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Home My WebLink About20210189.tiffConi-va21�05�� MEMORANDUM TO: Esther Gesick, CTB DATE: December 27, 2022 FROM: Clay Kimmi, P.E., Public Works SUBJECT: On -call Environmental Services Contract Renewal for Tiglas Ecological Services. Please place the attached contract renewal on the BOCC consent agenda for an upcoming 9 am hearing. The contract renewal is for the On -call Environmental Services Contract that was awarded to Tiglas Ecological Services by the BOCC on February 9, 2021. The original contract id is 4466 and the original document number is 2021-0189. The contract id for the renewal is 6584. The Board previously approved the contract to be placed on the agenda via a pass around that was returned on December 21, 2022. The contract is for an amount not to exceed $105,000. The contract amount is also included in the 2023 Public Works budget. I will plan on attending the meeting to answer any questions. Come.r411) of /oq 23 so - 66: /79/,23 Zo21- 0039 €(10019 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Renewal of Environmental Services Contract DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi / Don Dunker DATE: 12/15/22 Brief description of the problem/issue: In 2021 Weld County entered into a one (1) year professional services agreement (Original Contract) with Tiglas Ecological Services (TES) to provide on -call environmental support services for Public Works projects. The Original Contract indicates that at the option of Weld County, it may be extended for up to two (2) additional years. The original contract was renewed for the first time on December 22, 2022 and is set to expire on February 23, 2023. TES has provided professional and timely environmental support services for Public Works projects under the Contract and did not exceed the $105,000.00 contract amount. TES has provided an updated Exhibit A showing the 2023 hourly rates and mileage. The TES hourly rates are within the 6.9% cost adjustments from the Denver, Aurora, and Lakewood Consumer Price Index for November 2022. Public Works staff recommends renewal of the Original Contract beginning February 24, 2023 and ending February 23, 2024. Public Works has $105,000 in the 2023 budget for this work. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve the renewal of the Original Contract and allow it to be placed on the next available consent agenda • Ask for a work session and additional information. Recommendation: Staff recommends approving renewal of the Original Contract and placing it on the next available consent agenda for approval. Perry Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND TIGLAS ECOLOGICAL SERVICES This Agreement Extension/Renewal ("Renewal"), made and entered into day ofJOAL 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 Tiglas Ecological Services, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as Document No. 2021-0189, Contract ID No. 4466, approved on February 24, 2021. WHEREAS the parties agreed to extend the term of the Original Agreement in accordance with the terms of the Original Agreement and entered into the first of two possible renewals of the Original Agreement identified by the Weld County Clerk to the Board of County Commissioners as document No. 2021-0189, Contract ID No. 5476, approved on December 22, 2021. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for the second and final renewal of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement will end on February 23, 2023. The parties agree to extend the Original Agreement for a one (1) -year period, which will begin February 24. 2023 and will end on February 23, 2024. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Exhibit A has been updated to reflect the 2023 hourly rates and mileage. 2. There are no changes being made to the Contract Documents. 3. The total anticipated cost for the period from February 24, 2023 to February 23, 2024 is $105,000. 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: Tiglas Ecological Services .Dcuicc1 :1-71 lasiacsc't.e4 Printed Name Signature a 6L BOARD OF COUNTY COMMISSIONERS WELD COSI,NTY, COLORADO Mike Freerpan, Chair w L :9 0 9 2023 ATTEST. Weld P20 0-< -O ig? Contract Form Entity Information Entity Name. TIGLAS, DARCY New Contract Request Entity ID* 600007537 Contract Name. Contract ID ❑ New Entity? Parent Contract ID 2023 RENWEAL FOR ENVIRONMENTAL SERVICES CONTRACT 6584 202101 89 Contract Status CTB REVIEW Contract Lead. CKIMMI Requires Board Approval YES Contract Lead Email Department Project # CKirtimi,gco.weld.co.us Contract Description " 2ND AND FINAL RENEWAL FOR THE ON -CALL ENVIRONMENTAL SERVICE CONTRACT Contract Description 2 Contract Type. RENEWAL Amount. 6105,000.00 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorks Yweldgov.com Department Head Email CM-PublicWorks- DeptHead6weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY, NELDG OV.COM If this is a renewal enter previous Contract ID 4466 If this is part of a MSA enter NSA Contract ID Requested BOCC Agenda Date. 12:28/2022 Due Date 12?24/2022 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. 12i162022 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date. 02123/2024 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CHERYL PATTELLI MATTHEW CONROY' DH Approved Date Finance Approved Date Legal Counsel Approved Date 12?30,2022 01;03,2023 01,04'2023 Final Approval BOCC Approved Tyler Ref # AG 010923 BOCC Signed Date BOCC Agenda Date 01,09;2023 Originator CKIMMI Corrlvac+ 11X1-se-l-kc MEMORANDUM TO: Esther Gesick, CTB DATE: December 16, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: On -call Environmental Services Contract Renewal for Tiglas Ecological Services. Please place the attached contract renewal on the BOCC consent agenda for an upcoming 9 am hearing. The contract renewal is for the On -call Environmental Services Contract that was awarded to Tiglas Ecological Services by the BOCC on February 9, 2021. The original contract id is 4466 . The contract id for the renewal is 5476. The Board previously approved the contract to be placed on the agenda via a pass around that was returned on December 15, 2021. The contract is for an amount not to exceed $105,000. The contract amount is also included in the 2022 Public Works budget. I will plan on attending the meeting to answer any questions. ConSen - IZ/Z2/ZI Cam A 1 'tea /02,/02,2/02-/ zoz1-o i 39 eel 00-79 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Renewal of Environmental Services Contract DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi / Don Dunker DATE: 12/09/21 Brief description of the problem/Issue: In 2021 Weld County entered into a one (I) year professional services agreement (Original Contract) with Tiglas Ecological Services (TES) to provide on -call environmental support services for Public Works projects. The Original Contract indicates that at the option of Weld County, it may be extended for up to two (2) additional years. The Contract will expire on February 23, 2022. TES has provided professional and timely environmental support services for Public Works projects under the Contract and did not exceed the $105,000.00 contract amount. TES has also agreed to provide the same hourly service rates with this contract renewal as in the previous contract. Public Works staff recommends renewal of the Original Contract beginning February 24, 2022 and ending February 23, 2023. Public Works has $105,000 in the 2022 budget for this work. