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Home My WebLink About20231784.tiffCon -ova cf ma -4,05I AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND CONSULTANT FOR TRAIL STUDY AND DESIGN PROJECT THIS AGREEMENT is made and entered into this day of j t CeXy1b,cy, 2023, 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 Otak Inc., a corporation, who whose address is 371 Centennial Parkway, Suite 210, 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 B2300074. 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 highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of 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 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. nnnn� C. ConW+ 1z/t liz3 as 0-7t/atde��) 2023- Mill - M -////,2,5 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. 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 $999,887.00 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. Bid quantities shall be carefully checked by the Contract Professional and quantity calculations shall be submitted for County review. If the County experiences additional costs during construction which are directly associated with errors and omissions (Consultant negligence) resulting in change orders requiring approval by the Board of County Commissioners and/or costs greater than the original bid unit costs, the Consultant will be financially liable for such increased costs. 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 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 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 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. Professional Liability (Errors and Omissions Liability): The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $1,000,000 Aggregate $2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same 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: Otak Inc. Attn.: Scott Belonger Address: 371 Centennial Parkway, Suite 210 Address: Louisville, CO 80027 E-mail: scott.belonger@otak.com Phone: 720-758-7717 County: Name: Evan Pinkham Position: Transportation Planner Address: 1111 H Street Address: Greeley, CO 80632 E-mail: epinkham@weld.gov Phone: 970-400-3727 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. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. 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. 32. Compliance with Colorado Department of Transportation Regulations and Standards: Contract Professional acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement, and Contract Professional agrees to meet or exceed all standards set by these publications. Contract Professional further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all the Contract Amount. 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 ofitae114eill 2023. CONTRACT PROFESSIONAL: Otak Inc. B Scott Dreher 4 o.ig;�, y`°m °-°"` Date: 11/29/2023 Y: Name: Scott Dreher Title: Chief Operating Officer WELD COU • ATTEST C! jele�v` BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair DEC 1 l 2023 3b02.5 - /719. Client#: 245599 OTAKINC ACORDTM CERTIFICATE OF LIABILITY INSURANCE DA;v2;7023 11 /29/2023YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edgewood Partners Ins. Center/Greyling 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 INSURED Otak, Inc. 808 SW Third Avenue, Suite 800 Portland, OR 97204 me.- Carly Underwood EXt): 770.670.5324 j lac, No): 770.670.5324 E-MAIL re hn certs re hn cam ADDRESS: greylingcerts@greyling.com • 9 @g Y • 9• INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : The Travelers Indemnity Company 25658 INSURER B : Travelers Property Casualty Co of Amer 25674 INSURER C : Lloyd's of London 085202 INSURER D : The Travelers Indemnity Co of America 25666 I INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 23-24 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE 'ADDLSUBRI ( SR WVD POLICY NUMBER POLICY EFF li POLICY EXP �MM/DD/YYYY) (MM/OD/YYYY) LIMITS A X COMMERCIAL GENERAL CLAIMS -MADE jLIABILITY , OCCUR ' 6805H242469 01/01/202301/01/2024 EACH OCCURRENCE $1,000,000 PREMISES Ea oocu ence) $, 1,000 000 MED EXP (Any one person) I $ 5,000 PERSONAL c AOV INJURY GENERAL AGGREGATE $1,000,000 $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER _ r O - POLICY X JEPRCT X LOC OTHER: PRODUCTS - COMP/OPAGG WA Stop Gap $2,000,000 $1,000,000 p AUTOMOBILE xl ... X LIABILITY ANY AUTO OWNED AUTOS ONLY �,,,...__- AUTOS ONLY X SCHEDULED AUTOS AUOTOS ONLDY BA3R284328 01/01/2023 01/01/2024 - (EOaaocEt INGLELIMIT '$1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ B �( UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE ''� uCUP5C857081 01/01/2023''01/01/2024 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 $ DED X'; RETENTION $10,000 WORKERS COMPENSATION ANY PROPRIETOR/PARTNER/EXECUTIVE� -� A(Mandatory NHS' LIABILITY Y I N I OFFICER/MEMBER EXCLUDED? � N / A ,) It yes, describe under '.. DESCRIPTION OF OPERATIONS below I �. PER OTH- E.L.EACH ACCIDENT E.L. DISEASE - ID NTER -- -- EMPLOYEE $ -- - --- $ E.L. DISEASE - POLICY LIMIT , $ C Professional Liability 1 LDUSA2305125 01/01/2023 01/01/2024 Per Claim $2,000,000 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: SW Weld County Trail Alignment Study. Otak project #020998.000. Weld County are named as Additional Insureds on the above referenced liability policies, including contractors pollution liability with the exception of workers compensation & professional liability where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Weld County 1111 H Street Greeley, CO 80632-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S6051149/M5131382 SBR08 DESCRIPTIONS (Continued from Page 1) The above referenced liability policies with the exception of professional liability are primary & non contributory where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. SAGITTA 25.3 (2016103) 2 of 2 #S6051149/M5131382 AC RO D® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 11 /28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Elliott Powell Baden and Baker Inc. An IOU Network Member 1521 SW Salmon Street Portland OR 97205-1783 CONTACT Oksana Sulza NAME: (q/cNr o, Ex6: (503) 227-1771 I itt, No): (503) 274-7644 ADDRE-MAILESS: osulza@epbb.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: United States Insurance Services Inc. 27855 INSURED Otak Inc. 808 SW 3rd Ave Ste 800 Portland OR 97204 INSURER B : INSURER C : INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 23/24 WC Other States' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TV TYPE OF INSURANCE A SDDL 'WIZ POLICY NUMBER POLICY EFF (=gm, OLICY EXP (MMIDDIYYYY) AMA; LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE El OCCUR EACH OCCURRENCE $ PREM SES (Ea oNcu once) $ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ 7,8T- El LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED _ AUTOS ONLY HIRED AUTOS ONLY - SCHEDULED _ AOS NONUT-OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PReMgdIYDAMAGE (Per accident) UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANYPROPRI iTairARTuEDRETECUTIVE ❑ in N ) EXCLUDED? (Mandatory in NH) (Mandatory If yes, describe under DESCRIPTION 'MEW.. below N/A Y WC9696241-11 01/01/2023 01/01/2024 PER OTH- X STATUTE I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Per attached WC000313 Re: SW Weld County Trail Alignment Study. Otak project #020998.000. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. 1111 H Street AUTHORIZED REPRESENTATIVE Greeley I CO 80632 f� 1 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2023 Policy No. WC 9696241 - 11 Endorsement No. Insured OTAK INC Premium $ Insurance Company Zurich American Insurance Company Countersigned by WC124 (4-84) WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Policy #: BA3R284328 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which CA T3 53 02 15 H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II - COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II - COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. Page 2 of 4 (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (I) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and CA T3 53 02 15 (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS: Page 4 of 4 The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY Policy Number: 6805H242469 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. 9• CGD3810915 h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Exhibit A Request for Proposals #B2300074 Federal Aid Project # - MTF C030-087 CDOT Project Code - 25379 ENGINEERING SERVICES FOR WELD COUNTY TRAIL DESIGN PROJECT I. Purpose The Weld County Public Works Department is seeking qualifications submittals from qualified vendors for Engineering Services related to the design of a multi -use trail located between Union Reservoir, St. Vrain State Park, and Mead High School in southwest Weld County.The QBS process outlined in Chapter 5, Section 5-4-150 (C) will be utilized to select the design consultant. II. General Project Description The project in general consists of a study and trail design for the multi -use trail. As a part of the design, a construction cost estimate will be produced by the consultant. The selected consultant will work with the project team which includes staff from Weld County, City of Longmont, Town of Mead, and Town of Firestone. III. Scope of Services The services will consist of detailed trail design generally consisting of but not limited to: 1. Detailed trail alignment study and trail design generally consisting of overall plan preparation (30%, 60%, 95%, and Ready for Construction); 2. Surveying for all aspects of design, ROW, subsurface utility engineering, irrigation, as - built drawings, etc. The Consultant shall be responsible for obtaining Right to Enter forms from all affected property owners for surveying, geotechnical testing, and SUE purposes; 3 Subsurface utility engineering (SUE) report to a minimum Quality Level (QL) A for all existing utilities, oil and gas facilities, and agricultural irrigation facilities; 4 Hydraulic evaluations including floodplain modeling/permitting and FEMA CLOMR/LOMR process and County Flood Hazard Development Permit (FHDP) process. 5. Report preparation including structure selection report if applicable, geotechnical report, and drainage report; 6. CDOT style right-of-way plans including title work; 7. Specification preparation; 8. Coordination with property owners; 9. Utility relocation coordination; 10 ROW acquisition services; and 11. Responding to Contractor request for information (RFI) inquiries. Please note that the DBE requirement for submittals is 5% for this project. The affidavit of small business participation worksheet will need to be completed by each consultant that submits a proposal. If a consultant fails to complete the affidavit, their proposal will be considered non- responsive. IV. Project Schedule (Anticipated) The project schedule currently anticipates the following design phase milestones: • • • • • RFQ Advertisement Issued May, 30, 2023 Qualifications Due at Purchasing June 23, 2023 (10:00 AM) Shortlist by July 7, 2023 RFP Issued at Pre -Proposal Meeting July 26, 2023 Proposals Due August 9 , 2023 1 • • • Interviews (If required) Design contract awarded Final design completed by August 14, 2023 August 18, 2023 May 1, 2024 V. Instructions to Consultants A. Submittal Requirements 1. Qualified consultants interested in performing the work described in this request for proposals shall submit the following information to the County in any order they choose. 2. Qualifications of your firm and staff proposed to perform the work on this project. 3. A list of similar projects completed in the last five years. 4. A list of critical issues that the consultant considers to be of importance for the project. 5. Provide ideas or suggestions on how your firm can meet the proposed schedule. 6. Provide a scope of work for the proposed design and list of associated work items required to complete the work. 7. 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 visit one or more of the listed projects and/or request a copy of the plans and documentation completed. 8. A sample plan and profile sheet(s) of a similar project should be included in each submittal. Examples shall be 11"x17". 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. 10. Limi: the total length of your proposal to a maximum of 20 pages. The County will reject proposals received that are longer than 20 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 pages count. 11. Submit a total of five copies of your proposal, and one electronic copy (PDF) on a thumb drive. Proposals must be delivered to the Weld County Purchasing Department, P.O. Box 758, 1150 "O" St., Greeley, CO 80632. Weld Coun :y 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. B. Contacts Questions related to the submittal requirements and procedures should be directed to: Evan Pinkham — Transportation Planner 970-40C-3727, epinkhamweldgov.com PART 2 - SELECTION PROCESS I. Selection Criteria and Method The Weld County Purchasing Professional Services Selection (QBS) 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. [Weld County Code Section 5-4-150 B.] A selection committee shall include Weld County Public Works representatives. RFP Scoring Criteria Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the proposal submittals. 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. WEIGHT EVALUATION CRITERIA 5 Scope Proposal of The objectives, by the proposal Department. methodology clearly shows to an understanding be used, and final of results the project that are desired 5 Critical Issues The issues those proposal associated issues. demonstrates with the project the firm clearly and offers understands realistic solutions the major to 4 Project Control The construction State firm Control firm or have process has Federal a described cost. Quality in procedures -place The their firm to methods has are manage demonstrated used of where the quality controlling appropriate. an of ability their their product? design to insure Does and the 4 Work Familiarity Location Project team Department. team's members work familiarity location with relative Weld to the County project and the site location. goals of the Key 2 UDBE Goal* The subconsultant;s) meet firm the has UDBE provided goal have for documentation proven this project. abilities. which The designated supports their UDBE ability to *There shall only be UDBE Goals on tasks which are utilizing Federal Funding, the Consultant shall make all reasonable efforts to employ underutilized/disadvantaged businesses for subconsultant work on these tasks. Interview Scoring Criteria WEIGHT EVALUATION CRITERIA 4 Work Approach The completing project. firm proposed the work. and clearly The consultant described offered their approach innovative towards ideas for this 4 Project Qualifications Manager The track communication firm's record. Project The skills. Manager Project Manager has adequate demonstrates qualifications effective and a proven 4 Quality Presentation of The people skills visual interview and aids being audio- were interviewed presentation effective. demonstrated was clear and effective easy to understand. communication The 8 Question/Answer Session The by understanding the firm selection was able of committee. the to provide project good Answers and goals. answers given to demonstrated the questions clear asked 3 PART 3 — EXHIBITS Exhibit A — Professional Services Agreement (Example) Exhibit B — CDO—'s Professional LA DBE Contract Requirements Exhibit C — AffidEvit of Small Business Participation — To be filled out by the consultant and submitted with RFP Proposal. If it is rot included, the consultant's proposal will be considered non -responsive and discarded. 4 EXHIBIT A -- PROFESSIONAL SERVICES AGREEMENT (EXAMPLE) AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND CONSULTANT FOR BRIDGE REPLACEMENT PROJECT THIS AGREEMENT is made and entered into this day of , 2020, 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 , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , 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 B2000034. 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 highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of 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 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 5 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 terminat©n 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 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 x "change order" authorizing such additional payment has been specifically approved by the Director of WeEd 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 Bid quantities shall be carefully checked by the Contract Professional and quantity calculations shall be submifted for County review If the County experiences additional costs during construction which are directly associated with errors and omissions (Consultant negligence) resulting in change orders requiring approval by the Board of County Commissioners and/or costs greater than the original bid unit costs, the Consultant will be financially liable for such increased costs 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 6 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 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 7 qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall 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 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 8 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. Professional Liability (Errors and Omissions Liability): The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $1,000,000 Aggregate $2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name Weld County and the Colorado Department of Transportation as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same 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: Name: Evan Pinkham Position: Transportation Planner Address: 1111 H Street Address: Greeley, CO 80632 E-mail: evinkham(a).weld.gov Phone: 970-400-3727 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. 10 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. 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 bean 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 11 Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. 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. 32. Compliance with Colorado Department of Transportation Regulations and Standards: Contract Professional acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement, and Contract Professional agrees to meet or exceed all standards set by these publications. Contract Professional further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all the Contract Amount. 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 2020. CONTRACT PROFESSIONAL: By: Date: Name: Title: 12 WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair 13 EXHIBIT B - CDOT PROFESSIONAL SERVICES LOCAL AGENCY CIVIL RIGHTS AND DISADVANTAGED BUSINESSENTERPRISE (DBE) CONTRACT REQUIREMENTS 14 CDOT PROFESSIONAL SERVICES LOCAL AGENCY CIVIL RIGHTS AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT REQUIREMENTS Please refer to CDOT's Local Agency Civil Rights Guidelines for more information: https: //www. codot. gov/business/civilrights/la-compliance/overview The following requirements shall be applied to FHWA-assisted contracts. I. DEFINITIONS B2GNow. Web based platform utilized by CDOT to track Civil Rights compliance (DBE/ESB participation) and prompt payment requirements on its contracts. The Consultant will use this platform to submit Utilization Plan(s), Subconsultant and Supplier/Vendor information on the Contract. CDOT Civil Rights. The CDOT Civil Rights office that assist with the contract and prompt payment requirements on contracts. This can be in either the region or headquarters. Civil Rights and Business Resource Center (CRBRC). CDOT's Civil Rights office at Headquarters. Commercially Useful Function (CUF). Responsibility for the execution of work by actually performing, managing, and supervising the work, as described in 49 CFR Part 26. Commitment. A portion of the Contract designated by the Consultant for participation by DBE firms. The DBE firm(s) are included in the proposal team for participation to meet the Contract Goal. Commitments must identify the work to be performed by the DBE and include the percentage of the contract committed to each DBE firm. Commitments are measured at the end of the contract and are calculated by the actual payments to a DBE firm divided by the total payments made under the Contract. Contract. Agreement between the Local Agency and the Consultant, whereby the Consultant will be compensated in exchange for providing Professional Services and ancillary services. For purposes of this document, the term "Contract" refers to an individual, executed Task Order for an On -Call Agreement or a Master Contract (overarching agreement) for Project -Specific and Program -Specific Agreements. Contract Goal Percentage. The percentage of the Contract established by CDOT for reasonable participation by DBEs and stated in the invitation for consultant services. Consultant. An individual, firm, corporation, or other legal entity with a direct contractual relationship with the Local Agency's solicitation to render Professional Services and ancillary services. Disadvantaged Business Enterprise (DBE). A Colorado certified Disadvantaged Business Enterprise listed on the Colorado Unified Certification Program (UCP) DBE Directory at www.coloradodbe.org. Emerging Small Business (ESB). A CDOT certified Emerging Small Business firm listed on the ESB Directory at www.coloradoesb.org. Good Faith Efforts (GFE). All necessary and reasonable steps to secure the necessary Commitments to meet the Contract Goal or other requirements of this contract, which by their scope, intensity, and appropriateness to the objective could reasonably be expected to fulfill the contract requirement. Guidance on Good Faith Efforts to meet the Contract Goal is provided in 49 CFR Part 26, Appendix A. 1 July 2022 LOCAL AGENCY CONTRACTS CDOT PROFESSIONAL SERVICES LOCAL AGENCY CIVIL RIGHTS AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT REQUIREMENTS Local Agency. A public agency, local public agency, established public owned organization, or private interest that can legally enter into an intergovernmental agreement with CDOT for a transportation related project. This can involve the design, construction or management of State and Federally funded projects. Professional Services. The practice of architecture, engineering, professional land surveying, landscape architecture, and industrial hygiene as defined in Colorado Revised Statutes (CRS) 24-30-1402 and 48CFR Part 2. Reduction. Reduction occurs when the Consultant reduces a Commitment to a DBE. A Reduction is a partial Termination. Subconsultant. An individual, firm, corporation or other legal entity to whom the Consultant sublets part of the contract. For purposes of these requirements, the term Subconsultant includes SuppliersNendors. Substitution. Substitution occurs when a Consultant seeks to find another certified DBE firm to perform work on the contract as a result of a Reduction or Termination. Termination. Termination occurs when a Consultant no longer intends to use a DBE firm for fulfillment of a Commitment. This includes, but is not limited to, instances in which a Consultant seeks to perform work originally designated for a DBE Subconsultant with its own forces or those of an affiliate, a nonDBE firm, or with another DBE firm. Utilization Plan (UP). The documentation of Subconsultant and SupplierNendor participation on the awarded Contract. The Utilization Plan details all Subconsultants and SuppliersNendors included as part of the proposal team and Commitments by percentage made by the Consultant. The Consultant must submit the Utilization Plan within five (5) calendar days of receiving notice from CDOT's B2GNow system. Vendor. Participant on a CDOT contract that is providing services not considered to be a Professional Services as defined in Colorado Revised Statute 24-30-1402 and 48 CFR Part 2. A vendor would provide Non - Engineering Services (i.e. Geotechnical drilling, Public Information/Relations, traffic control, etc) and would not be overseen by a licensed engineer. Work Code. A code to identify the work that a DBE is certified to perform. A work code includes a six (6) digit North American Industry Classifications System (NAICS) code plus a descriptor. Work codes are listed on a firm's profile on the Colorado UCP DBE Directory at https://coucp.dbesystem.com/. The Local Agency may include CDOT in discussions for clarification. The consultant may contact the Civil Rights and Business Resource Center to receive guidance on whether a work code covers the work to be performed. II. NONDISCRIMINATION AND SUBCONTRACTING REQUIREMENTS The following requirements apply to all contracts and subcontracts on FHWA federally -assisted contracts. A. Non-discrimination. The Consultant, with regard to the work performed by it during the contract term, will not discriminate on the grounds of race, color, or national origin in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 2 July 2022 LOCAL AGENCY CONTRACTS CDOT PROFESSIONAL SERVICES LOCAL AGENCY CIVIL RIGHTS AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT REQUIREMENTS B. Civil Rights Act of 1964 Title VI. CDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. C. Consultant Assurance. By submitting a proposal for this contract, the Consultant agrees to the following assurance: The consultant, sub recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract. Such other remedy as deems appropriate, which may include, but is not limited to: • Withholding monthly progress payments • Assessing sanctions ▪ Liquidated damages • Disqualifying the consultant from future bidding as non responsible D. Prompt Payment. Payments to all Subconsultants shall be made within seven (7) calendar days of receipt of payment from the Local Agency, or no later than ninety (90) calendar days from the date of the submission of a complete invoice from the Subconsultant, whichever occurs first. The Local Agency will assist in enforcing the Civil Rights Requirements outlined above as well as prompt payment as outlined in 49 CFR, Part 26. If the Consultant has good cause to dispute an amount invoiced by a Subconsultant, the Consultant shall notify the Subconsultant no later than the required date for payment. Such notification shall include the amount disputed and justification for the withholding. The Consultant shall maintain records of payment that show amounts paid to all Subconsultants. Good cause does not include failure to timely submit an invoice or to deposit payments made. The Consultant shall electronically submit prompt payment audit reports in