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Home My WebLink About20200136.tiffConvaCk-1Di+- (o55� no MEMORANDUM TO: Esther Gesick, CTB DATE: December 7, 2O22 T Y FROM: Clay Kimmi, P.E., Public Works SUBJECT: CR 66 and CR 41 Intersection Design Services Contract Extension for Horrocks Engineers Please place the attached contract extension on the BOCC consent agenda for an upcoming 9 am hearing. The contract renewal is for the CR 66 and CR 41 Intersection Design Services Contract currently held by Horrocks Engineers. The original contract id is 3452 and the original document number is 2020-0136. The contract id for the renewal is 6558. The Board previously approved the contract to be placed on the agenda via a pass around that was returned on December 7,2022. The original contract amount was $789,818.00. The contract extension is included in the 2023 Public Works Budget. There is approximately $22,000 left on the contract. I will plan on attending the meeting to answer any questions. Za7A-oI31� EC-�U01� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Renewal of CR 66 and CR 41 Intersection Design Contract DEPARTMENT: Public Works DATE: 12/6/22 PERSON REQUESTING: Clay Kimmi / Don Dunker Brief description of the problem/issue: On March 9, 2020 Weld County entered into a professional services agreement (Original Contract) with Horrocks Engineers (Horrocks) to provide design services, ROW acquisition, utility relocation/coordination, and construction support for the CR 66 and CR 41 intersection project. The contracted amount for these services was $789,818.00. The Original Contract indicates that the term of the Contract shall continue through the Contract Professional's completion of the activities outlined in Exhibit A of the Contract. The Contract is to be extended annually through the completion of the activities outlined in Exhibit A provided the County is satisfied with the work being performed. Horrocks has provided professional and timely engineering services for the project under the Contract in 2020, 2021, and 2022. In order to complete construction support and FEMA LOMR tasks, the Contract needs to be renewed through December 31, 2023. The Contract has approximately $22,000 left on it. The contracted amount will remain unchanged with this renewal. Public Works has the funds to cover the remaining work in the 2022 and 2023 budgets. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Approve the renewal of the Original Contract and allow it to be placed on the next available consent agenda 2. Ask for more information in a work session. Recommendation: Staff recommends approving renewal of the Original Contract and placing it on the next available consent agenda for approval. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro-Tem Vp 1iVI Scott James, Chair Steve Moreno Lori Saine �"7 Karla Ford From: Sent: To: Subject: Approve Sent from my iPhone Mike Freeman Tuesday, December 6, 2022 4:16 PM Karla Ford Re: Please Reply - Pass -Around Renewal of CR 66 and CR 41 Intersection Design Contract On Dec 6, 2O22, at 6:1O PM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve recommendation. Thanks! Karla Ford 9. Office Manager, Board of Weld County Commissioners 1150 O Street, P O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p,m.** <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Samantha Brown <sjbrown@weldgov.com> Sent: Tuesday, December 6, 2O22 4:06 PM To: Karla Ford <kford@weldgov.com> Cc: Don Dunker <ddunker@weldgov.com>; Clayton Kimmi <ckimmi@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Subject: Pass -Around Renewal of CR 66 and CR 41 Intersection Design Contract Good afternoon, Please ask the commissioners to review and sign. Thank you, Samantha J Brown Office Technician 111 Public Works Department 1111 H Street, PO Box 758 Greeley CO 80631 970-400-3763 1 CONTRACT AGREEMENT EXTENSION BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS �'.. AND HORROCKS ENGINEERS, LLC CR 66 AND CR 41 INTERSECTION PROJECT This Agreement Extension/Renewal ("Renewal"), made and entered into ,,,.I=1 day of° , e� , 2022, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Horrocks Engineers. LLC. hereinafter referred to as the "Contract Professional". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2020-0136, Contract ID No. 3452, approved on March 9, 2020. WHEREAS the parties agreed to extend the term of the Original Agreement in accordance with the terms of the Original Agreement which was approved by the Board of County Commissioners as document No. 2020-0136. Contract ID No. 5496 for the first renewal was approved on January 10, 2022. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • Per the Agreement for Professional Services dated March 9, 2020, Section 3, the contract shall continue through the Contract Professional's completion of the responsibilities outlined in Exhibit A. • Exhibit A of the Contract contains a description of work to be completed and includes the design of the intersection project, ROW acquisition, utility relocation and coordination, construction support, and submittal of a Letter of Map Revision (LOMR) to FEMA following construction activities. 1. To date, the design of the intersection is complete. 2. ROW acquisition is complete with the exception of the Schump property. 3. Utility relocation and coordination is expected to be complete by the middle of December 2022. 4. Construction support phase is expected to start on November 1, 2022 and last through June 2023 S. The submittal of the LOMR to FEMA is expected to occur in June 2023. • The parties agree to extend the Original Agreement through December 31, 2023. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: HORROCKS ENGINEERS, LLC BOARD OF COUNTY COMMISSIONERS WELD LINTY, COLORADO Printed . ame Scot K JamCe�s, Chair CDE C 1 9 2� . °a %r EST: V. i Vi 'ICM3L 5ignatur `�' County Clerk to the Board 166' �ti; Clerk to the Board o21 o20 -- O/,3 New Contract Request Entity Information Entity Name* Entity ID* ❑ New Entity? HORROCKS ENGINEERS INC T00041460 Contract Name* Contract ID Parent Contract ID EXTENSION #2 FOR CR 66 AND CR 41 DESIGN CONTRACT 6558 3452 Contract Status Contract Lead* Requires Board Approval CTS REVIEW CKIMMI YES Contract Lead Email Department Project # CKimmiWco.weld.co.us GR-45 Contract Description EXTENSION FOR THE DESIGN CONTRACT FOR THE CR 66 AND CR 41 PROJECT Contract Description 2 Contract Type* Department Requested 11OCC Agenda Due Date RENEWAL PUBLIC WORKS Date* 12,i'08t2022 12/12;2022 Amount* Department Email $798,818.00 CM- Will a work session with BOCC be required2* PubbcWorksWweldgov.com HAD YES Department Head Does Contract require Purchasing Dept. to be nduded? CM-tblicWorks- NO Automatic Renewal DeptHead` eldgo v com NO County Attorney Grant GENERAL COUNTY NO ATTORNEY EMAIL IGA County Attorney Email NO CM- COUNTYATTORNEYWWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a EISA enter MSA Co act ID Note: the Previous Contract Number and Master Services ices Agreement Number should be left blank if those contracts are not in Ontase Contract Dates Effective Date Review Date* Renewal Date* 12/071'2022 12'31 /2023 Termination Notice Period committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CHERYL PATFELLI MATTHEW CONROY DH Approved Date Finance Approved Date Legal Counsel Approved Date 12 t+08; 2022 12,r08a+2022 12;°09, 2022 Final Approval ACC Approved Tyler Ref # AG 121922 11OCC Signed Date ACC Agenda Date 12,119 2022 originator GRIMM] Con4c+ I t45$(o MEMORANDUM Date: February 7, 2022 To: Esther Gesick, CTB From: Clay Kimmi, Project Manager, Public Works RE: OnBase Contract ID #5561— Change Order #1 for Design Services on CR 66 & CR 41 Intersection, B2000034 Please place the attached agreement on the BOCC Agenda. The BOCC approved the placement of the attached Change Order #1 on their agenda via pass around on February 3, 2022. The change order is for additional design engineering issues that arose as the design was progressing. Public Works negotiated the cost of the change order from $109,368.00 down to $81,140.00. Public Works believes the change order amount is fair and equitable to both parties. Therefore, Public Works recommends the approval of Change Order #1 in an amount not exceed $81,140. The original OnBase Contract ID for the design was #3452. The original BOCC reference number was 2020-0136. I will plan on attending the BOCC hearing to answer any questions the BOCC may have regarding this contract. coown+ W& - VIA LO / zT Qx46dA& fri) G21/�/aa- BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Change Order No. I for Horrocks Engineers on CR 66 and CR 41 Intersection DEPARTMENT: Public Works DATE: January 28, 2022 PERSON REQUESTING: Clay Kimmi and Don Dunker Brief description of the problemlissue: As the design of the CR 66 and CR 41 intersection Project