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve the renewal of the Original Contract and allow it to be placed on the next available consent agenda • Deny the renewal of the Original Contract and have staff rebid this work Recommendation: Staff recommends approving renewal of the Original Contract and placing it on the next available consent agenda for approval. Approve Recommendation Perry Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments; CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND TIGLAS ECOLOGICAL SERVICES fi This Agreement Extension/Renewal ("Renewal"), made and entered into 27 1 dd ay of 1)2C,e, the.V , 202 1, 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 Tiglas Ecological Services, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2021-0189, Contract ID No. 4466, approved on February 24, 2021 WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on February 23, 2022. • The parties agree to extend the Original Agreement for a one (1) -year period, which will begin February 24, 2022 and will end on February 23, 2023. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Tiglas Ecological Services has agreed to provide the same hourly service rates for the Renewal as in the Original Agreement. 2. There are no changes being made to the Contract Documents. 3. The total anticipated cost for the period from February 24, 2022 to February 23, 2023 is $105,000. • 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: Tiglas Ecological Services ins, 1[11 f log t z Se v rc --0,1$21a!, ignature BOARD OF COUNTY COMMISSIONERS WELD BOUNTY, COLORADO Steve Moreno, C ATTEST: Weld Co BY: ≥ 2021 '( A►_I_di Deputy Cle l to the : •ard 20o / -- o /8? DARCY A. TIGLAS 5015 Swainsona Drive Loveland, Colorado 80537 970-635-9183 (H) 970-222-2151 (C) December 8, 2021 Mr. Clay Kimmi, P.E. Weld County P.O. Box 758 Greeley, Colorado 80632 RE: Weld County On -Call Environmental Services Contract Rate Sheet for 2022 Dear Mr. Kimmi: Below please find the 2022 rates for the Tiglas Ecological Services team in support of the Weld County On - Call Environmental Services Contract. Hourly Rates: Darcy Tiglas, Biologist $60.00/hour John Hoffecker, Cultural and Historic Resources $75.00/hour Mileage (in excess of normal project travel) $0.56/mile The above rates include vehicle, computer, and phone expenses that are incurred with will be fixed cost for individual projects with total task costs presented. If you have any questions, or require additional information, please feel free to call 970-222-2151. Sincerely, akel Occita4- Darcy A. Tiglas, Biologist Tiglas Ecological Services each project. Proposals me at 970-635-9183 or Contract Form New Contract Request Entity Information Entity Name* TIGLAS, DARCY Entity ID* 800O07537 Contract Name* 20220 CONTRACT RENEWAL FOR ON -CALL ENVIRONMENTAL SERVICES Contract Status CTB REVIEW Contract ID 5476 Contract Lead* CKIMMI Parent Contract ID 4465 Requires Board Approval YES Contract Lead Email Department Project CKimmicgco.weld.co.us Contract Description* CONTRACT RENEWAL WITH TIGLAS ENVIRONMENTAL SERVICES FOR THE ON -CALL ENVIRONMENTAL SERVICES. Contract Description 2 THE ON -CALL ENVIRONMENTAL SERVICES TASKS INCLUDE CLEARING PUBLIC WORKS PROJECTS FOR ENVIRONMENTAL ITEMS SUCH AS WETLANDS, THREATENED AND ENDANGERED SPECIES, BIRDS OF PREY, AND HISTORICAL. Contract Type RENEWAL Amount* 5105,000.00 Renewable YES Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS n CM- PublicWorks@weldgov,com Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney BO8 CHOATE County Attorney Email BCHOATE@CO. WELD.CO. US If this is a renewal enter previous Contrast ID 4466 Requested BOCC nda Due Date Date* 12,`23;2021 12/27/2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO If this is part of a MSA enter MSA Contract ID Note; the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date 12;16,2021 Renewal Date * 12,131:2022 Termination Notice Period Expiration Date Contact Information Contact Info Concert Name Contact Type Purchasing Purchasing Approver CONSENT Approva Department Head JAY MCDONALD DH Approved Date 12/17/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12/22?2021 Originator CKIMMI Finance Approver CONSENT Contact Phone I Contact Phone 2 Purchasing Approved Date 12,1 7,`2021 Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 12117;2021 12,"17,2021 Tyler Ref #E AG 122221 Con+ract "MO #9L1CoCo MEMORANDUM TO: Esther Gesick, CTB DATE: February 18, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: On -call Environmental Services Contract for Tiglas Ecological Services. Please place the attached contract on the BOCC agenda for an upcoming 9 am hearing. The contract is for the On -call Environmental Services Contract that was awarded to Tiglas Ecological Services by the BOCC on February 9, 2021. The contract id is 4466 . The Board previously approved the contract to be placed on the agenda via a pass around that was returned on February 17, 2021. The contract is for an amount not to exceed $105,000. The contract amount is also included in the 2021 Public Works budget. I will plan on attending the meeting to answer any questions. CC: Page 1 of 1 0_ffiAse,n+ oar / 0001-O' E&OO1 aa,/o24/a1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: On -call Environmental Services Contract DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi / Don Dunker DATE: 02/16/2021 Brief description of the problem/issue: Public Works has conducted a Quality Based Selection (QBS) process to select a consultant to perform on -call environmental services for Public Works projects. A team comprised of Don Dunker, Cameron Parrott, Hayley Baizano, Rob Turf, and Clay Kimmi reviewed and scored thirteen (13) proposals. After the 