B2GNow by the fifteenth (15th) of each month through the B2GNow software. If no payment has been made, the Consultant shall document this in the prompt payment audit reporting. E. Subcontract Terms. Parts A -D of this section shall be included in all subcontracts or other agreements for the performance of work on the contract. III. CONTRACT COMMITMENT At the time of initial proposal, the Consultant must make a contractually binding guarantee to meet the Contract Goal in accordance with 49 CFR 26.53. A. Affidavit of Small Business Participation. The Affidavit of Small Business Participation is the Consultant's contractually binding guarantee to meet the Contract Goal or make Good Faith Efforts to do so. CDOT's Affidavit of Small Business Participation form must be submitted with the Consultant's statement of interest proposal. Failure to submit the CDOT Affidavit of Small Business Participation form will result in the Consultant being deemed non responsive and ineligible for award. The Local Agency will copy the top preferred proposals to CDOT's Civil Rights and Business Resource Center (CRBRC) for approval of CDOT's Affidavit of Small Business Participation form. This form includes the commitments to meet the DBE goal. B. Contract Utilization Plan (UP). Once the contract is awarded and the Local Agency receives a signed contract, the Local Agency will submit the Local Agency Professional Services B2GNow Contract Information 3 July 2022 LOCAL AGENCY CONTRACTS CDOT PROFESSIONAL SERVICES LOCAL AGENCY CIVIL RIGHTS AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT REQUIREMENTS form for CDOT to set up the contract in the B2GNow system. Once the contract is setup in the system, the Consultant will receive a notice from CDOT within five (5) calendar days of selection, to complete and submit a Utilization Plan via B2GNow. In order to complete the Utilization Plan, the Consultant shall list all DBE, ESB, and nonDBE/ESB Subconsultants and SuppliersNendors included as part of its "most qualified" team. The Utilization Plan shall also include all Commitments by percentage. C. Consultant Responsibility. The Consultant is solely responsible for ensuring that the Contract Goal is achieved upon completion of the work, expenditure of funds, and/or expiration of the Contract, whichever occurs first. The Local Agency and CDOT assists in the monitoring as oversight agencies. D. Contract Good Faith Effort Requirement. The UP will not be approved by CDOT until the Consultant documents sufficient Commitments to meet the Contract Goal or demonstrates Good Faith Efforts to meet the Contract Goal even though it did not succeed in obtaining sufficient Commitments to do so. 1. Good Faith Efforts mean that the Consultant: a. Documents it has obtained enough DBE participation to meet the Contract Goal, or b. Documents that it made adequate good faith efforts to meet the Contract Goal, even though it did not succeed in obtaining enough DBE participation to do so 2. If the Consultant has not documented sufficient Commitments to meet the Contract Goal, the Consultant shall provide an explanation of its efforts to obtain Commitments by submitting the CDOT's Professional Services Good Faith Efforts Report form and supporting documentation to CRBRC. a. The CRBRC will conduct a review to determine whether the Consultant has demonstrated Good Faith Efforts to meet the Contract Goal b. The CRBRC will approve the Contract Utilization Plan if it determines that the Consultant has made Good Faith Efforts to meet the Contract Goal 3. In conducting Good Faith Effort reviews, the CRBRC will utilize the guidance found in Appendix A to 49 CFR Part 26, where applicable. The CRBRC may also consider, but is not limited to, the following factors in evaluating the Consultant's Good Faith Efforts: a. Performance of other consultants in meeting DBE goals on contracts that have a similar scope of work, contract amount, location, and time frame b. Reason(s) for choosing a nonDBE subconsultant over an interested DBE c. Documentation of DBEs solicited by the Consultant and verification from the DBEs that they were actually contacted by the Consultant d. Past performance by the Consultant on contracts that have a similar scope of work, contract amount, location and time frame e. Any other factors that may be pertinent to the factual circumstances If the CRBRC determines the Consultant has made Good Faith Efforts to meet the Contract Goal, the Master Contract Utilization Plan will be approved and all documentation of the determination will be uploaded into B2GNow. E. Administrative Reconsideration. If the CRBRC determines that the Consultant did not demonstrate Good Faith Efforts to meet the Contract Goal, the Consultant will be provided a written notice of its determination and an opportunity for administrative reconsideration by the CDOT Chief Engineer or a designee. 4 July 2022 LOCAL AGENCY CONTRACTS CDOT PROFESSIONAL SERVICES LOCAL AGENCY CIVIL RIGHTS AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT REQUIREMENTS 1. The Chief Engineer or a designee will conduct administrative reconsideration. The Consultant will have five (5) calendar days from the written notice to request administrative reconsideration of an adverse Good Faith Efforts determination b. The request shall include the basis for reconsideration and any supporting documentation that the Consultant would like to be considered as part of the reconsideration c. The reconsideration should also specify whether the Consultant is requesting an informal, in person or telephonic hearing with CDOT to address the issues in the Good Faith Efforts determination d. If a request for an informal hearing is not made, the Consultant will be deemed to have waived this opportunity 2. Upon a hearing request, the Civil Rights and Business Resource Center will establish a date and time for the hearing and send written notice via email to the Consultant, the Local Agency and Civil Rights at least two (2) business days in advance of the hearing. a. If schedules permit, the parties may waive the two (2) business day requirement b. The CDOT Chief Engineer or designee may request additional documentation from the Consultant and/or the Local Agency c. A copy of all requests and responses should be provided to the other party and the other party shall be given an opportunity to respond 3. The CDOT Chief Engineer or a designee shall issue the final determination as to whether the Consultant made Good Faith Efforts to meet the Contract Goal. a. The determination will be in writing and explain the basis for the CDOT Chief Engineer's or designee decision regarding whether or not the Consultant demonstrated Good Faith Efforts to meet the Contract Goal b. The Good Faith Efforts determination of the CDOT Chief Engineer or designee is not appealable IV. ELIGIBLE DBE PARTICIPATION In order to count towards the Contract Goal, (1) the work performed by the DBE Consultant, Subconsultant, or SupplierNendor must be identified in an approved Commitment, and (2) the Consultant, Subconsultant, or Supplier/Vendor must be DBE certified in the committed work upon submission of the Commitment. The Local Agency will evaluate whether the work it is committed to perform can reasonably be construed to fall within the work areas for which the DBE Consultant, Subconsultant, or Supplier/Vendor is certified. The Local Agency may request assistance from CDOT if needed. A. If a Consultant, Subconsultant, or Supplier/Vendor is decertified as a DBE following the approval of a Contract, its participation on that Contract may continue to count as DBE participation. B. DBE participation will be tracked through the B2GNow. C. Only work actually performed by the DBE will count towards the Contract Goal. 5 July 2022 LOCAL AGENCY CONTRACTS CDOT PROFESSIONAL SERVICES LOCAL AGENCY CIVIL RIGHTS AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT REQUIREMENTS 1. The Consultant may count the entire amount of fees or commissions charged by a DBE firm for: a. Providing a bona fide service, such as professional, technical, consultant, or managerial services; and/or b. Providing assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for the performance of work, provided that the fee or commission is determined by the Local Agency to be reasonable and not excessive as compared with fees customarily allowed for similar services 2. When a DBE subcontracts part of the work of its contract to another firm, individual, or entity, the value of the subcontracted work may only be counted if the subcontractor is also a DBE certified firm. a. Work that a DBE subcontracts out to a non -certified firm will not count toward the goal b. DBE firms may use an employee leasing company for the work i. The participation of the leased employees will count only if the certified DBE firm maintains an employer -employee relationship with the leased employees ii. This includes being responsible for hiring, firing, training, assigning, and otherwise controlling the on-the-job activities of the leased employees, as well as ultimate responsibility for wage and tax obligations related to the employees c. Unless certified in the work to be performed, staffing agencies only count toward the Contract Goal for placement fees and any hourly fee beyond the temporary employee's actual rate of pay 3. When a DBE performs as a participant in a joint venture: a. Only the portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work that the DBE performs with its own forces may count toward the Goal b. In order to receive credit, the joint venture agreement must be submitted as an attachment in the utilization plan submitted through B2GNow for review and approval by CDOT C. A DBE must be performing a Commercially Useful Function, as defined by 49 CFR 26.55(c), in order for its participation to count towards the Contract Goal. 1. To perform a Commercially Useful Function: a. The DBE must be responsible for the execution of the work to be performed and b. Actually performing, managing, and supervising the work 2. In evaluating whether a DBE is performing a Commercially Useful Function, the Local Agency will consider factors, including but not limited to: a. The amount of subcontracted work b. Industry practices, and c. Whether payment to the DBE is commensurate with the work for which the DBE is claiming credit, and any other relevant factors 3. DBE does not perform a Commercially Useful Function if its role is limited to that of an extra participant in a transaction through which funds are passed in order to obtain the appearance of DBE participation. 6 July 2022 LOCAL AGENCY CONTRACTS CDOT PROFESSIONAL SERVICES LOCAL AGENCY CIVIL RIGHTS AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT REQUIREMENTS 4. A DBE is presumed as not performing a Commercially Useful Function: a. When it does not perform or exercise responsibility for at least thirty (30) percent of the total cost of the work it is contracted to perform with its own workforce; or b. When the DBE subcontracts a greater portion of its work than would be expected based on normal industry practice for the type of work involved. c. In these circumstances, the DBE may present evidence to CDOT in order to rebut the presumption. 5. In order to finalize the Contract, the Consultant must have submitted a Professional Services Commercially Useful Function Questionnaire form for each DBE firm that performed work or provided supplies toward meeting the contract goal. The DBE, Consultant and Engineer must sign the Professional Services Commercially Useful Function Questionnaire form. 6. The Local Agency's determinations regarding Commercially Useful Function matters are not appealable. V. UTILIZATION PLAN MODIFICATIONS A. Reduction, Substitution, Termination. Reduction, Substitution, or Termination during the life of the Contract shall only be permitted at the discretion of the Local Agency based upon a demonstration of Good Cause by the Consultant. The Consultant may not Reduce, Substitute, Terminate, or add Commitments without the Local Agency's approval. Consultants may request modification approval to the Local agency. The Local Agency may request for CDOT's assistance and/or use CDOT's Professional Services DBE Participation Plan Modification Request form. 1. Notice to Subconsultant. Before requesting the Local Agency approval, the Consultant must give the DBE Subconsultant notice in writing of the Consultant's intent to Reduce, Substitute or Terminate the Subconsultant's work. Unless otherwise waived in writing by the DBE, the Consultant must give the DBE five (5) calendar days to respond to the Consultant's notice d advise the Local Agency of objections, if any, that it objects to the proposed Reduction, Termination and/or Substitution and why the Consultant's proposed action should not be approved. If required as a matter of public necessity (e.g., safety), the Local Agency may waive or reduce the period to respond. The DBE firm may also voluntarily waive the response period. 2. Good Cause Requirement. A Consultant must demonstrate Good Cause before a request for Reduction, Substitution or Termination can be approved by the Local Agency. Good Cause does not exist if Reduction, Substitution or Termination of a DBE is sought solely so that the Consultant can self perform the work for which the DBE was engaged or so that the Consultant can substitute another firm to perform the work. In evaluating whether Good Cause exists, the Local Agency will consider, but is not limited to, the following factors: a. Changes in the scope of work or scheduling that directly impacts the work committed to the DBE b. Failure or refusal by the DBE to execute a written contract c. Failure or refusal by the DBE to perform the work of its subcontract consistent with normal the industry standards, provided that such failure is not the result of bad faith or discriminatory actions of the Consultant or one of its Subconsultants 7 July 2022 LOCAL AGENCY CONTRACTS CDOT PROFESSIONAL SERVICES LOCAL AGENCY CIVIL RIGHTS AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT REQUIREMENTS d. The DBE fails to meet reasonable, nondiscriminatory insurance requirement e. The DBE becomes bankrupt, insolvent, or exhibits credit unworthiness f. The DBE is ineligible to work because of suspension or debarment proceedings or other state law g. The DBE is not a responsible Consultant h. The listed DBE voluntarily withdraws from the project and provides to the Consultant written notice of its withdrawal i. The listed DBE is ineligible to receive credit for its participation j. The DBE owner dies or becomes disabled and the firm is unable to complete the work it is committed to perform k. The DBE ceases business operations or otherwise dissolves; and/or 1. Other documented good cause reasons determined by the Local Agency to compel the termination of the DBE Subconsultant 3. Good Faith Effort Requirement. When a Commitment is Reduced or Terminated (including when a DBE withdraws), the Consultant shall make Good Faith Efforts to find a Substitution up to the Contract Goal for the DBE whose Commitment has been Terminated or Reduced, Substitutions do not have to be in the same type of work that was Terminated or Reduced. a. Prior to making a Substitution, the Consultant must receive the Local Agency's approval for the Substitution. b. An approval of the modification constitutes a modification of the Utilization Plan through CDOT. Each substitute DBE approved by the Local Agency must have documentation. Documentation similar to a Project Cost Worksheet for Subconsultants or Letter of Intent for a Supplier/Vendor that shows commitments to the firm on the contract are required. Once approved, the Local Agency will work with the CRBRC to modify the UP in B2GNow. VI. ENFORCEMENT It is the responsibility of the Local Agency and Consultant to ensure that Commitments are fulfilled or to request Utilization Plan modifications in a timely manner as described in Section VI. Approvals under the Contract are not an explicit or implicit approval by the Local Agency or CDOT of any Commitment Terminations, Reductions, Substitutions, or any other waiver of the Contract Civil Rights requirements. A. The Local Agency may conduct reviews or investigations of participants as necessary. All participants on the Contract, including, but not limited to, DBE Subconsultants or Suppliers/Vendors are required to cooperate fully and promptly with compliance reviews, certification reviews, investigations, and other requests for information. This also includes applicants for DBE certification, ESB Subconsultants and applicants for ESB certification, complainants, and Consultants using Subconsultants to meet the Contract Goal. B. If the Local Agency determines that a Consultant, Subconsultant or Supplier/Vendor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by the Local Agency to be unallowable, or if the Consultant engages in repeated violations, falsification or misrepresentation, the Local Agency may: 1. Refuse to count any fraudulent or misrepresented DBE/ESB participation 2. Withhold progress payments to the Consultant commensurate with the violation 3. Reduce the Consultant's prequalification status 8 July 2022 LOCAL AGENCY CONTRACTS CDOT PROFESSIONAL SERVICES LOCAL AGENCY CIVIL RIGHTS AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT REQUIREMENTS 4. Refer the matter to the Office of Inspector General of the US Department of Transportation for investigation; and/or 5. Seek any other available contractual remedy VI. CONTRACT CLOSEOUT The Local Agency will collect a completed CDOT Professional Services Closeout Report form upon completion of the work, expenditure of funds, and/or expiration of the Contract, whichever comes first. This form will report the final actual DBE participation on the Contract and any amounts for which CDOT will be seeking reimbursement due to the Consultant not meeting Commitments. The Local Agency will submit the form to CDOT Civil Rights with submission of the final invoice. 9 July 2022 LOCAL AGENCY CONTRACTS EXHIBIT C - AFFIDAVIT OF SMALL BUSINESS PARTICIPATION Colorado Department of Transportation AFFIDAVIT OF SMALL BUSINESS PARTICIPATION Project Description Contract NTE $ DBE Contract Goal % % SECTION 1. CONSULTANT INFORMATION Prime Consultant Consultant is an ESB ❑ Compliance Contact Name Consultant is a DBE ❑ Email Address 'Phone ' B2GNow Vendor # SECTION 2. DBE PARTICIPATION PLAN Fill in All Lines: " The consultant is committing to (as of ad date of RFP, firms with unsuccessful " The consultant is committing to approximately The consultant is committing to approximately The Prime Consultant shall submit a Professional that provides work or provides supplies whose # of DBE firm(s) not teamed with allowed, each firm must be listed in the past 2 years in this section). of DBE particpation based on NTE $. % DBE goal based on the NTE $. Questionnaire for every DBE on this contract goal for this contract. bids $ Services participation Commercially Useful Function counts toward the DBE contract All DBE firms (Subconsultants, Supplier/Vendors, Prime if self performing) Work Descriptor (i.e. survey, testing) NEW DBE Teaming Partner? ONLY for Project/Program Specific RFP/SOIs Approximate % of Participation ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes n No ❑ Vendor ❑ Ye, ❑ Ni. If more DBE subs/suppliers vendors, add additional sheet SECTION 3. ESB PARTICIPATION PLAN Fill in All Lines: The consultant is committing to # of ESB firm(s) not teamed with in the past 2 years (as of ad date of RFP, firms with unsuccessful bids allowed, each firm must be listed in this section). * The consultant is committing to approximately $ of ESB particpation on this RFP/SOI. • The consultant is committing to approximately % ESB goal based on the NTE $. All ESB firms (Subconsultants, SuppliersNendors, Work Areas New ESB Teaming ONLY for Project/Program Specific RFP/SOIs w/RFP (SOI) Page 1 Jul 2022 Colorado Department of Transportation AFFIDAVIT OF SMALL BUSINESS PARTICIPATION rnme lr sea perrormmgJ ana Levet (i.e. survey, testing) rarinerr Approximate % of Participation ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No ❑ Vendor ❑ Yes ❑ No If more ESB subs/suppliers/vendors, add additional sheet SECTION 4. DECLARATION OF AFFIDAVIT By signing below the Consultant affirms the statements made in this document are true and complete: The Consultant shall make good faith efforts to meet the contract goal for each task order under the overall contract. The Consultant understands that making good faith efforts to achieve the contract goat is a condition of contract award. The Consultant understands that promised participation is a binding obligation of the contract if awarded. The Consultant attests that the information above is true and understands that a fraudulent misrepresentation or failure to make good faith efforts to meet the contract commitments or promised participation may result in the withholding of progress payments, reduction of prequalification status, referral of the matter to the Office of Inspector General of the USDOT and/or other contractual remedies. I, of (Owner or Executive Officer Name AND Title) (Consultant Company Name) (Tracked Signature Accepted) (Date) Attached with proposal (RFP) and small business plan (for scoring) Jul -22 w/RFP(SOI) Page 2 Jul 2022 r - f idle • • 4 T .. (2:171,1.1..- :id.' el; - : ,,,......metorar"?.=/:.. -/' . 0 ;41 s ;:.• .1 . i::::: I : i.itall. . I.. t ... iii• • /i. .".777/ _ • . T. .. •••. _► dil � .� �. • • 1 , •• •''•. 0 1 . Scott Belonger, PE 371 Centennial Parkway, Suite 210 Louisville, CO 80027 720.758.7717 I scott.belonger@otak.com 1. Qualifications of Firm and Sta THIS PAGE IS INTENTIONALLY LEFT BLANK Otak and our trusted team of subconsultants, with whom we have worked together on similar projects, will collaborate with the County and other stakeholders to bring your shared vision for these important trail connections to fruition. Firm qualifications and staffing information is outlined in the following pages. Firm Profile Otak aaaAl Otak has built our reputation providing excellent client service and performing exciting work, all while strengthening the communities and organizations we serve. Founded in the Pacific Northwest 45 years ago, today we have offices in Colorado, Oregon, and Washington. Otak's Colorado team works out of our Louisville and Denver offices, offering comprehensive architecture, landscape architecture, planning, civil, structural, and water resource engineering, urban design, and construction management and inspection services. Our local multi -disciplinary team of 46 staff members in Colorado is backed by the expanded capabilities of our national organization with more than 330 additional professionals. Project Role: Prime consultant and project manager, leading alternatives analysis, trail and structures design, and floodplain/hydraulic analysis. SUBCONSULTANTS Felsburg Holt & Ullevig (FHU) is a mid - FE sized sized firm offering full -service trail and �H ULLEVIG transportation. Founded in 1984, FHU has over 180 employees in eight offices, including Denver and Fort Collins. They have ample capacity to perform the work required for the project and have taken considerable care to commit a team that has the appropriate expertise and capacity for the work required. Their team members have the trail design, environmental, and public engagement experience to rely on while preparing the plan for this community - supported trail extension. Project Role: Environmental permitting traffic/at-grade crossing analysis and design; Weld County Design Standards assistance/quality management. CTLITHOMP8ON CTL Thompson, Inc. has been providing innovative engineering solutions throughout the Rocky Mountain Region and beyond since 1971. Their award -winning firm offers geotechnical, materials, environmental, and structural engineering services, construction observation, soil and materials testing, and forensic engineering. Project Role: Geotechnical engineering investigations and design. King Surveyors, a division of IIONG SWUM AdiviontUndpWnt Landpoint, is an award winning land surveying company that operates in many of the fastest growing economic regions across the US. The company is a multifaceted professional services firm that concentrates on providing our clientele with construction, route, topographical, and other land surveying services. Project Role: Surveying. AyRESAyres has provided various municipalities, industries, and agencies with utility locating services on stand-alone and continuing services contracts since 1998. They have experience providing utility locating services in a variety of flexible methods tailored to meet local conditions and customers needs. Project Role: Subsurface Utility Engineering. �N & ASS= V 1 K:Hi1H ; OISiCN AND 1 NONtIRING Clanton and Associates, Inc. is an award -winning design firm that has specialized in sustainable lighting design since 1981. Clanton is collaborating with Otak on a number of relevant projects including St. Vrain Greenway Trail, Anthem Underpass and Trail, ART SMART River Road to Farmington Hill, Longmont Alleys West, and N. 83rd Street Trailhead Reconstruction, among several others. Project Role: Lighting design. CHICKENANGO min 'ot✓.