The entire length of each through lane, climbing lane, and passing lane including bridge approaches, bridge deck, and intersections from beginning to end of the project shall be profiled in their planned final configuration and direction. Shoulders with a width cf 12 feet or greater, ramps, tapers, turn slots, acceleration lanes, and deceleration lanes shall be profiled but will not be subject to incentive adjustments. Shoulders with a width of 12 feet or more, ramps, tapers, turn slots, acceleration lanes, and deceleration lanes will be evaluated for localized roughness corrective action. The profile of the entire length of a lane shall be taken at one time. However, the Engineer may divide the project into sections to accommodate Project phasing. At the Pre -paving Conference, the Contactor shall submit a plan for breaking the project profiling into phases for approval by the Engineer. Delete the last sentence of the twelfth paragraph of Subsection 105.07(b)(1) and replace with the following: Within 24 hours after each profile is collected, the Contractor shall submit the data electronically to the Engineer and Inspector. Delete the last paragraph of Subsection 105.07(b)(2) and replace with the following: Sections less than 0.005 miles (26.4 feet) in length shall be included in the localized roughness determination. Delete the first and second paragraphs of Subsection 105.07(e) and replace with the following: The Department will analyze the Smoothness Acceptance (SA) testing for acceptance and indicate areas requiring corrective work in accordance with subsection 105.07(b). The Engineer, at their sole discretion, shall determine the most effective corrective action outlined in items 1-3 below. The Contractor shall provide a detailed method statement describing the corrective actions to be taken for the corrective work. Corrective work shall not be performed until the method statement has been approved in witing by the Engineer. The Contractor shall perform corrective work in the areas indicated by the Department based on the SA testing. The criteria for determining if a 0.10 mile section requires corrective work is specified in Table 105-6 or 105-7. In determining if a 0.1 mile section or fraction thereof requires corrective work, the profiles shall be analyzed for areas of BID REQUEST #B2100106 Page 5 Localized Roughness. The criteria for determining if a section is less than 0.10 miles in length and 0.005 miles (26.4 feet) in length requires localized roughness corrective work is specified in Table 105-8. Areas of localized roughness less than 0.005 miles shall be evaluated in accordance with subsection 105.07(a). 5. Smoothness Verification (SV) testing shall follow Section 105.07(g) of the most current version of the CDOT Standard Specifications for Road and Bridge Construction. 6. Temporary traffic control shall follow Section 630 of the 2019 (or most current version of) CDOT Standard Specifications for Road and Bridge Construction and current Colorado MUTCD standards. All MHT's shall be approved by Weld County prior to the start of any work. 7. Final Smoothness Process Control (SPC) testing shall be reported to Weld County within 24 hours of any completed profiled pavement section. Results may be submitted by email or in person. A final report with project narrative and profile results shall be submitted via email to project staff. 8. The contractor will follow all rules and regulation stipulated in any permit associated to the project. • Prior to starting any work, the contractor is required to apply for and be granted a Weld County Right of Way (ROW) use permit. 9. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 10. Payment shall be made according to the bid prices per the bid schedule per project Internal Accounting (IA) form. 11. The Contractor shall follow all OSHA regulations. The Contractor is also required to provide all permitting associated with the contracted equipment and labor. 3. Scope of Work: Required services include but are not limited to: Smoothness Process Control (SPC), Smoothness Verification (SV) testing and roadway smoothness grinding to achieve project specific MRI category smoothness and or adequate grinding of defective segments. 1. Corrective Smoothness Grinding shall grind defective areas as identified by a qualified technician and profilograph equipment, and or field located defective areas identified by Weld County staff. 2. All high points and edges over 3/16th on an inch shall be feathered to match adjacent surface elevation after grinding is completed to the satisfaction of the engineer or staff. 