13 proposals were reviewed, the review team ranked the firms using criteria specified in Chapter 5 of the Weld County Code (Code). Following the ranking of the firms, the top three (3) firms were invited to an interview. Interviews were conducted on February 4, 2021. The interviews were scored in accordance with the process outlined in the Code. The interviews were ranked and then the interview scores were added to the proposal scores. The firm with the lowest combined score is considered to be the most qualified firm. The first ranked proposal was submitted by Tiglas Ecological Services (Tiglas). The QBS process was chosen because it allows for reimbursement of the environmental services on CDOT funded projects. The QBS process does not account for cost during the selection phase. Cost is negotiated after the project award but prior to signing the contract. The hourly rates provided by Tiglas were deemed to be reasonable since they are consistent with rates provided by Tiglas under the 2020 Environmental Services Contract Renewal. Weld County has used the services provided by Tiglas off and on for almost 30 years. Public Works is happy with the services provided by Tiglas. It is our recommendation to award the on -call Environmental Services contract to Tiglas Ecological Services. Public Works has budgeted $105,000.00 for the on -call Environmental Services contract in 2021. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve the Contract and allow it to be placed on the next available consent agenda • Deny the Contract and have staff rebid this contract. Recommendation: Staff recommends approving renewal of the Original Contract and placing it on the next available consent agenda for approval. Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Seine Approve Recommendation Schedule Work Session Other/Comments: AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND TIGLAS ECOLOGICAL SERVICES FOR ON -CALL ENVIRONMENTAL SERVICES +h THIS AGREEMENT is made and entered into this . day of F .bnuar it 2021, 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 Tiglas Ecological Services, an individual, who whose address is 5015 Swainsona Drive, Loveland, CO 80537 hereinafter referred to as "Contract Professional". 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 County's Request for Proposal (RFP) as set forth in B2100041. The RFP contains all the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 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 project 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 attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by 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 Exhibits A and B 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 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 ozooa/-Oal anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 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. 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 there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. If 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. 2 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $105,000.00, which is the cost set forth in Exhibit B. Contract Professional acknowledges no payment in excess of that 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 cost amount set forth in Exhibit B. 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. Mileage may be reimbursed if the provisions of Exhibit B permit such payment at the rate set forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in 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 about workers' compensation and unemployment compensation insurance 3 matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and 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 reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project 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. 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. Use or reuse of Contract Professional's work for any purpose other than intended by this Agreement shall be at County's sole risk and without legal liability or exposure to Contract Professional. 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., about 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. 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. Warranty. Contract Professional warrants 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 and warrants 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 4 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 always keep the required insurance coverage in force 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 by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction 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 coverages 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 enough 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. INDEMNITY: The Contract Professional shall defend, 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 5 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. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the 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 always maintain 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 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. 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, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name Weld County, Colorado, its elected officials, and its employees as an additional insured parties. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. 6 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 coverages 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, 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: Tiglas Ecological Services Attn.: Darcy Tiglas Address: 5015 Swainsona Drive Address: Loveland, CO 80537 E-mail: tiglasd@aol.com Phone: 970-635-9183 (O) or 970-222-2151 (C) 7 County: Name: Clay Kimmi, P.E. Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmiRweldoov.com Phone: 970-400-3741 Don Dunker, P.E. County Engineer 1111 H Street Greeley, CO 80632 ddunkerc weldgov.com 970-400-3749 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 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. 8 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. 9 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. Compliance with Davis -Bacon Wage Rates. N/A 30. Attorney 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. 31. 