©S .o as Chickenango is a public relations firm that is a Women -Owned DBE based in CO, TX, NV, AZ, and CA. They have a profound understanding of the community's needs in serving government clients to engaging with the public over the last five years. Chickenango and Otak are working on the CO 66 and CR 7 Pedestrian Crossing that will go over or under CO 66 and eventually connect to the St. Vrain Trail system. Project Role: Public engagement and communications support. Western States* is a full -service, right-of-way acquisition firm. They are located in Loveland and have provided right-of-way acquisition and relocation services to local public agencies, utility companies, and other entities throughout Colorado and several surrounding states since 1981. Project Role: ROW/Land Acquisition. *Available as needed ..,Western States I and Sent's, UC Weld County I Engineering Services for Weld County Trail Design Project: RFP #B2300074 1 Staff Assigned to the Project We have worked together with our teaming partners on dozens of projects, with some relationships spanning more than 20 years. Throughout our extensive teaming history, we have worked on numerous trail design, bridge, and underpass projects, including multiple previous sections of the St. Vrain Greenway_ The following section (and 2 QUALITY MANAGEMENT Chris Bisio, PE Katherine Duitsman, PE the referenced exhibits) presents our team of experienced, committed, collaborative professionals. These individuals will work with the County to deliver an excellent project. We have compiled the requested name, title, project role, and responsibilities for each team member. caul*:TY. COUNTY PROJECT MANAGER Evan Pinkham, MPA *BOLD denotes Key Personnel PRINCIPAL -IN -CHARGE PROJECT MANAGEMENT PROJECT MANAGER Scott Belonger, PE DEPUTY PROJECT MANAGER Meredith Askham, PE Chris Bisio, PE TRAIL PLANNING/DESIGN Scott Belonger, PE Meredith Askham, PE Ben Zaugg, PE TRAFFIC/AT-GRADE CROSSING DESIGN Rich Follmer, PE, PTOE (FHU) Matthew Downey, PE, AICP STRUCTURAL ENGINEERING Dan Beltzer, PE David Graff, PE Sally Gerster FLOODPLAIN/HYDRAULICS Gary Wolff, PE, D.WRE, CFM Maddie McNamee ENVIRONMENTAL/CULTURAL Tamara Keefe, GISP C 11! ADDITIONAL SUBCONSULTANT PARTNERS GEOTECHNICAL SERVICES CTL THOMPSON Chip Leadbetter, Ill, PE ROW/ACQUISITION (AS NEEDED) WESTERN STATES As Needed SURVEYING KING SURVEYORS Paul Groves Chad Dilka, PLS Scott A. Fry, Jr. LIGHTING DESIGc. CLANTON & ASSOCIATES (DBE) David Roederer, LEED AP, IES Kaitlyn Phelan, El SUBSURFACE ' i LNUitNLERING AYRES ASSOCIATES Dale Mathison, PL Kasey Hayes PUBLIC ENGAGEMENT CHICKENANGO (DBE) Tracy Christy Jennifer McPherson Engineering Services for Weld County Trail Design Project: RFP #62300074 I Weld County KEY 1 LAM hihiivitbLk_ CHRISTINE (CHRIS) BISIO, PE Principal -in -Charge, QA/QC Manager EXPERIENCE: 30 years AVAILABILITY: 20% as needed over the next 12 months BIO: Chris is skilled in a broad range of leadership, management, operations, client service, business development, and staff development areas. As Otak's Colorado Region Manager, Chris is responsible for the oversight of all projects many active transportation trails projects. EDUCATION: BA, University of Colorado Denver; BS, Civil Engineering, Colorado State University PROFESSIONAL MEMBERSHIPS/REGISTRATIONS: Professional Engineer (CO) SELECT PROJECT EXPERIENCE: • Coffman Street Busway Improvements I Longmont., CO • CO 119 Bikeway Design I Boulder County, CO • 120t`. Avenue Widening — Dillon Rd. to Lafayette Boulder County, CO SCOTT BELONGEP, PF Project Manager EXPERIENCE: 25 years AVAILABILITY: 30% as needed over the next 12 months 810: Scott is Otak's Trails Practice Area Manager and has served as project manager and engineer on numerous projects at Otak since 2000. Scott has been involved in the planning, design, and management of over $200 million in trail, path, roadway, streetscape, traffic calming, underpass, and bridge projects. This includes over 40 underpasses/grade-separated crossings, 50 pedestrian bridges, and 250 miles of trails/paths. He has extensive experience with projects requiring CDOT approval. As an avid trail user, he has a personal understanding of how to design trail facilities and systems to optimize the user experience. EDUCATION: BS, Civil Engineering, University of Wisconsin PROFESSIONAL MEMBERSHIPS/REGISTRATIONS: Professional Engineer (CO, NM, WY) SELECT PROJECT EXPERIENCE: • St. Vrain Greenway Trail Phases 6, 7, 7B, 8, 11, 13 I Longmont, CO • Triple Creek Trail I Aurora, CO • McCaslin Boulevard Pedestrian Underpass/ Trailheads I Louisville, CO • Animas River Trail - North Extension I Durango, CO • CO 119 Bikeway Design I Boulder County, CO MEREDITH ASKHAM, PE Deputy Project Manager/ Trail Design Lead EXPERIENCE: 8 years AVAILABILITY: 30% BIO: Meredith has a broad background in civil engineering with a focus on roadway and trail design. Her expertise includes alignment analysis, roadside drainage and grading, design of local agency and federally funded projects, as well as working with owners and stakeholders to achieve the best design within project goals. She often works on multidisciplinary teams and leads coordination to ensure all components of the design are working together. She is proficient using the latest engineering software, including AutoCAD, Civil 30, and OpenRoads. EDUCATION: BS, Civil Engineering, University of Colorado Boulder PROFESSIONAL MEMBERSHIPS/REGISTRATIONS: Professional Engineer (CO) SELECT PROJECT EXPERIENCE: • St. Vrain Greenway - Phase 13 I Longmont, CO • CO 119 Bikeway Design I Boulder County, CO • Power Trail and Harmony Road Grade -Separated Crossing I Fort Collins, CO DAN BELTZER, PE Lead Structural Engineer EXPERIENCE: 30 years AVAILABILITY: 20% RIO: Dan has designed over 50 underpasses and vehicular and pedestrian bridges and thousands of square feet of retaining walls. He understands of how project variables impact the optimum structure selection allows him to design aesthetically pleasing retaining walls, bridges, and other structures in difficult locations that cost-effectively meet client needs. EDUCATION: BS, Civil Engineering, University of Cincinnati PROFESSIONAL MEMBERSHIPS/REGISTRATIONS: Professional Engineer (CO) SELECT PROJECT EXPERIENCE: • CO 119 Bikeway Design I Boulder County, CO • Animas River Trail North I Memorial Park to Oxbow Park; Durango, CO • Eagle Valley Trail (Phase 2) I Eagle County, CO • Cowdrey Draw/Mayhoffer Trail Bridges I Boulder, CO Weld County I Engineering Services for Weld County Trail Design Project RFP #82300074 3 GARY WOLFF, PE, D.WPE, CFM Lead Hydraulic Engineer EXPERIENCE: 41 years AVAILABILITY: 20% 810: Gary's primary areas of expertise include surface water hydrology, open -channel hydraulics, and river mechanics. His experience includes river and stream restoration, floodplain analysis and flood control, channel stability analysis and design, hydraulic design of bridges and culverts, bridge scour, dam removal, and environmental studies. He has a good understanding of the National Flood Insurance Program and provides floodplain permitting support for projects on a regular basis. EDUCATION: M.S., Civil Engineering - Water Resources (University of WA); B.S., Civil Engineering (Colorado State University) PROFESSIONAL MEMBERSHIPS/REGISTRATIONS: Professional Engineer (CO, OR, WA) SELECT PROJECT EXPERIENCE: • St. Vrain Greenway Phase 13 Bridge Hydraulics Longmont, CO • Triple Creek Trail I Aurora, CO • Godfrey Ditch Diversion and Fish Passage I Weld County, CO 'CATHARINE DUITSMAN, PE Quality Management EXPERIENCE: 17 years AVAILABILITY: 40% RIO: Kars experience includes geometric design, roadside design, cross section design, trail design, drainage, traffic control, erosion control, signing and pavement marking. Other experience includes project and utility coordination and state permitting. Kat is proficient in MicroStation, AutoCAD, InRoads and other design software. EDUCATION: BS, Civil Engineering, University of Illinois at Urbana -Champaign PROFESSIONAL MEMBERSHIPS/REGISTRATIONS: Professional Engineer (CO) SELECT PROJECT EXPERIENCE: • Superior Trail: BRT to Coal Creek - Final Design Superior, CO • McCaslin Trail Connection I Town of Superior, CO • CO 52/Weld County Road 41 Signalization Project Colorado Department of Transportation, Region 4 • Weld County Road 49 Design -Build I Weld County, CO RICH FOLLMER, PE, PTOE Traffic/At-Grade Crossing Design EXPERIENCE: 36 years AVAILABILITY: 40% RIO: Rich's experience includes preparing transportation plans and corridor studies, safety studies, access management planning, traffic signalization and signal system design. Rich also manages transportation planning projects for master - planned communities, operational analyses for congestion relief, and corridor studies for multi -modal improvements. EDUCATION: MS and BS Civil Engineering, University of Colorado -Denver PROFESSIONAL MEMBERSHIPS/REGISTRATIONS: Professional Engineer (CO) SELECT PROJECT EXPERIENCE: • Mason Transportation Corridor I Fort Collins, CO • On -Call Traffic Engineering Projects I Colorado Department of Transportation, Region 4 • Traffic Signal Design, South Suburban Parks and Recreation District I Littleton, CO TAMARA KEEFE, GISP L►tviror 'mental/Cultural EXPERIENCE: 28 years AVAILABILITY: 60% BIO: Tamara has experience in biological field surveys, geographic information system (GIS) analysis, and documentation and compliance with federal, state, and local environmental statutes and regulations, including the National Environmental Policy Act (NEPA). She regularly leads and supports the provision of technical reports and commonly participates on a team in the development of environmental documents to summarize existing environmental conditions, develop theories, and recommend solutions. EDUCATION: BA, Elementary Education; BS, Wildlife and Fisheries Science, University of Wyoming PROFESSIONAL MEMBERSHIPS/REGISTRATIONS: GISP, GIS Certification Institute, 2015, CN: 91409 SELECT PROJECT EXPERIENCE: • Bear Creek Floodplain and Trail Improvements Lakewood, CO • Standley Lake Loop Trail Alignment I Westminster, CO • St. Vrain State Park Wetland Mitigation Sites for North 1-25 Environmental Assessment I Weld County, CO 4 Engineering Services for Weld County Trail Design Project: RFP #62300074 I Weld County 2. List of Similar Projects Completed in the Last Five Years Otak (Colorado Region) has completed more than 300 projects over the past five years, more than 100 of which have similar elements to the County's project. We have selected 22 projects that are most relevant and that have provided us with a unique experience base to draw from to successfully deliver your project. PROJECT RELEVANCE AT -A -GLANCE *Note: Additional similar project information con be provided upon request.c Vf o ≥ O z" Z N Z 0 W W 0 v1 J C] Z z 0 0o 2 W a o �' a v ,_ W '-� 2 w ? m NW - o Ca ac z g W C _ a & Q ko W I-- z ' H 0 W� W a i U W a � _ cc u °O Z 1- pg W W C] J cc V1 'it,' u. Q oc gr. a" o W o z m o z ti.. o�c u- . a. Q v� v+ tJ ac- V St. Vrain Greenway - Phase 7; Longmont, CO • • • • • • • • h Little Thompson River Trail Project; Johnstown, CO • • • • • • • SH 119 Pedestrian Underpass at Hover St.; Longmont, CO • • • • • • • SH 119 Pedestrian Underpass at Airport Longmont, CO Road; • • • • • • • Fall River Trail Extension; Estes Park, CO • • • • • • • • Fall River Trail Extension (Segment 2B & 3); Estes Park, CO • • • • • • • • McCaslin Boulevard Underpass, Louisville, CO Trails, & Trailhead, • • • • • • • SH 42 Underpass & Trail Connections; Louisville, CO • • • • • • • Louisville Underpass Designs; Louisville, & Trail CO• Connections Conceptual • • • • • • US 36 Bikeway Extension; Superior, CO • • • • • • • Triple Creek Trail Planning & Design; Aurora, CO • • • • • • SMART 160 East Trail Connection; Durango, CO • • • • • • • • Animas River Trail Durango, CO North - Memorial Park to Oxbow Park: • • • • • • • SMART 160 Trail - River Road to Farmington Hill; Durango, CO • • • • • • Eagle Valley Trail - Dowd Juction: Eagle County, CO • • • • • • • • Eagle -Vail Phase 2 of the Eagle County, CO Valley Trail; Eagle • • • • • • Gore Valley Trail - Lionshead Planning & Design; Vail, CO • • • • • Maroon Creek Multi -Use Trail; Aspen, CO • • • • • • Montrose Connect Initiative Trail Design: Montrose, CO • • • • • • Paths to Mesa Verde; Montezuma County, CO • • • • • • • • • North Foothills Integrated Site Plan: City of Boulder OSMP • • • • • • Wildcat Trail Milliken -Firestone; Milliken, CO • • • • Weld County I Engineering Set vices for Weld County Trail Design Project RFP #82300071 5 3. Critical Issues Project Purpose The purpose of this project is to provide a safe and appealing multi -use trail connecting the St. Vrain Greenway/St. Vrain State Park, Union Reservoir, and the Town of Mead via the WCR 26 and WCR 7 corridors. Although this project will be managed by Weld County, the City of Longmont, Town of Mead, Town of Firestone, Colorado Parks and Wildlife, and Colorado State Land Board and their lease holders will all have significant interest in the project. Work Objective The objective of this work effort is to explore alternative path alignments to find the most appropriate alternative to design and then construct. The most appropriate alternative will provide the best balance of the following considerations: • Transportation efficiency • Accessibility • Connectivity • Safety • User Experience and Comfort • Site/Environmental Impacts • Maintenance • Right of Way (ROW) Impacts • Utility Impacts • Impacts to Traffic During Construction • Cost Critical Issues Multi -use trail projects such as this present many design challenges. We will rely upon our extensive project experience and knowledge of the project corridors to find cost-effective, low -impact, and user-friendly solutions to design challenges. The following text and Figure 1 on page 8 presents our analysis of and proposed approach to addressing the critical issues we have identified. Additional technical challenges may be identified after a detailed site review and collaboration with the design team. CROSSING OF THE ST. VRAIN CREEK FLOODPLAIN A crossing of St. Vrain Creek and associated floodplain will be required to provide the desired connection between Union Reservoir, Town of Mead, and St. Vrain State Park. Due to private property constraints to the west, and significant topographic challenges to the east, the ideal location to connect to the existing St. Vrain State Park trail system appears to be west of Pelican Pond. Considering that the mapped floodplain (FEMA Special Flood Hazard Area, SFHA) is 1 mile or more wide throughout this reach of the St. Vrain Creek, completely spanning the floodplain will be impossible. Any new structure built in the floodplain will have the potential to impact flood elevations and any properties in the floodplain. The proposed trail crossing of the floodplain appears to be located within the jurisdiction of the Town of Firestone and possibly Unincorporated Weld County depending on the exact trail alignment. Any development in the Special Flood Hazard Area (SFHA) including grading, trail construction, and bridges, will have to meet the local floodplain regulations (Town of Firestone Municipal Code, Weld County Charter and County Code) and will require a floodplain development permit (FDP). Otak has recently completed several projects in Weld County involving floodplain permitting coordinating with Weld County Floodplain Administrator, Diana Aungst, to address the County's requirements. While current effective mapping shows this area as a FEMA Zone A, preliminary mapping shows the area as a FEMA Zone AE with a regulatory floodway along the creek. While not yet effective, current practice in the region is to use the Preliminary mapping for floodplain management as best available information. Due to the floodway and need to develop within the floodway, this will require the project to meet a "no -rise" requirement or go through a more extensive map revision process (pre -project Conditional Letter of Map Revision, post - project Letter of Map Revision). In either case, the project must show no increases in 100-yr water -surface elevations on insurable structures. Given that there currently are no structures in the floodplain in this area, it may be challenging to design a structure that will not create an impact. The trail and bridge design will likely need to include other grading or modification to the channel to compensate for new obstructions created by the bridge approaches. Current hydraulic modeling used for the preliminary mapping in this area is very complex, which adds challenges to the analysis and ability to achieve a "no - rise" condition and no impacts to insurable structures anywhere in the floodplain. Our team has extensive recent experience with the modeling of this reach of the St. Vrain gained through our work on the St. Vrain Greenway - Phase 13 project. Based on this experience, 6 Engineering Services for Weld County Trail Design Project RFP #82300074 Weld County we will be able to get up and running on this analysis quickly and have the knowledge and experience with this modeling to evaluate design alternatives that will either meet a complete "no -rise" condition or at a minimum do not have any impacts to insurable structures. The proposed bridge to connect the trail to St. Vrain State Park could be located near the Last Chance Ditch diversion structure. Improvements to the diversion structure could be one way to compensate for impacts from the bridge approaches. The Last Chance Ditch diversion structure is also located in this vicinity. It may be possible to design improvements to the diversion that could compensate for potential impacts to the floodplain associated with the proposed bridge and approach trail. It will be essential that we identify a viable crossing location to make the connection to St. Vrain State Park. Other design decisions may be contingent upon the creek crossing location. If no viable crossing location can be found, a fallback plan could be to connect to the St. Vrain Greenway - Phase 13 alignment by following the WCR 5.5 corridor. However, this would not provide the desired direct connectivity to St. Vrain State Park, the Southwest Weld County Service Center, or other destinations further to the east. Also, based on our experience in the St. Vrain Greenway - Phase 13, the residents of Meadow Vale Cove may resist use of the WCR 5.5 corridor, The Spring Gulch north/south corridor could also be considered. However, this would provide even worse connectivity between the WCR 7 corridor and St. Vrain State Park and other destinations to the east. COLORADO STATE LAND BOARD PROPERTY As mentioned above, the ideal connecting point to the existing St. Vrain St. Park appears to the west side of Pelican Pond. This connection point would require crossing property owned by the Colorado State Land Board and co -managed with Colorado Parks and Wildlife (CPW). This property is currently being leased to Ecosystem Investment Partners for development of a wetlands mitigation bank by Rocky Mountain Mitigation in conjunction with the State Land Board's Ecosystem Service program. Recreational trails are not normally included in wetlands mitigation projects. However, since a trail connection in this approximate location is included in CPW's long term plan for the park, it may be possible to integrate the proposed trail connection into that plan. This would require close coordination with the State Land Board, CPW, and the lessee. Considering that the wetlands bank is in the early stages of design and no floodplain modeling has been undertaken, this may present an excellent opportunity to combine the proposed trail improvements and the wetlands mitigation improvements to eliminate negative impacts to the floodplain caused by the trail. • • Liberty Gulch drainage, Oligarchy Ditch lateral, and Oil and Gas access will add complexity and cost to an underpass in this location. This could also be an opportunity to improve drainage capacity of the existing Liberty Gulch drainage structure beneath WCR 26. WCR 26 CROSSING Considering that Union Reservoir is north of WCR 26 and St. Vrain State Park is south of WCR 26, a crossing of WCR 26 will be required. The ideal location for the crossing would likely be near WCR 7. Due to high traffic volumes and speeds in this location, a crossing should be via a new underpass / tunnel. However, this location provides several significant challenges for an underpass. Liberty Gulch and the Oligarchy Ditch Lateral both provide grading, drainage, and groundwater challenges. There is also an oil and gas access road in this area. We will utilize our extensive underpass design experience to properly evaluate the expected challenges and costs associated with this site. Alternatively, we could consider an at -grade crossing of WCR 26 west of WCR 5 where traffic volumes and speeds are lower. However, this would require crossing the Elms Community HOA property or utilizing the existing curb attached sidewalk north of the Elms Community. Determining the best location and means of crossing WCR 26 will require a careful consideration of trade-offs to find the best balance of connectivity, site impacts, adjacent property concerns, and cost. Weld County I Engineer rng Services for Weld County Trail Design Project RFP #82300074 Weld County I -r .r 'I^+' (ifi0 ..r'l J .'f • h Y, (lc i it f '(' 'f} Pr.) "I RIP L THIS PAGE IS INTENTIONALLY LEFT BLANK WCR 7 TRAIL ALIGNMENT AND AT -GRADE CROSSING LOCATION Otak is currently working for the Town of Mead to design an underpass beneath CO 66, west of WCR 7 and a trail long the west side of WCR 7. The trail currently in design will end at Branding Iron Way. west or WCR 7. so we know that northern terminus will be west of WCR. 7, while Mead High School is on the east side of WCR 7. We expect that an at-gratte crossing to connect the proposed trail to the High School will be require°. We will consider locating an at-gr ade crossing at Branding Iron Way, WCR 28, and/or at the High School dr iveway to find the best balance of safety and connectivity to adjacent destinations. FHU will identity alternate crossing treatments for consider ation CONNECTIVITY TO UNION RESERVOIR Inc City of Longmont will soon be developing Infr astructure improvements that were identiftea in the Union Reservoir Recreational Master Plan. This may include development of a perimeter trail around the Reservoir anti re -alignment of WCR 26. Our design will be closely coordinated with these plannea improvements to provide seamless connectivity at the western terminus of the project. GREAT WESTERN RAILWAY CROSSING; The WCR 2f, segment of tins project will require an at -grade crossing of the Great Western Railway. This crossing should be done in close proximity to WCR 26 to be considered part of the exisung at -grade ►oadway crossing. Thus crossing sttould be easily approved by Me Public Utilities Commission (PUC.) However, it is imponant that coordination with both the Great Western Railway and me PIJC he done early in the process to avoid delays with the Railroad Clearance Certification at the end or the project. FHU, with their extensive expenence with railroad coordination and crossing projects, will lead this etfort. IRRIGATION FACILITIES h r igatlon ditches are located in various locations along both WCR 7 aria WCR 26. Our design team will establish a clear understanding of the location, ownership, and function or vie irrigation ditches in the project tunas to be sure that impacts to ditches and _My potential modifications are fully considered tin the project cost aria schedule It may be possible to pipe sections at the Oligarchy Ditch lateral along WCR 26. as was done adjacent to the Elms Community, to reduce maintenance ono water loss and improve function of me ditch and alkwi room for ronstructton of the trail. Weld County ENVIRONMENTAL Our environmental team led by lemma Keefe (rum FHU understands the importance of protecting and maintaining the surrounding natural resources while connecting communities with trail access. The ream will evaluate and identify environmental resources within the project area including. wetlands and other Waters of the U.S., migratory bird habitat and nest sites, sensitive species habitat and non-native vegetation and noxious weeds, using existing data sources, and an on -site survey. The environmental team will initiate work quickly on key resources to avoid delays later ,it the NEPA clearance and continue cooroinanorr with Weki County. COOT_ and other agencies throughout the lite at the project. FHU nas worked with Ben Pedrett, the CPW Pat k Manager at St. Vrain State Park on the CULT Wetland mitigation sites and with the COOT Region 4 Environmental Staff on multiple projects. We will coordinate with outer local. state, and federal agencies as necessary to identify appropriate permitting and mitigation metnods. Environmental concerns for this project include: • Potential impacts to St. 'Odin Creek ditches, and wetlands which may require a Section 404 permit from USACE Coordination with CPW for Section 60) (Land aria Water Conservation Funds) Property and imparts for trail connections • Raptor nests and potential restrictions • Age eligible historic properties and potentially historic Oligarchy Ditch A key early task in this project will be determining the preferred trail alignment through an alternatives evaluation process. In coordination with project stakeholders, we will develop a set of cnterta for evaluating the relative pros and con:; of various alignment alternatives - important factors to assess will include environmental impacts. connectivity with the existing St. Vrain trail system, safety and traffic considerations (especially for alternatives that include street crossings), and cost/ease at implementation. Given the substantial amount of designated wetland and ripai tan areas within St. Vrain, State Park. one or more trail bridges may be necessary, and the sc ecihc environmental ramifications of any new structures in natural spaces will be an important component of the alternatives evaluation as well.. Drawing from previous experience, as the project advances, the environmental team will work closely with me design team, Weld County, and CDOT, so we can quickly address any questions and alleviate any concerns, and efficiently gain environmental clearances and pet milting for the project. .r• I' '-•i'i ; > rR y Trait nn.,'r, i'•r"IN PIP af; ?,113.74 9 4. Proposed Schedule: Ideas & Suggestions Although we would love to say that the desired 12 -month schedule (per the County's answers to questions dated June 8, 2023) can be met and present our predetermined schedule committing to having final construction documents and right-of-way (ROW) acquired within a year, based on our understanding of the goals of the project, our recent relevant experience on similar projects, and familiarity with the unique challenges of the project area, we believe this may not - be achievable. In our opinion, a firm that tells you it can complete the alignment study and final design including ROW -work in 12 -months (or by May 1, 2024) does not fully understand the project or the processes and coordination it will take to get your project done right. As mentioned in the project understanding section, the alignment location that will provide the best connectivity to the desired destinations must cross St. Vrain Creek on property owned by the Colorado State Land Board (SLB) that is currently planned to be developed as a wetlands mitigation bank. Although we know that the State Park is eager to develop a trail in this location and the SLB tenant is willing to collaborate with this project, this will require close coordination with the wetlands mitigation bank design and require the completion of complicated floodplain modeling that will take time to complete and will, in large part, dictate the schedule of the project. Otak is uniquely prepared to tackle this complicated portion of the project as quickly as possible after project kickoff. We have already discussed this project with Ben Pedrert at St. Vrain State Park, Mindy Gottsegen at the SLB, and Stephen Deckers at Rocky Mountain Mitigation (SLB's wetland mitigation bank development partner/tenant) and have a good understanding of their basic preferences and expectations. We have already developed a strong understanding of the site and will hit the ground running to advance this collaboration and determine an acceptable location for the trail through St. Vrain State Park and the wetlands mitigation site. We will focus on resolving this element of the project/alignment early in the project. The alignment of the trail into and through St. Vrain State Park will likely also influence the preferred alignment location of other elements of the trail in Longmont and Mead. Once the alignment into and through St. Vrain State Park is determined, we will shift focus to developing FIR plans for the entire project as quickly as possible so that ROW plans can be prepared and the ROW acquisition process, including appraisals can begin. 