3. Sweeping and Debris Removal services shall be included in the work for both Asphalt and Concrete Corrective Smoothness Grinding bid items. Roadway will be swept clean and free of any dust, debris or obstructions prior to fog coating, permanent pavement marking, and opening roadway to traveling public. Work shall include Pickup broom, operator, water, skid steer, dump truck and other associated equipment necessary to removal and disposal of all dust, grinding millings, and slurry. Any dump fees or other fees associated with the work are considered subsidiary to the work. 4. "Rapid Setting Polymerized" Emulsion Fog coat will be applied after County acceptance of grind areas and prior to permanent pavement markings are applied. 5. Any pavement marking(s) destroyed in during the grinding operation will be temporarily remarked with "yellow"(centerline) or "white" (fog line) reflective tabs or pavement tape to delineate travel lane boundaries, will be included as part of the work, until Permanent "Waterborne Low Volatile Organic Compounds (VOC) Acrylic" Pavement Markings are applied. 6. Traffic Control services shall include the following: All necessary advance warning traffic control signs, channelizing devices (cone, vertical panels, drums, etc.), and variable message boards. Traffic control supervision, control and maintenance (TCM, TCS with a truck, and flagging) and the necessary MHTs for lane closure and moving operations for lane closures will be paid at the Lump Sum per region bid price per IA. 7. It is expected that all costs such as labor, fuel, equipment, typing, reviewing, and report writing to be included in all prices submitted BID REQUEST #62100106 Page 6 8. Mobilization will be paid at the Lump Sum per region bid price per IA. 9. Whenever possible, Weld County will observe a minimum of 7 working days from date of request for scope of work, testing and services to be acknowledged and scheduled. Weld County will select the bidder based on the lowest cost to the County. Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public Works Director, the successful contractor(s) are not performing according to provisions outlined in this contract or according to Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Weld County Public Works personnel normally work 7:00am to 3:30pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00 am and later than 3:30 pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. 4. Schedule: Advertisement: Proposals Due to Purchasing: Proposals Presented to BOCC: Bid Award: 5. Contacts: June 10, 2021 June 28, 2021 June 30, 2021 July 14, 2021 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 raxtmanweldqov.com Don Dunker — Weld County Engineer Weld County Public Works 970.304.6436, ext. 3749 ddunker(a 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 included on pages 10-19 of these bid specifications. 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 July 2021 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 (2) additional years. Increases in the Cost and Mileage Fees may be negotiated for subsequent renewal of the second and third 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. BID REQUEST #62100106 Page 7 The Contract may and will be used at the option of other Weld County Departments. 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. BID REQUEST #62100106 Page 8 fee Schedule 2021 Roadway Smoothness Profiling & Grinding Item No. Description Unit Unit Price 202-00170 Corrective Smoothness Grinding - Concrete Pavement SY $ 202-00171 Corrective Smoothness Grinding - Asphalt Pavement SY $ 411-10260 Emulsified Asphalt (Rapid -Setting) (Polymerized) Gal $ 626-00000 Profilograph - Mobilization North of WCR 74 and West of WCR 49 LS $ 626-00001 Profilograph - Mobilization North of WCR 74 and East of WCR 49 LS $ 626-00002 Profilograph - Mobilization South of WCR 74 and West of WCR 49 LS $ 626-00003 Profilograph - Mobilization South of WCR 74 and East of WCR 49 LS $ 626-00004 Grinder & Profilograph - Mobilization North of WCR 74 and West of WCR 49 LS $ 626-00005 Grinder & Profilograph - Mobilization North of WCR 74 and East of WCR 49 LS $ 626-00006 Grinder & Profilograph - Mobilization South of WCR 74 and West of WCR 49 LS $ 626-00007 Grinder & Profilograph - Mobilization South of WCR 74 and East of WCR 49 LS $ 627-00011 Pavement Marking Paint (Waterborne) (Low VOC) Gal $ 630-80000 Traffic Control LS $ 630-80570 HMA Smoothness Process Control (SPC) Mile $ 630-80571 PCCP Smoothness Process Control (SPC) Mile $ 630-80572 HMA Smoothness Verification (SV) — CIP Projects Mile $ 630-80573 PCCP Smoothness Verification (SV) — CIP Projects Mile $ Total NOTE: All prices shall include labor, overtime, cell phone, testing, sampling, reviewing, typing and report writing as needed for each service. The