has progressed, the County has needed Horrocks Engineers to perform some out -of -scope work with regards to ROW acquisition, utility relocation coordination, drainage/irrigation and access design, and general project coordination. As the project design is wrapping up, it has become apparent that the Other Project Services COPS) budget contained in the Contract was not enough to cover the additional costs that Horrocks had to Incur to complete the design. The County has negotiated with Horrocks regarding a change order amount that Public Wodcs and Horrocks feels is fair to both parties. When negotiations started regarding the change order, Horrocks was requesting $109,368 in additional work. Public Works reviewed the original change order request and provided comments. After going back and forth with Horrocks, their final change order request is for $81,140. Below is a brief summary of the out -of -scope items that remain after exhausting the contingency budget ROW Acduisitio tr The additional ROW acquisition included multiple meetings with landowners, some of which were difficult to deal with. The original scope of work anticipated one to two meetings with each landowner. In actuality, the County and the Consultant had to meet with each landowner 4 to 5 times in order to make sure the roadway design was not adversely impacting their irrigation or farming practices. We had to meet with the landowners to make sure they understood the easements that were acquired on behalf of the utilities. in order to visualize the impacts to their farms, the County had to stake the ROW and the easements. While one such staking activity was included in the original scope of work, after coordinating with the landowners and their tenant farmers, two of the landowners removed the stakes because they said they were in the way of their planting operations. Those same landowners then requested the stakes be reset later In the summer. Due to COVID-19, there were multiple landowners who refused to meet in public to close on the ROW and easements that were being required. In order to close on those properties, Horrocks had to hire a notary to attend the closings at the landowner's homes. During the title research phase of the ROW acquisition process, it became apparent that one of the ditch companies in the area owned a parcel that was not shown in the County Assessors data. As a result, the original scope of work did not account for the ROW acquisition activities on this parcel. All additional ROW work required to obtain the necessary ROW from the ditch company was done as out of scope work. Part of the ROW acquisition is the generation of legal descriptions the deeds and easements. Additionally, ROW plans are required as part of the design process. The original scope of work accounted for the legal exhibits to accompany the deeds and easementshowever, after two of the landowners saw the additional easements that were required for the relocation of the North Weld County Water District water line and the Xcei power lines, they informed the County that they would not agree to provide the easements for these utilities. However, they did agree to providing additional ROW for these utilities to relocate into. As a result, the original legal descriptions that had been written for the easements had to be redone to show the elimination of the easements and the addition of the ROW. The Schump property also required multiple legal descriptions to be written because the landowner couldn't decide if they wanted to sell the entire property or only the portion of the property required for the project, which was directed by the County Attorney's Office. To date, the Schump's have not given the County any indication of how they want to proceed and have hired an attorney to represent them. Utility Cook The original scope of work had anticipated that there were 6 utility and/or irrigation companies that would need to be coordinated with. Once the project was started, it was discovered that there were 8 companies instead of the 6. In order to ensure that the utility company relocations did not conflict with the County roadway and drainage design, multiple coordination meetings were held with the companies. In order to get Xcel to design their transmission and distribution lines, Horrocks ended up meeting with them three additional times. In order to ensure that the companies could use the County's roadway designs, Horrocks had to translate the project designs into various file formats and survey projections for the utility companies. Once the utility companies had their relocation designs, Horrocks reviewed the plans to ensure the utility plans did not conflict with the County design. This task was not included in the original scope of work and Horrocks has been performing this work as out of scope work. Drainage/Irrigation and Access The original scope of work included the design of drainage/irrigation and accesses to be done in accordance with Weld County Standards. While the design meets those standards, the drainage/irrigation design was much more complex than the original scope of work had envisioned. Once the meetings with the individual landowners started, it became obvious that the irrigation system was comingled with the stormwater drainage system and needed to be separated in order to limit the County's liability. To the extent possible, the stormwater drainage had to be separated from the irrigation. Wherever possible, the irrigation was removed from the ROW and placed in its own ditch instead of the County barrow ditch. Where it was not possible to separate the stormwater drainage and the irrigation, the barrow ditches had to be redesigned to accommodate both flows. The combined stormwater/irrigation ditches were designed with concrete bottoms to assist with future County maintenance of the ditches. The irrigation design was also more complicated than originally anticipated. After meeting with the landowners, it became apparent that they were using the diversion structures much differently than what it appeared to be in the field. There were two additional diversion structures that were unknown at the time the scope of work was prepared. This required Horrocks to do additional design work on the diversion structures to make the new system function like the old system. To the extent possible, multiple accesses to the same parcel were eliminated. The accesses were widened to accommodate the anticipated uses for that access. After meeting with the landowners and explaining the design, it was discovered that several of the accesses were used differently than anticipated. In some cases, meeting the County standards resulted in a larger access and a couple of the landowners did not want the access to take up the additional land area. The accesses were redesigned to accommodate the new uses that were discovered and to meet the landowner requests. The accesses still meet spacing requirements but some of them are not as wide as they could be for the associated use. General Protect Coordination Whe�Il1e- scope of work was originally prepared, the County was unaware -of the design issues discussed above. Once these issues became known, the amount of coordination required between Horrocks, and the County increased substantially. In order to assure that the additional design work met our standards, more coordination meetings were added. At one point in the project, it was necessary to meet regarding utility relocations once a week. All of this additional project coordination was not anticipated in the original scope of work. What options exist for the Board? (Include consequences, Impacts, costs, etc. of options): The total cost of the change order after exhausting the OPS budget is $81,140.00. There are three options for the Board to consider. 1. Agree to the negotiated change amount. Horrocks will be paid for the additional out of scope costs that the County believes is fair to both parties. 2. Continue to negotiate with Horrocks to lower the change order amount. 3. Have a BOCC work session to discuss further. Recommendation: Public Works recommends option 1 which is to pay Horrocks for a change order in the amount of $81,140.00. Public Works believes this to represent an amount that is fair to both parties. Aoprovg Scheduic Recommendation Work Session Other/Comments: PerryL. Buck Mike Freeman, Pro -Tern Scott K. James, Chair ,� Steve Moreno ? ` Lori Saine CHANGE ORDER NO. 1 Date: February 4, 2022 PROJECT: CR 66 & CR 41 INTERSECTION PROJECT described in the Invitation for Bids, Bid No. B2000034 Owner: Weld County, Colorado Contractor: Horrocks Engineers The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: $789,818.00 Current Contract Price adjusted by previous Change Order: $789,818.00 The Contract Price due to this Change Order will be increased by: $ 81,140.00 The New Contract Price, including this Change Order, will be: $870,958.00 CHANGE TO CONTRACT TIME: The Contract Time will be increased by 0 calendar days. The date for completion of all Work will be December 31, 2023 . RECOMMENDED: Owner Representative: ,,U:, 1" '€1 Date: February 4, 2022 Clay Kimmi, P.E. (Senior Engineer) APPROVALS: CONTRACTOR: Name: --✓_ Title: ` lJ.'