10 While collaborating with the St. Vrain State Park and the SLB tenant, we will simultaneously meet with other lar rduwrrers and stakeholders to gauge their level of interest in providing easements to determine viable alignment locations elsewhere on the project and backup plans if crossing the SLB property and/or the St. Vrain Creek floodplain is determined to be unfeasible. This way we can pivot, if needed, to other alignment locations without losing time. In addition to determining the trail alignment through St. Vrain State Park and the SLB wetland mitigation site, in our experience, the anticipated level of effort required to model the St. Vrain Creek floodplain and the floodplain development permit process will need to be considered in the project schedule. We will not be able to finalize our preferred alignment until we can confirm that a new bridge over the St. Vrain Creek can meet the floodplain development permitting requirements. As discussed in our project understanding section, the hydraulic modeling in this reach of the creek is quite complex and will take time to complete properly. The Otak team will leverage our hydraulic modeling experience from the St. Vrain Greenway - Phase 13 project to expedite this process. Our team already has developed a HEC-RAS model that covers this area and possesses intimate knowledge of the idiosyncrasies of the model allowing us to work diligently from "day one" to find the best solution to this complex problem. No other firm in contention for this project has the understanding and experience to dive into this modeling challenge and expedite this critical step of the process. FHU will also leverage their strong understanding of this project site and understanding of the CDOT environmental permitting process to complete the required environmental clearances to allow our team to proceed with ROW acquisition as soon as the FIR plans and ROW plans have been approved. We understand that the primary motivation for the desired 12 -month schedule is to position this project for future grant funding for the construction phase. Although it might be ideal to have final construction plans and ROW acquisition completed when pursuing grant funding, in our experience, we believe we can have this project well positioned for additional grant funding within 12 -months by determining a feasible preferred alignment, completing at least FIR level designs for the project, developing a solid construction cost estimate, and establishing ROW acquisition needs throughout Engineering Services for Weld County Trail Design Project: RFP #B2300074 ( Weld County the project footprint. Rather than rushing the process looking for an alignment that avoids the unique challenges and opportunities throughout the project area, we recommend focusing on finding the alignment location that will best serve the public. If meeting the 12 -month schedule is preferred by the County, we recommend avoiding a new crossing of the St. Vrain Creek and crossing of the SLB parcels. In this case, we would focus on establishing the north/ south connectivity to St. Vrain State Park along the WCR 5.5 corridor or attempt to locate the trail within open space parcels owned by the Meadow Vale Farm HOA. However, based on our experience on the St. Vrain Greenway - Phase 13 project, we expect the Meadow Vale Community to resist these options. If including the "elegant solution" trail through St. Vrain State Park and crossing of the St. Vrain Creek is desired along with complying with the 12 -month schedule, we could work with the County and other project stakeholders to "segment" or "phase" the project leaving the St. Vrain State Park/St. Vrain Creek crossing as a later segment/ phase of the project with temporary solutions, as needed, along WCR 26 and WCR 7. We appreciate the opportunity to provide our initial ideas/suggestions for meeting the proposed schedule of the project. If selected, we look forward to collaborating with the County, COOT, and other project stakeholders to develop a realistic schedule to drive this important project forward while accomplishing your shared vision and goals for this project Weld County I Engineering Services for Weld County Trail Design Project: REP #82300074 11 S. Scope of Work Based on our experience designing trail and multimodal corridor projects similar to this project, we have identified the project tasks in table below. Upon award, our proposed Project Manager, Scott Belonger, will work closely with Weld County, CDOT, and our other project partners to refine the project scope and budget to best meet the County's needs and achieve the stated project goals. Once finalized, our team will diligently and responsibly execute tasks to complete the design of this project. We will carry out these tasks in the manner described, with the desired outcome of each task firmly in mind along the way. Summary Scope of Work ASK DESCRIPTION METHODS/TECHNIQUES DESIRED OUTCOME 1 Project 1 Management and Coordination In partnership with the County and and execute a Project Management detailed scope, schedule, and budget); subconsultants on the right tasks facilitate coordination among team stakeholders throughout the project. CDOT, develop Plan (including engage at the right time; members and Continually advance the design to an optimal solution while collaborating and communicating with project team and stakeholders, keeping the project on -schedule and within budget. Z Kickoff and Data Collection Define and confirm requirements for surveying, geotechnical engineering, and SUE; gather accurate and appropriate data for the level of design; work with utility providers to coordinate utility designs with the project. Provide reliable information on which to base the selection of a preferred alternative and, ultimately, complete the final design. Effectively accommodate utility imoacts and needs to control cost or schedule impacts. 3 Stakeholder Engagement Engaging stakeholders, including and Wildlife, State Land Board Mead School District, Great Western irrigation companies, and others key component of determining location for this project. We will properly guide the alternatives Colorado Parks (and their lessee), Railway, will likely be a the best alignment initiate this early to analysis. Find the best overall alignment acceptable to all stakeholders, as early as possible in the avoid having to backtrack conditions or limitations provided stakeholders. that is identify this process and due to unforeseen by our 4 Preliminary FIR Design (FIR) Desg with community/ environmental (as needed). Prepare compare to funding meeting with CDOT. . Deliver a quality preliminary design and cost estimate that addresses varying needs and identifies issues for resolution so that work can progress to detailed final design. p g g Perform preliminary design (FIR -level) stakeholder involvement. Advance Permitting and ROW evaluation preliminary -level cost estimate to sources/level. Conduct FIR review 5 Final (FOR) Design Prepare accurate FOR -level plans that incorporate FIR comments from the County and CDOT, address the requirements and needs of the County and incorporate stakeholder input. Ensure project meets requirements and engineering cost estimate and bidding the project. design standards/ prepare an updated to aid in budgeting 6 Construction Final Documents Prepare CDOT and County -compliant, complete, accurate, and constructible set of plans, specifications and bid tabs for bidding complete a final engineers estimate; obtain final advertisement approval from CDOT. Delivery of complete, high -quality, biddable, and constructible set of plans, specifications, and bid tabs along with a final engineer's estimate , .: • t , contractor 5elect,on. 7 Bidding and Post -Design Services Assist the County in obtaining competitive conform to County and CDOT local bids to agency procedures. Viable construction bids received and a contractor selected to construct roject within budget and a reasonable schedule. 8 Environmental Permitting Provide the County with a streamlined environmental approach that meets project schedule deadlines while minimizing and mitigating environmental risks. Quickly identify affected resources, required analyses, and agency coordination. Early coordination with environmental agencies so there are no surprises. Timely submission and approval of environmental documentation. Finalized CatEx within a reasonable time frame to avoid any schedule delays. 9 Property Coordination (if P Owner and ROW Acquisition needed) Coordinate with adjacent property owners; understand j and address their needs/concerns. Identify and aid the County in obtaining right-of-way/easements needed, if required. Property owner needs and concerns accommodated in desi n to ensure preferred alignment is maintained, lessen impacts durin construction, and avoid surprises g p and potential delays. 12 Engineering Services for Weld County Trail Design Project RFP #82300074 Weld County 6. References St. Vrain Greenway Trail Phase 13 Longmont, CO Since 2002, Otak has partnered with the City of Longmont (City) on numerous projects, including completing five previous phases of the St. Vrain Greenway Trail (SVGT). By leveraging this longstanding client relationship and excellent history of past project performance, our extensive portfolio of similar projects, a well -conceived project approach, and months of intentional pre - positioning efforts, including site research, strategic teaming, and asking the right questions of City staff, we were selected by the City to provide trail planning and design services for the St. Vrain Greenway Trail Phase 13 (Phase 13) project. CLIENT: City of Longmont REFERENCE: Danielle Cassidy, Open Space Manager 303.651.8448, danielle.cassidy@ longmontcolorado.gov KEY STAFF: Chris Bisio, PE; Dan Beltzer, PE; Gary Wolff, PE, D.WRE, CFM; Meredith Askham, PE; Scott Belonger, PE ART North — Memorial Park to Oxbow Park Durango, CO This project extended the Animas River Trail from Memorial Park to Oxbow Park on the north end of the city. This approximately one -mile, multi -phase extension of 10 -foot wide concrete multi -use trail includes three segments. Segment 1 consists entirely of an underpass beneath the existing 32"1 Street bridge, a separate pedestrian bridge over the Animas River adjacent to 32"-1 Street, and an at -grade crossing of the Durango and Silverton Narrow Gauge Railroad (RR). This segment was designed to have no impact to the 100 -year floodplain and avoid the need for a CLOMR. Segment 2 extends the trail north from Animas City Park through a narrow corridor constrained by topography, existing utilities, and the RR to E. 36" Street. The third and longest segment includes an at -grade trail crossing of the railroad at E. 36 Street and a stretch of trail near existing grade that is tucked between railroad clear zone and private property. CLIENT: City of Durango Parks and Recreation REFERENCE: Scott Chism, Project Manager (now with Aspen) 970.429.2021 scott.chism@aspen.gov KEY STAFF: Dan Beltzer, PE; Scott Belonger, PE CO 119 Bikeway Design I Boulder County, CO Otak is providing trail design and structural engineering services for the CO 119 Bikeway project on behalf of Boulder County Public Works. CO 119, affectionately referred to as the "Diagonal Highway," is approximately 7,6 miles long and extends from 471n Street in Boulder to Airport Road in Longmont, serving as a key connection between several communities and providing access to critical employment centers, countless recreational activities, and opportunities for cycling. CLIENT: Boulder County Public Works REFERENCE: Alexandra Phillips, Bike Planner/Transportation Coordinator 303.441.4520 aphillips@bouldercounty.org KEY STAFF: Scott Belonger, PE; Chris Bisio, PE, Meredith Askham, PE, Dan Beltzer, PE 7. 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Control, Work Location Familiarity, & UDBE Goal THIS PAGE IS INTENTIONALLY LEFT BLANK Consultant Cost Control Otak controls budgets by using the following procedures: Proactive Project Management: Quality engineering requires managers wizen ai a committed to the work and assertive in controlling schedules. budgets, and Quality. Otak's project managers and project engineers understand these concepts and will effectively manage in-house and subconsultant disciplines. Our assigned project managers ensure that we provide excellent service on time ano on budget. Thorough Scoping+ We will meet with County staff to develop a thorough understanding of our scope of services. This scope will be determined based on the County requirements and our experience on similar protects. Thorough Planning: We will develop a project plan that includes a description of project tasks, standards, statfing plan, schedule, public open house schedule, and submittal time frames. The level of detail in this plan depends on the project size and complexity. Accurate Estimating: We will determine staffing protections for the required scope. He will develop scopes of service and fees fur subconsultanrs assigned to the work, Ongoing Cost Accounting: We will perform detailed cost tracking on an ongoing basis to ensue that we are progressing the work and staying within budget. He will provide audits of to -house and subconsultant costs to help assure budget adhet etue. Costs are tracked using our accounting software (Deltek Vantagepointi and in-house Excel spreadsheets. With ongoing thorough management of out design process and budgets. Otak has developed an excellent reputation fur delivering high quality plans and design on time and within budget. Construction Cost Control Otak's control of construction costs is achieved by first creating a well -conceived design that meets your objectives. We prepare what -if scenarios during design to determine costs ana modify our design to ensure that we stay within your budget. Otak controls construction costs by implementing the following procedures: O��ciasPECi rc CO S'a 4•S Controlling • coot t..na,y • Change Min .nS$t • wvac Planning • Scope • Schedule •ate Loading • o,e.cu.. (car unit at en • t amcoadnalo l - Mans S Organising seism team • ties younda.ioa • LP RnooniiltIIMn kiccas Meautips ttftc• that Manes nIt Accurate Plans and Specifications: We will prepare construction documents that are consistent, clear, and concise, allowing bidding contractors to "sharpen their pencils" and minimize their risk to provide the lowest possible bids. Accurate Cost Opinions: Accurate Cost Opinions: Accurate, checked quantities and cost estimates are important to develop budget estimates. Otak's team utilize, publicly available bed data as well as our own internal database of bid results to prepare accurate cost estimates for our clients • Reduce Contractor Risk: Otak will reduce contractor risk by providing plans and specifications that are easily understood and consti uctible. If a contractor thinks that a design will he difficult to build or identifies deficiencies in the construction documents, it will cost more. Otak's considerable similar experience ensures that neither of these will be an issue. Constructibility Review: Our seasoned cosign ana construction management staff will review designs to ensure they are easily constructible ano that our plans are clear, concise, and consistent to avoid contusion We often meet with contractors to solicit input on unusual construct:on items or on scheduling and phasing matters. Weld County i r..,nr. 'in ;ilr ;i ,'i ,arkl; ) n yTr„I lir i.iri Crrir•i f'ff :iR ai i' 7 • 17 Ongoing Schedule Monitoring Schedule control is achieved by providing a detailed critical path method schedule at the outset of the project and reviewing progress on a regular basis to determine if we are staying on target to meet critical milestones. If critical deadlines are in jeopardy, we will switch priorities or allocate additional staff members to ensure that your needs are being met. We also recognize that the client's priorities change; a routine repair can become an emergency. Quality Assurance/ Quality Control Otak is committed to providing quality design through implementation of our Quality Management Program that addresses both Quality Assurance and Quality Control throughout the life cycle of our work orders. Our process consists of the following: Quality Assurance: Our Quality Assurance (QA) approach defines the quality control steps for each type of project/work order, outlining how quality control will be carried out. QA also includes monitoring compliance with our quality requirements. QA is an independent function from the project team's work and is performed by staff members experienced in the specific discipline, or who oversee several areas of the firm's professional services. Our QA by senior staff ensures that quality control procedures during design and construction are being followed. Quality Control: The purpose of quality control (QC) reviews is to identify and correct errors that may occur in preparing designs, plans, and specifications. A QC Plan will be prepared for the project, commensurate with the complexity of the work order will determine the detail required. The elements of our Quality Control approach include: Conceptual Review: Review by senior staff to ensure all options have been considered in determining design concepts. This is a big picture review at the beginning, and then an ongoing review to ensure that the scope of the design is appropriate. 18 Drawing Review: Plan review by senior staff prior to each submittal to check that the drawings are clear, concise, correct, consistent, complete, and constructible. Calculation Check: An independent review of critical calculations performed prior to construction. Specification Review: Plan and Specification review of each discipline by senior staff prior to each submittal to ensure that the drawings correlate with the specifications. Cost Estimate Review: Review by senior staff to ensure accurate cost estimates. Otak strives to continually improve the quality of our projects. Systematic problems are identified and corrected. Training and rnentoring is implemented to provide staff with the tools required to improve the quality of their work. CDOT Local Agency/Federally Funded Project Experts Since the adoption of the CDOT Local Agency Manual, and over a span of 30+ years, Otak has helped clients throughout Colorado navigate the Local Agency process, ensuring that their projects are seamlessly funded and designed/built. We are currently working with CDOT Region 4 Local Agency Coordinators on a handful of projects, including Brandon Johnson and Jake O'Neal on the Coffman Street Busway Improvements (County of Longmont) and Little Thompson River Trail (Town of Johnstown) projects, respectively. We will leverage our existing relationships with the Local Agency Coordinator of your projects, no matter if it is Brandon, Jake, or someone else, allowing us to "hit the ground running" on the CDOT Local Agency process and get the project going right away. We have worked on dozens of Local Agency projects, ranging in scope, size, and complexity. Trust Otak - as many of our Local Agency clients have - to comply with CDOT requirements, ensuring your federally - funded projects are on time for successful and timely reimbursements. Engineering Services for Weld County Trail Design Project: RFP #82300074 I Weld County Work Location Familiarity From Eaton to Erie and Thornton to Windsor, Otak and our teaming partners have worked across Weld County on projects ranging from trails and arterial roadway improvement projects to fish passage and stream restoration projects. We have developed strong working relationships at the County, CDOT Region 4, the Towns of Mead and Firestone, the City of Longmont, and Colorado Parks and Wildlife (CPW) that will help us hit the ground running on this project. Otak is actively working on trail -related projects for the Town of Mead (CO66/WCR7 Trail and Grade - Separated Crossing) and the City of Longmont (Saint Vrain Greenway Phase 13) both of which will directly connect into this project. Having worked in and around Weld County for over 25 years, Otak and our team members are familiar with Weld County design -related policies and standards. Case in point, since the mid -1990s, FHU has completed 59 projects for the County. Kat Duitsman, in particular, has extensive successful experience designing projects to Weld County standards having managed FHU's Weld County Road 49 Design -Build project. Kat will help our team prepare for success from the beginning of the project, so we confidently meet the County's expectations and design standards. Otak has extensive experience with hydraulic analysis, C/LOMRs, and the flood hazard development permit process in Weld County. We have a very strong working relationship with Diana Aungst with whom we look forward to working again on the related elements of this project. Our project team, led by proposed Project Manager Scott Belonger, understands how this project aligns with the County's stated goals in the Weld County 2045 Transportation Plan including (but not limited to): • TP.Policy 1.4: Avoid or minimize potential conflicts among different transportation modes. • TP.Policy 1.9: A county -wide trail system should be promoted to offer additional transportation options and for recreational purposes. • TP.Policy 1.12: Consider a multi -modal transportation system that assists in reducing congestion on the roadway network • TP.Policy 1.13: In urban areas, promote on -road bike lanes for cyclists, and off -road or detached sidewalks/side path trails for pedestrians and bicyclists serving higher population densities. In rural areas, promote bikeable shoulders on roadways whenever feasible. • TP.Policy 2.2: Improve communication and collaboration with local agencies to create partnership opportunities on construction projects. • TP.Policy 3.2: Plan for future regional multi -modal transportation needs by providing connectivity between the communities. • TP.Policy 3.4: All County infrastructure should be designed and constructed in accordance with Weld County Engineering and Construction Guidelines. • TP.Policy 4.9: Promote bikeways and sidewalks in new developments to link residential and employment areas, commercial centers, recreational and open space areas, and educational facilities. • TP.Policy 6.1: Pursue state and federal grant funds to assist in constructing new capital improvement projects. Any new transportation facilities should be designed to minimize future maintenance costs without sacrificing safety. We look forward to partnering with the County to ensure this project helps contribute meaningfully to achieving the relevant goals outlined in the 2045 Transportation Plan. Finally, Otak's Louisville office, where our proposed delivery team is based, is only 23 miles (an approximately 30 -minute drive) from the project site, making on -site project coordination easy if desired. We are actively working on projects in Weld County (including in Longmont, Mead, and Greeley) and frequently find ourselves in the project area and near Weld County's offices. Meeting on -site or at the County's offices will be easy and efficient. Weld County I Engineering Services for Weld County Trail Design Project. RFP #B2300074 19 Colorado Department of Transportation AFFIDAVIT OF SMALL BUSINESS PARTICIPATION THIS PAGE IS INTENTIONALLY LEFT BLANK Project Description Engineering Services for Weld County Trail Design Project Contract NTE $ DBE Contract Goal % 5 SECTION 1. CONSULTANT INFORMATION Prime ConsultantOtak, Inc. Consultant is an ESB • Compliance Contact Name Maddie Woods, ENV SP STP Consultant is a OBE Q Email madeline.woods@otak.com Address 371 Centennial Parkway, Suite 210 Louisville, CO 80027 1B2GNow Vendor 'Phone 720.758.7753 k 20331672 SECTION 2. DBE PARTICIPATION PLAN Fill in All Lines: ' The consultant is committing to (as of ad date of REP, firms with unsuccessful ' The consultant is committing to approximately ' The consultant is committing to approximately The Prime Consultant shall submit a Professional that provides work or provides supplies whose 0 # of DBE firm(s) not teamed with allowed, each firm must be listed 5% in the past 2 years in this section). of DBE particpation based on NTE S. DBE goal based on the NTE $. Questionnaire for every DBE on this contract goal for this contract. bids $ Services participation Commercially Useful Function counts toward the DBE contract All DBE firms (Subconsultants, Supplier/Vendors, Prime if self performing) Work Descriptor (i.e. survey, testing) NEW DBE Teaming Partner? ONLY for Project/Program Specific RFP/SOIs Approximate t of Participation Clanton & Associates 0 Vendor IN No 3.5% ❑ Yes Chickenango Marketing Solutions Vendor 0 Yes 1.5% ■ CI No ❑ Vendor 0 Yes ❑ No Vendor in S Yes ❑ No Vendor ❑ No MI ❑ Yes vendor ❑ Yes II No Vendor 0 Yes ill U No Vendor III Yes a Q No ❑ Vendor ❑ Yes Q No Vendor ❑ Q Yes III No vendor II ■ Yes ❑ No _ If more DBE subs/suppliers vendors, add additional sheet w/RFP (WI) Page 1 Jul 2022 Colorado Department of Transportation AFFIDAVIT OF SMALL BUSINESS PARTICIPATION SECTION 3. ESB PARTICIPATION PLAN Fill in All Lines: ' The consultant is committing to 0 t/ of ESB firm(s) not teamed with in the past 2 years (as of ad date of RFP, firms with unsuccessful bids allowed, each firm must be listed in this section). • The consultant is committing to approximately S of ESB particpation on this RFP/SOI. • The consultant is committing to approximately 5% % ESB goal based on the NTE $. All ESB firms (Subconsultants, Suppliers/Vendors, Prime if self performing) and Level Clanton & Associates Chickenango Marketing Solutions Vendor n Vendor Vendor Vendor Vendor Work Areas (i.e. survey, testing) New ESB Teaming Partner? n Yes No Yes El No n Yes ❑ No ❑ Yes ❑ Yes n No n Yes ❑ No n Yes ❑ No ONLY for Project/Program Specific RFP/SOIs Approximate % of Participation 3.5% 1.5% If more ESB subs/suppliers/vendors, add additional sheet SECTION 4. DECLARATION OF AFFIDAVIT By signing below the Consultant affirms the statements made in this document are true and complete: The Consultant shall make good faith efforts to meet the contract goal for each task order under the overall contract. The Consultant understands that making good faith efforts to achieve the contract goal is a condition of contract award. The Consultant understands that promised participation is a binding obligation of the contract if awarded. The Consultant attests that the information above is true and understands that a fraudulent misrepresentation or failure to make good faith efforts to meet the contract commitments or promised participation may result in the withholding of progress payments, reduction of prequalification status, referral of the matter to the Office of Inspector General of the USDOT and/or other contractual remedies. Scott Belonger, PE Senior Project Manager (Owner or Executive Officer Name AND Title) aricrieze-war--- of (Tracked Signature Accepted) Attached with proposal (RFP) and small business plan (for scoring) Otak, Inc. (Consultant Company Name) August 4, 2023 (Date) Jul -22 w/RFP (SOI) Page 2 Jul 2022 THIS PAGE IS INTENTIONALLY LEFT BLANK Otak 371 CentennialParkway,1 Louisville, CO:11 ' • I ! • . • Otak ..