above listed items indicated the most frequently used tests. Each professional Service agreement may request additional testing services beyond those identified above. * The successful vendor is required to sign a separate contract included on pages 10-19 of these bid specifications. BID REQUEST #B2100106 Page 9 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 PUBLIC WORKS, hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) or Request for Proposal (RFP) as set forth in Bid Package No. B Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and BID REQUEST #62100106 Page 10 shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that. the County has been unjustly 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 BID REQUEST #62100106 Page 11 perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees 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 purposesother 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 BID REQUEST #62100106 Page 12 manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that al 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 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 sach 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 daring the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's usurer 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 - BID REQUEST #B2100106 Page 13 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. 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. BID REQUEST #62100106 Page 14 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: Address: E-mail: Phone: TO COUNTY: Name: Position: BID REQUEST #B2100106 Page 15 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 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. BID REQUEST #62100106 Page 16 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 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 subcontractors 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 liring 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 states 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. BID REQUEST #B2100106 Page 17 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. 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. BID REQUEST #B2100106 Page 18 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 Steve Moreno, Chair 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 9. o Complete and return signature - page 20. BID REQUEST #B2100106 Page 19 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. #62100106. 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. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE 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 — 8 or pages 10-19. ALL WE NEED ARE PAGES 9 and 20. BID REQUEST #62100106 Page 20 Ryan Axtman From: craig cppeng.com <craig@cppeng.com> Sent® Sunday, June 27, 2021 3:07 PM TI: Ryan Axtman; Don Dunker Subject: Bid No B2100106 from CPP Engineering ttach ents: CPP acknowledge.pdf; CPP addendum.pdf; CPP bid.pdf; CPP page 20.pdf; CPP W9.pdf Follow Up Flag: Follow up Flag Status: Flagged Caution: 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. Attached you shall find CPP Engineering bid packet for Bid No B21000106. This is being submitted as requested. Please let me know if I need to send it t another address for acceptance. Thanks Craig Young, PE CPP Engineering, Inc. 9345 Commerce Center S₹ #E6 Highlands Ranch, CO 80129 PH: 303-662-9533 Fax: 303-662-9538 1 r la ENGINEERING, INC. Niue June 27, 2021 Weld County Public Works - lnsp Div Attn: Ryan Axtrnan 1111 H Street Greeley, CO 80632 RE: Bad NOD: t2100106 Smoothness Testi gice; Grant. ing Email Actinw➢e gmentg Dear Weld County; CPP Engineering hereby submits via email its bid for Bid number B2100106 for Smoothness Testing and Grinding for Weld County Public Works Inspection Division. CPP Engineering, further acknowledges and waives it right to a sealed bid. CPP Submits the following documents via email per the bid requirements; 1. Cover sheet and email acknowledgment 2. Page 9 - Fee Schedule 3. age 20 - Fee Schedule Signture Page 4. Addendum No.; 1 - Signed and Dated 5. Completed W9 CPP Engineering would like to inform Weld County, that if CPP is selected as the lowest qualified bidder that CPP has several suggestions that could save Weld County monies with regares to the services being performed. CPP Engineering would be more than happy to discuss and go over in person. CPP Engineering looks forward to the Bidding results. Respectfully Submitted, CP = Engine! ing5 OfCa A Craig Youn President PE n 9345 Commerce Center Street rg Unit E6 771 Highlands Ranch, CO 80129 o 303-662-9533 303-662-9538 (Fax) Fee Scheu$Lde 2021 i :,oa ay Srntothness Profilin o3 ,< Grinding Unit Unit Price Item No. Descriptior S /Os 202-00170 Corrective e Pa vement Smoothness Grinding - Concrete 202-00171 Corrective Pavement Smoothness Grinding - Asphalt S %�� se Gal .356,66 411-10260 Emulsified Asphalt (Rapid -Setting) (Polymerized) 626-00000 Prof ilograp West of WCR i - Mobilization 49 North of WCR 74 and LS $ , �� 10 .