/r'th DT WELD COU dam). ATTES �jj"" Weld 0u7 lerk to the B ar BY: Deputy rk to he Boar Date: 13 -2 — J BOARD OF COUNTY COMMISSIONERS WELT OUNTY, COLORADO K. James, Chairperson FEB 1 6 2022 HORROCKS - I'll' - F N G I N E F R S January 24, 2022 Clay Kimmi, PE Senior Engineer Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 SUBJECT: WCR 66 & WCR 41— Additional Land Acquisition, Additional Utility Coordination, Additional Right of Way Plans, Additional 100% Design, Project Coordination Dear Clay: The purpose of this letter is to document the additional services provided beyond the original scope of the WCR 66 & WCR 41 Intersection Design Project. Task 01— Land Acquisition / Negotiations At the time of the RFP, the total number of property acquisitions was unknown. Initially, 4 title reports provided by the County needed to be updated and 5 new title reports had to be obtained at full price. As the design progressed it became apparent that at least 1 full take acquisition would need to happen with the possibility of two being necessary. Initial contract was for 2 appraisals, Five M Farm and Moro Farms. The need for complete appraisals on all affected parcels also became clear during design progression. Property Owner Meetings and services beyond the original scope of services are listed below: a) Met with Schump's on 5 separate occasions to discuss potential partial acquisitions and full take acquisitions. Multiple discussions with the attorneys for Schump and the County. b) Closings on 4 properties, including hiring notary when needed. (Closings on 4 properties through a separate title company was included in original scope.) c) Post -staking meeting with Munson and Winters to discuss confusion around staking on the Northern property. d) Courtney had to go out to properties to remove initial stakes on 5M and Moro so that Winter could plant, the same day we staked. e) Document research and prep on the Bliss relocation documents. f) Western States Land Services requested 7 property titles and was not reimbursed by David Evans & Assoc. To remain within their budget, the hours allocated to Courtney Wallace were reduced. 80'c-763-6100 1 Honocks.com 4627 ",Vest 20th S reei Foad, State, . Greeley, CO 80634 jI Task 02 — Utility Coordination At the time of the RFP, the County anticipated 6 utility owners in and around the area of the intersection. As the design progressed the total number of impacted utility owners increased to 8, increasing the Utility Coordination effort. Items beyond original scope of services are listed below: a) On 3 occasions the project files had to be converted to State Plane coordinates to make sure each Utility Facility was on the same page for relocations. b) At least 5 separate Field Meetings were held with DCP, Xcel and Bliss Lateral Ditch and Property Owners c) Separate roll -plots were provided for each Utility Facility showing both existing and proposed relocation routes. d) 3 additional meetings held with Xcel/Ulteig e) Assist Atmos with a crossing agreement on Bliss Ditch Task 03 - Right of Way Plans At the time of the RFP the County anticipated 15 Legal Descriptions would be needed for the project, estimating 3 Legal Descriptions for each of the 5 property owners. With 100% Design complete 38 Legal Descriptions were needed for the project. Items beyond the original scope of services are listed below: a) Reconfigure the Moro Parcel and 5 M Farm Parcel to include the Xcel Transmission within the new proposed Right of Way. b) Schump property required an additional Legal description for the Total Take parcel. c) Final Right of Way Monumentation d) Replacement of new ROW/Easement stakes removed by tenant farmer Task 04- 100% Design Roadway and Drainage Design needed to evaluate and coordinate with landowner and irrigation owner's expectations, and the evolving utility designs. Items beyond original scope of services are listed below: a) After 95% Design Weld County requested the field access points be widened to 40 -ft width. Johnny met with the landowners, and the Roadway Team met 2 times with Weld County to review impacts. Agreed to revise field access points to meet the needs of each landowner. This caused changes to culvert plan and profiles, and SWMP Plans for access road redesign. b) Revise roadside ditches to include concrete lining. Change of ditch calculations and plans for using concrete lining, including change of riprap limits and SWMP Plans due to concrete lining. c) The original scope included design of 2 rectangular irrigation boxes/special structures. The 100% Design Plans include details for 2 additional special irrigation structures, a total of 4.. d) Coordination with utility companies, ditch companies, landowners and tenant farmers (Mr. Winter had many ideas to share about the project design approach.) e) At 95% Design the area inlets were switched to manholes at the direction of Weld County. Task 05 — Project Coordination and Project Management To ensure all the above tasks are coordinate and completed on time, time needs to be added for project coordination and project management. We look forward to continuing our work with Weld County to finalize the WCR 66 & WCR 41 Intersection Project. Sincerely, 4 ohnny Olson, PE Director of Transportation and Operations, Horrocks Engineers C: 970-381-2206 I E: johnny.olson@horrocks.com 3 WELD COUNTY WCR 66 & WCR 41 INTERSECTION IMPROVEMENTS HORROCKS FEE SCHEDULE RFP #: GR 45 CLIENT CONTACT: Clay Kimmi DATE: 24 -Jan -2022 OFFICE: Horrocks - Greeley HORROCKS PROJ#: CO -2344-2003 SUMMARY HORROCKSI Total Labor with Overhead and Profit ° er Notary Services Materials for ROW Monuments .,abor Costs Direct Cost Total $2,800.00 Subconsultant Costa (including Markup) (anticipated costs) Copy of WCR 6641_fee spreadsheet MASTER_01.24.2022 1/28/2022 WELD COUNTY WCR 66 & WCR 41 INTERSECTION IMPROVEMENTS HORROCKS FEE SCHEDULE RFP a: GR45 CLIENT CGNTACT- Clay Mineral DATE: 24Jan-2022 OFFICE'. 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Ni yip u 1 v �-�,M6�iAn) ltt In k.#°. 4-• t �t`f� >✓�F� l`♦r. g d 'Y'YM � � �/+ f f ) {} "9�'i*x1 :.Y+ ,A� 'Y r'��v + t fr rfPxv+{.Jk' R r nay's , f / hri'AC+' ask 05 -Project Coordination Is Project Ma et, nt 10 10 20 10 50 ".6'SF f An�e. ^i' . !r FY Y Y.l..,I Y{.ie� s J n t 1J"P /Js•a✓..'('.. $J4J .i1fA ! py #''h'Fl� nrm iif vG Tr .Ja )?{ JYf/ =r B. r %J„^Z.l. 'a rYn rY iY?, r5v�ffFi : L Q X'l e'' rt )v rb"",f %4 ., 'fi+e£F" S:! f x• f.x. dY. v f (. £JI•"ySf n#G (.ko a.}' AI 4,J17 A 1 nl TN5 d.YN}YM NF5 ti'm6i 9J YY.6n a y✓v'. Y rK' x S 'lr i ri .f Y .v, .a'fGh S "'. J. Y: x.l ) Fl i:ir`"t"it{`t G�#t 4 1 r ..✓,1Y M1,Y)Fgfti✓ 'f !i .. f >rvEry/4a Yh} .4'3 /'Y'rPlr5}Yd :{ {9 V 4/lY� , {}l vrT rti.^ t 'l Qy` : „r w��55V?^� u*x { �+.y5� fx5^.l r6,i.cm"iq.cvf+):v ./• .frF. tir.++W 3 1Y :.-. ,₹( (W{/� my {+ x ��.�Y.'... ? a r X_ x ✓ Ii fFt a5 - 4.. 4 q"Vv.' , jY l 'tY i' ry(ij) x QriAn n-. •AI+m f v S " $ A...FY S.. n8/y.fk},i#3. ) Y 4xl q rtk9 "Y,Y Xik r �r+.-/./Rf•}rA Yf R p N_ ]r L.JhY'x:. sk 06 - .T.P3.G G .YKfr+^....,f..+,JtAYFrfyfG hrvF tl.r ._fyat. -xen ✓1{YJ ves✓`+'x.. Wp/h+ye. vr..N*Y. S.Cpwu2/ r ,rt'.. ✓. :*x x`X'! }y9 khf. Q:Gr st _M/a fUY p f`R5'fl"f �@ /A.�•J� f '+4, rv°J�YS�f$ ♦ llr r Y J. TY P,'.y! rv.. t r F a$}.#rn 4 (r - '{4 ^,. 4xryx 'J YYH r #� I'5 xk9s'n1":.�1 rxL YY S Yl�{3 4JIT'J: IYb F rAYf{ H! .JYileFyrA"'.aAf44,{n,-., e�f*.:..JC ��(�: rn/- ii" 'y:h�Y c.Ye xt 4.;r`t^. Ci 3'."r'-'x:✓'P J✓5�"k'5'"rmY�.4rO K',4"rf, JaGx ftA,;^ lvx rvfi. y, "f5�₹#"'1 Y�,y„,,�dWt`N r'F'c`69y46't ,YlM. 1.. V4.e.- A sAy �.i j+ (R f:M1)v Y?iil-n5d::/J3kx'..f'w t�" F:1 }, {n d�'^3' }" y 9 'f At +`•,t x4'GL 15. J :../T+r .z';`ifiC: i F -J"R.•:trv"'t-'¢•`, r{ 'rri tarvy S:n'i^f"J•Ri Y✓.. (G r, uf'`x':c`.e.r.i3et.f l +qi :>..f:Vr f `„>4 fi•'s'er f.. .. .,, .�.,r. ., .,.,,•... G r. x •... Y.f... <r ,., .. ..r ..... ........ r.rm -. ,.. ..,. ,• '.,. .:., ,. rm... ..-.r,. ...,.� r ...., ... .. ..4 SUBTOTALS -HOURS 50 62 30 112 89 40 40 40 40 60 582 .v'.:,sa ( N .. ,xf"x....e:•+yrf QYYb+ p! /vSf yy{ � '3"a' ).. f�- �f.'{,){2. a�R Fll JeYry :l.'rt .�.. v. -^'}rte. pfStu r rV i-M1 ,anye 5/! 'vtry ry R rt .. )., ra+ 4} '¢ is}-, ;+r N 4PM xxrn y r M1 't+fr rn rR ilFt K.. {.y r.'r! aA f y} , r ) ra. rL`} xr ) h 3. + Y x ibb J Nf!t { +j-/ ry + f i.Y [.f kA. r;"{x C ^r 6 d-JFY ryo rLrs Wf( x+L f , a G15jgw #ar! rY•tr✓l' l!/�•:3 Jj(.PJ1 .u)nr�Y(n'... e tf .. (4..� xi nf.'h ^y r lvHfx-Um4 Y4„K`+� tiF T.ITr 1 b5v �t iNLg r'if YM1✓ nXT ytii kA 'D fi/ 4ry s. .