•4141k. November 28, 2023 Office of the Weld County Purchasing Department Weld County Administrative Building 1150 O Street, Room #107 Greeley, CO 80631 Re: Engineering Services for Weld County Trail Design Project, RFQ #82300074 Dear Evan: Thank you for selecting the Otak team for this project. Our anticipated scope of work and fee proposal are included herein for design through construction for Phase 1 and 30% design for Phase 2 as further described below. Additionally. subconsultant proposals have been attached. In developing our scope of work, we have assumed that the trail design will include the following major elements: Phase 1 — Final Construction Documents (Trail connection from Union Reservoir to Mead High School on the north side of WCR 26 and west side of WCR 7): • A pedestrian bridge crossing of Barr (Kelso) Gulch north of WCR 26. Alternatives that includes a crossing of Barr (Kelso) Gulch via culvert or culvert extension instead of a bridge will also be considered. • An at -grade crossing at the Great Western Railway including coordination with the Public Utilities Commission (PUC) and improvements to both the roadway and proposed trail crossing. • Evaluation of impacts to existing irrigation facilities, including design and construction documents (including structural design and detailing) for up to three (3) existing irrigation structures. • Up to three (3) at -grade roadway crossings, including crossings at Mead High School and Elms at Meadow Vale. • Easement acquisitions according to the Uniform Act from up to five (5) separate property owners. This includes appraisals and appraisal reviews. Depending on the current and future status of development plans, new easements may not be required or the need for appraisals may be waived. Phase 2 — Trail Study & 30% Design (Trail connection from WCR 26 to St. Vrain State Park, connection to Mead High School west side of WCR 7, and Trail Connection from Mead High School to Liberty Ranch): • A pedestrian underpass / tunnel near the intersection of WCR 7 & 26. Up to three (3) underpass locations will be considered. • Pedestrian bridge over Barr (Kelso) Gulch, south side of WCR 26. • Pedestrian bridge over St. Vrain Creek in St. Vrain State Park. 371 Centennial Parkway, Suite 210 I Louisville, CO 80027 I Phone 303.444.2073 I otak.com o:\projectI20900\20998101 marketinglfee proposal)wctd-fee proposal -- 2023-11-15.docx Page 2of10 Engineering Services for Weld County Trail Design Project November 28, 2023 1. Project Coordination and Management Team Coordination Team coordination for Otak includes general project administration and management, scheduling and budget tracking Otak will have ongoing management and coordination with all subconsultants on the project Monthly Billing Otak will invoice on a monthly basis for all work completed, review and process subconsultant invoices according to CDOT requirements for reimbursement Meetings The following meetings are included in Otak's proposed scope of work Kick off Meeting Otak will coordinate with the County to schedule the project kick off meeting Our team will prepare an agenda, necessary graphics, and distribute minutes The meeting is expected to be 2 hours and will be in person Bo -weekly Progress Calls Bi-weekly meetings between Otak and the County will be held during each phase of design Meetings are assumed to be virtual, lasting a maximum of 1 -hour The project team will prepare an agenda and distribute meeting minutes electronically to attendees Otak assumes the following • Four (4) meetings during the Alignment/30% Design phase • Six (6) meetings during the FIR Design phase • Eight (8) meetings during the FIR Design phase Stakeholder Meetings Meeting with stakeholders throughout the design process will be instrumental to ensuring that the design meets the needs of impacted parties while accomplishing the goals set forth by the County Stakeholder meetings are assumed to occur during the alignment study and 30% design phase The goal of these meetings is to understand existing and future land use, development plans, oil and gas operations, etc Otak will participate in a maximum of three (3) stakeholder meetings Attendees will include the core project team plus additional stakeholders identified by the County This may include ditch companies, the school district, State Parks, and other agency departments Additional coordination meetings with State Parks is included in the Phase 2 scope Property Owner Meetings Otak will participate in meetings with affected property owners during the 60% and 90% design phases of the project Otak assumes the following • Six (6) meetings during the FIR Design phase • Three (3) meetings during the FOR Design phase Internal Team Meetings Otak will have internal team meetings throughout the duration of the project to coordinate work internally and with subconsultants Otak assumes the following o Iproject120900120998101 marketinglfee proposallwctd-fee proposal - 2023-11-15 docx Page 3of10 Engineering Services for Weld County Trail Design Project November 28, 2023 • Four (4) internal team meetings during the Alignment/30% Design phase • Six (6) internal team meetings during the FIR Design phase • Eight (8) internal team meetings during the FIR Design phase Plan Review & CDOT Coordination Meetings Three (3) design review meetings will occur throughout the project, one after each major milestone/submittal Otak will prepare an agenda and provide meeting minutes All meetings are assumed to be virtual, lasting 1 -hour each For FIR and FOR Design Review meetings, Otak will provide written responses to comments using the standard CDOT comment tracking spreadsheet Additional coordination with CDOT is included • Preliminary Design • FIR Review • FOR Review • A maximum of two (2) coordination calls with CDOT specialty units including Staff Bridge, and ROW 2. 30% Design for 10' Multimodal Trail (Phase 1) General Data Gathering Initial data gathering will include an initial site visit The Otak Project Manager and Project Engineer will walk the site and photo document existing conditions Otak staff will review existing information including available plats, planning documents and other information that may guide alignment selection Additionally, staff will review existing floodplain information that will assist in the initial hydraulic and floodplain analysis Topographic Survey A topographic survey will be performed by King Surveyors A detailed scope of work is included as an attachment ROW and Property Mapping Western States Land Services will attain right of entry permits for up to 5 landowners and document all contact in accordance with the CDOT ROW Manual and Uniform Act This will initiate the ROW acquisition process and allow access to other subconsultants to advance the design Title Commitments King Survey will acquire title reports for up to five (5) parcels Railroad Coordination Otak and FHU will coordinate with the Public Utilities Commission (PUC) for a new at -grade crossing of the Great Western Railroad Additional details can be found in the FHU scope of work Utility Coordination Otak will identify potential utility conflicts and discuss potential resolutions with utility owners to establish utility agreements for final utility certifications 0 1project120900120998101 markehnglfee proposallwctd-fee proposal - 2023-11-15 docx Page 4 of 10 Engineering Services for Weld County Trail Design Project November 28, 2023 Environmental Clearances FHU will collect initial data necessary to assess and obtain any environmental clearances for the project Additional details are included in the FHU scope of work Drainage and Irrigation Coordination FHU will coordinate to identify existing farm irrigation canals and structures Additional details are included in the FHU scope of work Geotechnical Investigation Martinez will perform a geotechnical investigation and submit their final findings Additional details are included in the Martinez scope of work 30% Design Plan Set w/ At -grade Crossings After the initial survey has been completed, Otak will assemble a base map and prepare 30% design plans for the trail connection from Union Reservoir to Mead High School assuming that the trail will be located on the north side of WCR 26 and west side of WCR 7 Our design will consider alternate crossings of Barr Gulch including bridges, culverts, and extension of the existing roadway culverts At - grade crossing design alternatives will be provided at Mead High School and at the Elms at Meadow Vale Traffic counts will be collected to inform the crossing analysis to develop recommenders for a maximum of three (3) at -grade crossing locations (additional details can be found in the FHU scope of work) The 30% design will include ▪ Title Sheet with Index • Typical Sections • Summary of Approximate Quantities (Major quantities only) • Right of Way Plans (Showing approximate ROW needs only) • Trail Plan and Profile ▪ Bridge/Underpass Plans (General Plan and Elevation Only) • At -grade Crossing Concepts • Grading Plans (Included on Plan and Profile sheets) ▪ Cross Sections Engineers Cost Estimate Otak will provide a preliminary cost estimate on a cost per linear foot basis to assist in the alternative selection process Internal QA/QC Prior to the preliminary design submittal, Otak's Project Manager will perform an internal QA/QC to review all work for compliance and consistency 3. Subsurface Utility Engineering Ayres will complete all SUE work for the project Additional details are included in their proposed scope of work for QL A and QL B Note that we propose to perform QL A only in locations where we expect to have excavation depths of greater than 2 feet for the Phase 1 work area Only QL B will be performed In the Phase 2 work area o Iproject120900120998101 marketinglfee proposallwctd-fee proposal — 2023-11-15 docx Page 5 of 10 Engineenng Services for Weld County Trail Design Project November 28, 2023 4. 60% Design (Phase 1) Address Preliminary Design and SUE Comments Otak will review all comments from the County and project stakeholders from the Preliminary Design and SUE investigation Written responses to all comments will be provided in the CDOT comment response spreadsheet Otak assumes that all comments will be provided within 3 weeks after submittal to the County Public Engagement Chickenango Marketing will create a Public Information Plan and develop a formal list of project stakeholders and team contact list They will create content for a Project website that is to be hosted by the County Additional deliverables include Public Meeting invitations and social media posts, open house participation, public meeting boards, flier, response forms, track responses, and create an FAQ flier Chickenango will participate in the in -person project open house See attached Chickenango proposal for additional information Drainage and Irrigation Design A preliminary drainage report will be prepared and will include calculations, a report of changes to drainage patterns and impacts to roadside drainage Drainage plan sheets will be included in the FIR (60%) plan submittal Hydraulics Using the SWMM model, per the Weld County Engineering and Construction Criteria manual, Otak will develop the design hydrology A HEC-RAS model will be created for the stream for existing conditions and an evaluation of the hydraulics performance of up to two (2) crossings will be completed Recommended changes will be discussed as needed to meet hydraulic performance criteria Otak will prepare a recommendations and hydraulics memo to address erosion and scour for the selected bridge crossing The technical memorandum will document the hydraulic design analysis process and any relevant calculations ROW Plans and ROW Acquisitions Western States Land Services (WSLS) will provide acquisition services for up to 5 landowners including Notice of Interest and Offer to Purchase Letters, client and landowner meetings, negotiations, facilitation of closings, etc Otak will coordinate with WSLS to identify all ROW and easement needs to be shown on the design plans WSLS will contract with CDOT approved third party services for appraisals and appraisal review for up to 5 parcels, assumed to be $7,800/parcel Environmental Clearances FHU will coordinate and complete and necessary NEPA documentation See attached FHU proposal for additional information Structure Selection (Bridge) Otak will conduct a preliminary analysis for the bridge structures The team will review constructability and cost considerations in alignment with CDOT requirements Bridge Structure Selection reports will be prepared for review 01project120900120998101 marketnnglfee proposallwctd-fee proposal - 2023-11-15 docx Page 6 of 10 Engineering Services for Weld County Trail Design Project November 28, 2023 60% Design Plans FIR (60%) design plans will be prepared The plan set will include • Title Sheet with Index • M&S Standard Plans List • Symbol Legend • Typical Sections ® General Notes • Summary of Approximate Quantities • Tabulation • Survey Control • SUE QL B Plans for Existing Utilities, Oil & Gas, and Irrigation Facilities ® Utility Relocation Plans • Demolition/Removal Plans • Right of Way Plans • Trail Plan and Profile (20 sheets at 40 scale) • Bridge Plans (as applicable) • Grading Plans (on plan and profile sheets) • Drainage Plan and Profile • Irrigation Ditch Plan and Profile • Drainage/Irrigation Ditch Details • SWMP — Interim Condition • Cross Sections Engineer's Cost Estimate Otak will provide an engineer's cost estimate based on CDOT pay items QA/QC Review Prior to submitting the FIR (60% design), Otak will perform an internal QA/QC review 5. 95% Final Design (Phase 1) Site Visit Two (2) Otak staff will walk the entire site after the FIR (60% design) submittal to identify any additional design concerns of constraints that should be addressed during the FOR design phase Address 60% Design Comments Otak will review all comments from the County and project stakeholders from the FIR (60% design) submittal Written responses to all comments will be provided in the CDOT comment response spreadsheet Otak assumes that all comments from the County and stakeholders will be provided within 3 weeks after submittal to the County Environmental Documents FHU will coordinate the US ACOE - Nationwide Permit Preconstruction Notification for all expected impacts at Barr (Kelso) Gulch crossing Additional details can be found in the FHU scope of work Final Irrigation and Drainage Otak will make any needed updates to the drainage design from the FIR review A final drainage report will be prepared Drainage and culvert profile sheets will be included in the FOR plan set FHU will coordinate and design for existing farm irrigation canals and structures o Iproject120900120998101 marketinglfee proposallwctd-fee proposal - 2023-11-15 docx Page 1 of 10 Engineenng Services for Weld County Trail Design Project November 28, 2023 Final Design Plan Set with Engineer's Estimate FOR (95%) design plans will be prepared The plan set and submittal will include • Title Sheet • Index Sheet • Symbol Legend ▪ M&S Standard Plan List • Trail Design Data • Trail Details • Typical Trail Sections (update 5 sheets from FIR design plans) • General Notes • Summary of Approximate Quantities • Structure Tabulation • Summary of Earthwork Quantities • Surfacing Tabulation • Other Quantity Tabulations • Survey Tabulation • Survey Control • SUE QL A Plans for Existing Utilities, Oil & Gas, and Irrigation Facilities • Utility Plans — Proposed Relocation • Demolition/Removal Plans • Geotechnical Plans including bore hole logs and bore hole locations • Right of Way Plans • Trail Geometric Layout, Plans, and Tables • Trail Plan and Profile (20 sheets at 40 scale) • Bridge Plans(prefabricated steel truss bridge assumed) • Grading Plans • Drainage Plan and Profile • Irrigation Ditch Plan and Profile • Railroad crossing design for a new at -grade crossing of the Great Western railroad • Drainage/Irrigation Ditch Details • SWMP — Interim Condition • SWMP — Final Condition • Signing and Striping Plans • Cross Sections showing cut/fill quantities for each cross section and summarized on each sheet • Environmental Mitigation Plans • Other Details • Cut and Fill Sheets • M&S Standard Detail Specification & Project Special Provisions Otak will prepare specifications in compliance with the CDOT Standard & Project Special Provisions Internal QA/QC Otak will perform an internal QA/QC review prior to the final design submittal 6. Ready For Construction (Phase 1) Otak will review all comments from the FOR design review, resolve all necessary comments and provide written responses using the CDOT comment response spreadsheet It is assumed that there will not be any significant changes to the design at this stage in the design An internal final QA/QC will be completed prior to submittal to the County and CDOT The Ready for Construction submittal package will include • Final, stamped advertisement set inclusive of plans, specifications and bid tabulation • Project Special Provisions • Final quantity and cost Finally, any clearance letters including draft utility and ROW clearances will be prepared on County letterhead It is assumed that the County will prepare the final submittal o Iproject120900120998101 marketmglfee proposallwctd-fee proposal - 2023-11-15 deco Page 2of10 Engineering Services for Weld County Trail Design Project November 28, 2023 7. Trail Study — Phase 2 Alignment Analysis Otak will supplement topographic survey acquired for Phase 1 with publicly available LIDAR topography to analyze alignments to connect the Phase 1 trail alignment with St Vrain State Park The protect team will evaluate up to three (3) alignments to provide an accessible (5% max grade) trail connection between the Phase 1 and St Vrain State Park The alignment must be coordinated with the future wetland mitigation bank on State Land Board property Otak will also consider up to three (3) bridge locations for crossing St Vrain Creek We will also conduct a study of potential underpass locations near the intersection of WCR 7 and WCR 26, prepare plan and profile and grading plans for up to three (3) alternative underpass locations Consider utility impacts, drainage, Oligarchy Ditch, Barr Gulch, oil and gas access, on site impacts and future development plans Finally, we will prepare a summary memo to discuss the feasibility of making this connection considering graded, floodplain impacts, coordination with the proposed wetlands bank, and cost A graphic will be created to depict the proposed alignment locations Agency Coordination - State Parks Otak will attend a maximum of three (3) stakeholder meetings during Phase 2 including St Vrain State Parks, State Land Board and their leaseholders and others involved with the proposed wetlands mitigation bank on State Land Board property Environmental FHU will prepare an alignment study report that to quantify potential environmental impacts of proposed alignment alternatives to provide a trail connection to the existing trail system in St Vrain State Park Hydraulics and Floodplain Otak will develop and run a corrective effective model by adding the necessary detail to the effective model (assumed to be latest CHAMP model) to evaluate proposed alternatives It is assumed that survey will be available to develop cross sections at proposed bridge locations We wikk analyze trail crossing locations and bridge span lengths and propose grading changes as needed to achieve a no -rise condition or a condition that will not impact any insurable structures Otak will coordinate with the State Land Board Tennant regarding other grading associated with the proposed wetlands mitigation bank A technical memorandum documenting the hydraulic analysis of the trail crossing alternatives and implications with regard to floodplain permitting will be submitted to the County 30% Design for the following ® Trail between WCR 26/WCR 7 and St Vrain State Park ® Trail on east side of WCR 7 between WCR 26 and Mead High School ▪ Trail on west side of WCR 7 Between Mead High School and Branding Iron Way Underpass Beneath WCR 7 or WCR 26 Topographic survey will be collected by King for the trail alignment and underpass location selected in the alignment analysis and the trail segments along WCR 7 (east side south of Mead High School and west o Iproject120900120998101 marketinglfee proposallwctd-fee proposal - 2023-11-15 docx Page 3 of 10 Engineering Services for Weld County Trail Design Project November 28, 2023 side north of Mead High School. SUE QL-B will be provided for the selected alignment and other work areas included in Phase 2. Two (2) 50 -foot deep boring are included for the bridge foundation design. The 30% design packages for these elements will include the following: • Title Sheet with Index • Typical Sections • Summary of Approximate Quantities (Major quantities only) • Right of Way Plans (Showing approximate ROW needs only) • Trail Plan and Profile • Bridge/Underpass Plans (General Plan and Elevation Only) • At -grade crossing concepts • Grading Plans (Included on Plan and Profile sheets) • Cross Sections 8. Other Professional Services Our fee also includes a contingency budget of $100,000 to cover additional work items that may be identified during the development of this project. If any additional work item is identified, we will notify the Weld County Project Manager and acquire written approval by email prior to billing to this contingency budget. Schedule - Phase 1 _ .- Notice to Proceed December 15, 2023 Kickoff Meeting January 15, 2024 Information Gathering (Survey, QL-B) December 15, 2023 — March 15, 2024 30% Design April 15, 2024 60% FIR and ROW Plans August 1, 2024 95% FOR Plan December 1, 2024 100% Plans February 1. 2025 flOWAcquisition Row Plans Authorization October 1, 2024 Appraisals and Review Complete December 1, 2024 Acquisition Negotiation May 1, 2025 Phase 2 Alignment Analysis April 15, 2024 30% Design August 1, 2024 o: Iproject120900120998101 marketinglfee proposal\wctd-fee proposal - 2023-11-15. docx Page 4 of 10 Engineering Services for Weld County Trail Design Project November 28, 2023 Fee Otak proposes to bill on an hourly, not -to -exceed basis for a total of $999,887. A detailed fee proposal is attached. The proposed rates for Otak are valid through December 31. 2024. Thank you for the opportunity to submit this proposal. We are pleased to have this opportunity to collaborate with your staff on this important regional trail connection in Southwest Weld County. Please feel free to contact me at (720) 758-7717 or scott.belonger@otak.com if you have questions or if you need add.tional information. I would be happy to discuss this in detail if needed. Sincerely, Otak, Incorporated Scott Belonger, P.E. Otak, Inc. Attachments: Attachment A: Otak Fee Proposal Attachment B: Otak Rate Schedule Attachment C: Subconsultant Proposals o:\project\20900\29998\01 marketing\fee proposal\wctd—fee proposal 2023-11-15.docx Attachment A t)i-o, SW Weld County Trail Study Project No: 020998.000 November 14, 2023 1 = xab s 5 w , 5 CI7 zit >� ; _ _ c w xJ7rotalCost (3 ??- c ui f. ou Expense Surveyors Associates Martinaz Chickenango -IIMIPMOtak FHU San Services �fs _t"•z s ,. Staff Belanger Seltzer Askham Rohan Graff unn ny m Florian Wolff McNamee Woods .'Engagement - r $ 532,980 $ 1,000 ! Survey SUE Geotech PublicRR/Envlro Engagement RUW Acqul6itian S 365,907 $ 999 •t;; 2023-2024 Rate $ 250.00 $ 227.00 $ 196.00 $ 171.00 S 171.00 $ 129.00 $ 170.00 $ 227.00 $ 129.00 S 123.00 1.0 Project Coordination & Management 210 26 -._.148 6 B � -- 14 38 $ 500 S 104.280 $ 1.000 $ 23 2fi8 5 1 1.01 Team Coordination 80 4 40 8 132 $ 30,564 $ 1.000 S 440 $ 2,098 $ 2,000 S 4,538 $ 38,102 1.02 Monthly Billing 6 35 42 $ 5,928 $ 5,928 $ - 1.03 NI:. t.lat: 124 22 108 6 6 42 6 6 6 326 $ 67,788 $ 220 $ 18,500 $ 18,720 $ 86,506 F L0 Alignment Selection (30% Design) 52 0 44 16 T o 122 0 i _ 2 a 237 $ 40,583 $ • $ 134,805 $ 175,388 2.01 General Data Gathering 12 6 16 1 2 37 $ 6,725 S - $ 6,725 2.02 Topographic Survey 0 $ $ 22.330 $ 22.330 $ 22.330 2.03 ROW and Property Mapping o S - $ 14,790 $ 3.075 S 17.885 $ 17.865 2.04 Title Commitments 0 $ - $ 2 756 $ 2,750 $ 2,750 2.05 Railroad Coordination 4 4 S 1,000 $ 17.340 S 17.340 $ 18,340 2.06 Utility Coordination •1 16 20 $ 3,736 S 3,736 $ • 2.07 Environmental Clearances (Historical, Archeological, Cultural. etc./ 0 $ - $ 18,870 $ 18,8/0 $ 18.870 2.08 Drainage and Irrigation Coordination 4 4 $ 1.000 $ 10.550 $ 10,550 $ 11,550 2.09 Geotechnical Investigation and Report 0 $ - S 31.500 S 31.500 S 31,500 2.10 Preliminary Design Plan Set wl At -grade Crossings 16 32 100 148 $ 23.172 S 13.600 S 13.600 $ 36,772 2.11 Engineer's Estimate 4 6 6 16 $ 2,950 $ 2,950 $ 2.12 1:Subsurface 1 t : t: • • 0c 8 8 $ 2,000 $ 2.000 S - Utility Engineer rig 0 0 0 n 0 0 0 0 n 4 �� s- _ $. ,. 3 x:' 3.01 SUE - QLB and QLA Plans 0 $ - 5 15,951 $ 15,951 $ 15,951 3.02 Utility Locates and Markings (QLB) 0 $ - S 22.728 S 22,728 $ 22.728 3.03 Traffic Control and ROW Permit COLA) 0 $ - S 768 5 768 S 768 3.04 Field Survey and Locates o $ - $ 1,714 S 1,714 $ 1,714 3.05 4.0 Test Holes • L • 0 $ - $ 21.475 S 21.415 $ 21,475 0 Design (F.t.R) 47 16 140 100 44 236 56 Z7 92 2 100 ..M _ 6i r 3 __ ---.. -.-- - ------.. $ 242.751 $ 117.098 4.01 Address Preliminary Design and SUE Comments 4 4 4 2 14 $ 2,546 $ - $ 2,546 4.02 Drainage and Irrigation Design 4 100 56 160 S 25,324 S 11,030 S 11,030 S 36.354 4.03 Hydraulics & Floodplain Analysis 3 2/ 92 122 $ 18,747 S • S 18,747 4.04 ROW Plans and ROW Acquisition 8 tE 24 S 3,632 $ 15,843 $ 65.875 $ 81,718 $ 85.350 4.05 Environmental Clearances 0 $ - $ 13,290 $ 13,290 $ 13,290 4.06 Structure Selection (Bridge) 8 16 24 $ 4.552 $ - $ 4,552 4.07 60% Design Plan Set with at grade crossings 20 120 28 160 56 384 $ 63,488 $ 11,080 $ 11.080 $ 74,528 4.08 Engineer's Estimate 4 8 12 $ 2,568 $ 2.568 $ 4.09 Internal QAJ•C 17 5 20 $ 4.816 S 4,816 $ - t0 . 