� r% _ 626-00001 Profilograp East of WC i - R Mobilization 49 North of WCR 74 and LS $ ,� �� , 0(?) 626-00002 Profilograpi West of WCR - Mobilization 49 South of WCR 74 and LS $ � , 20, .,� o 6 LS $ , 626-00003 Profilograp i - Mobilization South of WCR 74 and East of WCR 49 LS $ } ,, ' 8e � 626-00004 Grinder 74and & WeJt F'rofilograph �, of WCR 49 - Mobilization North of WCR r LS $ ,� s �o , 626-00005 Grinder 74 and & Eat Profilograph of WCR - 49 Mobilization North of WCR 626-00006 Grinder 74 and & West Profilograph of WCR - 49 Mobilization South of WCR LS $ jit /'0 !` 626-00007 g Grinder and 74a & East F rofilogr of aph WCR C - 9 Mobilization South of WCR LS $ �. ... ������ �� 0 1 627-00011 Pavement Marking Paint (Waterborne) (Low VOC) Gal $ - ' 0 O , LS $ 6 465 630-80000 Traffic Control Mile $ % G /1 630-80570 HMA Smoothness Process Control (SPC) 630-80571 1 PCCP Smoothness Process Control (SPC) Mile $ !/ o Sd 1 HMA Smoo:hness Verification CIP Projects Mile $ ,,� 6,6 630-80572 (SV) -- 630-80573 PCCP Smoothness Verification — CIP Projects Mile $I d (SV) 7, ' Total / NOTE: AL0 priers sh UU i heflu e llaxor, overfime, cell phone, testing, sa prang, revile‘vhig, typing wind report writing as needed for e` c I service, _ T e above listed items indicated the most frequently used tests. Each profe;s knal Service agreem€tnt may request additional testing services beyond thine identified above. BID REQUEST ##B2100106 Page 9 PROPOSAL SUBMITTAL REUIREMEN _ IS — Please return the following to Weld County Purchasing via the "bid delivery" instructions described on page 3. o Comp o C*p to a n d r ete and r 4 turn fee schedule pages 96 turn &gnture = page 20. The and ,rsigned5 by IQs or her s&gnalure9 here y acknowledges and repres its 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. #B2100106. 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. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS acen;/ cdtie BY (Pleabe'print) �3�� ���� ere DATE CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE **ALL BIDDERS SHALL { `ROVIE A v 9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY lS EXEMPT FRAM COLORADO SALES TAXES. THE CERTIRC NUMBER 9S #98-03551-0000. YOU DO NOT NEED ! _ O SEND BACK PAGES 1 WE EIED A f _ ; PAGES 9 and 20. r TE OF EXEMPT] N or page 104 9a ALL • .flut 3=1 F.'i1Ct,' BID REQUEST #B2100106 Page 20 June 16, 2021 Red S210 Weld County, Colorado 106, 2021 PAVEMENTSMI OTH ESS TESTING ADEN I UMBER ONE GRINDING The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: Contractor 0ubstions and Responses All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. Cut off time for uestions be 11:59 a CT UETI nswered and added to fled adde D RESP SES ms: June 24th uestUon 14 I was wondering if you happened to have an estimated budget for the Bid: B2100106? It is the 2021 Pavement Smoothness Testing and Grinding project. `see ns er t The 2021 Smoothness and Grinding Contract B2100106, Public Works has a budgeted amount of $100,000.00. • Prepared By: Ryan Axtman, Weld County Public Works Construction Inspection Supervisor EcEPT OF The undersigned acknowledges receipt of the following Addend 'to the Invitation for Bids, Specifications, and other contract Documents. Addendum No. 1 Date: 4// By: Addendum No. Date: By: Addendum No. Date: By: I, Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Fee Schedule. Payment will be based on the Unit prices or Lump Sum prices of the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid propose herein meets all of the conditions, specifications and special provisions set forth in the re nest for bid for Request No. #B2100106 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. v 1,Art%7 a " -Y ' 7M5.$s':.� Yi_'a'ip�:.ffLf✓!S5 t.W:i:;.iL';�i BID REQUEST #82100106 ADDENDUM NO. 1 Page 1 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, butnot 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 toaccept the bid that, n the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BUSINESS ADDRESS S047 f Please prin cePiDATE CITY, STATE, ZIP CODE TELEPHONE NO ; �r. `,H /77'1.19FAX ��, d/7 SIGNATURE E-MAIL TAX ID# 479 WELD COUNTY IS EMPT FRO' COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-0355/-0000. +I??^�� T:��{ti'Fi�:Gr his:•_. i— �+!i�...'...R�`i`. �Y.': 'ih'$ n'?3'}�1u+.aN+:.=+.:�[f:4iR`��.?VIVF:•r_.v?