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 I , ESS WHEREOF, the parties hereto have signed this Agreement this —day of 2021. CONTRACT PROFESSIONAL: i j las olo f [cal Sewsces By: &Qcit e (064/ Name: )aliC j A- T 1(1 Title: 0 (JL Date: `'At, 12-1 WELD COU ATTES W•tok BOARD OF COUNTY COMMISSIONERS Wel • . nt Clerk to the c oard WELD COUNTY, COLORADO Deputy C ,•'rk to he B� ,�€ �� ve Moreno, Chair FEB 2 4 2021 WELD NTY T E F Li E K UEST FOR PROPOSi*;LS``` s, h: 1 ON —BALL ENVIRONMENTAL SERVICES (with options for renewal in 2022/2023) F,wn,.r sft. r t il,W..S.aS k DECEMBER 16, 2020 WELD DEPARTMENT 1111 GREELE ( ) EET 41 3 Request for Proposals #B2100041 Weld County, Colorado 1150 O Street Greeley, CO 80631 FRONL..:01J47.17:Agliag..t.V.ICES7J �?O 7o DUE TO THE CO ONAVRUS PANDE RC PROPOSAL MEET MAL IrRik MANDATORY RY PRE- - - - v, N U L SF Hap VDA A REMOTE CONFERENCE NFERENCE CALL. THE N RIMFORMATROINI t` BE POJEIE ON OR ABOUT DEC E BI _ ER 21 9 _ 1 To B Thrkfiliff:T REC IAA AN A r aJ E N f� l I. Purpose Weld County is soliciting proposals for environmental services to supplement Weld County's needs for the year 2021. These services typically consist of projects of various sizes at several locations which will require site visits, investigations, documentation, and environmental clearances. Upcoming projects will likely include road, bridge, drainage, and gravel pit improvement projects. Weld County projects with CDOT funding will require coordination with CDOT environmental staff. Consultant services will be requested by the County on an as -needed basis by issuing individual Internal Accounting forms (lAs) (aka "work order"). Basic project information prepared by the County will be provided to the Consultant so a detailed project scope of work and cost estimate can be prepared. The detailed project scope of work will then be used to develop the IA which will be signed by the Consultant and Weld County Public Works. This is an on -call professional services agreement. There is no guarantee that the County will need or utilize the services of the Consultant in any given year. There is no retainer paid by the County. The Consultant understands and agrees that there are no guarantees of specific tasks or quantities of services associated with the professional services agreement. The Consultant may or may not perform the environmental services as circumstances require. Furthermore, the County is in no way obligated to utilize the Consultant in environmental services situation encountered. The professional services agreement shall commence on the date the Agreement is signed by the Board of County Commissioners and shall continue in full force until December 31, 2021. At the option of the County, the agreement may be extended for up to two additional one-year periods beginning on January 1 and ending on December 31. If the agreement is renewed, the Consultant will have the opportunity to revise the contract fee schedule in accordance with the "U.S. Bureau of Labor Statistics Consumer Price Index for Denver, Aurora, Lakewood, All Items, All Urban Consumers" or its successor index. This agreement may be used at the option of other Weld County Departments. The Qualifications Based Selection (QBS) process outlined in Chapter 5, Section 5-4-150(B) of the County Code will be utilized to select the Consultant. Consultant proposals in response to this RFP shall not include cost information. The contract fee will be negotiated with the selected Consultant prior to the contract being awarded. 2 The selection committee will include representatives from Weld County Public Works and Weld County Purchasing. Weld County in its sole discretion, may decide to select up to three consultants for interviews. II. Scope of Services Senate Bill -40 (SB-40) Coordination Task SB-40 coordination is to be conducted on projects receiving funding from CDOT. SB-40 requires any agency of the State to obtain wildlife certification from the Colorado Division of Wildlife (DOW). Specific work items associate with this task will include but are not limited to: • Application for SB40 Wildlife Certification; and • Coordination with DOW to obtain SB40 Wildlife Certification. Wetland Delineation Task Wetland delineation is to be conducted at the sites near rivers, streams or other waterways. Specific work items associated with this task will include but are not limited to: • Ground reconnaissance of the project area; • Determination and quantification of wetlands present using accepted methods; • Photographs of wetlands communities present; • Prepare a report of the results of the wetland delineation; • Submit reports to Weld County and the U.S. Army Corps of Engineers (COE); and • Forward COE correspondence and letter of findings to Weld County. If the COE requires wetland mitigation measures to be implemented into the project scope of work, the consultant may be asked to assist with coordinating this responsibility. Noxious Weed Investigation Task An assessment for noxious weeds is to be conducted at the project sites. Specific work items will include but are not limited to: • Ground reconnaissance of the project area; • Evaluation and quantification of the noxious weeds within the project area; and • Prepare a report with the results of the noxious weed investigation. Preble's Meadow Jumping Mouse Task Habitat assessment and presence of the Preble's Meadow Jumping Mouse is to be conducted at the sites. Specific work items associated with this task will include but are not limited to: • Ground reconnaissance of the project area; • Evaluation and quantification of habitat using accepted methods; • Evaluation of site connectivity with other habitats or documented presences; • Evaluation of project impacts to any identified habitat areas; • Submit reports to Weld County and U.S. Fish and Wildlife Service (FWS); • Determine the fatality rate of the mouse due to construction; and • Forward FWS correspondence and letter of findings to Weld County. If the FWS requires a mouse trapping effort or habitat mitigation measures to be implemented into the project scope of work, the consultant may be asked to assist with coordinating this responsibility. Ute Ladies' -Tresses Orchid Task Habitat assessment for the orchid is to be conducted at the sites. Specific work items associated with this task will include but are not limited to: • Ground reconnaissance of the project area; 3 • Conduct habitat survey for the orchid and record any presences; • Submit reports to Weld County and U.S. Fish and Wildlife Service (FWS); and • Forward FWS correspondence and letter of findings to Weld County. If the presence of the Ute Ladies' -Tresses Orchid occurs at the project site, the consultant may be asked to assist with negotiations and meetings with the FWS to determine project requirements. Other Threatened and Endangered Species Task Habitat assessment for the threatened and endangered species of concern is to be conducted at the sites. Specific work items associated with this task will include but are not limited to: • Ground reconnaissance of the project area; • Evaluation and quantification of habitat using accepted methods; • Evaluation of site connectivity with other habitats or documented presences; • Evaluation of project impacts to any identified habitat areas; • Submit reports to Weld County and U.S. Fish and Wildlife Service (FWS); and • Forward FWS correspondence and letter of findings to Weld County. If the FWS requires mitigation measures to be implemented into the project scope of work, the consultant may be asked to assist with coordinating this responsibility. 