95% Deakin (0.O.R.) 74 34 100 116 48 260 160 0 _ z _- a 791) . $ 1e' • 164,4 501 5.01 Address 60% Design Comments 4 6 9 18 $ 3.208 $ - $ 3,208 5.02 Final Environmental Clearances 2 6 8 $ 1,676 $ 2,830 $ 2,830 $ 4,506 5.03 Final Irrigation and Drainage 6 40 24 70 S 11,438 $ 6,780 S 6,780 S 18,218 5.04 Final Design Plan Set with Engineer's Estimate 26 14 80 76 48 220 152 7 618 $ 101,236 $ 8.980 S 8,980 $ 110,216 5.05 Project Special Provisions 16 8 4 28 $ 6,308 S 8,308 S • 546 eternal QA/•C 20 '7 8 8 8 56 $ 11,684 11.684 S •$ 6.0 Re fforDonstruction (100% Design) 1$ 6 38 0 29 40 40 O a - O 1.530 S - _ --- - 5 - S 31,34 ., 6.01 Address FOR Comments 2 4 6 8 2C $ 3,952 3.952 $ •$ 6.02 RFC Plan Set 16 12 30 20 40 40 158 S 27,984 $ 27,984 $ - 7.0 Trail Study - Phase 2 54 0 56 6 a2 m8 - 6i0 -- as. 1 $ $ 94.980 ; 9.520 $ 104 .' °{ 7.01 WCR 26 Trail Connection - Alignment Analysis to State parks 24 4 16 6C 4 108 $ 17.752 $ 17,752 $ - 7.02 Agency Coordination - State Parks 20 8 8 8 44 $ 9.416 $•S 9.416 7.03 30% Design for trail between WCR 26/WCR 7 and St. yrain State Park 4 12 16 24 40 96 $ 15.984 $ 15,984 S 7.04 30% Design for Trail on east side of WCR 7 between WCR 26 and Mead filch School .1 8 20 32 $ 5,148 $ 5,148 $ - 7.05 30% Design for Trail on west side of WCR 7 Between Mead filch School and Brandlnc Iron Way :: 8 20 32 S 5,148 $ 5,148 $ 7.06 30% Design for Underpass S it 16 40 80 $ 14,000 s • S 14.000 7.07 Environmental 0 S - $ 9,520 $ 9,520 S 9,520 7.08 Hydraulics and Floodplain 44 120 164 S 25.468 $ • $ 25,468 7 09 Base Ma. Pre.aration 16 16 $ 2,064 $ - $ 2,064 ., _ rofesslonal Services 0 o 0 0 0 0 0 0 0 0 0 - S -..,.,r,0-.4.- 8.1 • t : • plc lonal Servi - . raw„ 100 000 nt :56,373 $ 64,734 $ 31,500. S 18,500 S 125,850 68.950'. $ 365,907 $ 999.887 Assumptions and Exclusions I No landscape planting or irrigation plans will be provided, The project will relate de restoration via native seeding arty with no irrigator' 2. The proposed underpass will include modest aesthete treatments. Underpass aesthetics will be established via example photos. No project specdc aesthetic renderings will be required 3. No lighting is included in the proposed scope of work. Otak, Inc. Attachment B Otak, Inc. Billing Rates SW Weld County Trail Study Effective through 12/31/2024 Classification Rate Engineering Sr. PIC/Sr. PM Civil $ 319 PIC/Sr. PM Civil $ 250 Civil Engineer X $ 227 Civil Engineer IX $ 216 Civil Engineer VIII a $ 196 Civil Engineer VII $ 179 Civil Engineer VI $ 171 Civil Engineer V $ 159 Civil Engineer IV $ 149 Civil Engineer III $ 139 Civil Engineer II $ 129 Civil Engineer I $ 118 Engineering Designer V $ 149 Engineering Designer IV $ 129 Engineering Designer III $ 114 Engineering Designer II $ 107 Engineering Designer I $ 91 Engineering Tech VII $ 170 Engineering Tech VI $ 139 Engineering Tech V $ 127 Engineering Tech IV $ 115 Engineering Tech III $ 95 Engineering Tech II $ 84 En•ineerin• Tech I $ 73 Construction Management & Inspection PIC/Sr. CM $ 242 Construction Manager VI $ 227 Construction Manager V $ 201 Construction Manager IV $ 192 Construction Marager III $ 169 Construction Mar ager II $ 149 Construction Manager I $ 138 Field Representative VII $ 182 Field Representative VI $ 155 Field Representative V $ 144 Field Representative IV $ 123 Field Representative III $ 113 Field Representative II $ 103 Field Representative I $ 92 CM Documentation Specialist III $ 146 CM Documentation Specialist II $ 123 CM Documentation Specialist I _ $ 106 Classification Rate 4 Landscape Architecture & Planning Sr. PIC/Sr. PM LA/Mst PIn $ 284 PIC/Sr. PM LA/Master Plan $ 239 PIC/DEI Manager $ 206 Landscape Architect VII $ 191 Landscape Architect VI $ 171 Landscape Architect V $ 157 Landscape Architect IV $ 142 Landscape Architect III $ 132 Landscape Architect II $ 121 Landscape Architect I $ 108 Landscape Technician III $ 110 Landscape Technician II $ 93 Landscape Technician I $ 81 Planner VI $ 203 Planner V $ 187 Planner IV $ 172 Planner III $ 154 Planner II $ 142 Planner I S 130 Planner Associate IV $ 125 Planner Associate III $ 114 Planner Associate II $ 100 Planner Associate I $ 82 Sr. GIS Specialist - Planner $ 132 GIS Specialist - Planner $ 118 fence PIC/Scientist $ 238 Scientist VI $ 214 Scientist V $ 186 Scientist IV $ 159 Scientist III $ 137 Scientist II $ 119 Scientist I $ 98 Environmental Specialist $ 151 Project Support Services Graphics Specialist $ 129 Project Coordinator III $ 165 Project Coordinator II $ 148 Project Coordinator I $ 123 Project Admin. Asst $ 94 Attachment C.1 KING SURVEYORS September 22, 2023 Otak Attn: Scott Belonger 371 Centennial Parkway, Suite 210 Louisville, CO 80027 Re: Weld County Trail Project Scott: Here is what I'm estimating the cost to be to perform the following services based on our email correspondence and the included exhibits. Project Management 4 hours @ $110/hour = $440 Kick-off Meeting 2 hours @ $110/hour = $220 Topographic Survey -Based on limits shown on included exhibits -Based on a ground survey, without any UAS involvement Office prep -5 hours @ $128/hour = $640 Field work time -9 days = 9x10 @ $178/hour = $16,020 Office processing -54 hours @ $105/hour = $5,670 Subtotal = $22,330 Title Reports -Assume 5 parcels are involved $550 each Subtotal = $2,750 Base Map -Property Lines/Road Right-of-way Field work time -3 days = 3x10 @ $178/hour = $5,340 Office time -90 hours @ $105/hour = $9,450 Subtotal = $14,790 650 EAST GARDEN DRIVE I WINDSOR, COLORADO 80550 I P. 970.686. 5011 I F. 970.686. 5821 WWWt.1INGSt'RVEYOUS.COM Right-of-way Plans and Property Descriptions -Assume 12 parcels are involved - Assume 10 descriptions total (ROW & TCE or PE & TCE) Drafting/Addressing comments -45 hours @ $105/hour = $4,725 P LS Review/Sign/Stamp-15 hours @ $128/hour = $1,920 P roperty Descriptions -$525 each x 10 = $5,250 Meetings with CDOT-2 hours @ $128/hour = $256 Subtotal = $12,151 Staking - Assuming 1 separate trip to site to stake easements for negotiations with landowners Office prep -3 hours @ $110/hour = $330 Field work time -1 day = 12 @ $178/hour = $2,136 Subtotal = $2,466 River Cross Section topo - Assuming 1 separate trip to site to perform river cross section topo in areas requested Field work time -1 day = 6 @ $178/hour = $1,068 Office processing time = 1.5 @ $105/hour = $158 S ubtotal = $1,226 If all items of this proposal were to be accepted and utilized, the final cost would be $56,373. If you have any questions regarding this proposal, please feel free to contact me at my office at (970) 686-5011. S incerely, Paul Groves P resident / PLS 970-686-5011 630 EAST GARDEN DRIVE I WINDSOR, COLORADO 80550 I P. 970.686.5011 I F. 970.686.5821 WWW.K!NGSI'1:l'EYOl:S.COM Attachment C.2 November 8, 2023 Scott Belonger, PE Otak, Inc 371 Centennial Parkway, Suite 210 Louisville, CO 80027 Scott.Belonger@otak.com /BYRES Ingenuity. Integrity, and Intelligence. Re: Subsurface Utility Engineering (SUE) Services proposal for the Weld County Trail Project (revised from original 9/23/23 scope) Dear Scott, Thank you for the opportunity to submit this proposal for professional services associated with the SUE investigation for the Weld County Trail Project along WCR 26 and 7, connecting Union Reservoir to one mile north of Mead High School, near Branding Iron Way and to the Saint Vrain State Park in Weld County, Colorado. The following scope of work and cost estimate is based on our understanding of the project and the information provided for our review and our correspondence with you. The SUE extents are shown in the red outlined area and the yellow path alignments in Figure 1. Figure 1. SUE Extents Project Description Otak has requested Ayres to provide professional Subsurface Utility Engineering (SUE) services to identify underground utilities at the project site to inform and support the project design. Ayres will provide 970.223.5556 13665 JFK Parkway, Bldg. 2. Suite 100 I Fort Collins, CO 80525-3152 www.AyresAssociates.corn f in Projects 8.36 File Weld County Trail SUE Proposal_2023-11-08r, d Scott Belonger N ovember 8, 2023 Page 2 of 4 S UE services that include researching, designating, and physically locating existing utilities within the scope. Desigrated and located utilities will be surveyed by Ayres Surveyors and the results of the subsurface utility investigation will be documented with SUE plans and report. The following Scope of Services is offered to meet the intent of the project and will be conducted in compliance with Colorado law SB18-067 and in accordance with ASCE 38-22 guidelines and Weld County guidelines for SUE quality level work. Scope of Services Project Management Project management is included in each of the following two tasks and includes project management, billing, permitting coordination and administration work. Ayres will communicate regularly with Otak's project manager, providing updates on progress and coordinating the work. Ayres will provide monthly billing to Otak throughout the project. Task 1 Utility Designating - Quality Level "B" (QLB) A Colorado Subsurface Utility Engineering ticket will be initiated to determine the utility agencies/owners (UA/O's) within the project limits shown in Figure 1, including the alignment study area for the proposed connection to St. Vrain State Park. Ayres will contact utility owners and investigate available utility records, as-builts, GIS data, and maps to support the utility locating efforts. Ayres will utilize appropriate geophysical methods to determine the existing and horizontal position of subsurface utilities. Electromagnetic induction equipment will be used to detect and designate all electronically locatable utilities within the scope. Designated underground utilities will be marked with pink paint/flags and labeled on the ground surface to show the approximate horizontal position and type of the utilities. To identify unknown or undocumented underground utilities, Ayres has several geophysical tools available. Ground penetrating radar (GPR) equipment may be used, however experience along the Colorado front range have proven limited success due to soil conditions. In lieu of GPR, additional geophysical exploration methods have been successful in identifying unknown underground utilities. These methods include a two -man passive induction sweep in a grid pattern and the use of a Pipehorn Pipe and Cable Locator. U tilities found using geophysical methods will be marked and labeled in the field. Marked utilities will be surveyed by Ayres and used to create SUE plans and develop a SUE report. It is estimate° that these geophysical investigations will take 8-9 days, depending on the extent, complexity, and density of existing underground utilities. Task 2 Utility Excavating - Quality Level "A" (QLA) Ayres will perform vacuum excavations on utilities identified by Otak in coordination with the design team and owner. Locations will be confirmed after the QLB designating field work has been performed. Ayres will provide temporary traffic control, as needed to safely perform the vacuum excavations. Ayres will coordinate with Otak and Weld County as needed to obtain any required ROW permits for excavating within the local right of way. Ayres will use air/vacuum technology to excavate for utilities. Utilities will be exposed up to ten feet deep. An air lance will be used to probe and attempt to get the depth of utilities found deeper than ten feet. Test 970.223.5556 13665 JFK Parkway, Bldg. 2, Suite 100 I Fort Collins, CO 80525-3152 www.AyresAssociates.com f in Project: 8.36 File: Weld County Trail SUE Proposal_2023-11-08r.doc Scott Belonger November 8, 2023 Page 3 of 4 hole excavation deeper than 10 feet can be performed at an additional cost. The results of the investigation will be marked in the field and presented on SUE test hole data sheets. The results shall depict the utility's type, size, material, and depth of cover. Using air/vacuum excavation allows for the excavated material to be used for backfill, compacted in lifts and restored to original condition. Any excavations performed with hydro/vacuum excavation will be backfilled with flowable fil or squeegee. Excavations in asphalt will be saw cut or core drilled and will be repaired with permanent asphalt patch. For this estimate, we anticipate performing up to 15 vacuum excavation test holes. Test holes are anticipated to be near the irrigation crossing, just east of the railroad track crossing on WCR 26 and at the intersection of WCR 26 and WCR 7. The actual number of test holes will depend on the location of existing utilities, the proposed project improvements, and where potential utility conflicts need to be further investigated. Additional test holes can be added at an agreed upon additional cost per hole. QLA test hole excavation as described is anticipated to take 5 working days in the field. The results of the investigation will be marked in the field and noted on SUE Test Hole Data Sheets and will be included in the SUE report. Test holes will be surveyed by Ayres and incorporated into the SUE plans. S UE Deliverables Ayres will document the SUE utility investigation by developing a SUE plan set and supplemental SUE report, signed and sealed by a Colorado registered Professional Engineer. The report and plan set will clearly describe the utility investigation performed for this project. SUE plans will include utilities as C3D pipe networks and will follow Weld County's standards. S UE deliverables include: • SUE plans, PDF and CADD (CO P.E. stamped/sealed) • SUE report (CO P.E. stamped/sealed) Responsibility of Owner and Others • Provide access permission/authorization to the site for the project area between 7:00 A.M. and 5:00 P M • Provide copies of any available utility plans and maps relevant to the project site • Provide design plans, project alignment and other CADD files to use in development of the SUE plans General Understandings and Excluded Services The professional services that Ayres will provide under this Proposal include, and are limited to, those described in the Scope of Services. All other services, including those listed below, are specifically excluded. • Utility relocation design services • Work outside normal business hours (7:00 A.M. - 5:00 P.M.) Please note, certain geophysical conditions may interfere with ground penetrating radar and electronic designating results which may not effectively identify all underground utilities. 970.223.5556 13665 JFK Parkway. Bldg. 2, Suite 100 I Fort Collins, CO 80525-3152 www.AyresAssociates.LOm f in �I Project! 8.36 File: Weld County Trail SUE Proposal_2023-11-08r.docx Scott Belonger N ovember 8, 2023 Page 4 of 4 Time Schedule Ayres Associates will commence its work upon receipt of a Notice to Proceed and a mutually agreed upon start date and schedule. Ayres will provide experienced personnel to perform the work diligently through completion. Fee Ayres proposed to perform the Scope of Services for a total amount of $64,734 which will be invoiced monthly on a time and materials basis. This amount is broken into two primary tasks. Task 1 to complete the QLB investigation and documentation and Task 2 to complete the QLA investigation and documentation. The costs are broken down as follows: Task 1: QLB - $35,242 Task 2: QLA - $29,492 In support of this estimate, we have included, as Attachment A, a detailed fee estimate of the project, based on our understanding of the scope and our anticipated staffing for this effort. S incerely, Ayres Associates Inc Dale Mathison, PE P roject Manager Direct: 970.797.3540, Cell: 970.792.5971 MathisonD@AyresAssociates.com DAM:dam Enclosure cc: Kasey Hayes 970.223.5556 13665 JFK Parkway, Bldg. 2, Suite 100 I Fort Collins, CO 80525-3152 www.AyresAssociates.corr in Project: 8.36 File: Weld County Trail SUE Proposal__2023-11-08.ciocx PROFESSIONAL SERVICE FEE FOR. Project Name Client Name Client Contact Weld County Trail SUE Otak Scott Belonger Project Fee Labor* Directs** Other Divisions Sub -Consultants*** $64,734 $50,762 $13,422 $0 $550 *APC (Associated Project Costs) 3.85% Percent (%) of labor that includes PPE. project specific software, in-house supplies, telecommunications charges, postage. and routine in-house reproductions **Directs Markup 10% Percentage amount added to the direct costs to cover administration of direct charges ***Sub -Consultant Markup 10% Percentage amount added to the sub -consultant fee to cover the management and administration of sub -consultants Ayres Project Manager Dale Mathison Date 11/08/23 /BYRES 970 2233556 3665 JFK Parkway Budding 2 Suite 100 Fort Collins CO 80525 linnet AyrenAwcates tan Costs by Task /BYRES Directs Oth Services } Labor To Hours Senior Project Maraaer Survey 4 Senior Surve Staff _Professional SUE Lead SUE Tech Senior Project Designer Coordinator Weld County Trail SUE Task 1 - SUE Utility Designating (QLB) 1.1 Project coordination and administration 1.2 QLD research 1.3 QLB Labor (7 days on -site) (2 day QC) 1.4 Equipment 1.5 QLB Survey 1.6 QLB Report 1.7 QLB Plans Task 2 - SUE Utility Excavation (QLA) 2.1 Project coordination and administration 2.2 QLA Labor (5 days, up to 15 test holes, 10' max depth) 2.3 Equipment 2.4 Traffic Control 2.5 ROW Permitting 2.6 Flowfill 2.7 QLA Survey 2.8 QLA Report 2.9 QLA Plans Exported on November 8, 2023 12:09:30 PM MST $64,734 $35242 h' - 3 $4,409 $0 $30.833 219 $1,049 $0 $0 $1,049 6 $2,801 $101 $0 $2,700 21 $10,842 $0 $0 $10,842 81 $3,839 $3,839 $0 $0 0 $5,246 $469 $0 $4,777 33 $1,952 $0 $0 $1,952 13 $9.513 $0 $0 $9,513 65 X482 $9,013 $550 $19,929 151 $1,049 $0 $0 $1,049 6 $12,618 $0 $0 $12,618 102 $8,857 $8,307 $550 $0 0 $548 $330 $0 $218 2 $220 $220 $0 $0 0 $0 $0 $0 $0 0 $1,714 $156 $0 $1,558 11 $1.080 $0 $0 $1,080 7 $3.406 $0 $0 $3,406 23 Math:sun $201) (Nt 17 9 4 1 1 Van Hum $1R(i liri' 5 4 Avis $110 t}o 32 Hii hrnan swirl UU 20 Hayes S110 00 142 Schrader S14g 0Lr. 68 S14U 012 74 12 24 16 84 16 56 10 1 4 24 8 12 56 1t Si 1 4 8 1 4 8 52 8 1 8 4 58 52 18 2 2 50 50 4 1 1 1 8 2 4 2 2 4 16 Attachment C.3 November 14, 2023 File No. P-23-0155 Otak 371 Centennial Parkway, Suite 210 Louisville, Colorado 80027 Attn: Mr. Scott Belonger, P.E. Martinez Associates Geotechnical Engineering Services Subject: Proposal for Geotechnical Site Investigation, Phases I and II of the Weld County Trail Project, , Colorado Dear Mrs. *: Martinez Associates, Inc. (Martinez) is pleased to submit this proposal for geotechnical engineering services in connection with the * project in *, Colorado. Martinez proposes to provide the services outlined in the attached Scope of Work. We propose to provide the geotechnical engineering services for a total fee of $31,500. Martinez proposes to perform these services in accordance with the attached Standard Terms and Conditions (October 2015). Please sign and return one copy of this letter to us for our files, this letter together with the attachments will constitute our Agreement. Thank you for this opportunity to submit this proposal. If you have any questions, please do not hesitate to call the undersigned. We look forward to working with you. Sincerely, MARTINEZ ASSOCIATES, INC. Jere A. Strickland, P.E. Principal Professional James Martinez Principal Professional Attachments: Terms and Conditions The Terms and Conditions are Understood and Accepted Otak BY PRINTED NAME DATE Martinez Associates, Inc. 14025 West 66th Avenue, Arvada, Colorado 80004 I Phone: 303.459.2216 I Fax: 303.482.2230 www.martineztesting.com Martinez Associates SCOPE OF WORK Otak Weld County Trail Project November 14, 2023 Page 2 Martinez Associates, Inc. (Martinez) is pleased to present this fee estimate to provide geotechnical engineering services in support of the Weld County Trail project, RFP B2300074, in Weld County, Colorado. Based on the information provided, we understand the project includes extension of the county trail from Union Reservoir to Mead High School. The trail will be extended in two phases. The Phase I portion will be the trail parallel to County Road 26 to the east with a pedestrian bridge over the drainage just before County Road 7 then extending north parallel to County Road 7 to a point north of the Mead High School. It will also include an underpass on County Road 26 to connect the trail to the Phase II portion of the project. Phase II of the work may include extending a branch of the trail to the southeast and over the St. Vrain River. This extension will include a pedestrian bridge over the drainage and another bridge over the St. Vrain Rivet. Based on our experience and knowledge of the area, we anticipate the site will have clay soils, shallow bedrock with the bedrock being significantly deeper adjacent to the St. Varin River, possibly 40 to 50 feet deep or more, and overlain by sands and having a shallow groundwater table. We anticipate that these conditions will require the use of hollow stem auger to advance the borings. We assume the site is accessible with a truck mounted drill rig. GEOTECHNICAL ENGINEERING SERVICES We will evaluate the surface and subsurface conditions at the project site and provide recommendations for the geotechnical engineering aspects of the design and construction of the project as appropriate including building foundation type, slabs on grade, pavements, site grading and drainage and detention pond design and construction. Phase I Scope of Work Our Phase I investigation will include field exploration, laboratory testing, engineering analysis, and preparation of a written report as follows: • Site reconnaissance by one of our field engineers or geologists. • A subsurface exploration program under the direction of one of our field engineers who will supervise, log, and sample soil borings at the site. Two borings will be drilled at the ends of each of the bridge and underpass. For the trail, 24 borings will be drilled along the proposed trail alignment to give some information on the subgrade condition, even though the trail pavement section will be a standard section. The bridge/underpass borings will be drilled to depths of about 20 to 30 feet, and we anticipate tagging bedrock to provide recommendations for a driven steel pile foundation system. The trail borings will be drilled to a depth of about 5 feet. For the purposes of this proposal, we are assuming the use of a truck mounted drill rig. • Laboratory tests will be performed on selected samples obtained during exploration to evaluate pertinent engineering properties. • Preparation of a geotechnical investigation report presenting the results of our study. Our report will include the following items: Martinez Associates Otak Weld County Trail Project November 14, 2023 Page 3 1. Site plan showing the approximate boring and sample locations. 2. Recommendations for foundation types and design for the structures, including soil contact pressures, embedment depths, resistance to lateral loads and anticipated settlement. As appropriate, we will also provide alternate foundation recommendations should alternate foundation systems be appropriate. 3. Pavement subgrade conditions. As appropriate, subgrade mitigation and treatment options will be provided. 4. Recommendations for site preparation, earthwork, and fill placement. 5. Logs of the exploratory borings and results of laboratory tests performed. The fee for our Phase I services is estimated to be $20,000. Phase II Scope of Work Our Phase II investigation will include field exploration, laboratory testing, engineering analysis, and preparation of a written report as follows: • Site reconnaissance by one of our field engineers or geologists. • A subsurface exploration program under the direction of one of our field engineers who will supervise, log, and sample soil borings at the site. Two borings will be drilled at the abutments of each of the bridges. As this section of the trail is fairly short and the bridge borings will give subgrade information we anticipate needing one or two borings to be drilled along the proposed trail alignment to give some information on the subgrade condition. The bridge borings will be drilled to depths of about 20 to 50 feet, and we anticipate the bedrock to be deeper at the river crossing. The trail borings will be drilled to a depth of about 5 feet. For the purposes of this proposal, we are assuming the use of a truck mounted drill rig. • Laboratory tests will be performed on selected samples obtained during exploration to evaluate pertinent engineering properties. • Preparation of a geotechnical investigation report presenting the results of our study. Our report will include the following items: 1. Site plan showing the approximate boring and sample locations. 2. Recommendations for foundation types and design for the bridges, including soil contact pressures, embedment depths, resistance to lateral loads and anticipated settlement. As appropriate, we will also provide alternate foundation recommendations should alternate foundation systems be appropriate. 3. Pavement subgrade conditions. As appropriate, subgrade mitigation and treatment options will be provided. 4. Recommendations for site preparation, earthwork, and fill placement. 5. Logs of the exploratory borings and results of laboratory tests performed. The fee for our Phase II services is estimated to be $11,500. This cost assumes that the two phases of work will not be performed together. The total estimated cost for the project is therefore $31,500. Martinez Associates Otak Weld County Trail Project November 14, 2023 Page 4 Should additional services be needed, we will notify you prior to initiating the services for approval. Additional services will be invoices at our standard unit rates. Upon completion of our field investigation, preliminary geotechnical information can be provided shortly thereafter. The final geotechnical engineering report can be provided within about 3 weeks after completion of exploration. We assume that upon notice to proceed the project, that site access has been cleared with the property owner and residents and that any permits needed for our work have been obtained by others. If requested, we will coordinate with the parties involved with the site and obtain the necessary permits, although some additional costs may be associated with these requests. Should obviously suspicious subsurface materials be encountered in our geotechnical test boring, the boring will be immediately terminated. We will notify you as soon as possible of such an occurrence, and we will both mutually decide whether to continue, modify, or cease the remainder of the drilling program, and whether an environmental assessment should be conducted. All added costs incurred as a result of suspected hazardous substances would be charged on a time -and -expense basis over and above the e stablished fees for the site investigations. We believe you are aware that penetrating the ground surface is inherently risky and it is impossible to determine with certainty the exact location of all buried features in the ground. The fee presented in this proposal is inadequate to compensate our firm for both the performance of the services and the assumption of risk of damage to such features. Prior to drilling at the site, we will notify UNCC so the member utility companies can mark their facilities prior to our field investigation. Disruption/damage to u nderground structures will be the responsibility of the owner. Services rendered by Martinez for repairs will be billed at cost. Should unforeseen conditions arise requiring a change in the scope of our work, our fee estimate may n eed to be modified. We will not change our fee or perform additional services without your written authorization. Acceptance of the proposal/agreement attached to this typical method of work will indicate that the Client, or the r authorized representative, has reviewed the Scope of Services and determined that they do not need, or want, more services than are being proposed at this time. Any exceptions should be noted and may result in adjustment to our fees. Martinez will perform its services in a manner consistent with the standard of care and skill ordinarily e xercised by members of the profession practicing under similar conditions in the geographic vicinity and at the time the services will be performed. Therefore, no warranty or guarantee expressed or implied is part of the services offered by this proposal. We anticipate that the undersigned will serve as the Project Manager/Engineer and the Officer -In -Charge of the project. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Martinez Associates Standard Terms and Conditions 1. General The following Standard Terms and Conditions, together with the attached Proposal and Standard Fee Schedule constitute the Agreement between Martinez Associates, Inc. ("MARTINEZ") and the entity or person to whom the proposal is addressed ("Client") for the performance of basic or additional services. The Standard Fee Schedule may be omitted for Lump Sum type Agreements. 2. Subsurface Risks Client recognizes that special risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive sampling and testing program, implemented with appropriate equipment and experienced personnel under the direction of a trained professional who functions in accordance with a professional standard of practice may fail to detect certain hidden conditions. Environmental, geological, and geotechnical conditions that MARTINEZ may infer to exist between sampling points may differ significantly from those that actually exist. The passage of time also must be considered, and Client recognizes that due to natural occurrences or direct or indirect human intervention at or near the site, actual conditions may quickly change. Client realizes that nothing can be done to eliminate these risks altogether, but certain techniques can be applied to reduce them to a level that may be tolerable. MARTINEZ is available to explain these risks and risk reduction methods. In any event, the services included in this Agreement are those which Client agreed to, or selected, consistent with Client's risk preferences and other considerations. 3. Performance of Services MARTINEZ's services will be performed in accordance with generally accepted practices of engineers and/or scientists providing similar services at the same time and under like circumstances. No warranty, express or implied, is included or intended by this Agreement. 4. Payment Invoices will generally be submitted once a month for services performed during the previous month. Payment will be due within thirty (30) days of invoice date. Interest will be added to accounts in arrears at the rate of one and one-half (1.5) percent per month on the outstanding balance. In the event MARTINEZ must engage counsel to enforce overdue payments, Client will reimburse MARTINEZ for all reasonable attorney's fees and court costs. Martinez Associates, Inc. October 9, 2015 Page 1 of 4 5. Insurance MARTINEZ is protected by Workers' Compensation Insurance, Commercial General Liability Insurance, Automobile Liability Insurance and Professional Liability Insurance coverage's. MARTINEZ will furnish certificates of insurance upon Client's request. Client agrees that MARTINEZ will not be liable or responsible for any loss or damage beyond the amounts, limits, exclusions, and conditions of such insurance. A separate limit of our liability is set forth elsewhere in these Terms and Conditions. Client may apply for insurance coverage's higher than MARTINEZ's standard limits through project -specific insurance. If higher project -specific limits or special insurance is provided, Client agrees to pay an additional fee based on the additional premium cost. In any event, the time required to place the project -specific limits or special insurance will be charged. 6. Oil and Hazardous Materials Work expressly excluded from this Agreement includes the assessment of the site for the presence or absence of oil, hazardous materials, asbestos, radioactive materials or any other environmental contaminants which may be subject to regulatory control, or for the design of systems to remove, treat, handle, or dispose of contaminated materials. These services can be provided under the terms of a different Agreement, if Client wishes. Client will obtain from Site Owner, if required, and furnish to MARTINEZ, at the time of Client's authorization to proceed, all information known concerning oil, hazardous, toxic, radioactive or asbestos material in, on or near the site available to Client, Client's counsel, and Site Owner. If hazards are known to exist and Client fails to advise MARTINEZ of such substances or conditions, and during the course of the work they are discovered, and such discovery in MARTINEZ's opinion results or may result in injury or a health risk to persons, whether MARTINEZ's employees or others, Client agrees to assume full responsibility and liability and shall hold MARTINEZ harmless for any and all claims, demands, suits, or liabilities for personal injury including disease, medical expenses, including but not limited to continued health monitoring, and/or death, or property damage, and for economic loss, including consequential damages. Martinez Associates Oil, hazardous materials, or asbestos may exist at a site where there is no reason to believe they should be present. Should, at any time, any evidence of the existence or possible existence of such substances be discovered, MARTINEZ reserves the right to stop work, renegotiate the Terms and Conditions of this Agreement, and the fees for services. If a mutually satisfactory Agreement cannot be reached between both parties, the Agreement shall be terminated in accordance with these Terms and Conditions. MARTINEZ will notify Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be discovered. The discovery of hazardous materials or suspected hazardous materials may make it necessary for MARTINEZ to take immediate measures to protect human health and safety, and/or the environment. Client agrees to compensate MARTINEZ for the cost of any and all measures that in MARTINEZ's professional opinion are justified to preserve and protect the health and safety of MARTINEZ personnel and the public, and/or the environment. In addition, Client waives any claims against MARTINEZ, and, to the full extent permitted by law, agrees to indemnify and hold MARTINEZ harmless from any and all claims, losses, damages, liability, and costs, including but not limited to cost of defense, arising out of or in any way connected with oil, hazardous materials or asbestos at the site. 7. Right of Entry Client agrees to furnish right of entry and permission for MARTINEZ to perform surveys, borings, and other investigations, pursuant to the scope of services. Where Client is not the owner of the site, and services include borings, trenches, or other such invasive testing, MARTINEZ may require written authorization from the property owner to perform such services. Client acknowledges that the use of exploration equipment may alter or damage the terrain, vegetation, improvements or property at the site. MARTINEZ will take reasonable precautions to minimize damage to the property from use of equipment, but has not included in the fee the costs of restoration of damage that may result from such operations. Client shall indemnify and hold harmless MARTINEZ and its independent contractors and consultants from all claims, damages, losses, and expenses (including attorney's fees), arising out of or resulting from MARTINEZ's entry onto and presence on the property, including, but not limited to, claims or allegations of injury to persons or damage to property, nuisance, trespass, or wrongful entry. If MARTINEZ is required to restore the property to its former condition, the cost plus fifteen (15) percent will be added to the fee. Martinez Associates, Inc. October 9, 2015 Page 2of'1 8. Damage to Underground Structures Reasonable care will be exercised in locating underground structures in the vicinity of proposed subsurface explorations. This will include review of drawings provided by Client, Client's representatives, or the site owner for the site to be investigated. MARTINEZ shall be entitled to rely u pon the drawings provided. If the actual locations of u nderground structures are not known or cannot be readily confirmed, then there will be a degree of risk to Client associated with conducting the explorations. In the absence of confirmed underground structure locations, Client agrees to accept the risk of damage and costs associated with repair and restoration of damage resulting from the exploration work. 9. Samples All soil and rock samples will be discarded 30 days after submission of MARTINEZ's report or other deliverables, u nless Client advises in writing otherwise. Upon request, MARTINEZ will ship or deliver the samples, charges collect, or will store them for an agreed storage charge. 10. Ownership of Documents and Processes All documents (including drawings, specifications, estimates, field notes, and other data) and all processes (including scientific, technological, software, and other concepts, whether or not patentable), created, prepared or furnished under this Agreement by MARTINEZ or MARTINEZ's independent contractors and consultants pursuant to this Agreement, are instruments of service in respect of the project and shall remain the property of MARTINEZ whether or not the project is completed. MARTINEZ shall retain ownership of all documents, drawings, specifications, estimates, field notes, other data, and developed technology or processes and any copyright or right to patent thereto. Client may make and retain copies thereof as is necessary to occupy and operate the project by Client or others; however, such documents are not intended or represented to be suitable for additions, extension, alterations, or completion of the project by others, or use on any other project. Any reuse without written verification or adaptation by MARTINEZ for the specific purpose intended is at Client's sole risk and without liability or legal exposure to MARTINEZ or its independent contractors or consultants. Client shall indemnify and hold harmless MARTINEZ and its independent contractors, and consultants from all claims, damages, losses, and expenses, including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle MARTINEZ to further compensation. Martinez Associates 11. Electronic Media MARTINEZ may agree to provide materials to Client stored electronically. Client recognizes that data, plans, specifications, reports, documents, or other information recorded on or transmitted as electronic media are subject to undetectable alteration, either intentional or unintentional, due to (among other causes) transmission, conversion, media degradation, software error, or human alteration. Accordingly, documents provided to Client in electronic media are for informational purposes only and not an end product. Documents will conform to specifications defined in the Scope of Services. The documents are submitted to Client for an acceptance period of 30 days. Any defects which Client discovers in that time period shall be reported to MARTINEZ for correction. MARTINEZ makes no warranties, either express or implied, regarding the fitness or suitability of the electronic media. The electronic media are instruments of professional service, and shall not be used, in whole or in part, for any project other than that for which they were created, without the express written consent of MARTINEZ and without suitable compensation. Accordingly, Client agrees to waive any and all claims against MARTINEZ resulting in any way from the unauthorized reuse or alteration of electronic media, and to defend, indemnify, and hold MARTINEZ harmless for any claims, losses, damages, or costs, including attorneys fees, arising out of the reuse of any electronic media. 12. Services During Construction If MARTINEZ's services include the performance of services during the construction phase of the project, it is understood that the purpose of such services, including visits to the Site, will be to enable MARTINEZ to better perform the duties and responsibilities assigned to and undertaken by it as a design professional, and to provide Client with a greater degree of confidence that the completed work of the Contractors will conform generally to the Contract Documents. MARTINEZ shall not, during such visits or as a result of observations of construction, supervise, direct or have control over Contractors' work nor shall MARTINEZ have authority over, or responsibility for, the means, methods, techniques, sequences or procedures of construction selected by Contractors or safety precautions and programs incident to the work of Contractors or for any failure of Contractors to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractors furnishing and performing their work. MARTINEZ does not Martinez Associates, Inc. October 9, 2015 Page 3of4 guarantee the performance of the construction contracts by Contractors, and does not assume responsibility for Contractors' failure to furnish and perform their work in accordance with the Contract Documents. If MARTINEZ's services during construction include shop drawing review, MARTINEZ will review (or take other appropriate action with respect to) shop drawings, samples and other data which Contractors are required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. Such review or other actions shall not extend to means, methods, techniques, sequences or procedures of manufacture (including the design of manufactured products) or construction, or to safety precautions and programs incident thereto. MARTINEZ's review or other actions, shall not constitute approval of an assembly or product of which an item is a component, nor shall it relieve Contractors of (a) their obligations regarding review and approval of any such submittals; and (b) their exclusive responsibility for the means, methods, sequences, techniques and procedures of construction, including safety of construction. 13. Limitation of Liability To the fullest extent permitted by law, the total liability of MARTINEZ, its directors, partners, employees, shareholders, owners and sub -consultants, to Client, and anyone claiming by, through, or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to MARTINEZ's services, from any cause or causes whatsoever, including but not limited to, negligence, errors, omissions, strict liability, breach of contract, or breach of warranty, shall be limited to an amount of $25,000 or MARTINEZ's fee, whichever is greater. It is intended that this limitation apply to any and all liability or cause of actions however alleged or arising, unless otherwise prohibited by law. If Client prefers not to limit MARTINEZ's liability to this sum, MARTINEZ may increase this limitation upon Client's written request. If MARTINEZ approves the request, MARTINEZ will agree to increase the limitation of liability to $100,000 provided that Client agrees to pay for this change an additional fee of 4 percent of MARTINEZ's total fee or $700, whichever is greater. Client's request for this waiver must be made before the contract between Client and MARTINEZ is finalized. The additional fee is for the additional risk assumed by MARTINEZ and should not be construed as a charge for additional liability insurance. Martinez Associates 14. Dispute Resolution All claims, disputes or controversies arising out of or in relation to the interpretation, application or enforcement of this Agreement shall first be submitted to non -binding mediation pursuant to the Rules for Commercial Mediation of the American Arbitration Association. 15. Legal Action All legal actions by either party against the other for any cause or causes, including but not limited to breach of this Agreement, negligence, misrepresentations, breach of warranty or failure to perform in accordance with the standard of care, however denominated, shall be barred two (2) years from the day after completion of MARTINEZ's Services or the time that party knew or should have known of its claim, whichever is sooner. In the event that Client institutes a suit against MARTINEZ, and if such suit is not successfully prosecuted, or if it is dismissed, or if a verdict is rendered for MARTINEZ, Client agrees to pay MARTINEZ any and all costs of defense, including attorney's fees, expert witnesses' fees, and court costs and any and all other expenses of defense which may be reasonably necessary, immediately following dismissal of the case or immediately upon judgment being rendered in favor of MARTINEZ. 16. Suspension of Work and Termination Client may, at any time, suspend further work by MARTINEZ or terminate this Agreement. Suspension or termination shall be by written notice effective seven (7) days after receipt by Client agrees to compensate MARTINEZ for all services performed prior to the effective date of the suspension or termination, together with reimbursable expenses including subcontractors, sub consultants and vendors. No deductions shall be made from MARTINEZ's compensation on account of sums withheld from payments to contractors, nor shall payment to MARTINEZ be contingent upon financing arrangements or receipt of payment from any third party. If Client fails to make payment when due for services and reimbursable expenses, MARTINEZ may, upon seven (7) days' written notice to Client, suspend performance of services under this Agreement. Unless payment in full is received by MARTINEZ within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, MARTINEZ shall have no liability to Client for delay or damage to Client or others because of such suspension of services. Martinez Associates, Inc. October 9, 2015 Page 4 of 4 17. Precedence These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document. 18. Severability If any of these Terms and Conditions are finally determined to be invalid or unenforceable in whole or part, the remaining provisions shall remain in full force and effect, and be binding upon the parties. The parties agree to reform these Terms and Conditions to replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision. 19. Survival These conditions shall survive the completion of MARTINEZ's services on this project and the termination of services for any cause. 20. Governing Law This Agreement shall be governed and construed in accordance with the laws of the state of Colorado. 21. Corporate Protection It is intended by the parties to this Agreement that MARTINEZ's services in connection with the project shall not subject MARTINEZ's individual employees, officers or directors to any personal legal exposure for the risks associated with the project. Therefore and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against MARTINEZ, a Colorado corporation, and not against any of MARTINEZ's individual employees, officers or directors. 22. Third Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or MARTINEZ. MARTINEZ's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against MARTINEZ because of this Agreement or the performance or non-performance of services hereunder. The Client and MARTINEZ agree to require a similar provision in all contracts with contractors, subcontractors, sub -consultants, vendors and other entities involved in the project to carry out the intent of this provision. End of Standard Terms and Conditions Attachment CA Exceptional. CHICKENANGO MARKETING Sf1lUf IIINS SCOPE OF WORK for #B2300074 Engineering Services for Weld County Trail Design Project TO: Scott Belonger, Otak From: Jennifer McPherson, President, Chickenango Marketing Solutions, Inc. Subject: Scope of Work and Fee Chickenango will provide the Public Involvement necessary for the Weld County Trail Design project. The following list represents items associated with Chickenango's fee for public information services on this project. SCOPE OF WORK • Create a Public Information Plan, project stakeholders list, and project team contact list. • Create Open House invite for Weld County to share on website and social channels. • Open House to present design options and recommendations (in person) • Create boards and presentations for the public meeting, create virtual recorded presentation for Weld County website to host, create form for comments for virtual presentation, create an informational flier for meetings, and electronic comment and response form. Track responses and create FAQ fliers if necessary. 6WRIPTION isr—QUANTITY UNIT 1,IXTE TOTAL Public Involvement Manager 50 Hour $145 $7,250 Public Involvement Specialist 30 Hour $100 $3,000 Graphic Designer 55 Hour $100 $5,500 Public Involvement Admin 30 Hour $75 $2,250 Open House Boards 5 Each $100. $500. TOTAL LABOR $18,500 www.chickenango.com in Attachment C.5 plIF-4FELSBURG HOLT & ULLEVIG connecting & enhancing communities September 27, 2023 6400 S FIDDLERS GREEN CIRCLE, SUITE 1500 I GREENWOOD VILLAGE, CO 801 1 1 303.721.1440 I WWW.FHUENG.COM Scott Belonger, PE Otak 371 Centennial Parkway, Suite 210 Louisville, CO 80027 Reference: Southwest Weld County Trail Study & Design - FHU Scope Dear Mr. Belonger: FHU has prepared the following draft scope of work and fee for the Southwest Weld County Trail Study & Design project based on our understanding of the overall project and our expected sub -consultant roles. Please don't hesitate to reach out with questions, comments, and/or requests for clarification. Task 0 — Project Management & Meetings FHU will participate in regular project meetings with Otak and the client. These are assumed to be biweekly over a 12 - month schedule. As the designated project manager for FHU, Matthew Downey will prepare subconsultant invoices and act as the primary point of contact for internal team coordination. Task 1 — Crossing Analysis & Designs Crossing Evaluation (3 Locations) FHU will evaluate the proper trail crossing device treatment(s) for each of three (3) proposed crossings along Weld County Road (WCR) 26 (1 each) and WCR 7 (2 each). To properly identify an appropriate crossing treatment, certain physical and operational data is required: Number of vehicle travel lanes to cross = 2 or 3 Daily traffic volume levels Posted speed limit = WCR 26 (45mph); WCR 7 (35mph); each to be confirmed To assist in these analyses, 24 -hour, daily traffic volumes will be recorded at each of the four crossing locations: WCR 26 adjacent Union Reservoir WCR 7 adjacent Mead High School WCR 7 at Branding Iron Way The daily traffic volumes will be recorded over a 24 -hour period and will be defined by direction and in 1 -hour increments. FHU will confer with the Weld County project manager, and the other involved agencies, to determine the pedestrian crossing treatment guidelines that should be used for this project. FHU will use the information noted above to recommend a crossing treatment type (signing/pavement markings, Rectangular Rapid Flashing Beacons [RRFB's), or other treatment). Deliverable.. Memorandum summarizing the data collection, the crossing treatment selection prccess, and the recommended crossing treatment fa- each of the three (3) crossings. Trail Crossing Design (3 Locations) FHU will prepare the pedestrian crossing treatment design, and accompanying signing, and striping plans in accordance with the latest Weld County standards and specifications. The crossing device plans for the new trail crossings will be developed September 27, 2023 Scott Belonger Page 2 and will identify the location and sizes of new device hardware, mounting posts, support structures, Manua/ on Uniform Traffic Cawrd Devices (MUTCD) appropriate signing, and recommended pavement markings. FHU will rely on Otak to provide any roadway design improvements such as roadway widening, pavement installation, curb & gutter, curb ramps, trail connections, etc. FHU will provide construction specifications to Otak modifying the Weld County's Engineering Criteria Manual, if necessary. All trail crossing infrastructure will be tabulated and quantified using Colorado Department of Transportation item code descriptions, or Weld County pay items, as designated. An Opinion of Probable Construction Cost will be prepared. Depending on the type of trail crossing devices that are selected for the crossings, it may be necessary to investigate the location of a power source; likely being along existing overhead power lines. FHU will work with the local electric power entity to determine the power source location and whether a new transformer will be required. All design plans will be prepared using Autodesl< Civil 3D and electronic files will be furnished to Weld County upon completion of the project. Task 2 — Environmental Assessment This task discusses the efforts to conduct the NEPA process for the trail alignment along WCR 26 and WCR 7. This scope is based on the assumption that the appropriate NEPA class of action will be a Categorical Exclusion (CatEx), and the format will be a Programmatic CatEx. While work under this scope is required to finalize this assumption, it is the basis for this scope. The FHU project team will make this recommendation to FHWA and CDOT; however, the ultimate decision as to the appropriate NEPA class of action lies with FHWA and CDOT. A Programmatic CatEx does not require FHWA approval, although consultation with FHWA is at the discretion of the CDOT Environmental Project Manager. FHU will finalize the resource reports based upon comments received by CDOT and the reviewing agencies in order for CDOT to complete the Form 128. An Alignment Study will also be conducted for the trail connection to St. Vrain State Park. Figure 1 displays the environmental study area for the Trail Alignment CatEx and for the Alignment Study for the trail connection to St Vrain State Park. Environmental Scoping Meeting An Environmental Scoping Meeting will be held with CDOT to discuss the environmental resources potentially located within the study area. CDOT will determine which resources will be the responsibility of CDOT and which resources will be evaluated by FHU. It is assumed that CDOT will evaluate Archeological and Paleontological resources. Environmental Data Collection FHU will perform a desktop evaluation by collecting existing information