^. Yr Y Yx V iVt r µi ":r 4✓a k�Ev da 2 x ryYr.,Ytf 44 +F� y'.f£ £ 4Y"'v A. F {y ��f �W JS lirG`4,>"1F ,Sf.$r«�/��r v4Av Y A . . r73 n/J .A/`,G`,. Yhr r. . . 1v �YJ1Yt 1rx ' i' : 'K *!"m 'fv"+ tY.. :j4111 r' r r zW1Aro fi.4ir�irr rvu Subtotal of hours in 2022 50 62 30 112 66 40 40 40 40 SO 582 Subtotal of hours in 2023 i YNfv r #'r: �4t h 1 dJ +"l:u... .s..i'Y . ,v' r. ,• •.., "i' `�iY �""'�L3G i G•'t'#Si''Y4J�FdFi+ }}yy��((�� {J'eJ. {. t ₹. n�:J I){ftN! P $A 1r e,Y. tvAf-' e• l:.{rmf W- ^✓ yy!' f Y,ln .: � {��ff, ti: .}%v ivy ry r r• 1 ��"?$r yma+' Py f %G f./xG r ,:r h�py yy�U /^6l ^,1.^i3 :1 u ) i 0� Q H" G4e ✓. gat; }A a a , y��/}{p�`j� iJlfe R5l^$}.T Y r :! lrv:n [i/ef. ve vL'{• ,i. :aw. f td •�?✓,r M. @y"RW j4 )4 `',itr�(Wyt XY n•.�{`/ 5+'G •F Nh,.JUe z.>`•p,'' . J.ytfx,nn)'•5.,1y ., fn,+1': tA: a Ntdf!wq/ ,flp'S; i b3 N ....r 3x. 4 ,y ,y9D'�„if4uil„ Yc .ra J / .t',Stl , ? rcN , r.. ,r s.. f l rmr I Off f;; efyc oru , C s t3:`>S130-J K s ✓ 1 q„° N, o- N . `.135''I"6hth r ry ,);� Y'' ;,a w 5 '.'+^ t'rf'Si x,. Sublydal Labor Costs for $10000.00 $10,354.00 55,010.00 £15456.00 $6,160.00 $6,520.00 $4,300.00 $5,600.On 56.660.00 $6,000.00 $]8,340.00 Subtriat Labor Costs for 2023 ,� f✓. ) / Lj T r f 4` J'Ji 4/ rGxry r+yrJf Y ✓# ,r I✓f v'4t/ .... .e n .. vrveJP� +!�.lo✓a ..Y��r Nvf'✓{ rt n.n t8/ .r,Prl� Y l:Yf, �ry .: r$e fpyq�-Ti fl , pp t � - f�f.,.. .. 5 ¢� �m'ji�n R1 " ✓ Lri"/Yp G•Y"�n. f. Y A 5 ( //[¢�{ ��rn{µ�( x"�l "A'Y."Yr i qq y }r6n $ {BgD6/X X.�2ar 4 J fJ I i ��ryry Y"Y. S �w!! -y(e��.�M !. rte. P A R"^`4"/d�- ol, WY r h r '-v ' h rk •.ni TOTAL LABOR COST, (this sheet) 5T0,3d6.U0-'K Copy of WCR 6641 fee spreadsheet MASTER_ 01.24.2022 1/28/2022 r Kerni Allison 3424 Thames Ct Fort Collins, CO 80526 Courtney Wallace 1007 Tierra Lane Unit B Fort Collins, CO 80521 Item Description Service On Site Notary Service 11/2/2021- 35530 County Road 43 Service On Site Notary Service 11/3/2021 - 31466 County Road 39.5 Invoice # Invoice Date Due Date Unit Price 50.00 50.00 Subtotal Total Amount Paid Balance Due Quantity] 1.00 1.00 0000001 11/03/2021 11/03/2021 Amount 50.00 50.00 100.00 100.9010 0.00 $100.00 WESTERN STATES LAND SERVICES LLC 505 N. DENVER AVENUE LOVELAND, CO 80537 T&: 970-667-7602 Fax: 970-667-6580 wslsadmin@ws-is.com www.wslsrow.com Johnny Olson Horrocks Engineers 5670 Greenwood Plaza Blvd Suite 416W Greenwood Village, CO 80111 INVOICE DATE: 9/29/2021 INVOICE NO: 1380 BILLING FROM: 8/25/2021 BILLING TO: 9/25/2021 O167-1 - WCR 66 & 41 Intersection Improvements - PO #:CO -2344-2003 Managed By: Courtney Wallace PROFESSIONAL SERVICES EMPLOYEE .. HOURS RATE AMOUNT CW 47.00 $75.00 $3,525.00 JD 2.00 $90.00 $180.00 Mackenzie Parry 2.00 $55.00 $110.00 SA 1.00 $55.00 $55.00 PROFESSIONAL SERVICES 52.00 $3,870.00 EXPENSES QE SCRIPTI0N` Mileage at $.55 Postage Files,Env., Mat Photo & Laser Telecom Title fees/rep. AMOUNT $63.25 $39.41 $6.25 $105.40 $64.48 Courtney's WSLS hours were reduced to cover these costs. $2,250.00 EXPENSES TOTAL $2,528.79 DUE THIS INVOICE C6lR 7. ® AMOUNT • HIS $6,39$,[9 This invoice is due on 10/29/2021 Core Standard Invoice Copyright O 2021 BQE Software Page 1 of 5 WESTERN STATES LAND SERVICES LLC 505 N. DENVER AVENUE LOVELAND, CO 80537 Tel: 970-667-7602 Fax: 970-667-6580 wslsadmin@ws-Is.com www.wslsrow.com Il LTL.] [ii3. Johnny Olson Horrocks Engineers 5670 Greenwood Plaza Blvd Suite 416W Greenwood Village, CO 80111 INVOICE DATE: 9/29/2021 INVOICE NO: 1380 BILLING FROM: 8/25/2021 BILLING TO: 9/25/2021 Managed By: Courtney Wallace PROFESSIONAL SERVICES DATE DESCRIPTION HOURS RATE Courtney Wallace AMOUNT 8/25/2021 Acquisition/ Relocation Specialist I 3.00 $75.00 $225.00 Group conference call to go over utilities. Phone call and follow up email to the team - Brad Leafgren for the Bliss. Review email from Doug Widiund for Five M Farms 8/26/2021 Acquisition/ Relocation Specialist I 8.00 $75.00 $600.00 Download al/ new plans from Corey off of the Horrocks Share file site. Re -working offers for all properties where there was a change to the legals. Phone call with Doug Widlund and Bob Choate RE: Five M and Schump parcels. Discussions with the team RE: the Bliss and what the shareholders are looking for. Reach out to NWCWD RE: requested changes to the Five M Farm easement. Reach out to DCP- talk with Lew Hagenlock over the phone about the easement replacement and with Clay about what's needed. 8/27/2021 Acquisition/ Relocation Specialist I 3.00 $75.00 $225.00 Call and email Doug Widlund about the updated offer for the DCP easement needed on the Five M parcel ₹o see if he thinks they will accept. Download and save PE -4B for the Bliss easement and confirm with the group RW-6 belongs with crossing agreement. Email discussions with team regarding the Bliss documents 8/30/2021 Acquisition/ Relocation Specialist I 4.00 $75.00 $300.00 Offer docs for Hungenberg - print, scan and create Certified mailing label. Take to post office and email to Paul and Jordan. Reach out to Don Tomoi about the offer. Correspondence with Doug Widlund RE: Five M Farm. Weekly project team call. Try to work on Moro Farms packet to verify changes. Download all the updated DCP does and send to Lew and Randy via Dropbox. Email versions of the Bliss Agreement and Amend and Restate to Paul and Brad. 8/31/2021 Acquisition/ Relocation Specialist I 3.00 $75.00 $225.00 talk with Corey about changes to more legal descriptions. Reach out to all utility companies with reminder of today's deadline. Emails with Lumen, xcel and Atmos. Work on negotiation log for the Bliss Company. Email from Doug Widlund with Schump counter offer- send to County for consideration. 9/1/2021 Acquisition/ Relocation Specialist I 3.00 $75.00 $225.00 Save new PE -4A legals from Corey, continue working on Moro offer docs. Emails with Bliss folks about scheduling a meeting. 9/2/2021 Acquisition/ Relocation Specialist I 1.00 $75.00 $75.00 Emails with Bliss Shareholders about meeting times. Send calendar invite. Finish up draft Moro docs and send to Clay. Core Standard Invoice Copyright © 2021 BQE Software Page 2 of 5 WESTERN STATES ND SERVICES LLC 505 N. DENVER AVENUE LOVELAND, CO 80537 Tel: 970-667-7602 Fax: 970-667-6580 wsisadmin@ws-Is.com www.wslsrow.com IT T191log Johnny Olson Horrocks Engineers 5670 Greenwood Plaza Blvd Suite 416W Greenwood Village, CO 80111 INVOICE DATE: 9/29/2021 INVOICE NO: 1380 BILLING FROM: 8/25/2021 BILLING TO: 9/25/2021 PROFESSIONAL SERVICES DATE DESCRIPTION HOURS RATE • AMOUNT Courtney Wallace 9/3/2021 Acquisition! Relocation Specialist I 1.00 $75.00 $75.00 Received email from Tomoi about signed docs. Requested signed versions of legals be sent to clay and ask WSLS to assist with sending the physical copies of 9/15/2021 Acquisition! Relocation Specialist 1 4.00 $75.00 $300.00 Work on questions about the Bliss and Eaton Draw. try to figure out the problems in the offer package. Meet with Clay to go over each of the documents we need to send to Monson for the Moro Farms offer. 9/16/2021 Acquisition/ Relocation Specialist I 4.00 $75.00 $300.00 Meeting with Bliss shareholders at Hungenberg's. Work on updates to Moro Farms docs and send to Clay. Received Tomoi corrected W9 and send to Clay. Reach out to Tyler Swanson about transmission plans for the project. 9/20/2021 Acquisition/ Relocation Specialist I 3.00 $75.00 $225.00 Horrocks internal project meeting - updates on all properties and utilities. Send NELA for the Bliss to shareholders for approval. Assist Clay with NWCWD documents that were sent in August. 9/21/2021 Acquisition/ Relocation Specialist I 2.00 $75.00 $150.00 Send out offer packet to Moro Farms, upload and send scanned version to Clay. Spoke with Dave Munson over the phone about the offer coming and see if he wanted an in -person meeting. 9/22/2021 Acquisition/ Relocation Specialist I 4.00 $75.00 $300.00 Reach out to Xcel and NWCWD again about their outstanding agreements and review- Call and Email. Send Atmos drawing to Bliss shareholders and Juan with Atmos. Conversations with Five M about appraisal. Talk with Johnny about title work that was never paid for. 9/23/2021 Acquisition/ Relocation Specialist I 2.00 $75.00 $150.00 Phone call with Tyler Swanson from Xcel about design updates. Email correspondence with Juan - Atmos. Send email to CenturyLink with draft relocation agreement and ask for updated contact. 9/24/2021 Acquisition/ Relocation Specialist 1 2.00 $75.00 $150.00 Core Standard Invoice Copyright©2021 2021 B( Software Page 3 of 5 WESTERN STATES LAND SERVICES LLC 505 N. DENVER AVENUE LOVELAND, CO 80537 Tel: 970-667-7602 Fax: 970-667-6580 wslsadmin@ws-Is.com www.wslsrow.com INVOICE Johnny Olson Horrocks Engineers 5670 Greenwood Plaza Blvd Suite 416W Greenwood Village, CO 80111 INVOICE DATE: 9/29/2021 INVOICE NO: 1380 BILLING FROM: 8/25/2021 BILLING TO: 9/25/2021 C167-1 - WCR 66 & 41 Intersection Improvements - PO #:CO -2344-2003 Managed By: Courtney Wallace PROFESSIONAL SERVICES r'.j,OnF k^it�"�`^ .