-•i BID REQUEST #B2100106 ADDENDUM NO. 1 Page 2 Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. GiveForm to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. CPP Engineering, Inc. 2 Business name/disregarded entity name, if different from above 3 Check following al appropriate box for federal tax classification of the seven boxes. IndividuaVsole proprietor or U C Corporation single -member LLC person whose name is 19 S Corporation entered on line 1. Check IN Partnership only one of the I Trust/estate 4 Exemptions certain entities, instructions Exempt payee (codes apply only to not individuals; see on page 3): code (if any) MI 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 Otherwise, LLC that Exemption code (if any) from FATCA reporting another LLC that is not disregarded is disregarded from the ownershould li Other (see instructions) ► from the owner for U.S. federal tax purposes. a single -member check the appropriate box for the tax classification of its owner. (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt 9345 Commerce Center St., or suite no.) See instructions. Unit E6 Requester's name and address (optional) 6 City, state, and ZIP code Highlands Ranch, CO 801219 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this resident alien, sole proprietor, or disregarded is identificati41 is generally your social security number (SSN). However, for a entity, see the instructions for Part I, later. For other (EIN). If do not have a number, see How to get a - - entities, it your employer TIN, later. number you or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 8 4 - 1 6 0 7 4 2 7 Certification 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 withhold ng 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 withhol ing; and Part Il 3. I am a U.S. citizen or other U.S. per 4. The FATCA code(s) entered on this Certification instructions. You must cr you have failed to report all interest and acquisition or abandonment of secured other than interest and dividends, you ai Sign Here Signature of U.S. person D. General Instructions Section references are to the Internal noted. Future developments. For the latest i formation about developments related to Form W-9 and its instruction , such as legislation enacted after they were published, go to www.) .gov/FormW9. i n (defined below); and rm (if any) indicating that I am exempt from FATCA reporting is correct. s ou tem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because vi. ds on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, • , cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments required to si •-' the certification, but you must provide your correct TIN. See the instructions for Part II, later. n e Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must o ain your correct taxpayer identification number (TIN) which may a your social security number (SSN), individual taxpayer identificatio number (ITIN), adoption taxpayer identification number (ATIN), r employer identification number (EIN), to report on an information retur 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) e unlesotherwise Date ► /z/ • Form 1099-DIV (dividends, including th6se from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-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) Bid #2100106 NOTICE OF AWARD CPP Engineering Inc. 9345 Commerce Center Street Unit E6 Highlands Ranch, CO 80129 Project Description: 2021 Pavement Smoothness Testing & Grinding, Bid No. B2100106 Roadway Smoothness Profiling testing, verification and Grinding for County paving operations and contracted CIP projects on Arterials, Collectors, and Local roadways for the Weld County Public Works Department. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $82.325.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute one original of the Agreement and furnish the required Certificates of Insurance within five (5) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within five (5) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 16th day of July. 2021 Weld County, Colorado, Owner By: an A an Con trust Ryan Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Dated this 1 day of 2021 By: -1 _ /!. ; l:: Title: 1/r" 'red e. f/y/ .13 -IC • CCcatrector) /i,";‘,/ Contract Form New Contract Request Information Entity Name* CPP ENGINEERING INC Contract Name a Entity ID * O0042530 ❑ New Entity? Contract ID 2021 PAVEMENT SMOOTHNESS TESTING & GRINDING 5001 Contract Status CTB REVIEW Contract Lead a RAXTMAN Contract Lead Email raxtmanP.weidgov.com Parent Contract ID Requires Board Approval YES Department Project IF - Contract Description* ROADWAY SMOOTHNESS PROFILING TESTING, VERIFICATION AND GRINDING FOR COUNTY PAVING OPERATIONS AND