for environmental resources in the project area. These will be from previously published reports, regulatory databases, and other readily available sources. This will include aerial photography and GIS information. Additionally, field data collection will be conducted on locations where the project team has right -of -entry. Field collected information will be collected in a format that can be used in GIS and readily displayed in a map format and used for impact evaluation. The following resources will be documented in technical reports/memorandums by FHU to support the completion of the CDOT Form 128 for the trail alignment along WCR 26 and WCR 7 and the Alignment Study for the trail connection to St Vrain State Park. Desktop and field data collection will include both the trail alignment and trail connection. A separate Alignment Study and resource technical memos/reports will be prepared for the trail connection to St Vrain State Park. September 27, 2023 Scott Belonger Page 3 Hazardous Materials FHU will conduct a site reconnaissance to evaluate the study area and current adjacent properties and activities, analyze historical records, and review agency records, as appropriate, documenting the potential presence of hazardous materials (otherwise known as "Recognized Environmental Conditions" [RECs]) within the study area to support the preparation of ISA Form 881 Visual observations will be made of on -site activities and surface conditions to identify any potential hazardous materials or waste issues FHU personnel will visually survey the study area by driving the perimeter and adjoining surrounding areas of the project vicinity via access roads and by walling areas with safe public access FHU's visual site assessment will be limited to areas visible from public right-of-way (ROVV) and will not include access to fenced -in areas, interiors of buildings, and/or areas not visible from public ROW Following the reconnaissance survey, any areas that could not be visually assessed were evaluated more closely on current aerial photographs provided by public sources (e g , Google Earth) Historical records such as Sanborn fire insurance maps, US Geological Survey topographic maps, and readily available historical aerial photographs will be obtained and reviewed and will include all obvious uses from the presenttimetothe study area's first obvious developed use or 1940 FHU will also research and summarize readily available natural resource sources that provide information regarding geologic, hydrologic, and topographic conditions at the study area The FHU team will review records for the study area based on the ASTM International Designation E 1527-21 standards, unless otherwise specified It is assumed that FHU will purchase the database report to assist with regulatory agency records review FHU will complete an Initial Site Assessment (ISA), including CDOT Form 881 that will include the study area which summarizes the above analyses The focus of the ISA will be areas where ground disturbances are anticipated No soil or water testing will be conducted The ISA will include findings and recommendations regarding potential risks, unknowns, and future investigations FHU's scope of work for hazardous materials does not include developing plans, specifications, notes, or quantities to support design efforts These tasks would involve a change in scope and fee For the Alignment Study, FHU will order an environmental database records search for the study area in accordance with the search radii specified in ASTM E 1527-21 For this assessment, ASTM-required databases with respect to the status of the listing and its location within the study area boundaries will be evaluated, non-ASTM required databases will not be evaluated It is assumed that FHU will purchase the database report to assist with regulatory agency records review FHU will supplement this information with a desktop review by our focused team of environmental resource specialists This scope and fee does not include the analysis of regulatory files, review of historical records, review of information regarding geologic, hydrologic, and topographic conditions at the study area, and/or the preparation of an Initial Site Assessment (ISA), including CDOT Form 881 These tasks would involve a change in scope and fee The FHU team will document the environmental data in a manner that allows the information to be used in future NEPA analysis, notably for any early action projects, which will likely include preparation of a Programmatic Categorical Exclusion, depending on the action Biological Resources/Wetlands FHU will complete a field survey and prepare a Biological Resources Report for the Trail Alignment CatEx as well as a report for the Alignment Study, documenting existing conditions and potential impacts to wetlands and other waters of the US, vegetation and noxious weeds, fish and wildlife, migratory birds, and threatened and endangered species Field work will be completed prior to October 31, 2023 or the first snow fall (whichever occurs first), in order to ensure that vegetation is still identifiable Field preparation including a desktop review of potential biological resources in the area will be conducted In addition, GIS maps and data will be prepared in order to facilitate data collection in the field Desktop review will consist of, but is not limited to, reviewing the USFWS NWI mapper website and USFWS IPaC website September 27, 2023 Scott Belonger Page 4 During the field survey, data shall be collected using a Trimble® R1 GNSS Receiver paired with an Apple 'Phone equipped with the ESRI® Field MapsT° application The wetland delineation for this protect will utilize the latest U S Army Corps of Engineers (USACE) delineation methodology Wetland characteristics will be documented using Wetland Determination Data Forms from the Regional Supplement to the Corps of Engineers Wetland Delineation Manual Great Plains Region (Version 2 0) The survey will take place during one business day with travel time included If wetlands, or other waters of the U S , are identified in the environmental study area and impacts are determined to be unavoidable, FHU will prepare documentation for and obtain a Section 404 permit from USACE FHU assumes the project would qualify for a Nationwide Permit and the Colorado Stream Quantification Tool would not be required Historic Resources FHU will establish the Project's Area of Potential Effects (APE) boundary, in coordination with CDOT FHU will conduct a literature/file search for historic and cultural resources within the APE, using the Office of Archaeology and Historic Preservation (OAHP) Compass database database and CDOT Historic Sites Viewer database to determine whether any previously recorded resources located within or adjacent to the APE are eligible or potentially eligible for listing in the National Register of Historic Places (NRHP) FHU will use additional resources including the Weld County Assessor's property database, USGS historic topographical maps, historic aerial photography, and past cultural survey reports to evaluate which buildings and structures, not previously surveyed, meet the minimum age requirement for NRHP eligibility FHU will analyze properties 45 years and older (1978 and older) located within the APE to provide additional time for project planning and construction purposes and use this information to provide an analysis and assessment of the required cultural and historic resource evaluations necessary to comply with Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended FHU will prepare the Section 106 consultation, including an APE, eligibility determination, and effects determination, if needed, and quantify project effects as part of the NEPA Documentation phase Parks, Trails, and Open Space/Section 4(D Resources FHU will review documentation regarding the Weld County parks and trails system for non -historic Section 4(f) properties, which consist of publicly owned parks, recreation, and wildlife refuges FHU will evaluate potential impacts or ROW acquisitions to Section 4(f) properties, followed by avoidance strategies, minimization, and/or mitigation alternatives for any Section 4(f) properties FHU will coordinate with CPW for the trail connection with St Vrain State Park Environmental Justice/Equity Using EJScreen, CDPHE EnviroScreen, and the latest census data available, FHU will determine if any environmental justice (EJ) populations including minority, low-income, limited English proficiency (LEP), and other vulnerable populations are within or adjacent to the study area The goal of the project is to create a safer and more comfortable experience for pedestrians, regardless of race, income, and ability No impacts are anticipated to EJ populations September 27, 2023 Scott Belonger Page 5 NEPA Documentation for WCR 26 and WCR 7 Trail Alignment FHU will quantify environmental impacts, where feasible. Other impacts will be discussed qualitatively to provide an understanding of the effects of the trail alternatives. Impacts will be determined based on FIR level design. FHU will work closely with Weld County and CDOT to incorporate the appropriate environmental resource mitigation into the Project. These mitigation measures will be documented, catalogued to be tracked throughout the remainder of the preliminary, final design, and construction phases of the project. Any appropriate mitigation will be identified and described in the individual technical reports/memorandums. This documentation will be formatted in a way that can be incorporated and tracked through the design process and into construction. FHU will prepare the reports for review by Weld County and CDOT. It is assumed that Weld County and CDOT will review the reports concurrently. One review and revision for each reviewing agency is applicable. All comments will be catalogued in a comment and response matrix and a revised version of the document(s) will be provided along with the comment matrix. CDOT shall use the completed technical reports/memorandums and required permits to complete and sign the Form 128. Alignment Study for Trail Connection to St. Vrain State Park FHU will prepare the Alignment Study Report for review by Weld County. FHU will quantify environmental impacts, where feasible. Other impacts will be discussed qualitatively to provide an understanding of the effects of the alternatives. FHU will work closely with Weld County and CPW to incorporate potential appropriate environmental resource mitigation. Any appropriate mitigation will be identified and described in the individual technical reports/memorandums. FHU will prepare the resource memos/reports for review by Weld County. It is assumed that one review and revision is applicable. All comments will be catalogued in a comment and response matrix and a revised version of the document(s) will be provided along with the comment matrix. September- 27, 2023 Scott Belonger Page 6 Figure 1: Environmental Study Area September 27, 2023 Scott Belonger Page 7 Task 3 - Standards Compliance FHU will perform a quality control review of all 60% and 100% design deliverables to check for compliance with Weld County design standards. Design discrepancies will be documented and shared with Otak and client staff for consideration and incorporation. Task 4 — Railroad Coordination & Design FHU has coordinated with the Public Utility Commission (PUC) related to the planned trail crossing of the Great Western Railway along WCR 26. The following information and design input was determined: Pavement crossing material (concrete or asphalt) will need to be added on WCR 26 for vehicle movements across the GWR tracks. Coordination with GWR will determine the pavement type. The pavement for the trail across the tracks can be an extension of the roadway pavement at the crossing, or can have a gap, depending on conditions between the roadway and trail crossing. Note the tail crossing must be within 25 feet of the edge of paved vehicular travel way, or it must be grade separated. Asphalt material will need to be placed on WCR 26 in advance of the Great Western Railway crossing on both sides of the tracks for a minimum of 2 feet. Additional asphalt approach pavement is encouraged, as it will assist with limiting snowplow damage to the tracks and crossing pavement and reduce gravel debris on the tracks. Existing crossbucks will need to be replaced and will need to include retroreflective yield signs. Advance track crossing signage will need to be added. A Field Diagnostic Review Meeting will be required to be held upon project initiation, with PUC and GWR staff. GWR now requires a preliminary engineering agreement for coordination of public projects. This agreement will be required between the road authority and GWR for reimbursement to GWR for their participation in project meetings and review of documents. A PUC application will be required for the trail crossing, to identify the addition of pavement to the crossing and approaches, and to identify the approach warning signing to be added on each approach. The road authority will be the applicant. FHU will lead all tasks related to railroad coordination and design of the at -grade trail crossing. Further detailed discussions with PUC and railroad representatives about crossing requirements will help to refine this task effort. Task 5 — Irrigation Coordination & DPsign FHU will determine impacts to the existing farm irrigation canals and structures with the planned trail alignment and design. The team will then provide coordination with ditch owners and provide improvement design to these facilities as stated below: Determine irrigation owner, hold kickoff meeting with the owner's representative to determine intent, and extents of facilities, decreed flows, and capacity of the existing systems. FHU assumes that two (2) separate irrigation companies exist within the project limits. Develop plan to provide adequate conveyance of decreed flows that accommodates the trail design. FHU assumes 3000 LF of irrigation canal impacts and four (4) irrigation structure impacts. Provide memos to each irrigation owner showing the design and backup calculations to document design decisions and hydraulic capacity of the proposed system. September 27, 2023 Scott Belonger Page 8 Provide detailed construction plans for all structures, pipes, and open channels being relocated by the project. This includes structural engineering of concrete diversion structures. SW Weld County FHU Trail Fee Proposal Study & Design Billing Rate: 1 Jenny Young Principal II Matthew Downey Planner IV Rich Follmer Associate Katharine Duitsman Principal I Michelle Schefflin Engineer IV Tamara Keefe Environmental Scient st V Amanda Cushing Hazardous Materials Jake Lloyd Historic Resources Brigid Miller HazMat & Historic Support Payten Maness Biological Resources Support Zach Topoleski Graphic Design Specialist IV Stephanie Anzia Associate Scott Dankenbring Leao Designer C) c En C W Josh Root (Senior Engineer ISouzana yang 'Engineer III Alivia Plankis Senior Engineer David Marsh Engineer II SUBTOTAL FHU LABOR (HOURS) SUBTOTAL FHU LABOR (COST) TOTAL - TASK COST $295 , S170 S275 $280 , $170 $190 $190 r S145 S115 S85 $150 $275 S215 $130 $225 $145 $225 $130 Task 1 - Crossing Analysis & Design , I 104 $20,280 $20,280 Trail Crossing Analysis & Preliminary Design 4 12 28 4 64 $13,600 S13,600 16 Trail Crossing - 60% Design 4 4 16 24 $3,860 $3,860 Trail Crossing - 100% Design 4 4 8 16 $2,820 $2,820 Task 2 - Environmental Assessment 138 $44,510 $44,510 Data Collection 36 26 60 16 138 $18.870 $18,870 NEPA Documentation for Trail Alignment (WCR 26 and WCR 7) 4 20 4 24 22 24 98 $13,290 $13,290 Alignment Study for Trail Connection to St Vrain State Park 12 12 2 8 20 16 70 59.520 $9,520 Permitting (Nationwide Permit) r 8 r 2 12 22 52,830 52,830 o A $14,680 66 $14,080 Standards Compliance - 60% Design I 40 58,560 $8,560 lb ?Q — Standards Compli 10 16 26 $5,520 $5 520 Task 4 - Railroad Coordination & Crossing Design 142 $30,700 $30,700 Railroad Coordination & Preliminary Design 4 8 12 28 8 16 76 $17,340 $17,340 Railroad Crossing - 60% Design 4 4 1 I 8 4 16 3/ $7,200 $7,200 Railroad Crossing - 100% Design 4 4 1 8 4 8 29 56,160 $6,160 Task 5 - Irrigation Coordination & Design 54 $28,360 $28,360 Irrigation Coordination & Preliminary Design 24 20 10 54 $10,550 $10,550 Irrigation - 60% Design 1 12 40 10 63 $11,030 $11.030 Irrigation - 100% Design , 1 , . . 12 20 4 37 $6,780 $6,780 LABOR SUBTOTAL 8 52 56 30 40 76 6 ' 60 102 68 4 44 16 40 48 80 24 40 504 $137,930 $137,930 1 Other Direct Costs (Travel, Printing, Engagement Materials, etc.) $2 ,000 TOTAL PROJECT COST (FHU) $139,930 Standards Compliance has been removed from the FHU scope. Revised total $125,850 Attachment C.6 esterll States Land Services, LLC Acquisition and Relocation Specialists 505 North Denver Avenue Loveland, CO 80537 (970) 667-7602 Metro: (303) 938-1414 Wslsrow.com October 31, 2023 OTAK, Inc Scott Belonger, P E 371 Centennial Pkwy #210 Louisville, CO 80027 RE Weld County Trail Project — Property Acquisition Dear Mr Belonger, Thank you for contacting us to provide a proposal for property acquisition services for the above referenced project We understand you will be working on design for the above referenced project with Weld County and would like our assistance to provide right of entry, title reports, property acquisition and appraisal services PROJECT DESCRIPTION Based on the preliminary information we have been provided, we plan to provide right of entry and level of interest discussions with up to five, (5) property owners Once an alignment is proposed we would anticipate working with up to five (5) landowners to acquire easements for the project We understand this Project will receive funding that is administered through the State of Colorado and therefore our acquisition process must conform to CDOT policies We do not anticipate the need for any relocation assistance If it is later determined that relocation may be necessary, that would require an amendment to our proposal SCOPE OF SERVICES In order to acquire the necessary property interests as outlined above, Western States will perform the following services A Right of Entry We will gather landowner information and send out right of entry requests to approximately 5 landowners We will follow up with phone calls and meetings as necessary to discuss the project and potential impacts in advance of design Our ability to obtain signed nght of entry is dependent on landowner cooperation If we are unable to obtain signed forms from any of the landowners, we will discuss alternative options with Otak and the County B Meetings and general coordination / research Western States will meet with the County, Otak and other co -consultants as necessary to assist with the various coordination efforts We also plan to meet with the affected landowners in the field as necessary We anticipate multiple status or coordination meetings with the team to discuss the status of acquisition and to develop responses to landowner questions or feedback C Title It is our understanding title reports will be obtained by King Surveyors and provided to us D Valuation For the purposes of this proposal we are including a third party appraisal and appraisal review for each of the 5 affected landowners If the value of the property interests is estimated to be less than $10,000, we may be able to complete in-house waiver valuations at a lower cost E Preparation of Documentation Western States will draft the initial Notice of Interest Letter and an Offer to Purchase letter that meet CDOT standards We will use the CDOT MOA and standard County conveyance forms that will be filled out by our staff and reviewed by the County prior to issuance F Negotiations Prior to starting the appraisal Western States will issue the NOI letters and attempt to meet with the landowners and the appraiser(s) to review the property After the appraisal(s) are completed and we will have an FMV approved by the County, Western States will present an Offer on behalf of the County Once the Offer has been issued, Western States will discuss the compensation being offered and obtain initial feedback Throughout our negotiations, we will maintain current communication with Otak and the County regarding the status of the negotiations and any issues that may arise If we determine that we are unable to negotiate a voluntary settlement, we will discuss our remaining options with the team G Closings Once we have reached an agreement, the final documentation will be forwarded for review and approval by the County Upon acceptance of the executed Agreement we can either facilitate the closings in-house in exchange for a closing statement and receipt or we will coordinate the closing through the title company If the County would like to obtain title insurance, we would recommend closing through the title company H Condemnation If it is determined that eminent domain is necessary, Western States will be available to provide testimony as to our good faith negotiations at an IP hearing All of our acquisition efforts will meet and exceed the statutory requirements for good faith negotiations I ROW Clearance Once the property has been acquired and closed we will submit our complete files to CDOT requesting ROW Clearance Once clearance is received we will consider our efforts to be complete SERVICES TO BE PROVIDED BY OTHERS It is our understanding Otak or other consultants will provide the following services A Engineering and design information, including necessary plans B Title reports C Surveys and legal descriptions as necessary D Field staking as necessary of the areas to be acquired for review with the property owner / representative E Legal assistance and advice relating to matters that may be raised during the negotiations, including contracts, contractual terms and the like COST ESTIMATE Right of Entry Services In order to perform the services delineated above, Western States provides the following estimate to pursue nght of entry from up to five (5) property owners Project Mngr /Sr Agent 20 hours x $110 per hour Clerical 5 hours x $75 per hour Expenses mileage, copies, facsimiles, postage, telecom $ 2,200 00 $ 375 00 $ 2,575 00 $ 500 00 Estimated WSLS Total for Acquisition Services $ 3,075 00 Acquisition Services In order to perform the services delineated above, Western States provides the following estimate to acquire property interests from up to five (5) landowners Project Mngr /Sr Agent Clencal Waiver Valuations 200 hours x $110 per hour 25 hours x $75 per hour TBD @ $500 $ 22,000 00 $ 1,875 00 $ TBD $ 23,875 00 Expenses mileage, copies, facsimiles, postage, telecom $ 3,000 00 Estimated WSLS Total for Acquisition Services $ 26,875 00 Appraisal Appraisal Review Third Party Services 5 x $5,500 5 x $2,300 Estimated Total for Appraisal Services $ 39,000 00 $ 27,500 00 $ 11,500 00 ESTIMATED TOTAL FOR ACQUISITION AND APPRAISAL SERVICES $ 68,950.00 The above estimate is for acquisition services through statutory negotiations and is based upon current information As with all of our work, we note that the fee estimated above is not a fixed bid and we would only charge for the actual time and expenses incurred dunng the conduct of our acquisition services Thank you and should you have any questions regarding this preliminary proposal, please contact me at your earliest convenience Sincerely, WESTERN STATES LAND SERVICES, LLC 711,.&i pi/ate Mitch Hauff Member Contract Form Entity Information Entity Name * OTAK INC Entity ID* @00047538 Contract Name* Contract ID SW WELD (WCR 26) TRAIL DESIGN PROJECT CONTRACT 7651 Contract Status CTB REVIEW Contract Lead * EPINKHAM ❑ New Entity? Parent Contract ID 20231784 Requires Board Approval YES Contract Lead Email Department Project # epinkham@co.weld.co.us Contract Description * CONTRACT BETWEEN WELD COUNTY AND OTAK INC. FOR THE WCR TRAIL DESIGN. THE PROJECT WAS AWARDED TO OTAK INC IN RFQ B2300074. THE PURCHASE ORDER NUMBER IS P2300601. Contract Description 2 Contract Type* CONTRACT Amount* $1,000,000.00 Renewable * NO Automatic Renewal NO Grant YES IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Grant Deadline Date Requested BOCC Agenda Due Date Date* 11/30/2023 12/04/2023 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 11/01/2024 Committed Delivery Date Renewal Date Expiration Date* 12/31/2024 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 BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/05/2023 12/05/2023 12/05/2023 Final Approval BOCC Approved Tyler Ref # AG 121123 BOCC Signed Date Originator EPINKHAM BOCC Agenda Date 12/11/2023 MEMORANDUM Date: August 18, 2023 To: Rose Everett, Purchasing From: Evan Pinkham, Project Manager, Public Works RE: B2300074 Engineering Services for Weld County Trail Design Project Public Works has conducted a QBS selection process to select a consultant to perform a study and design of a trail along WCR 26 and WCR 7, connecting Union Reservoir, Mead High School and St. Vrain State Park. A team comprised of Danielle Cassidy (Open Space Manager, Longmont), Matt Wiederspahn (Town Engineer, Firestone), Erika Rasmussen (Public Works Director, Mead), and Evan Pinkham (Transportation Planner, Weld County) reviewed and scored the three (3) consultants that were shortlisted after a review of the Request for Proposals. See attached ranking summary. Weld County was awarded funding in the amount of $900,000.00 through the DRCOG SW Weld Forum for the design project. Weld County, Longmont, Mead and Firestone are providing local match in the amount of $25,000.00 each for the project to make the total project funding $1,000,000.00. It is our recommendation to award the design contract for the trail project to Otak for a not to exceed amount of $1,000,000.00. zo23- 1-1134 EC -.o0$ I i RFP Submittal Scoring Firm Longmont Mead Firestone Weld County Average Score Drexel, Barrel & Co. 64 70 43 55 58 JR Engineering 75.5 65 49 78 66.875 Otak 91.5 88 71 92 85.625 i Interview Firm Longmont Mead Firestone Weld County Average Score Drexel, Barrel & Co, 64 68 52 68 63 JR Engineering 78 68 56 76 69.5 Otak 83.5 96k 68 82 82.375 Total Score Average RFP Submittal Interview Total (Average Score) Drexel, Barrel & Co. 58 63 60.5 JR Engineering 66.875 69.5 68.1875 Otak 85.625 82.375 84 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E-mail: reverett anweldgov.com E-mail: cgeisertcSweldgov.com Phone: (970) 400-4222, 4223 DATE OF BID: JUNE 23, 2023 REQUEST FOR: ENGINEERING SERVICES FOR WC TRAIL DESIGN PROJECT DEPARTMENT: PUBLIC WORKS BID NO: B2300074 - RFQ/RFP PRESENT: JUNE 26, 2023 APPROVAL DATE: T -BD- - AUGUST 23, 2023 VENDORS DREXEL, BARRELL & CO 1376 MINERS DRIVE, SUITE 107 LAFAYETTE, CO 80026 OTAK 371 CENTENNIAL PARKWAY, SUITE 210 LOUISVILLE, CO 80027 J -R ENGINEERING 2900 SOUTH COLLEGE AVENUE, SUITE 3D FORT COLLINS, CO 800525 THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE PROPOSALS. 2023-1784 (o/ 2( c c i Hello