�.e yi'1£a t.}:. z r(�G�-a�.�. C r. 4 'Xa ' . r IK-0 °a . ` 7'W +�.a}$' }eCi+✓≥(iE' ° ..sPI�IB., ,il�11 RAIL DATE DESCRIPTION mI�' `" ' t H fi lYl V i r v}^'.�Y4 j��S?- nil Vi jY cn 3U±C Courtney Wallace Phone call with Munson and subsequent call with Clay about taxes. Received documents from NWCWD and updated agreement for easement and sent to Watson's and Doug Widlund. John Doty 9/20/2021 PROJECT MANAGER / SUPERVISOR 1.00 $90.00 $90.00 Provided Courtney with emaits from Clay. Located documents on server and forwarded to Clay for Courtney 9/22/2021 PROJECT MANAGER / SUPERVISOR 1.00 $90.00 $90.00 Uploaded title commitments and invoices from July and the request of Courtney Mackenzie Parry 9/10/2021 RECORDS DOCUMENT SUPERVISOR 2.00 $55.00 $110.00 Proofread documents and mail to Weld County (Tomoi) STAFF ASSISTANT 9/24/2021 RECORDS DOCUMENT SUPERVISOR 1.00 $55.00 $55.00 Billing TOTAL SERVICES 52.00 $3,870.00 EXPENSES DATE EMPLOYEE DESCRIPTION AMOUNT 9/15/2021 CW Mileage at $.55 $30.25 9/16/2021 CW Mileage at $.55 $33.00 9/22/2021 Unified Title Title fees/rep. $300.00 Company of Northern Colorado 9/22/2021 Unified Title Title fees/rep. $300.00 Company of Northern Colorado Courtney's WSLS hours were 9/22/2021 Unified Title Title fees/rep, reduced to cover these costs. $300.00 Company of Northern Colorado Core Standard Invoice Copyright © 2021 BQE Software Page 4 of 5 WESTERN STATES LAND SERVICES LLC 505 N. DENVER AVENUE LOVELAND, CO 80537 Tel: 970-667-7602 Fax: 970-667-6580 wslsadmin@ws-Is.com www.wslsrow.com INVOICE Johnny Olson Horrocks Engineers 5670 Greenwood Plaza Blvd Suite 416W Greenwood Village, CO 80111 INVOICE DATE: 9/29/2021 INVOICE NO: 1380 BILLING FROM: 8/25/2021 BILLING TO: 9/25/2021 EXPENSES DATE EMPLOYEE DESCRIPTION AMOUNT 9/22/2021 Unified Title Title fees/rep. $300.00 Company of Northern Colorado 9/22/2021 Unified Title Title fees/rep. Courtney's WSLS hours were $300.00 Company of Northern Colorado reduced to cover these costs. 9/22/2021 Unified Title Title fees/rep. $450.00 Company of Northern Colorado 9/22/2021 Unified Title Title fees/rep. $300.00 Company of Northern Colorado 9/24/2021 SA Files,Env., Mat $6.25 9/24/2021 SA Photo & Laser $105.40 9/24/2021 SA Postage $39.41 9/24/2021 SA Telecom $64.48 TOTAL EXPENSES $2,528.79 SUBTOTAL $6,398.79 AMOUNT DUE THIS INVOICE $6,398.79 This invoice is due on 10/29/2021 Core Standard Invoice Copyright © 2021 BQE Software Page 5 of 5 New Contract Request Entity Information Entity Name* Entity ID * ❑ New Entity? HORROCKS ENGINEERS INC C&00041460 Contract Name * CHANGE ORDER #1 Contract Status CTB REVIEW Contract ID Parent Contract ID 5561 3452 Contract Lead* Requires Board Approval CKIMMI YES Contract Lead Email Department Project # CKirnrnico.weld.co.us GR-45 Contract Description* CHANGE ORDER #1 FOR ADDITIONAL DESIGN SERVICES THAT WERE REQUIRED FOR THE PROJECT. Contract Description 2 Contract Type* Department CHANGE ORDER PUBLIC WORKS Amount* Department Email $81,140.00 CM- rubl icWorksCaweldgou.com Renewable * NO Department Head Email CM-PublicWorks- Automatic Renewal DeptHead`weldgov.com NO County Attorney Grant BRUCE BARKER NO County Attorney Email IGA BBARKER+!CO. WELD. CO. US NO If this is a renewal enter previous Contract ID if this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 02/10,2022 02;' 14,2022 Will a work session with ROCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* Renewal Date 02/07; 2022 Termination Notice Period Committed Delivery Date Expiration Date * 12,`31,2023 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 02:092022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02:16,2022 Originator CKIMMI Contact Type Contact Email Contact Phone 1 Purchasing Approved Date Finance Approver CHERYL PATTELLI Finance Approved Date 02/1012022 Tyler Ref AG 021622 Contact Phone 2 Legal Counsel KARIN MCDOUGAL Legal Counsel Approved Date 02:1012022 MEMORANDUM TO: Esther Gesick, CTB DATE: December 30, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: CR 66 and CR 41 Intersection Design Services Contract Extension for Horrocks Engineers Please place the attached contract extension on the BOCC consent agenda for an upcoming 9 am hearing. The contract renewal is for the CR 66 and CR 41 Intersection Design Services Contract currently held by Horrocks Engineers. The original contract id is 3452 and the original document number is 2020-0136. The contract id for the renewal is 5496. The Board previously approved the contract to be placed on the agenda via a pass around that was returned on December 29, 2021. The original contract amount was $789,818.00. The contract extension is included in the 2022 Public Works Budget. I will plan on attending the meeting to answer any questions. Conte" ehc-9 oi/io/2 ZOZOvOl3Q EeiOT7� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Renewal of CR 66 and CR 41 Intersection Design Contract DEPARTMENT: Public Works DATE: 12/27/21 PERSON REQUESTING: Clay Kimmi / Don Dunker Brief description of the problem/issue: On March 9, 2020 Weld County entered into a professional services agreement (Original Contract) with Horrocks Engineers (Horrocks) to provide design services, ROW acquisition, utility relocation/coordination, and construction support for the CR 66 and CR 41 intersection project. The contracted amount for these services was $789,818.00. The Original Contract indicates that the term of the Contract shall continue through the Contract Professional's completion of the activities outlined in Exhibit A of the Contract. The Contract is to be extended annually through the completion of the activities outlined in Exhibit A provided the County is satisfied with the work being performed. Horrocks has provided professional and timely engineering services for the project under the Contract in 2020 and 2021. In order to complete the ROW acquisition, utility relocation/coordination, and construction support, the Contract needs to be renewed through December 31, 2022. The contracted amount will remain unchanged with this renewal. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve the renewal of the Original Contract and allow it to be placed on the next available consent agenda • Deny the renewal of the Original Contract and have staff rebid this contract. Recommendation: Staff recommends approving renewal of the Original Contract and placing it on the next available consent agenda for approval. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck `� m Mike Freeman Scott James, Pro Tern Steve Moreno, Chair Lori Saine From: Sent: To: Subject: Attachments: Approve Sent from my iPhone Perry Buck Tuesday, December 28, 2021 9:36 AM Karla Ford Re: Please Reply - Pass Around for Contract Extension for CR 66 & CR 41 Intersection image002 jpg; image001 jpg; 2022 CR 66-41 Project Contract Renewal - Pass Around.pdf On Dec 28, 2021, at 7:34 AM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve recommendation. Thank you. Karla Ford A Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@we1dooy.com :: www.weldaov.com :: "*Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it/s addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From; Clayton Kimmi <ckimmi@weldgov.com> Sent: Tuesday, December 28, 2021 7:33 AM To: Karla Ford <kford@weldgov.com> Cc: Marjorie Caudill <mcaudill@weldgov.com>; Don Dunker <ddunker@weldgov.com>; Clayton Kimmi <ckimmi@weldgov.com> Subject: Pass Around for Contract Extension for CR 66 & CR 41 Intersection Karla, Don asked that I send this pass around up to you. Can you route it for approvals from the Commissioners? Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 1 r- CONTRACT AGREEMENT EXTENSION BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND HORROCKS ENGINEERS, LLC CR 66 AND CR 41 INTERSECTION PROJECT This Agreement Extension/Renewal ("Renewal"), made and entered into 1O day of , 2022, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public.Works, hereinafter referred to as the "Department", and Horrocks Engineers, LLC, hereinafter referred to as the "Contract Professional". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2020-0136, Contract ID No. 3452, approved on March 9, 2020. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • Per the Agreement for Professional Services dated March 9, 2020, Section 3, the contract shall continue through the Contract Professional's completion of the responsibilities outlined in Exhibit A. Exhibit A of the Contract contains a description of work to be completed and includes the design of the intersection project, ROW acquisition, utility relocation and coordination, construction support, and submittal of a Letter of Map Revision (LOMR) to FEMA following construction activities. 1. To date, the design of the intersection is complete. 2. ROW acquisition is complete with the exception of the Schump property. 