404 Wetlands Permit Task If any wetlands within the project area are shown to exist, as determined during the wetlands delineation task, the consultant shall assist the County with obtainment of a 404 Wetland Permit from the COE. Specific work items associated with this task will include but are not limited to: • Coordinate with the COE for a determination of nationwide or individual permit; • Obtain the appropriate permit for the project based upon the final design; • Consult with Weld County regarding their responsibilities regarding the permit; • Submit reports to Weld County and the U.S. Army Corps of Engineers (COE); • Forward COE correspondence and letter of findings to Weld County; • Coordinate final COE acceptance of 404 wetlands permit; • Perform monitoring and wetland maintenance as required; and • Prepare the annual mitigation report (if applicable). If the COE requires an individual permit and/or wetland mitigation measures to be implemented into the project scope of work, the consultant may be asked to assist with coordinating this responsibility. Cultural Resources/Historic Survey Task Specific work items associated with this task will include but are not limited to: • File Search on Compass which covers all structures, bridges and canals; • Inventory and evaluation of the roadways and the project areas of impact; • The preparation and submittal of a Cultural Resources/Historic Survey report; • Forward correspondence and findings to Weld County; and • Obtain approval from the State Historic Preservation Office (SHPO) as necessary. Birds of Prey/Migratory Birds Survey Task Specific work items associated with this task will include but are not limited to: • Survey and Report due to any suitable nesting habitat in the vicinity of the project; and • Coordinate as necessary with FWS to obtain clearances. 4 Coordination with CDOT Environmental Staff Task Specific work items associated with this task will include but are not limited to: ® Consultation with Colorado Department of Transportation and completion of Categorical Exclusion Checklist, CDOT Form 128. Weld County staff shall be responsible for obtaining any landowner right -to -enter permissions and for any land surveying which may be required for the consultant to conduct the work described above. III. Anticipated Project S RFP Advertisement hedule Pre -proposal Meeting (mandatory) Deadline for Questions Proposals Due at Purchasing Interviews Conducted (As Needed) Contract Awarded (Anticipated Date) December 16, 2020 January 4, 2021 (10:00 A.M.) January 11, 2021 (7:00 A.M.) January 13, 2021 (10:00 A.M.) January 25 to January 29, 2021 February 3, 2021 IV. Instructions to Consultants Submittal Requirements — Qualified consultants interested in performing the work described in this RFP shall submit the following information to the County in any order they choose. Cover Letter stating the name, address, and telephone number of the proposing firm. The letter shall be signed by a person having the authority to make the proposal for the proposing firm and binding the firm in a formal agreement with the County. (Note, the cover letter will not be counted in the page count). Capabilities and qualifications of the Consultant and staff proposed to perform the work on this project. A list of similar contracts which the Consultant has participated in over the last five years. A list of critical issues that the Consultant considers to be of importance for the contract. References from at least three other projects with similar requirements that have involved the staff proposed to work on this project. The County may choose to contact the project owner. A statement of the Consultant's willingness to enter into the Weld County Standard Contract Agreement which has been included as Part 3 of the RFP. Failure to include a statement of willingness will result in the Proposal being deemed unresponsive. Unresponsive Proposals will not be reviewed or scored. • Limit the total length of your proposal to a maximum of 15 pages. The County will reject proposals received that are longer than 15 pages in length. The front and back cover do not count as pages and neither do the section dividers unless the dividers have photos or text on them, then they will be included in the page count. V. Proposal Submittal Requirements 1. Due to the Coronavirus Pandemic, all proposals shall be submitted electronically by email or through BidNet Direct. No hardcopies of the proposal will be accepted. a. Proposals smaller than 25 MB shall be submitted by email to bidsc2weldgov.com. b. ProNp=•sals lamer than 25 M shall be submitted through BidNet at https://bidnetdirect.com. 2. All proposals are required t. be in a PDF format 3. All proposals must be received by 10:00 a.m. (Purchasing Clock) on the due date. 4. The signed Receipt of Addenda shall be included with the proposal. The Receipt of Addenda will not be counted in the page limit for the proposal. 5 Weld County reserves the right to reject any and/or all proposals, to further negotiate with the successful consultant and to waive informalities and minor irregularities in proposals received, and to accept any portion of the proposal if deemed to be in the best interest of Weld County to do so. The total cost of preparation and submission shall be borne by the consultant. All information submitted in response to this request for proposal is public after the Notice of Award has been issued. The Consultant should not include as part of the proposal any information which they believe to be a trade secret or other privileged or confidential data. If the Consultant wishes to include such material, then the material should be supplied under separate cover and identified as confidential. Entire proposals marked confidential will not be honored. Weld County will endeavor to keep that information confidential, separate and apart from the proposal subject to the provisions of the Colorado Open Records Act or order of court. Questions related to the submittal requirements and procedures should be directed to: Clay Kimmi, P.E. — Senior Engineer 970-400-3741, ckimmico.weld.co.us PART 2 — SELECTION PROCESS I. Selection Criteria and Method The Weld County Purchasing Professional Services Selection process describes the consultant selection criteria and method. This document is available for review in the Weld County Code, Revenue and Finance, Chapter 5, online at www.co.weld.co.us. A selection committee shall include Weld County Public Works and Purchasing Department representatives. Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Some CDOT funded projects may require a goal for the use of a underutilized disadvantaged business enterprise (UDBE). The UDBE goal is generally 1 to 5% of the contract amount. In the proposal, please describe how the UDBE goal would be satisfied if it is required. RFP Review Scoring: Scope of Proposal Critical Issues • The proposal clearly shows an understanding of the project objectives. • The proposed methodology meets the final results desired by the County. • The proposal demonstrates the team clearly understands the major issues associated with the project • The proposal offers realistic solutions to the critical issues. 1 to 5 1 to 5 6.0 7.0 6-30% 7-35% Project Control Work Location/Familiarity UDBE GOAL • The team has described how it will control its design costs. • The proposal describes how sub -consultant's costs will be controlled. • The team has demonstrated its ability to ensure that State and Federal procedures are used where appropriate. • The team has described a QA/QC process in place to manage the quality of the product. • The team's location does not affect the coordination of the project with the County. • The team is familiar with Weld County policies and design criteria. • The team demonstrated knowledge of Weld County in general. • The team provided documentation showing its ability to meet the UDBE goal for the project. • The UDBE sub -consultants have proven abilities that are consistent with the project goals. 1 to 5 1 to 5 1 to 5 5.0 1.0 1.0 RFP REVIEW SCORE: 5-25% 1-5% 1-5% 20- 100% 7 1ntcrv!ew Review (If Required): Criteri > ':: ., .. /.,. Y(.. a[ 43,,,((++a�H"Y��!��!��!!sysy Y+;"��. TN .,.� (. valuati r Standards w'R((.$,,S�'' -.al e'➢!: F~ .4i�T�l Kc NM$Mib ;IY�g'5j',' �'J�i.�C'A�TyFL�� ,- .af� °J. t+.T� ti� TAi Ya`� S� ..,. ' '_ < ;�_..".. .' ,< ..q. 4aJ: f n.y ., I '. })S // .k�. A p■(�p��.'�p(y� ��I/�p�)/ '��2L''2A Scoring Weighting a /� Jlry�Cj Factors Adjusted �$'�yy[.j p in.{(WJ�..1'G'q�r Scoring "'i' �p(� f�( Evaluation % ,o.'3/x Work Approach ® their The team approach team proposed offered for completing innovative and clearly ideas the described project for the 1 to 5 4.0 4-20% The pr•:ject. Project Qualifications Manager .N track The adequate scope The demonstrated skills. team's record and team's qualifications complexity. project to project effective complete manager manager and communication a projects has proven of this 1 to 5 4.0 4-20% Quality Presentation .i f ® d team's people team's to understand. communications presentation being use interviewed of audio-visual was skills. clear displayed aids and was 1 to 5 4.0 4-20% The easy The effective The effective. Y'. uestions/Answers Session The questions committee. team answers and provided asked the provided a clear goals. by good the understanding by answers selection the team to the of the 1 to 5 8.0 8-40% ® e The demonstrate project INTEL*: ',/ IEW REVIEWER SCORE 20- 100% + INTERVIE`>>;' T`. rtES 40- 100% T•TAL PaPP Each reviewer will rate the proposals based on the rating scale outlined above. After the reviewer has scored each proposal, the individual proposal scores will be totaled. Each revnewer's scores will be ranked by score from highest to lowest. The proposal with the highest score will be ranked first place, second highest score will be ranked second place, and so on until all proposals have been proposals have been ranked. After all reviewer rankings have been determined, each ranking will be totaled for each proposal based on their respective rankings (1st, 2nd, 3rd, etc.) from the reviewers. For each reviewer, rank 1 will get 1 point, rank 2 will get 2 points, and so on. The points will be totaled for each proposal. The proposals will then be ranked by the aggregate score. In the event the County, in its sole discretion, determines interviews are necessary, the County may invite up to the top three ranked proposals for an interview. The reviewers will score the interview responses and rank them according to the process outlined above. The rankings from the RFPs and the interviews will be added together to get a total aggregate score. After all proposals have been scored and ranked, the first ranked proposal will be recommended for award to the Board of County Commissioners (BOCC). The BOCC retains the authority to award the contract to whichever proposers they choose regardless of the recommendation. The contract fee will be negotiated with the selected Consultant prior to the contract being awarded. 8 PART 3 - PROFESSIONAL SERVICES AGREEMENT (EXAMPLE) AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND CONSULTANT FOR ON -CALL ENVIRONMENTAL SERVICES THIS AGREEMENT is made and entered into this day of , 2021, by and between the County of Weld, body corporate and po Vic .f the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 `50 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , hereinafter referred to as "Contract Professional" WHEE/:S, County desires to retain Contract Protessional as an independent Contract Pr•fessional to perform services as more particularly set forth below; and V Er EAS, Contract Professional has the ability, qualifications, and time available to ti perform he services, and is willing to perform the services according to the terms of Agreement. m e ly his WHEREAS, Contract Professional is authorized to d. business in the State of Colrado 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 Professi•nal's willingness and ability to meet those requirements. Exhibit A cnsists of County's Requ :st for Proposal (RFP) as set forth in B2100041. The RFP contains all the specific requirements of C•unty. Exhibit B cnsists of Contract Professional's Response to County's Request for Proposal. The Response cnfirms Contract Professional's obligations under this Agreement. o Service or Work Contract Prfessional agrees to procure the materials, equipment and/or products necessary for the project and ag ees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project 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 attached Exhibits A and Contract Professional shall faithfully perform the work in -cc•rdance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals perfrming services of a similar nature to those described in this Agreement. Cntract Professional shall further be responsible for ;Pre timely completion and acknowledges that a failure to comply with The standards and requirements of Exhibits A and B 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 C•rttract Professional's completion of the responsibilities described in Exhibit A. Both parties to This Agreement understand and agree that 9 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 if it wishes to renew this Contract. 