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Home My WebLink About20152133.tiffCbn+va ct-1 -72-15 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Contract Agreement Extension/Renewal between the Weld Count Department of Public Works and White Sands Water Engineers, Inc. DEPARTMENT: Public Works DATE: July 31, 2023 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: White Sands Water Engineers has been contracted by the County since 2015 to assist with water rights projects and provide technical support as necessary. Public Works would like to retain the services of White Sands Water Engineers through July 31, 2024 to continue to assist the County with ongoing water rights projects and provide technical support when needed. Specifically, the items and costs included in the 2022 Extension include: 1. Monthly water accounting for Weld County's three dust control wells, the Bearson Pit, and the Geisert Pit , approximately 48 hours 2. Annual Notice of Estimated Depletions, approximately 15 hours 3. Greeley water lease coordination, approximately 15 hours 4. New Cache water exchange lease schedule, approximately 15 hours 5. Technical support for water rights accounting and general water rights questions, approximately 40 hours Total Anticipated Cost for period between August 1, 2023 to July 31, 2024: $30,000.00. The Attorney's Office has reviewed the renewal agreement and provided their concurrence with regards to the contract language. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Accept and sign the 2023 Extension to retain the services of White Sands Water Engineers. 2. Do not accept and sign the 2023 Extension to retain the services of White Sands Water Engineers. If the White Sands Engineers Contract is not renewed, the County would have to start the search fora new water rights engineer which would complicate the water rights activities that we are currently involved with. Recommendation: 1. White Sands Engineers has been doing a very good job representing the County with respect to the water rights related issues and activities. Public Works recommends approval of the contract renewal and placement of the contract renewal on the BOCC consent agenda. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin Ross Lori Saine Vargavil Ccnsen-l-p9endia, e.e2vcr/23 ./1/a.2-5 �^-C�� 2015-D53 EC -100-1Z. Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine@weldgov.com Website: www.co.weld.co.us In God We Trust Lori Saine Tuesday, August 1, 2023 2:40 PM Karla Ford RE: Please Reply - PW #1 P -A Contract Agreement Ext./Renew White Sands Water Eng. Inc Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weld.gov> Sent: Tuesday, August 1, 2023 12:35 PM To: Lori Saine <Isaine@weld.gov> Subject: Please Reply - PW #1 P -A Contract Agreement Ext./Renew White Sands Water Eng. Inc Importance: High Please advise if you approve recommendation. Thank you. Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND WHITE SANDS WATER ENGINEERS, INC. T is Agreement Extension/Renewal ("Renewal"), made and entered into this day of u to , 2023, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and White Sands Water Engineers, 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. 2015-2133, approved on July 22, 2015. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement ended on July 21, 2016. • The Original Agreement has been extended annually since 2016. CONTRACT HISTORY Approval Date 07/22/20222 Contract ID N/A3 BOCC Document #1 2015-2133 07/13/2016 N/A3 2015-2133 08/28/2017 1377 2015-2133 08/06/2018 1968 2015-2133 07/10/2019 2947 2015-2133 08/03/2020 3937 2015-2133 07/26/2021 5059 2015-2133 2015-2133 08/29/2022 6248 08/2023 7275 2015-2133 All the contract renewals are referenced back to the original BOCC Document Number which is 2015-2133. 2 The original contract was approved by the BOCC on July 22, 2015. 3 N/A indicates that the contract pre -dates the On -Base Contract Management System The parties agree to extend the Original Agreement for an additional 1 -year period, which will begin August 1, 2023, and will end on July 31, 2024. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following changes to Exhibit A: Scope of Work are hereby made to the Contract Document: 1. Monthly water accounting for Weld County's three dust control wells, the Bearson Pit, and the Geisert Pit , approximately 48 hours CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND WHITE SANDS WATER ENGINEERS, INC. 2. Annual Notice of Estimated Depletions, approximately 15 hours 3. Greeley water lease coordination, approximately 15 hours 4. New Cache water exchange lease schedule, approximately 15 hours 5. Technical support for water rights accounting and general water rights questions, approximately 40 hours Total Anticipated Cost for period between August 1, 2023 to July 31, 2024: $30,000.00. Changes to Exhibit B: 2023-2024 Schedule of Hourly Rates are attached. 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: Edward Armbruster Printed Name Signature ATTEST: 'r .ok "" ` J Weld County Clerk to the Board WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS BY: ueputy Clerk to Mike Freeman, Chair AUG 0 9 2023 0.10/6-.2/33 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND WHITE SANDS WATER ENGINEERS, INC. EXHIBIT B: 2023-2024 SCHEDULE OF HOURLY RATES Labor Category Hourly Rate Principal Engineer $250 Senior Project Manager $225 Project Manager $210 Senior Project $185 Engineer/Scientist Project Engineer/Scientist $165 Staff Engineer/Scientist $160 Student Intern $90 Administrative Staff $125 Mileage Reimbursement = Current allowable IRS rate Clerk and Recorder Fees = At Cost Printing Fees = At Cost Delivery Fees = At Cost Travel for Water Court = At Cost Contract Form New Contract Request Entity Information Entity Name. Entity ID. WHITE SANDS WATER ENGINEERS INC ;000035550 Contract Name. WATER RIGHTS ENGINEERING CONTRACT RENEWAL Contract Status CTB REVIEW Contract ID 7275 Contract Lead. CKIMMI ❑ New Entity? Parent Contract ID 20152133 Requires Board Approval YES Contract Lead Email Department Project 1- CKimmjgco.vveld.co.us Contract Description. CONTRACT RENEWAL FOR THE PERIOD FROM AUGUST 1, 2023 TO JULY 31, 2024. THIS IS CONTRACT IS FOR WATER RIGHTS SUPPORT ON WATER COURT CASES AND MONTHLY ACCOUNTING THAT IS REQUIRED BY THE COLORADO DIVISION OF WATER RESOURCES. Contract Description 2 Contract Type. RENEWAL Amount. $30,000.00 Renewable YES Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWarks>0weidgov.com Department Head Email CM-PublicWiorks- DeptHeadueldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY0V WELDG OV.COM If this is a renewal enter previous Contract ID 6248 If this is part of a IMSA enter MSA Contract ID Requested ROCC Agenda Date. 08 02, 2023 Due Date 07 29 2023 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* 07/27/2023 Renewal Date* 07;31?2024 Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head _CURTIS HALL DH Approved Date 08/03/2023 Fil BO CC Approved B0CC Signed Date B0CC Agenda Date 08/09/2023 Originator CKIMMI Contact Type Committed Delivery Date Contact Email Finance Approver CHERYL PATTELLI Expiration Date Contact Phone 1 Purchasing Approved Date Finance Approved Date 08,'03,'2023 Tyler Ref # AG 080923 Legal Counsel ADRIA SCHIEL Contact Phone 2 Legal Counsel Approved Date 08,0712023 Con1'aCt ID-f$UNB MEMORANDUM TO: Esther Gesick, CTB DATE: August 18, 2022 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Contract Extension for White Sands Water Engineers This contract extension is for the 2022 renewal of the water rights engineering contract with White Sands Water Engineers, Inc. White Sands provides the County with support on water court case engineering, monthly accounting to the Division of Water Resources, and assistance with annual renewals of water rights leases with Greeley and New Cache La Poudre Irrigation Company. The extension for 2022 is for an amount not to exceed $25,100. The budget will be split between several tasks. 1. Monthly water accounting for Weld County's three dust control wells, the Bearson Pit, and the Geisert Pit L-shaped pond 2. Annual Notice of Estimated Depletions 3. Greeley Water Lease coordination 4. New Cache water exchange lease schedule 5. Technical support for water rights accounting and general water rights questions The County Attorneys office has reviewed and approved the renewal. The Board approved the pass around on August 17, 2022. Please place on the next available consent agenda. Conserl- endo- wZa / Zz c6,406.,(t1)) 8/a -9/a -9- Z05 -2133 ge10t-1 Z BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Contract Agreement Extension/Renewal between the Weld Count Department of Public Works and White Sands Water Engineers, Inc. DEPARTMENT: Public Works DATE: August 15, 2022 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: White Sands Water Engineers has been contracted by the County since 2015 to assist with water rights projects and provide technical support as necessary. Public Works would like to retain the services of White Sands Water Engineers through July 2023 to continue to assist the County with ongoing projects and provide technical support when needed. Specifically, the items and costs included in the 2022 Extension include: 1. Monthly water accounting for Weld County's three dust control wells, the Bearson Pit, and the Geisert Pit L- shaped pond, approximately 48 hrs 2. Annual Notice of Estimated Depletions, approximately 15 hrs 3. Greeley Water Lease coordination, approximately 15 hrs 4. New Cache water exchange lease schedule, approximately 15 hrs 5. Technical support for water rights accounting and general water rights questions, approximately 40 hrs Total Anticipated Cost for Period August 1, 2022 to July 31, 2023: $25,100 The Attorney's Office has reviewed the renewal agreement and provided their concurrence with regards to the contract language. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Accept and sign the 2022 Extension to retain the services of White Sands Water Engineers. White Sands Engineers has been doing a very good job representing the County with respect to the water rights. 2. Do not accept and sign the 2022 Extension to retain the services of White Sands Water Engineers. If the White Sands Engineers Contract is not renewed, the County would have to start the search fora new water rights engineer which would complicate the Rural Ditch Case that we are currently involved with. Recommendation: Public Works recommends approval of the contract renewal and placement of the contract renewal on the BOCC consent agenda. Approve Recommendation Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Seine Schedule Work Session Other/Comments: = CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND WHITE SANDS WATER ENGINEERS, INC. r, This Agreement Extension/Renewal ("Renewal"), made and entered into this Zdl t day of iik, lAJcc +- 2022, by and between the Board of Weld County Commissioners, on behalf of the Weld County Depaent of Public Works, hereinafter referred to as the "Department", and White Sands Water Engineers, 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. 2015-2133, approved on July 22, 2015. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement ended on July 21, 2016. The Original Agreement has been extended annually since July 21, 2016. The parties agree to extend the Original Agreement for an additional 1 -year period, which will begin August 1, 2022, and will end on July 31, 2023. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following changes to Exhibit A: Scope of Work are hereby made to the Contract Document 1. Monthly water accounting for Weld County's three dust control wells, the Bearson Pit, and the Geisert Pit L- shaped pond, approximately 48 hours 2. Annual Notice of Estimated Depletions, approximately 15 hours 3. Greeley Water Lease coordination, approximately 15 hours 4. New Cache water exchange lease schedule, approximately 15 hours 5. Technical support for water rights accounting and general water rights questions, approximately 40 hours Total Anticipated Cost for period August 1, 2021 to July 31, 2023: $25,100. Changes to Exhibit B: 2022-2023 Schedule of Hourly Rates are attached. 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: Printed Name Signature ATTES Weld C BY: Deputy Clerk to �' a Bo rd BOARD OF COUNTY COMMISSIONERS WELD4OUNTY, COLORADO Scott James, Chair AUG 2 9 2022 Contract Form New Contract Request Entity Information Entity Name. Entity ID WHITE SANDS WATER ENGINEERS INC '4'00035550 Contract Name. Contract ID WATER RIGHTS ENGINEERING CONTRACT RENEWAL FOR 6248 2022 Contract Lead* Contract Status CKIMMI CTB REVIEW ❑ New Entity? Parent Contract ID 20152133 Requires Board Approval YES Contract Lead Email Department Project # CKimmigco.weld.co.us Contract Description* THE ANNUAL CONTRACT EXTENSION FOR THE WATER RIGHTS ENGINEERING CONTRACT. Contract Description 2 Contract Type* RENEWAL Amount* 925,100.00 Renewable * YES Automatic Renewal NO Grant NO IGA NO Department PLIBLIC WORKS Department Email CM- PublicWorks-Aweldgov.com Department Head Email CM-PublicWorks- DeptHead:rreldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY tWELDG OV.COM If this is a renewal enter previous Contract ID 3931 If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date. 08 29f2022 Due Date 08/25:2022 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 08 18.2022 Renewal Date * 00 01 2023 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head .CURTIS HALL DH Approved Date 08,19,2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 082/`2022 Originator CK€MMI Finance Approver CHRIS D'OVIDIO Legal Counsel BRUCE BARKER finance Approved Date Legal Counsel Approved Date 08:;22;2022 08;.22/2022 Tyler Ref # AG 082922 MEMORANDUM TO: Esther Gesick, CTB DATE: July 20, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Contract Extension for White Sands Water Engineers This contract extension is for the 2021 renewal of the water rights engineering contract with White Sands Water Engineers, Inc. White Sands provides the County with support on water court case engineering, monthly accounting to the Division of Water Resources, and assistance with annual renewals of water rights leases with Greeley and New Cache La Poudre Irrigation Company. The extension for 2021 is for an amount not to exceed $141,305. The budget will be split between several tasks. 1. Rural Ditch Water Court Case — this task makes up the bulk of the 2021 budget 2. Monthly Accounting to Division of Water Resources 3. Greeley and New Cache lease coordination 4. Annual notice of estimated depletions to City of Greeley and Division of Water Resources 5. Technical support for Weld County staff The Board approved the pass around on July 19, 2020. Please place on the next available consent agenda. Page 1 of 1 M:\Water Rights\White Sands Contract\2021 Contract\2021 White Sands Memo to BOCC.docx 7,-a Z —02/ 020,.5- -.2193 ��a07z BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Contract Agreement Extension/Renewal between the Weld County Department of Public Works and White Sands Water Engineers, Inc. DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi DATE: July 7, 2021 Brief description of the problemflssue: White Sands Water Engineers has been contracted by the County since 2015 to assist with water rights projects and provide technical support as necessary. Public Works would like to retain the services of White Sands Water Engineers through July 2022 to continue to assist the County with ongoing projects and provide technical support when needed. Specifically, the items and costs included in the 2021 Extension include: 1. Rural Ditch Water Court Case, approximately 560 hrs a. The water rights for the Rural Ditch case have been transferred to Central Colorado Water Conservancy District (Central). Since the water rights are being used by Central to supplement the County's augmentation obligations, Weld County agreed to pay for the water court costs. 2. Monthly water accounting for Weld County's three dust control wells, the Bearson Pit, and the Geisert Pit L- shaped pond, approximately 48 hrs 3. Annual Notice of Estimated Depletions, approximately 15 hrs 4. Greeley Water Lease coordination, approximately 15 hrs 5. New Cache water exchange lease schedule, approximately 15 hrs 6. Technical support for water rights accounting and general water rights questions, 40 hrs Total Anticipated Cost for Period July 21, 2021 to July 20, 2022: $141,305 The Attorney's Office has reviewed the renewal agreement and provided their concurrence with regards to the contract language. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Accept and sign the2021 Extension to retain the services of White Sands Water Engineers. White Sands Engineers has been doing a very good job representing the County with respect to the water rights. 2. Do not accept and sign the 2021 Extension to retain the services of White Sands Water Engineers. If the White Sands Engineers Contract is not renewed, the County would have to start the search for a new water rights engineer which would complicate the Rural Ditch Case that we are currently involved with. Recommendation: Public Works recommends approval of the contract renewal and placement of the contract renewal on the BOCC consent agenda. Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Seine prove Schedule Recommendation Work Session Other/Comments: CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND WHITE SANDS WATER ENGINEERS, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into this day of 2021, by and between the Board of Weld County Commissioners, on behalf of the Weld County De Public Works, hereinafter referred to as the "Department", and White Sands Water Engineers, Inc., hereinafte 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. 2015-2133, approved on July 22, 2015. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which isincorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in ®nsideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement ended on July 21, 2016. • The Original Agreement las been extended annually since July 21, 2016. • The parties agree io &Aend the Original Agreement for an additional 1 -year period, which will begin July 21, 2021, and will end on July 20, 2022. • The Renewal, together math the Original Agreement, constitutes the entire understanding between the parties. The following changes to Exhibit A: Scope of Work are hereby made to the Contract Document: 1. Rural Ditch Water Court Case, approximately 560 hours 2. Monthly water accou=nting for Weld County's three dust control wells, the Bearson Pit, and the Geisert Pit L- shaped pond, approximately 48 hours 3. Annual Notice of Estimated Depletions, approximately 15 hours 4. Greeley Water Lease coordination, approximately 15 hours 5. New Cache water exchange tease schedule, approximately 15 hours 6. Technical support forwater rights accounting and general water rights questions, 40 hours Total Anticipated Cost for period July 21, 2021 to July 20, 2022: $141,305. • Changes to Exhibit B: 2D21-2022 Schedule of Hourly Rates is attached. • All other terms and condions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the pates hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTO-: r ce • /+ i! M 4 Printed Name ignature ATTES Weld BY: Deputy