3. Utility relocation and coordination is ongoing with an expected completion of October 31, 2022. 4. Construction support phase is expected to start on November 1, 2022 and last through June 2023 5. The submittal of the LOMR to FEMA is expected to occur in June 2023. • The parties agree to extend the Original Agreement through December 31, 2022. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: HORROCKS ENGINEERS, LLC Printed BOARD OF COUNTY COMMISSIONERS WELD ODUNTY4OLORADO Scott KJamesC)ir .� ATTEST: C. Weld Clunti Clerk the 13oa BY: �•'� HORRENG-01 ACOIW CERTIFICATE OF LIABILITY INSURANCE I DATER(M! M)MIDYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(sl. PRODUCER CONTACT Ashley Gallaher American Insurance & Investment Corp. 448 South 400 East PHONE F%!X (MC,, No. Est): (801) 364-3434 645 (A/C No): (801) 355-5234 Salt Lake City, UT 84111 amiss, Ashley.Gailaher@american-ins.com MSURERIS) AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Co. _ - 19682 INSURED INSURER u: Hartford Casualty Insurance Co 29424 Horrocks Engineers, Inc. INsURERc: Hartford Ins Co of The Midwest 37478 2162 W Grove Pkwy, Ste 400 INSURER D: XL Specialty Insurance Company 37885 Pleasant Grove, UT 84062 INSURERE: : INSURER F: COVERAGES CERTIFICATE NUMBER: 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. TYPE OF INSURANCE POLICY NUMBER 'ADOL.SUBR'POUCYEFF LIMBS S A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X 34UUNOZ0016 7/1/2021 7/1/2022 DAMAGE TO RENTED PREMISES (Eaoccurrenw) , $ 1,000,000 MED EXP (Any one person) $ 5,000 - _.. PERSONAL & ADV INJURY $_ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY X PECT LOC PRODUCTS. COMPJOP AGG $ 2,000,000 ..... OTHER: S B AUTOMOBILE LIABILITY COOMeINnINGLE LIMIT 1,000,000 $ X ANY AUTO 34UENOZ00IS 7/1/2021 7/1/2022 BODILY fNJLIRY Per person) S OWNED SCHEDULED , AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ O AUTOS ONLY -.., NON -OWNED accident)EDAMAGE B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAR CLAIMS -MADE 34XHUOZ0017 7/1/2021 7/1/2022 AGGREGATE $ 10,000.000 ''. DED X RETENTIONS 0 C WORKERS COMPENSATION X PER 0TH - AND EMPLOYERS' LIABILITY YNN STATUTE . ER ANY PROPRIETOR/PARTNERJEXECUTIVE NIA X 34WEOK8H0L 7/1/2021 7/1/2022 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER in NH) EXCLUDED? 1,000,000 desc,ibeunder E.L. DISEASE - EA EMPLOYEE ----- SS 1,00Q,000 DESCRIPTION OF OPERATIONS. below E.L.DISEASE- POLICY LIMIT - D Prof Liab Claim Made DPR9978619 7/112021 7/1/2022 Per Claim 10,000,000 D Retro Date 1/1/1965 DPR9978619 7/1/2021 7/1/2022 Aggregate 10,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached M more space Is required) Weld County, Colorado, its elected officials, and its employees Is name as an additional insured with respect to the General Liability as per the written contract. Waiver of Subrogation applies to the General Liability and Worker Compensation. Weld County Colorado, Its elected officials, and its 1111 H Street PO Box 758 Greeley, CO 80631 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 &?yeti. ACORD 25 (2016/03) @1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT A - HORROCKS CONTRACT Request for Proposals #B2000034 Purpose The Weld County Public Works vendors for Engineering Services It is expected that the project will improvements, floodplain and dra is not anticipated to be part of the Department is seeking qualifications submittals from qualified related to the design of the CR 66 & CR 41 intersection project. include the addition of left turn lanes on all legs, sight distance inage improvements, and access improvements. A traffic signal project. The intersection of CR 66 & CR 41 will be Portland Cement Concrete Pavement (PCCP) with Hot Mix Asphalt (HMA) approach roads. The PCCP will extend a minimum of 200 feet or more beyond the intersection limits as determined by coordination between the County and the Consultant. The Best Value QBS process outlined in Chapter 5, Section 5-4-150 (C) will to utilized to select the design consultant. As part of the proposal, Consultant shall include a cost/fee estimate with associated hours for all professional services outlined below in Item III. There will be no negotiation of the cost/fee after selection of the Consultant. At a minimum, the cost proposal shall include the tasks shown in Attachment A. II. General Project Description Weld County is planning to reconstruct the CR 66 and CR 41 Intersection utilizing design services provided by engineering consultants and construction services provided by a general contractor. The total project estimate is $10.5 million, The design data table for the project is included in Attachment B. III. Scope of Services The services will consist of detailed road and bridge/culvert design generally consisting of but not limited to: A. Detailed road and bridge/culvert design generally consisting of overall plan preparation (30%, 60%, 95%, and Ready for Construction); B. 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; C. Geotechnical evaluations; D. Subsurface utility engineering (SUE) report to a minimum Quality Level (QL) A for all existing utilities, oil and gas facilities, and agricultural irrigation facilities. The SUE shall include videotaping of all culvert and irrigation crossings of the roadway as well as videotaping of irrigation pipelines located adjacent to the existing and proposed ROW; E. Hydraulic evaluations including floodplain modeling/permitting and FEMA CLOMR/LOMR process and County Flood Hazard Development Permit (FHDP) process. Note the roadway elevation on CR 66 through the floodplain has to be 0.17 feet (approximately 2 inches) lower than the current roadway elevation; F. Report preparation including structure selection report if applicable, geotechnical report, and drainage report; G. CDOT style Right-of-way plans including title work; H. Specification preparation; I. Coordination with property owners; J. Attending irrigation board meetings, open houses, etc. to give presentations during the design phase and the ROW acquisition phase; K. Environmental services. The design consultant shall utilize environmental services from Tiglas Ecological Services (business: 970-635-9183, cell 970-222-2151, email: tiglasd(aDaol.com).; L. Utility relocation coordination; M. ROW acquisition services; N. Shop drawing review; O. Prefabrication inspections (if required); and P. Responding to Contractor request for information (RFI) inquiries. IV. Project Requirements A. General Requirements 1. When performing field investigations, the Consultant shall provide reasonable provisions for Weld County representatives to observe the Consultant's and/or sub -consultant's work in progress. 2. Weld County will provide CAD files and available survey to the Consultant upon award of the Contract. 3. The Consultant shall provide a full range of engineering services and accept project management responsibility at all levels. The submitted cost and work hours shall be based on the work items described herein. The cost and work shall include a line item of Other Professional Services (OPS) in the amount of $90,000 which may be required (Weld County must pre -approve the use of this line item) during the project design. 4. All AutoCAD (Civil 3D) files shall follow the standards outlined in the latest edition of the CDOT CADD Manual or as approved by Weld County. 5. All design work shall be completed using the latest AASHTO and CDOT design and construction standards or guidelines, practices, and procedures. The Consultant shall also utilize the Weld County Engineering Criteria Manual for design parameters. In the event of a discrepancy between the design standards, the most stringent shall apply. Weld County shall determine the most stringent design standard at its sole discretion. 6. The Consultant and sub -consultants shall obtain a ROW Permit from Weld County when performing all field investigations and fieldwork. There will be no charge for the permit, however, the Consultant and/or sub -consultant shall provide traffic control plans, certificates of insurance, and the ROW permit application for review and issuance. The subsurface utility engineering (SUE) investigations and geotechnical testing shall also have a separate ROW permit for the sub -consultants performing the work. The cost of all traffic control (including permitting) shall be included in the cost of the project. All traffic control is subject to the County's acceptance prior to the commencement of the work. 7. The Consultant shall provide monthly invoices including detailed written monthly progress reports for the project duration. The monthly progress reports shall consist of: a) A cover letter outlining all work billed for during the invoice period; b) Backup data showing the personnel working on a task, their hourly rate, descriptions for each task, and the numbers of hours billed to the task; c) A time sheet certification signed by the Consultant's project manager; and d) Sub -Consultant invoices shall include the same information as backup documentation. B. Conceptual Design (30% Design) 1. The Consultant shall provide two options for the intersection layout (Option 1 — Stay on Current Alignment and Option 2 — Move Intersection and CR 66 South of Current Alignment). The options shall evaluate the cost of acquiring ROW/easements, moving utilities including oil and gas facilities and irrigation facilities, and construction estimates. The Consultant shall communicate with the affected landowners to determine if Option 1 is viable without the use of condemnation. 