CONTRACTED CIP PROJECTS ON AF TERIALS, COLLECTORS, AND LOCAL ROADWAYS FOR THE WELD COUNTY PUBLIC WORKS DEPARTMENT. Contract Description 2 Contract Type AGREEMENT Amount* 382,.350.00 Renewable YES Automatic Renewal NO Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.cor Department Head Email CM-PublicWorks- DeprtHeadrveldgov.com Corty Attorney GENERAL COUNTY ATT7RNEY EMAIL Cody Attorney Email CM1 COINTYA I I ORN EY@'WELDG OV. OM Requested BOCC Agenda Date* 07121 12021 Due Date 0717/2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? YES Bid /RFP fa 82100106 if this is a renewal enter previous ntract ID If this is part of a MSA enter MISA o act ID Note: the Previous Contract Numb and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info t Name Purchasing Purchasing * i ROB TURF Approval Process Department Head JAY MCDONALD DH Approved Date 07,=28/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08/04/2021 Originator RAXTMAN Review Date* 07'01 2021 Committed Delivery Date Renewal Date 07.`01 %2022 Expiration Date Contact Type tact Email Contact Phone 1 Contact Phone 2 Finance Approver CHRIS DOVIDIO Purchasing Approved Date 07/29/2021 Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 07/29/2021 07'29'2021 Tyler Ref # AG 080421 MEMORANDUM TO: Jay McDonald, Director of Public Works DATE: July 7, 2021 FROM: Ryan Axtman, Public Works Department SUBJECT: 2021 PAVEMENT SMOOTHNESS TESTING & GRINDING, Bid No. B2100106 Bids were opened on June 28th, 2021, for the 2021 Pavement Smoothness Testing & Grinding, contract. One bid was received totaling $82,325.00. The bidder, CPP Engineering Inc's bid is within the 2021 estimated budget for this contract; therefore, it is Public Works recommendation to award this contract to CPP Engineering Inc. for a total amount of $82,325.00. See attached bid tab for details. CPP Engineering Inc. has worked on several County led CIP projects over the past four years, they have also worked with the Pavement Management Division in the past as well. They are a reputable company and are willing to work with the Construction Inspection Division to achieve the most economical and effective methods to produce smoother County roads. Approve of recommendation: Jay Id, Director of`PGblic 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 Bob Choate, County Attorney Rose Everett, Weld County Purchasing Christie Peters, Weld County Purchasing ea 0619 Fee Schedule 2021 Roadway Smoothness Profiling & Grinding Item No. Description Unit Unit Price 202-00170 Corrective Smoothness Grinding - Concrete Pavement SY $ M.-eO 202-00171 Corrective Smoothness Grinding - Asphalt Pavement SY $ MT, 40 411-10260 Emulsified Asphalt (Rapid -Setting) (Polymerized) Gal $ _35®, de 626-00000 Profilograph - Mobilization North of WCR 74 and West of WCR 49 LS $ 1o• de 626-00001 Profilograph - Mobilization North of WCR 74 and East of WCR 49 LS .f,/ $ 1.5�,dr 626-00002 Profilograph Mobilization South of WCR 74 and West of WCR 49 LS $ �?�, Qa G 626-00003 Profilograph - Mobilization South of WCR 74 and East of WCR 49 LS $ 1..5 626-00004 Grinder & Profilograph Mobilization North of WCR 74 and West of WCR 49 LS $ Jda,e0 626-00005 Grinder & Profilograph - Mobilization North of WCR 74 and East of WCR 49 LS r Q� $ 3/ 626-00006 Grinder & Profilograph - Mobilization South of WCR 74 and West of WCR 49 LS $Jilelif #444 626-00007 Grinder & Profilograph - Mobilization South of WCR 74 and East of WCR 49 LS $ J , 627-00011 Pavement Marking Paint (Waterborne) (Low VOC) Gal $ 1W , 630-80000 Traffic Control LS $ r ,4 630-80570 HMA Smoothness Process Control (SPC) Mile $ lee, ie 630-80571 PCCP Smoothness Process Control (SPC) Mile $ leg, G1/ 630-80572 HMA Smoothness Verification (SV) — CIP Projects Mile $ .%f 40 630-80573 PCCP Smoothness Verification (SV) — CIP Projects Mile $ 141, tOki Total 492 Jz5�/� i NOTE: All prices shall include labor, overtime, cell phone, testing, sampling, reviewing, typing and report writing as needed for each service. The above listed items indicated the most frequently used tests. Each professional Service agreement may request additional testing services beyond those identified above. BID REQUEST #B2 100106 Page 9 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpeters(c weldgov.com E-mail: reverett(a�weldgov.com E-mail: rturf(c�weldgov.com Phone: (970) 400-4223, 4222 or 4216 DATE OF BID: JUNE 28, 2021 REQUEST FOR: 2021 PAVEMENT SMOOTHNESS TESTING & GRINDING DEPARTMENT: PUBLIC WORKS BID NO: B2100106 PRESENT DATE: JUNE 30, 2021 APPROVAL DATE: JULY 14, 2021 VENDOR CPP ENGINEERING, INC 9345 COMMERCE CENTER ST #E6 HIGHLANDS RANCH, CO 80129 THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE BID. 2021-1701 0 C°!30 &O019 Hello