Clerk to BOARD OF COUNTY COMMISSIONERS WEL l C . U NTY, COLORADO Steve Moreno, Chair 'JUL 2 6 2021 020 EXHIBIT B: 2021-2022 SCHEDULE OF HOURLY RATES Labor Category Hourly Rate Principal Engineer $225 Senior Project Manager $200 Project Manager $185 Senior Project Engineer/Scientist $155 Project Engineer/Scientist $145 Staff Engineer/Scientist $125 Student Intern $80 Administrative Staff $90 Mileage Reimbursement = Current allowable IRS rate Clerk and Recorder Fees = At Cost Printing Fees = At Cost Delivery Fees = At Cost Travel for Water Court = At Cost New Contract Request Entity Information Entity Name"' Entity ID* WHITE SANDS WATER ENGINEERS INC: 03,00035550 Contract Name* Contract ID 2021 WATER RIGHTS ENGINEERING CONTRACT RENEWAL 5059 Contract Status CTB REVIEW Contract Lead* CKIMMI ❑ New Entity? Parent Contract ID 20152133 Requires Board Approval YES Contract Lead Email Department Project # CKimmi@co.weld.co.us Contract Description * CONTRACT RENEWAL FOR THE COUNTY'S WATER RIGHTS ENGINEER Contract Description 2 Contract Type* RENEWAL Amount* $141,305.00 Renewable* YES Automatic Renewal NO Grant NO ICA NO Department PUBLIC WORKS Department Email CM- PublicWorks@veeldgov.com Department Head Email CM-PublicWorks- DeptHead _\veldgov.com County Attorney BIDE CHOATE County Attorney Email BC HOATE@CO.'WE LD. CO. U S If this is a renewal enter previous Contract ID 3931 If this is part of a MA enter MSA Contract ID Requested BQCC Agenda Date* 07:'26:2021 Due Date 07;22 2021 Will a wont session with BOCC be required? HAD Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Review Date* 07;20/2021 Committed Delivery Date Renewal Date* 07 20,2022 Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing ovei CONSENT Approval Process Department Head JAY MCDONAL DH Appri ,xs Date 07/20,12021 Fina BOCC Approved BOCC Signed Date BOCC Agenda Date 07;2612021 Originator CKIMMI Contact Type Finance Approver CONSENT Contact Phone 1 Contact Phone 2 Purchasing Approved Date 07'20/2021 Finance Approved Date 07/20/2021 Tyler Ref # AG 072621 Legal Counsel CONSENT Legal Counsel Approved Date 07,20/2021 MEMORANDUM TO: Esther Gesick, CTB DATE: July 30, 2019 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Contract Extension for White Sands Water Engineers This contract extension is for the 2020 renewal of the water rights engineering contract with White Sands Water Engineers, Inc. White Sands provides the County with support on water court case engineering, monthly accounting to the Division of Water Resources, and assistance with annual renewals of water rights leases with Greeley and New Cache La Poudre Irrigation Company. The extension for 2020 is for an amount not to exceed $167,040. The budget will be split between several tasks. 1. Rural Ditch Water Court Case — this task makes up the bulk of the 2020 budget 2. Monthly Accounting to Division of Water Resources 3. Greeley and New Cache lease coordination 4. Annual notice of estimated depletions to City of Greeley and Division of Water Resources 5. Technical support for Weld County staff The Board approved the pass around on July 29, 2020. Please place on the next available consent agenda. ec:O-AtetorAzz.(toto Page 1 of 1 M:\Water Rights\White Sands Contract\2020 Contract\2020 White Sands Memo to BOCC.docx 02e/5-.2-433 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND WHITE SANDS WATER ENGINEERS, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into this day of , 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department o ublic Works, hereinafter referred to as the "Department", and White Sands Water Engineers, Inc., hereinafter referre 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. 2015-2133, approved on July 22, 2015. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement ended on July 21, 2016. • The Original Agreement has been extended annually since July 21, 2016. • The parties agree to extend the Original Agreement for an additional 1 -year period, which will begin August 21, 2020, and will end on August 20, 2021. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following changes to Exhibit A: Scope of Work are hereby made to the Contract Document: 1. Rural Ditch Water Court Case, approximately 811 hours 2. Monthly water accounting for Weld County's three dust control wells, the Bearson Pit, and the Geisert Pit L- shaped pond, approximately 46 hours 3. Annual Notice of Estimated Depletions, approximately 15 hours 4. Greeley Water Lease coordination, approximately 15 hours 5. New Cache water exchange lease schedule, approximately 15 hours 6. Technical support for water rights accounting and general water rights questions, 40 hours Total Anticipated Cost for period August 21, 2020 to August 20, 2021: $167,040. • Changes to Exhibit B: 2020-2021 Schedule of Hourly Rates is attached. • 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/ /4/-ev);.(^1-1 Printed Name Signature ATTEST. Wel Clerk to the Boa BY. .1'��// 'Ipeputy Clerk to`I a Beard /, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ke Freeman, Chair AUG 0 3 2020 e21715-7- „2j33 EXHIBIT B: 2020-2021 SCHEDULE OF HOURLY RATES Labor Category Hourly Rate Principal Engineer $215 Senior Project Manager $200 Project Manager $185 Senior Project Engineer/Scientist $155 Staff Engineer/Scientist $140 Student Intern $80 Administrative Staff $75 Mileage Reimbursement = Current allowable IRS rate Clerk and Recorder Fees = At Cost Printing Fees = At Cost Delivery Fees = At Cost Travel for Water Court = At Cost BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Contract Agreement Extension/Renewal between the Weld Count Department of Public Works and White Sands Water Engineers, Inc. DEPARTMENT: Public Works DATE: July 23, 2020 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: White Sands Water Engineers has been contracted by the County since 2015 to assist with water rights projects and provide technical support as necessary. Public Works would like to retain the services of White Sands Water Engineers through August 2021 to continue to assist the County with ongoing projects and provide technical support when needed. Specifically, the items and costs included in the 2020 Extension include: 1. Rural Ditch Water Court Case, approximately 811 hrs a. The water rights for the Rural Ditch case have been transferred to Central Colorado Water Conservancy District (Central). Since the water rights are being used by Central to augment the County's augmentation obligations, Weld County agreed to pay for the water court costs. b. It is expected that the water court case will be finalized by the end of March 2021. 2. Monthly water accounting for Weld County's three dust control wells, the Bearson Pit, and the Geisert Pit L- shaped pond, approximately 46 hrs 3. Annual Notice of Estimated Depletions, approximately 15 hrs 4. Greeley Water Lease coordination, approximately 15 hrs 5. New Cache water exchange lease schedule, approximately 15 hrs 6. Technical support for water rights accounting and general water rights questions, 40 hrs a. Costs for technical support items in the contract were minimal during the 2019 Extension and are expected to continue as such during the upcoming year. Total Anticipated Cost for Period August 21, 2020 to August 20, 2021: $167,040 The Attorney's Office has reviewed the renewal agreement and provided their concurrence with regards to the contract language. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Accept and sign the 2020 Extension to retain the services of White Sands Water Engineers. White Sands Engineers has been doing a very good job representing the County with respect to the water rights. 2. Do not accept and sign the 2020 Extension to retain the services of White Sands Water Engineers. If the White Sands Engineers Contract is not renewed, the County would have to start the search for a new water rights engineer which would complicate the Rural Ditch Case that we are currently involved with. Recommendation: Public Works recommends approval of the contract renewal. Mike Freeman, Chair Scott James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D. Ross Approve Recommendation Work Session Schedule Other/Comments: Contract Form ew Contract Request Entity Information Entity Name* Entity ID* WHI I E SANDS WA I ER ENGINEERS @00035550 INC Contract Name* 2020-21 CONTRACT RENEWAL Contract Status CTB REVIEW Contract Description* CONTRACT RENEWAL FOR THE 2020-21 YEAR. Contract Description 2 Contract Type* RENEWAL Amount 5167,040.00 Renewable * YES Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorks@weRlgovcom Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE@r)CO.WELD.CO. US If this is a renewal enter previous Contract ID 2947 If this is part of a MSA enter MSA Contract ID Contract ID 3931 Contract Lead* CKIMMI ❑ New Entity? Parent Contract ID 20152133 Requires Board Approval YES Contract Lead Email Department Project CKimmi@co.weld.co.us AN -46 Requested BOCC Agenda Date* 08/10/2020 Due Date 08/06/2020 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master 5er:ices Agreement Number should be left blank if those contracts are not in OnEase Contract Dates Effective Date Termination Notice Period Review D 07/01/2021 Committed Delivery Date Renewal Date* 08/15/2021 Expiration Date Contact Information Contact Info Contact Name Purchasing haling Approver Approval Process Department Head ELIZABE I H RELFORJ DH Approved Date ©713012020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08/03/2020 Originator CKIMMI Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 07/30/2020 Tyler Ref # AG 080320 Legal Counsel BOB CHOATE Legal Counsel Approved Date 07130(2020 Submit ex4capi- k BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Contract Agreement Extension/Renewal between the Weld Count Department of Public Works and White Sands Water Engineers, Inc. DEPARTMENT: Public Works DATE: June 24, 2019 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: White Sands Water Engineers has been contracted by the County since 2015 to assist with water rights projects and provide technical support as necessary. Public Works would like to retain the services of White Sands Water Engineers through August 2020 to continue to assist the County with ongoing projects and provide technical support when needed. Specifically, the items and costs included in the 2018 Extension include: 1. Rural Ditch Water Court Case, approximately 358 hrs a. The water rights for the Rural Ditch case have been transferred to Central Colorado Water Conservancy District (Central). Since the water rights are being used by Central to augment the County's augmentation obligations, Weld County agreed to pay for the water court costs. 