2. The Consultant shall provide conceptual design alternatives for bridge/culvert concepts (at least three) to be included in a structure selection report. This report shall include conceptual drawings and design calculations, identify all land acquisition requirements and contain a conceptual Opinion of Cost to identify any possible funding shortfalls. 2 3. A preliminary Geotechnical Report shall be prepared during this phase of the design. The Geotechnical Report shall include a PCCP design for the intersection and an HMA design for the approach roads. C. SUE Plans — Quality Level A to be completed prior to the completion of Preliminary Plans 1. The Consultant shall locate, on utility plan sheets, all existing utilities, oil and gas facilities, and agricultural irrigation facilities (hereafter called Utilities). The facilities shall be located to a minimum Quality Level A. NOTE: Weld County's requirements are more stringent 2. AutoCAD Civil 3D (version currently used by Weld County) files showing linework for all subsurface facilities and test holes within the project area shall be provided by the Consultant. 3. A plan set (scale: 1 inch = 50 feet) showing the Utilities both horizontally, vertically, and in relation to the proposed improvements shall be provided. Communications pedestals, meter pits, valve boxes, manholes, vaults, pig stations, etc. shall be shown. The owner of each facility shall be identified on the plan set. Survey elevations of the rim and bottom of all meter pits, valve boxes, valve nuts, and other items located in vaults, manholes, meter boxes, valve boxes, etc. shall be shown on the plans. 4. Each page of the plan set shall include a sheet border, title block, north arrow, Call 811 image, scale, legend, match lines, centerline stationing, road name labels, structure labels (bridges, culverts, walls, etc.), existing and proposed rights -of -ways, test hole locations, and applicable notes. Additionally, the title of the plan subset shall be labeled as Subsurface Utility Engineering Plans and shall include the sheet number of the overall plan set and subset. The plan set shall follow the standards outlined in the latest edition of the CDOT CADD Manual or as approved by Weld County. 5. The Consultant shall include a minimum of 80 test holes for the Quality Level A portion of the design phase. Test hole costs shall be based on unit costs for each hole. Test hole costs based on hourly rates will not be accepted. Failure to include unit costs for each test hole may result in the proposal being rejected by the County. 6. The Consultant shall provide the location of the control points, location of the benchmark, and the scale factors used in their drawings. The data shall be in the modified State Plane Coordinate System and shall be on the NAVD-88 vertical datum. 7. A plan sheet shall be included for test hole logs including a table summarizing the data outlined below for each test hole. 8. Quality Level A is the use of nondestructive techniques to provide precise plan and profile mapping of underground utilities through nondestructive exposure. It shall also include the type, size, condition, material, and other characteristics of the underground feature. a) Tasks associated with Quality Level A include but are not limited to: (1) All tasks associated with Quality Level B (a) There is no prescribed order in which Quality Level A and B tasks must be performed. (2) Selection of Test Locations (a) Obtain data where the precise horizontal and vertical location of Utilities, obtained by exposure and survey of the utility at specific points, is needed for conflict assessment/resolution purposes. (b) The Consultant shall recommend test locations based on the requirements of the project and on existing subsurface utility information. All potential conflict locations between the Utilities and the proposed project shall be identified by the Consultant. (c) The Consultant shall provide the proposed test hole locations on the plan subset (as described above) for review and acceptance by the County. (d) Test hole locations shall be prioritized by oil and gas crossings, oil and gas running adjacent to the project, underground electrical, water/sewer, telecommunications, irrigation/stormwater, and then all other utilities. 3 (3) Selection of Method (a) When available, verifiable information on previously exposed and surveyed Utilities (such as survey records during utility line construction) shall be furnished in lieu of new excavation, exposure, and survey at that same point, or at a suitable nearby point. (b) If utility lines must be exposed and surveyed at specified locations, the Consultant shall use minimally intrusive excavation techniques that ensure the safety of the excavation, the integrity of the utility line to be measured, and that of other lines which may be encountered during excavation. (c) Excavation shall be by means of air -or water -assisted vacuum excavation equipment. (d) Use of water -assisted vacuum excavation shall only be approved provided such method poses minimal risk of damage to the existing roadway or utility lines. (4) Compliance with Utility Notification Center Requirements (a) The Consultant shall comply with all applicable provisions of Colorado and Weld County regulations when planning or performing excavations at test hole locations. (b) Compliance actions include but are not limited to: notify owners or operators of underground utility facilities at least two (2) business days prior (not including the day of actual notice) to making or beginning excavations in the vicinity of such facilities; call 811 for the marking of member utilities; contact non-member or private utility, oil and gas, and/or irrigation owners directly; coordinate with utility owner representatives as required for inspection or other on -site assistance; immediately cease excavation work and report any resultant utility line damage to owner. (5) Excavation of Test Holes (a) Clear the test hole area of surface debris. (b) In paved areas, neatly cut and remove existing pavement, which cut shall not exceed 225 square inches unless otherwise approved. (c) Excavate the test hole by the method(s) and standards set forth herein (see also "Selection of Method" above). The depth of the test hole shall not exceed 15 feet. A test hole shall extend a minimum of 18 inches laterally on each side of the utility mark unless otherwise approved. Revise the test hole location as necessary to positively expose the utility. (d) For utilities crossing under the roadway, test holes shall be taken at each edge of the proposed ROW and at the flowline of the proposed ditch on each side of the road (a total of 4 test holes per each utility crossing). (e) Expose the Utility only to the extent required for identification and data collection purposes. (f) Avoid damage to lines, wrappings, coatings, cathodic protection or other protective coverings and features. Repairs required by the utility owner, oil and gas facility owner, or irrigation facility owner will be at the cost SUE consultant. (g) Hand -dig as needed to supplement mechanical excavation and to ensure safety. (h) Store excavated material for re -use or disposal, as appropriate. (6) Collection, Recording, and Presentation of Data — Measure and/or record the following information on an appropriately formatted test hole data sheet that has been sealed and dated by the Consultant: (a) Elevation of top and/or bottom of the utility tied to the project datum, to a vertical accuracy of +/- 0.05 feet; (b) Elevation of existing grade over Utility at test hole; (c) Horizontal location (include northings and eastings) referenced to project coordinate datum, to a horizontal accuracy consistent with applicable survey standards; 4 (d) Field sketch showing horizontal location referenced to a minimum of three (3) swing ties to physical structures existing in the field and shown on the project plans; (e) Approximate centerline bearing of utility line; (f) Outside diameter of pipe, width of duct banks, and configuration of non - encased multi -conduit systems; (g) Utility