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. 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 there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. If 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. 10 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than which is the cost set forth in Exhibit B. Contract Professional acknowledges no payment in excess of that 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 cost amount set forth in Exhibit B. 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. Mileage may be reimbursed if the provisions of Exhibit B permit such payment at the rate set forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in 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 about workers' compensation and unemployment compensation insurance matters: (a) provide and keep 11 in force workers' compensation and unemployment compensation insurance in the amounts required by law and 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 reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project 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 persona: l 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, end to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. 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. Use or reuse of Contract Professional's work for any purpose other than intended by this Agreement shall be at County's sole risk and without legal liability or exposure to Contract Professional. 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., about public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential inf,.-rmation. 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. Contract Professional agrees to advise its employees, agents, and consultants, of the cnfidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contract Professional warrants 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 and warrants 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 12 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 always keep the required insurance coverage in force 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 by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction 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 coverages 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 enough 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. INDEMNITY: The Contract Professional shall defend, 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 13 neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any cl,ims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, •:r decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the 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, ewmployees, 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 always maintain during the term of any Agreerrient, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all 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. Commercli I 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 fi utoobile 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. 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, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name Weld C unty, Colorf do, its elected officials, and its employees as an additional insured parties. 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 14 requirements herein and shall procure and maintain the same coverages 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, 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: Attn.: Address: Address: E-mail: Phone: County: 15 Name: Clay Kimmi, P.E. Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmi@weldgov.com Phone: 970-400-3741 Don Dunker, P.E. County Engineer 1111 H Street Greeley, CO 80632 ddunker(weldgov.com 970-400-3749 18. Compliance with L !w. 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 lInterest/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 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. 16 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 17 the United States pursuant to C.R.Q. § 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 G.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. Compliance with Aiavisacon Wage Rates. N/A 30. Attorney Fees/Le al Cstse 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. 31. 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 ,2021. CONTRACT PROFESSIONAL: By: Date: Name: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Steve Moreno, Chair 18 New Contract Request Entity ❑ New Entity? Entity Name TIGLAS, DARCY Contract Name 2021 ENVIRONMENTAL SERVICES CONTRACT Contract Status CTB REVIEW Connract Description' 2021 ENVIRONMENTAL SERVICES CONTRACT Contract Description 2 Contract Type CONTRACT Amount* $105,000.00 Renewable YES Automatic Renewal NO Grant NO IGA NO tity ID* 10007537 tarttnent PUBLIC WORKS Department Email CM- PublicWorks@weldgay.coln Department Head Email CM-PublicWorks- De ptHeadcweldgoy. com County Attorney 806 CHOATE County Attorney Email RC4-IOA I EPCO.WELELC©.US if this is a renewal enter previous Contract H If this is part of a MSA enter MSA Contract ID Contract ID 4465 Contract L CIOMMi Contract Lead Email CKimrniOco.weld. co.us Requested BOCC Agenda Date* 02/2512O.21 Parent Contract Iii Requires Board Approval YES Department Prof Due Date 02/21,/2©21 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be inducted? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank_ if those contracts are not in ©n&ase Contract Dates Effective Date Review Date 02;1812021 Termination Notice Period Committed Delivery Date Renewal Date* 01/0?2022 Expiration Date Finance Approver CHRIS D'O'I1d3C F Appr 02/18/2021 Contact Information Contact Phone 1 Contact Phone 2 Pur ` : ..gr , , r Purchasing Approved Date Approval Prod DH Appr -_ 02/18/2021 Final Approval 3OCC Appr :• C Signed >ate • C Agenda Date 02/24/2021 Crnginator Legal Counsel BOB CHOATE L >,, Caunse 02/19/2021 "At�� Date: February 5, 2021 MEMORANDUM To: Rob Turf, Purchasing From: Clay Kimmi, Project Manager, Public Works RE: B2100041, On -Call Environmental Services Contract Public Works has conducted a Quality Based Selection (QBS) process to select a consultant to perform on -call environmental services for Public Works projects: A team comprised of Don Dunker, Cameron Parrott, Hayley Balzano, and Clay Kimmi reviewed and scored thirteen (13) proposals. Rob Turf with the Purchasing Department was invited to participate in the process. See attached ranking summary. After the 13 proposals were reviewed, the review team ranked the firms. The top three (3) firms were invited to an interview. Interviews were conducted on February 4, 2021. The interviews were scored in accordance with the process outlined in the Code. The interviews were ranked and then the scored were added to the proposal scores. The firm with the lowest combined score is considered to be the most qualified firm. The first ranked proposal was submitted by Tiglas Ecological Services. The QBS process does not account for cost during the selection phase. Cost is negotiated after the project award but prior to signing the contract. The QBS process was chosen because it allows for reimbursement of the environmental services on CDOT funded projects. Weld County has used the services provided by Tiglas Ecological Services off and on for almost 30 years. Public Works is happy with the services provided by Tiglas Ecological Services. It is our recommendation to award the on -call Environmental Services contract to Tiglas Ecological Services. Public Works has budgeted $105,000.00 for the on -call Environmental Services contract in 2021. Upon the Board's award, Public Works will enter negotiations with them to develop costs for specific tasks associated with the contract. 2oc2/018C7 bg.0017 B2100041 On -Call Environment Services Compbined Ranking Summary Date: 02/04/2021 CONSULTANTS Combined Summary Tiglas Ecological Services Muller. Engineering Company Ulteig Reviewer 1 2 5 8 Committee Members Reviewer 2 2 4 9 Reviewer 3 2 10 6 Reviewer 4 7 Total Scoring S 24 30 1 2 3 Low score is best WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E-mail: cmpeters©weldgov.com E-mail: rturf@weldgov.com E-mail: reverett@weldgov.com Phone: (970) 400-4223, 4216 or 4222 DATE OF BID: JANUARY 13 2021 REQUEST FOR: ON -CALL ENVIRONMENTAL SERVICES DEPARTMENT: PUBLIC WORKS BID NO: #B2100041 PRESENT DATE: JANUARY 18, 2021 APPROVAL DATE: TBD (FEBRUARY 10, 2021) VENDOR TIGLAS ECOLOGICAL SERVICES 5015 SWAINSONA DR LOVE LA N D CO 80537 ECOLOGICAL RESOURCE CONSULTANTS INC 225 UNION BLVD, SUITE 325 LAKEWOOD CO 80228 RPG RESOURCES 600 17TH ST, SUITE 2800 DENVER CO 80202 PINYON ENVIRONMENTAL INC 3222 SOUTH VANCE ST, SUITE 200 LAKEWOOD CO 80227 LOGAN SIMPSON DESIGN INC DBA LOGAN SIMPSON 213 LINDEN ST, SUITE 300 FORT COLLINS CO 80524 MULLER ENGINEERING COMPANY 777 SOUTH WADSWORTH BLVD, SUITE 4-100 LAKEWOOD, CO 80226 ULTEIG ENGINEERS INC 5575 DTC PARKWAY, SUITE 200 GREENWOOD VILLAGE CO 80111 STANLEY CONSULTANTS INC 8000 S CHESTER ST, SUITE 500 CENTENNIAL CO 80112 0 O2-/ O7a bid 9 e 0079 PAGE 2 DATE OF BID: JANUARY 13, 2021 REQUEST FOR: ON -CALL ENVIRONMENTAL SERVICES DEPARTMENT: PUBLIC WORKS BID NO: #B2100041 QUANDRY CONSULTANTS 55 EAST 4TH AVE DENVER CO 80203 WSP USA 5665 FLATIRON PKWY, SUITE 250 BOULDER CO 80301 ERO RESOURCES CORPORATION 1842 CLARKSON ST DENVER, CO 80218 APEX COMPANIES LLC 209 MAIN ST, UNIT A MEAD CO 80542 SMITH ENVIRONMENTAL AND ENGINEERING 250 PERRY LANE DACONO CO 80514 THE DEPARTMENT OF PUBLIC WORKS IS REVIEWING THE BIDS. Isabella Juanicorena From: Sent: To: Cc: Subject: Isabella, Please adc Christie Peters Friday, February 5, 2021 4:07 PM Isabella Juanicorena; CTB Rob Turf; Rose Everett; Clayton Kimmi Item for 02/10 Agenda the following item to the agenc B2100041 /OnlCall Environmental Services a for Wecneso a y: This item was oresentec to the Boarc on 01/18/21. At that time the approval cafe was TBD. Now, they have selectec a vencor anc wou c like this oic to oe awarcec on 02/10. Once I have an updated cooroval letter, I will senc it to you. Thank you! Chrigte,, Buyer- Purchasing Deoartment 11.50 O Street Greeley, CO 80631 P h : (970)400-4223 o_m..petors� weld _ ov.c.o_rn Conficentiality Notice: This electronic transmission anc any attachec documents or other writincs are intencec only for the person or entity to which it is accressec anc may contain information that is privilecec, conficential or otherwise protected from cisclosure. If you have received this communication in error, please immeciate y notify sencer by return e-mail anc cestroy the communication. Any cisclosure, cooyinc, cistrioution or the takinc of any action concerninc the contents of this communication or ony attachments oy anyone other than the namec recipient is strictly orohioitec. 1 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E-mail: cmpeters(a�weldgov.com E-mail: rturf(c weldgov.com E-mail: reverett(c�weldgov.com Phone: (970) 400-4223, 4216 or 4222 DATE OF BID: JANUARY 13, 2021 REQUEST FOR: ON -CALL ENVIRONMENTAL SERVICES DEPARTMENT: PUBLIC WORKS BID NO: #B2100041 PRESENT DATE: JANUARY 18, 2021 APPROVAL DATE: TBD VENDOR TIGLAS ECOLOGICAL SERVICES 5015 SWAINSONA DR LOVELAND CO 80537 ECOLOGICAL RESOURCE CONSULTANTS INC 225 UNION BLVD, SUITE 325 LAKEWOOD CO 80228 RPG RESOURCES 600 17TH ST, SUITE 2800 DENVER CO 80202 PINYON ENVIRONMENTAL INC 3222 SOUTH VANCE ST, SUITE 200 LAKEWOOD CO 80227 LOGAN SIMPSON DESIGN INC DBA LOGAN SIMPSON 213 LINDEN ST, SUITE 300 FORT COLLINS CO 80524 MULLER ENGINEERING COMPANY 777 SOUTH WADSWORTH BLVD, SUITE 4-100 LAKEWOOD, CO 80226 ULTEIG ENGINEERS INC 5575 DTC PARKWAY, SUITE 200 GREENWOOD VILLAGE CO 80111 STANLEY CONSULTANTS INC 8000 S CHESTER ST, SUITE 500 CENTENNIAL CO 80112 2021-0189 o► I is e.aoo-1q PAGE 2 DATE OF BID: JANUARY 13, 2021 REQUEST FOR: ON -CALL ENVIRONMENTAL SERVICES DEPARTMENT: PUBLIC WORKS BID NO: #B2100041 QUANDRY CONSULTANTS 55 EAST 4TH AVE DENVER CO 80203 WSP USA 5665 FLATIRON PKWY, SUITE 250 BOULDER CO 80301 ERO RESOURCES CORPORATION 1842 CLARKSON ST DENVER, CO 80218 APEX COMPANIES LLC 209 MAIN ST, UNIT A MEAD CO 80542 SMITH ENVIRONMENTAL AND ENGINEERING 250 PERRY LANE DACONO CO 80514 THE DEPARTMENT OF PUBLIC WORKS IS REVIEWING THE BIDS. 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