2. Monthly water accounting for Weld County's three dust control wells, the Bearson Pit, and the Geisert Pit L- shaped pond, approximately 46 hrs 3 Annual Notice of Estimated Depletions, approximately 15 hrs 4. Greeley Water Lease coordination, approximately 15 hrs 5. New Cache water exchange lease schedule, approximately 15 hrs 6. Technical support for water rights accounting and general water rights questions, 40 hrs a. Costs for technical support items in the contract were minimal during the 2018 Extension and are expected to continue as such during the upcoming year. Total Anticipated Cost for Period August 21, 2019 to August 20, 2020: $158,000 What options exist for the Board? (include consequences, impacts, costs, etc. of options,: 1. Accept and sign the 2019 Extension to retain the services of White Sands Water Engineers 2. Do not accept and sign the 2019 Extension to retain the services of White Sands Water Engineers Recommendation: Public Works recommends approval from the Board of County Commissioners. Sean P. Conway Mike Freeman, Pro-Tem Scott James Barbara Kirkmeyer, Chair Steve Moreno ccvsd1 1D -fl Approve Recommendation Schedule Work Session Other/Comments: e6: 614.6.AAt-e}66) EC4007 a. CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND WHITE SANDS WATER ENGINEERS, INC. 7� This Agreement Extension/Renewal ("Renewal"), made and entered into this /4, day of 2019, by and between the Board of Weld County Commissioners, on behalf of the Weld County Depa en f Public Works, hereinafter referred to as the "Department", and White Sands Water Engineers, 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. 2015-2133, approved on July 22, 2015. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement ended on July 21, 2016. • The parties agree to extend the Original Agreement for an additional 1 -year period, which will begin August 21, 2019, and will end on August 20, 2020. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following changes to Exhibit A: Scope of Work are hereby made to the Contract Document: 1. Rural Ditch Water Court Case, approximately 358 hours 2. Monthly water accounting for Weld County's three dust control wells, the Bearson Pit, and the Geisert Pit L- shaped pond, approximately 46 hours 3. Annual Notice of Estimated Depletions, approximately 15 hours 4. Greeley Water Lease coordination, approximately 15 hours 5. New Cache water exchange lease schedule, approximately 15 hours 6. Technical support for water rights accounting and general water rights questions, 40 hours Total Anticipated Cost for period August 21, 2019 to August 20, 2020: $158,000. • 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. Deputy Clerk t;'the Beard BOARD OF COUNTY COMMISSIONERS W 1 D COUNTY, COLSdRADO Barbara Kirkmeyer, chair JUL 1 0 2 019 �o ��- O2 /33 EXHIBIT B: 2019-2020 SCHEDULE OF HOURLY RATES Labor Category Hourly Rate Principal Engineer $210 Senior Project Manager $200 Project Manager $180 Senior Project Engineer/Scientist $155 Project Engineer/Scientist $140 Staff Engineer/Scientist $125 Student Intern $80 Administrative Staff $75 Contract Form Entity Information ❑ New Entity? Entity Name* Entity ID* WHITE SANDS WATER ENGINEERS @00035550 INC Contract Name* CONTRACT EXTENSION FOR 2019 Contract Status CTB REVIEW Contract ID 2947 Contract Lead* CKIMMI Parent Contract ID 20152133 Requires Board Approval YES Contract Lead Email Department Project # CKimmi@co.weld.co.us AN -46 Contract Description* THIS IS A CONTRACT EXTENSION FOR OUR WA! ER RIGHTS ENGINEERING CONSULTANT FOR 2019. Contract Description 2 THE CONSULTANT PROVIDES SERVICES FOR WATER RIGHT ACCOUNTING, TRAINING, AND WATER COURT. THE ORIGINAL CONTRACT WAS SIGNED WITH THIS CONSULTANT IN 2015. IT IS IN TYLER AS 2015-2133 Contract Type* RENEWAL Amount* $158,000.00 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHead@weldgov.com county Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD.CO.US CO. US If this is a renewal enter previous Contract ID 20152133 If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 07/08/2019 Due Date 07f04/2019 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept.. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates • • Effective Date Termination Notice Period Review Date* 07/03/2019 Committed Delivery Date Renewal Date* 08/22/2019 Expiration Date Contact Information Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head JAY MCDONALD DH Approved Date 07/03/2019 Finance Approver BARB CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date 07/03/2019 Legal Counsel Approved Date 07/03/2019 BOCC Approved BOCC Signed Date BOCC Agenda Dale 07/10/2019 Tyler Ref # AG071019 Originator CKIMMI BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Contract Agreement Extension/Renewal between the Weld County Department of Public Works and White Sands Water Engineers, Inc. DEPARTMENT: Public Works DATE: 7/13/2018 PERSON REQUESTING: Devin Traff, Clay Kimmi Brief description of the problem/issue: White Sands Water Engineers has been contracted by the County since 20I 5 (see 2015 Agreement, attached) to assist with water rights projects and provide technical support as necessary. Public Works would like to retain the services of White Sands Water Engineers through August 2019 to continue to assist the County with ongoing projects and provide technical support when needed. Specifically, White Sands will provide the following services. The first is the completion of a water court decree to change the use of Weld County's Rural Ditch rights from irrigation to augmentation. This will provide a permanent replacement source for depletions from the Hokestra Gravel Pit. This task is being continued from the 2017 Contract Extension and the budget shown below reflects the remaining amount not spent during the 2017 Extension. Second, White Sands may provide technical support on an as -needed basis for items related to water rights such as accounting, annual notices of depletion, and water lease coordination. Costs for technical support items in the contract have been minimal during the 2017 Extension and are expected to continue as such during the upcoming year. The items and costs included in the 2018 Extension include: 1. Completion of Rural Ditch Water Court Case, 472 hrs, (approx. $84,000) 2. Technical support for water rights accounting and general water rights questions - 144 hrs, (approx. $24,000) Total Anticipated Cost for Period August 21, 2018 to August 20, 2019: $108,000 What options exist for the Board? (include consequences, impacts, costs, etc. of options): I. Accept and sign the 2018 Extension to retain the services of White Sands Water Engineers 2. Do not accept and sign the 2018 Extension to retain the services of White Sands Water Engineers Recommendation: Public Works recommends approval from the Board of County Commissioners. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair Approve Recommendation J Schedule Work Session cam: a.6 —e0)) Other/Comments: 020/5 "-2/3.4. CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND WHITE SANDS WATER ENGINEERS, INC. This Agreement Extension/Renewal ("Renewal'), made and entered into 174d -ay of 2018, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public orks, hereinafter referred to as the "Department", and White Sands Water Engineers, 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. 2015-2133. approved on July 22, 2015. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement ended on July 21, 2016. • The parties agree to extend the Original Agreement for an additional 1 -year period, which will begin August 21, 2018, and will end on August 20, 2019. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following changes to Exhibit A: Scope of Work are hereby made to the Contract Document: 1. Completion of Rural Ditch Water Court Case, 472 hrs, (approx. $84,000) 2. Technical support for water rights accounting and general water rights questions -144 hrs, (approx. $24,000) Total Anticipated Cost for period August 21, 2018 to August 20, 2019: $108,000. • 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: „7_,/ re4 (,11.5 Printed Name BOARD OF COUNTY COMMISSIONERS WELD COUNTY,, COLORADO �C �-��iZ O c Steve Moreno, Chair AUG 2018 ado/5 -a /3 3 EXHIBIT B: SCHEDULE OF HOURLY RATES Labor Category Hourly Rate Principal Engineer $210 Senior Project Manager $200 Project Manager $188 Senior Project Engineer $160 Project Engineer $150 Staff Engineer $110 Student Intern $90 Administrative Staff $75 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & WHITE SANDS WATER ENGINEERS. INC Water Sum*, Planning and Water Rights Services THIS AGREEMENT is made and entered into thi�y of 1�Y , 2015, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and White Sands Water Engineers, Inc., a corporation, whose address is 110 N. Rubey Drive, Suite 202, Golden, CO 80403, hereinafter referred to as "Contract Professional". WHEREAS, County has a need for professional services related to water supply planning and water rights projects and tasks, and; WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional 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 Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of the scope of work for professional services that are initially approved under this agreement. The scope of work contains all of the specifications for the projects and tasks. Exhibit B consists of Contract Professional's Rate Schedule. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on the attached Exhibit A. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A 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 execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibit A. 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. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional and Contract Professional shall notify County if they wish to renew this Contract and if so, whether specific terms, conditions or other contract requirements must first be renegotiated. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement by either party. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional 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 Contract Professional 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, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional 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 incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional 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 Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional 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, Contract Professional'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 Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Contract Amount/Compensation. The contract amount for the services identified in Exhibit A is $42,570. Invoices will be submitted monthly by the Contract Professional to County and will reflect actual amounts of time and expenses incurred during the prior 30 day period. County will make remit payment to Contract Professional within 30 days of invoice receipt. Contract Professional acknowledges no payment in excess of the contract amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit A. Contactor ackmowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 Contract Professional 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, Contract Professional 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 Contract Professional hereunder and Contract Professional 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. Mileage may be reimbursed if the provisions of Exhibit A permit such payment at the rate set forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in Exhibit B of this Agreement. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred. 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 Contract Professional 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 Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County). 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of the projects 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 subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, 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 Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional 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 Contract Professional 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. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional 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 unless required by law of court order to be disclosed. Contract Professional 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. Representations. Contract Professional represents that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional 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 Contract Professional 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 Contract Professional, and County's action or inaction when any such breach or default shall exist 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 services 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 and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies be canceled before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation unless due to non- payment of premiums for which notice shall be sent ten (10) days prior." If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self - insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 Contract Professional 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. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional 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 Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies not meeting the standard of care. INDEMNITY: The Contract Professional shall indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional 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, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. In consideration of the award of this contract, the Contract Professional 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 Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional 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. Contract Professional 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, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $1,000,000 $2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability and excess/umbrella liability Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional 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 Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any 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. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. 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. 17. 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. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance 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 by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: White Sands Water Engineers, Inc. Attn.: Ed Armbruster, President Address: 110 N. Rubey Drive, Suite 202 Address: Golden, CO 80403 E-mail: ed.armbruster@whitesandswater.com Facsimile: 970-495-7576 County: Name: Clay Kimmi Position: Senior Engineer Address: PO Box 758 Address: Greeley, CO 80632 E-mail: ckimmi@weldgov.com Facsimile: 970-304-6497 18. Compliance with Law. Contract Professional 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. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. 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. 21. 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. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severabffity. 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. 24. Governmental Immunity. No term or condition of this contract 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. 25. 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. 26. 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. 27. 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, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional 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 Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional 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. Contract Professional 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 Contract Professional 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, Contract Professional 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 Contract Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional 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. 29. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, 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. 30. 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 Contract Professional 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 A and B, 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this c v of .2015. CONTRACT PROFESSIONAL: By: Date Name: _Ed d Armbruster, Pl. Title: President July 14th. 2015 WELD C ATTEST:' Weld C BY: lerk to the 13o L Deputy Cler I to the B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -rn.444 1.1114 Mike Freeman, Pro-Tem1 ju` 1 2 2015 AP ED AS TO F 5N r APPROVED AS TO/SUBSTANCE: Controller Elected E)1I l or Depa ent Head APPROVED AS To FORM: County Attorney h1 LT fcPPC.t e t Director of General Services f, 'aX- -- 7/ .3. EXHIBIT A: SCOPE OF WORK White Sands Water Engineers, Inc. (White Sands) proposes to provide the following services: 1. Project: Geisert Pit Water Court Case No. 12CW304 White Sands will provide support to for the Geisert Pit Water Court Case including the following tasks: a) Review previous engineering reports, SWSP requests, and objector comments concerning Case No. 12CW304 and as necessary, develop additional responses to issues not yet addressed or issues not consistent with the latest draft decree; b) Update all tables and figures within engineering report as necessary and prepare decree exhibits as requested by the water attorney; c) Assist water attorney with review of proposed decree; d) Conduct the first expert's meeting by July 20, 2015; e) Conduct negotiations with objectors following the expert's meeting; f) Provide a supplemental report as necessary to opine concerning all engineering aspects to the case and to address objector's comments by August 3, 2015; g) Review objector's engineering disclosure reports; h) Conduct the second expert's meeting by October 26, 2015; i) Prepare rebuttal disclosure report by November 2, 2015 j) Prepare joint statement by experts concerning remaining disputed issues by November 16, 2015; k) Review and assist the water attorney with settlement proposals and negotiations; 1) As needed - other professional services as required to deal with unanticipated issues related to the case; m) This scope of services does not include preparation for or providing expert testimony at trial or deposition; n) The County shall be supplied with electronic copies of all files generated as a result of this task; o) The estimated costs to complete this task are based on the rates provided in Exhibit B and are listed below: i. Not to exceed 60 hours for a Principal Engineer ii. Not to exceed 62 hours for a Project Manager iii. Not to exceed 78 hours for a Project Engineer iv. Not to exceed 24 hours for a Staff Engineer v. Total expenditure for this task shall not exceed $32,610. 2. Project: County Personnel Water Rights Training White Sands will provide training and support to the County's in-house water engineer regarding accounting issues, SWSP renewals, general water rights questions, etc. a) This task will be as determined to be needed by County. b) The estimated costs to complete this task are based on the rates provided in Exhibit B and are listed below: i. Not to exceed 8 hours for a Principal Engineer ii. Not to exceed 12 hours for a Project Manager iii. Not to exceed 40 hours for a Project Engineer iv. Not to exceed 24 hours for a Staff Engineer v. Total expenditure for this task shall not exceed $ 9,960. 3. White Sands will not charge for equipment, supplies, and general expenses unless those expenses are included as approved expenses on Exhibit B or are previously approved in writing by the County. EXHIBIT B: SCHEDULE OF HOURLY RATES Labor Category, Hourly Rate* Principal Engineer $180 to $200 Senior Project Manager $180 to $200 Project Manager $140 to $180 Project Engineer $110 to $180 Staff Engineer $75 to $110 Administrative Staff $50 to $75 * Hourly Rates may be adjusted each calendar year /p't /377 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Contract Agreement Extension/Renewal between the Weld Count Department of Public Works and White Sands Water Engineers, Inc. DEPARTMENT: Public Works DATE: 8/9/2017 PERSON REQUESTING: Devin Traff Brief description of the problem/issue: White Sands Water Engineers has been contracted by the County since 2015 (see 2015 Agreement, attached) to assist with water rights projects and provide technical support. Public works would like to retain the services of White Sands Water Engineers through August 2018 to continue to assist the County with ongoing water rights projects and provide technical support when necessary. Currently, White Sands is pursuing a water court decree on behalf of the County to change the use of its Rural Ditch water rights from irrigation to augmentation. This will provide a permanent replacement source for Hokestra Pit depletions. Additionally, White Sands will provide technical support related to the renewal of the Hokestra Pit Substitute Water Supply Plan, water rights accounting, annual notices of depletion, and water lease coordination. Technical support items in the contract have decreased from the 2016 extension (see attached) due to training received by the new water resources engineer and are expected to continue in this direction. The items and costs included in the 2017 Renewal include: I. Completion of Rural Ditch Water Court Case, 885 hrs, (approx. $145,000) 2. Hokestra Pit —Rural Ditch SWSP renewal, 12 hrs, (approx. $2,000) 3. Monthly water accounting for Weld County's three dust control wells, and the Hokestra, Bearson and Geisert Pit mines, 36 hrs, (approx.$6,000) 4. Annual Notice of Estimated Depletions, 12 hrs, (approx.$2,000) 5. Greeley Water Lease coordination, 12 hrs, (approx. $2,000) 6. New Cache water exchange lease schedule, 12 hrs, (approx. $2,000) 7. Technical support for water rights accounting and general water rights questions - 60 hrs, (approx. $10,000) What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Accept and sign the 2017 Renewal to retain the services of White Sands Water Engineers 2. Do not accept and sign the 2017 Renewal to retain the services of White Sands Water Engineers Recommendation: Public Works recommends approval from the Board of County Commissioners. Julie Cozad, Chair Steve Moreno, Pro -Tern Mike Freeman Sean P. Conway Barbara Kirkmeyer Approve Recommendati _O1 Cm rimer+ Gtra,0 g � Schedule Work Session Other/Comments: aot5- a 133 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND WHITE SANDS WATER ENGINEERS, INC. 12714. This Agreement Extension/Renewal ("Renewal"), made and entered into OW day of 2017, by and between the Board of Weld County Commissioners, on behalf of the Weld County Depart ent of Public Works, hereinafter referred to as the "Department", and White Sands Water Engineers, 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. 2015-2133, approved on July 22, 2015. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement ended on July 21, 2016. • The parties agree to extend the Original Agreement for an additional 1 -year period, which will begin August 21, 2017, and will end on August 20, 2018. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following changes to Exhibit A: Scope of Work are hereby made to the Contract Document: 1. Completion of Rural Ditch Water Court Case, 885 hrs, (approx. $145,000) 2. Hokestra Pit —Rural Ditch SWSP renewal, 12 hrs, (approx. $2,000) 3. Monthly water accounting for Weld County's three dust control wells, and the Hokestra, Bearson and Geisert Pit mines, 36 hrs, (approx.$6,000) 4. Annual Notice of Estimated Depletions, 12 hrs, (approx.$2,000) 5. Greeley Water Lease coordination, 12 hrs, (approx. $2,000) 6. New Cache water exchange lease schedule, 12 hrs, (approx. $2,000) 7. Technical support for water rights accounting and general water rights questions - 60 hrs, (approx. $10,000) Total Anticipated Cost for period August 21, 2017 to August 20, 2018: $169,000. • 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: .1,41<-1-c-707 �!'�"�✓/vS � Printed Name Signature C� ATTEST: dir4/1) v• Weld ' o Clerk to the Bo , rd BY. Deputy Clerk tthe : oard BOARD OF COUNTY COMMISSIONERS TY, CQ>t,QRADO Julie Cozad, Chair Au 2611! EXHIBIT B: SCHEDULE OF HOURLY RATES Labor Category Hourly Rate Principal Engineer $210 Senior Project Manager $200 Project Manager $180 Senior Project Engineer $160 Project Engineer $150 Staff Engineer $110 Student Intern $90 Administrative Staff $75 • • • MEMORANDUM TO: Clerk to the Board DATE: July 1, 2016 FROM: Valerie Min/Clay Kimmi, Public Works Department SUBJECT: Consent Agenda Item RE: Doc #2015-2133 Contract Agreement Extension/Renewal with White Sands Water Engineers, Inc. from July 22, 2016 to July 21, 2017. M:\Francie\AGENDA memos\Agenda-ValerieMino.doc Cffin'c,n+ cXwnda. 3/ i tate;(1?-) 11;(vitit( Kec) • Bois- a133 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Contract Agreement Extension/Renewal between the Weld Count Department of Public Works and White Sands Water Engineers, Inc. DEPARTMENT: Public Works DATE: 6/2/16 PERSON REQUESTING: Valerie Mino and Clay Kimmi Brief description of the problem/issue: White Sands Water Engineers was contracted with the County in 2015 to assist with Weld County's water rights projects and to help train the new water engineer. See the attached 2015 agreement for details. Weld County's water engineer has recently decided to resign from her position (final day July 15, 2016), and we are currently looking for a replacement. Public works would like to retain the services of White Sands Water Engineers for 2016 to continue to assist the County without water rights projects and to train the replacement engineer. The duties of the water engineer may need to be covered by White Sands until the new employee can be brought up to speed on the water rights duties. Additional items have been added to the contract to cover those needs. In addition, some items listed in the 2015 contract have been removed because they have been completed. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Until the new engineer will be trained, the water rights duties (including monthly accounting, ect.) must be submitted to the state in a timely manner. White Sands Water Engineers will be able to cover those tasks while training the new engineer, if needed. If no action is taken, the accounting may not be submitted and the state may take actions including late notices, warnings, and Substitute Water Supply Plan rescinding. These actions could damage the county's current water rights and create extra work for county employees; all of which could cost the County extra money if not swiftly addressed. In addition, if the monthly accounting is not submitted, objectors to previous water court cases may file complaints with the state, further complicating matters. Recommendation: Approval from the Board of County Commissioners is recommended. Mike Freeman, Chair Sean P. Conway, Pro-Tem Julie Cozad Barbara Kirkmeyer Steve Moreno Approve Recommendation >M � Schedule Work Session Other/Comments: CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND WHITE SANDS WATER ENGINEERS, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 14 �� day of , 2016, by and between the Board of Weld County Commissioners, on behalf of the Weld County Departmentf PuWorks, hereinafter referred to as the "Department", and White Sands Water Engineers, 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. 2015-2133, approved on July 22, 2015. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows; • The Original Agreement will end on July 21, 2016. • The parties agree to extend the Original Agreement for an additional 1 -year period, which will begin July 22, 2016, and will end on July 21, 2017. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following changes to Exhibit A: Scope of Work are hereby made to the Contract Document: 1. Hokestra Pit —Rural Ditch SWSP renewal, 24 hours, $4,000. 2. Monthly water accounting for Weld County's three dust control wells, and the Hokestra, Bearson and Geisert pit mines, 72 hours, $12,000. 3. Annual Notice of Estimated Depletions — submit by January 1st to the Division One Engineer, 24 hours, $4,000. 4. Greeley Water Lease coordination -submit by December 1st to Danielle.snvder@greeleygov.com4 24 hours, $4,000. 5. New Cache water exchange lease schedule — submit to Dale Trowbridge DTrowbritlgq@newcache.com by November 1st, receive New Cache's schedule by November 15th to be added to the Greeley Water Lease, 24 hours, $4,000. 6. Training for Weld County's new water rights engineer — 120 hours, $20,000. Total Anticipated Cost for period July 22, 2016 to July 21, 2017: $40,000, • 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: Printed4Vame frbe Signature ATTEST: Weld C BY: Deputy Clerk to j e Board x4,,Sivs47 Vadio;e/k Clerk to the Boar APPR D AS TFING: Controller APPED AS , S FOR County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman hairs--rjUL 1 3 2016 APPOV '• D AS TO SUB TANCE: Elficial or ► 'artment He Director of General Services 0.2_0/5-02/S,6) E .1'II: IT R: SCHEDULE OF HOURLY RATES Labor Category, Hourly Rate* Principal Engineer $180 to $200 Senior Project Manager $180 to $200 Project Manager $140 to $180 Project Engineer $110 to $180 Staff Engineer $75 to $110 Administrative Staff $50 to $75 • Hourly Rates may be adjusted each calendar year RESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR WATER SUPPLY PLANNING AND WATER RIGHTS SERVICES AND AUTHORIZE CHAIR TO SIGN - WHITE SANDS WATER ENGINEERS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Professional Services Agreement for between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and White Sands Water Engineers, Inc., commencing July 22, 2015, and ending July 21, 2016, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Professional Services Agreement for between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and White Sands Water Engineers, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: darif44) CC jeito;ok EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: i QDJ[.Q> ty Clerk to the Sean P. Conw AP Steve Moreno unty Attorney Date of signature: 03 2015-2133 EG0072 MEMORANDUM TO: Esther Gesick, Clerk to the Board DATE: July 15, 2015 FROM: Clay Kimmi, P.E., Public Works SUBJECT: White Sands Water Professional Services Agreement Please place the attached agreement on the BOCC Agenda. The attached agreement is for a professional services agreement with White Sands Water Engineers, Inc. The agreement is for White Sands to complete the augmentation plan for the Geisert Pit and to provide water rights training to the County's water rights engineer. The Board has previously seen this item as a pass around. The approved pass around was returned to Public Works on July 14, 2015. The agreement is for an amount not to exceed $42,570. The expenses for the agreement will come out of the Public Works water rights budget. Bob Choate from the County Attorney's office has reviewed and approved this agreement. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. RECEIVED JUL 15 2015 WELD COUNTY COMMISSIONERS 2015-2133 Page 1 of 1 M:\Clay\Water Rights\Geisert\White Sands PSA Memo to Clerk to the Board 7-15-15.docx fie.} .f, Witifi BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Water Rights Professional Services Agreement for Water Rights Training and Geisert Water Court Case DEPARTMENT: Public Works DATE: 7/2/2015 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: On June 22, 2015, Public Works had a work session with the Board regarding water rights engineers. At that work session, the Board approved Public Works to convert our half time water engineer to full time and to bring on another water engineering consultant to complete the Geisert Water Court Case. The consultant was also approved to provide training and answer questions regarding water rights issues while our water rights engineer was coming up to speed. While the County recently entered into a contract with Central Colorado Water Conservancy District (Central) for the lined gravel pits at Geisert, the County retained the responsibility for augmenting the evaporation from the unlined gravel pit which feeds our mitigated wetland located on the Geisert property. The mitigated wetland was mandated by the Army Corps of Engineers for wetlands that were mined during the mining of the County's 83`d Ave Pit in the 1990s and early 2000s. The need for the consultant is based on the fact that the County is under some tight schedules in order to have the augmentation plan approved by the Water Court before the trial date in February 2016. There is not enough time to have our in-house person come up to speed and still meet all of the Court's deadlines. As the BOCC knows, the professional services agreement with Clear Water Solutions (CWS) was terminated due to the principal of the company refusing to work in accordance with the terms of the agreement. Since CWS was terminated, Brad Grasmick suggested the County utilize White Sands Engineering (White Sands) because they were already familiar with the water court case. White Sands is the water rights engineer who is representing Central on the storage right in the Geisert Pit. Staff contacted White Sands and negotiated a Professional Services Agreement with them. The agreement has been reviewed and approved by the County Attorney's office. The Agreement covers the all of the time required to provide training and provide all of the required Water Court reports. The Agreement will cost the County an amount not to exceed $42,570. The tasks are outlined in Exhibit A of the Agreement and include $32,610 for the Water Court task and $9,960 for the training task. It should be noted that CWS quoted a cost of $13,270 for tasks lb through Id. CWS would not provide an estimate for the entire task because they were not sure how to estimate the number of hours that would be needed to complete the task. White Sands hourly rates are the same or lower than the CWS hourly rates. White Sands feels confident that they will be able to come in under budget on the task. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Do not approve the agreement. Doing so will not allow the County to meet all of the Water Court mandated dates for the Geisert Augmentation Plan. 2. Approve the agreement. Doing so, allows the County to meet all of the Water Court mandated dates for the Geisert Augmentation Plan Recommendation: Approve the agreement. Even with the hiring of a full time in-house water rights engineer, Public Works has enough budget to cover the cost of the Agreement. Barb Kirkmeyer, Chair Mike Freeman Sean P. Conway Julie Cozad Steve Moreno Approve Recommendation rAE Schedule Work Session Other/Comments: AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & WHITE SANDS WATER ENGINEERS, INC Water Suaaly Planning and Water Rights Services THIS AGREEMENT is made and entered into tin of .`j , 2015, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and White Sands Water Engineers, Inc., a corporation, whose address is 110 N. Rubey Drive, Suite 202, Golden, CO 80403, hereinafter referred to as "Contract Professional". WHEREAS, County has a need for professional services related to water supply planning and water rights projects and tasks, and; WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional 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 Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of the scope of work for professional services that are initially approved under this agreement. The scope of work contains all of the specifications for the projects and tasks. Exhibit B consists of Contract Professional's Rate Schedule. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on the attached Exhibit A. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A 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 execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibit A. 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. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional and Contract Professional shall notify County if they wish to renew this Contract and if so, whether specific terms, conditions or other contract requirements must first be renegotiated. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement by either party. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional 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 Contract Professional 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, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional 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 incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional 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 Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional 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, Contract Professional'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 Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Contract Amount/Compensation. The contract amount for the services identified in Exhibit A is $42,570. Invoices will be submitted monthly by the Contract Professional to County and will reflect actual amounts of time and expenses incurred during the prior 30 day period. County will make remit payment to Contract Professional within 30 days of invoice receipt. Contract Professional acknowledges no payment in excess of the contract amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit A. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 Contract Professional 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, Contract Professional 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 Contract Professional hereunder and Contract Professional 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. Mileage may be reimbursed if the provisions of Exhibit A permit such payment at the rate set forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in Exhibit B of this Agreement. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred. 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 Contract Professional 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 Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County). 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of the projects 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 subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, 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 Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional 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 Contract Professional 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. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential fmancial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the fmancial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional 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 unless required by law of court order to be disclosed. Contract Professional 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. Representations. Contract Professional represents that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional 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 Contract Professional 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 Contract Professional, and County's action or inaction when any such breach or default shall exist 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 services 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 and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies be canceled before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation unless due to non- payment of premiums for which notice shall be sent ten (10) days prior." If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self - insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 Contract Professional 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. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional 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 Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies not meeting the standard of care. INDEMNITY: The Contract Professional shall indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional 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, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. In consideration of the award of this contract, the Contract Professional 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 Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional 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. Contract Professional 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, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $1,000,000 $2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability and excess/umbrella liability Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional 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 Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any 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. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. 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. 17. 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. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance 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 by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: White Sands Water Engineers, Inc. Attn.: Ed Armbruster, President Address: 110 N. Rubey Drive, Suite 202 Address: Golden, CO 80403 E-mail: ed.armbruster@whitesandswater.com Facsimile: 970-495-7576 County: Name: Clay Kimmi Position: Senior Engineer Address: PO Box 758 Address: Greeley, CO 80632 E-mail: ckimmi@weldgov.com Facsimile: 970-304-6497 18. Compliance with Law. Contract Professional 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. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. 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. 21. 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. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. 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. 24. Governmental Immunity. No term or condition of this contract 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. 25. 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. 26. 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. 27. 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, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional 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 Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional 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. Contract Professional 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 Contract Professional 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, Contract Professional 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 Contract Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a Name: Ed Armbruster, P.E. Title: President 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. 29. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, 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. 30. 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 Contract Professional 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 A and B, 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of ,2015. CONTRACT PROFESSIONAL: Date July 14th, 2015 WELD C ATTEST: Weld Co BY: lerk to the Boar Deputy Cler to the B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Pro—TemijuL 2 AP ED AS TO F Ida "` _q ,1 APPROVED AS TO CE: Controller El al or Dep ent Head APPROVED AS TO FORM: r ed4~4-• County Attorney - N07 PcPRA eC L — Director of General Services EXHIBIT A: SCOPE OF WORK White Sands Water Engineers, Inc. (White Sands) proposes to provide the following services: 1. Project: Geisert Pit Water Court Case No. 12CW304 White Sands will provide support to for the Geisert Pit Water Court Case including the following tasks: a) Review previous engineering reports, SWSP requests, and objector comments concerning Case No. 12CW304 and as necessary, develop additional responses to issues not yet addressed or issues not consistent with the latest draft decree; b) Update all tables and figures within engineering report as necessary and prepare decree exhibits as requested by the water attorney; c) Assist water attorney with review of proposed decree; d) Conduct the first expert's meeting by July 20, 2015; e) Conduct negotiations with objectors following the expert's meeting; f) Provide a supplemental report as necessary to opine concerning all engineering aspects to the case and to address objector's comments by August 3, 2015; g) Review objector's engineering disclosure reports; h) Conduct the second expert's meeting by October 26, 2015; i) Prepare rebuttal disclosure report by November 2, 2015 j) Prepare joint statement by experts concerning remaining disputed issues by November 16, 2015; k) Review and assist the water attorney with settlement proposals and negotiations; 1) As needed - other professional services as required to deal with unanticipated issues related to the case; m) This scope of services does not include preparation for or providing expert testimony at trial or deposition; n) The County shall be supplied with electronic copies of all files generated as a result of this task; o) The estimated costs to complete this task are based on the rates provided in Exhibit B and are listed below: i. Not to exceed 60 hours for a Principal Engineer ii. Not to exceed 62 hours for a Project Manager iii. Not to exceed 78 hours for a Project Engineer iv. Not to exceed 24 hours for a Staff Engineer v. Total expenditure for this task shall not exceed $32,610. 2. Project: County Personnel Water Rights Training White Sands will provide training and support to the County's in-house water engineer regarding accounting issues, SWSP renewals, general water rights questions, etc. a) This task will be as determined to be needed by County. b) The estimated costs to complete this task are based on the rates provided in Exhibit B and are listed below: i. Not to exceed 8 hours for a Principal Engineer ii. Not to exceed 12 hours for a Project Manager iii. Not to exceed 40 hours for a Project Engineer iv. Not to exceed 24 hours for a Staff Engineer v. Total expenditure for this task shall not exceed $ 9,960. 3. White Sands will not charge for equipment, supplies, and general expenses unless those expenses are included as approved expenses on Exhibit B or are previously approved in writing by the County. EXHIBIT B: SCHEDULE OF HOURLY RATES Labor Category, Hourly Rate* Principal Engineer $180 to $200 Senior Project Manager $180 to $200 Project Manager $140 to $180 Project Engineer $110 to $180 Staff Engineer $75 to $110 Administrative Staff $50 to $75 * Hourly Rates may be adjusted each calendar year Hello