structure material composition, when reasonably ascertainable; (h) Identity of benchmarks used to determine elevations; (i) Utility facility condition; (j) Pavement thickness and type when applicable; (k) Soil type and site conditions; (I) Identity of utility owner/operator; and (m)Other pertinent information as is reasonably ascertainable from test hole. (7) Site Restoration (a) Replace bedding material around exposed utility lines in accordance with owner's specifications or as otherwise directed or approved by the utility owner and/or Weld County. (b) Backfill and compact with appropriate moisture/density control the excavation in a manner acceptable to Weld County. (c) Install color -coded warning ribbon within the backfill area and directly above the utility line. (d) Provide permanent pavement restoration within the limits of the cut using materials, compaction, and pavement thickness acceptable to Weld County. (e) Repair or replace backfill or pavement that fails (i.e., subsidence and/or loss of pavement material) within two (2) years of the original restoration work. (f) For excavations in unpaved areas, restore disturbed area as nearly as practicable to pre-existing conditions. (g) Furnish and install permanent surface marker (e.g., P.K. nail, peg, steel pin, or hub) directly above the centerline of the structure and record the elevation of the marker. (8) Interpretation of Data and Resolution of Discrepancies (a) Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. (b) Update plan/profile sheets, electronic files, and/or other documents to reflect the integration of QL D, QL C, QL B, and QL A information. (c) Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies; As appropriate, amend the indicated quality level of depicted information. 9. Quality Level B is the use of surface geophysical techniques to determine the existence and horizontal position of underground facilities. a) Tasks associated with Quality Level B include but are not limited to: (1) All tasks associated with Quality Level C (a) There is no prescribed order in which Quality Level B and C tasks must be performed. (2) Line Detection and Marking (a) Select and apply appropriate surface geophysical method(s) to search for and detect Utilities within the project limits, and/or to trace a particular utility line or system. (b) Mark the indications of utilities on the ground surface, for subsequent survey utilizing paint or other method acceptable for marking of lines. (c) Utilize the uniform color code of the American Public Works Association for marking of utilities. (d) Mark centerline of single -conduit lines, and outside edges of multi -conduit systems. (e) Maintain horizontal accuracy of +/- 1.5 feet in the marking of lines. (3) Surveys 5 (a) Survey all markings that indicate the presence of a subsurface Utility. (b) Perform surveys that have been referenced to the project survey control to a horizontal accuracy consistent with applicable survey standards. (c) Record depth information as may be indicated by the particular detection method used. (d) Survey elevation of all meters, valves, valve nuts, and other items located in underground vaults, manholes, meter boxes, valve boxes, etc. (e) Video the condition of all culverts and irrigation crossings of the roadway. The videoing shall be done with a remote vehicle equipped with high definition video and shall include an analysis with 360 degrees of rotation and notations showing footages which are recorded on screen. Operator comments of observations associated with the inspection shall be included on the video. (f) Video the condition of all culverts and irrigation adjacent to the existing and/or proposed roadway. The video shall be done with a remote vehicle equipped with high definition video and shall include an analysis with 360 degrees of rotation and notations showing footages which are recorded on screen. Operator comments of observations associated with the inspection shall be included on the video. (4) Correlation, Interpretation, and Presentation of Data; Resolution of Discrepancies (a) Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. (b) Prepare and update plan sheets, electronic files, and/or other documents to reflect the integration of Quality Leve B, C, and D information. (c) Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. (d) As appropriate, amend the indicated quality level of depicted information. (5) The geophysical techniques include but are not limited to: (a) pipe and cable locators (inductive, conductive, active, and passive modes); (b) terrain conductivity; (c) ground penetrating radar; (d) ground resistivity techniques; (e) optical methods (cameras and image recording devices); (f) computer driven algorithms coupled with data collection techniques; (g) magnetic methods (gradiometrics); and (h) elastic wave methods (resonant sonics, active sonics, and passive sonics). 10. Quality Level C is the use of surveying techniques to locate visible facilities such as manholes, pedestals, valve boxes, meter boxes, etc. and correlating it to existing utility records (Quality Level D information). a) Tasks associated with Quality Level C include but are not limited to: (1) All tasks associated with Quality Level D (a) There is no prescribed order in which Quality Level C and D tasks must be performed. (2) Identification of Surface Utility Features (a) Identify surface features, from project topographic data (if available) and from field observations, that are surface appurtenances of subsurface utilities. (3) Aerial or Ground -Mounted Facilities (a) Include survey and correlation of aerial or ground -mounted utility facilities. (4) Surveys (a) Survey and check surface features of subsurface utility facilities or systems for accuracy and completeness (b) The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. (5) Confined Space Procedures 6 (a) Whenever the work requires the entry of personnel into confined spaces (including but not limited to manholes, vaults, and pipes), comply with applicable OSHA procedures and requirements. (6) Correlation, Interpretation, and Presentation of Data; Resolution of Discrepancies (a) Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. (b) Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and C information. (c) Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. (d) As appropriate, amend the indicated quality level of depicted information. 11. Quality Level D is the use of existing utility records or verbal recollections to identify facility locations. a) Tasks associated with Quality Level D include but are not limited to: (1) Records and Information Research (a) Conduct appropriate investigations (e.g. records search, personal interviews, visual inspections, etc.), to help identify utility owners which may have facilities within the project limits or that may be affected by the project. (2) Records Collection (a) Collect applicable records (e.g. utility base maps, as -built drawings, drawings of record, permit records, field notes, GIS data, oral histories, etc.) on the existence and approximate location of existing involved utilities. (3) Records Review (a) Review records for evidence or indication of additional available records, duplicate or conflicting information, and need for clarification. (4) Aerial or Ground -Mounted Facilities (a) Include records research, identification, and depiction of aerial or ground - mounted facilities. (5) Compilation and Presentation of Data (a) Transfer information on all involved facilities to plan sheets, exercise professional judgement to resolve conflicting information, and indicate facility type and ownership; date of depiction; quality levels; end points of data; line status (e.g. active, abandoned, out of service, etc.); line size and condition; number of jointly buried cables; and any encasement. 12. Prior to a Utility being classified as Quality Level B, C or D, the Consultant shall coordinate with Weld County and provide evidence that all of the applicable geophysical techniques have be utilized and have failed to locate the underground facility. 13. Prior to submitting the plan sheets, the Consultant shall provide internal QA/QC to verify that drafting errors are corrected. Weld County will review and comment on the plan sheets. The Consultant shall address each comment and update the plan sheets prior to submittal of the final deliverable. 14. Upon completion of the Subsurface Utility Engineering plan sheets, the consultant shall provide the County with three (3) sets of 11x17 plan sheets showing the information described above. Electronic copies (PDF and CAD drawing files) shall be provided. 15. Each plan sheet shall be stamped, signed, and dated by a registered Professional Engineer licensed in the State of Colorado. The Professional Engineer shall be responsible for negligent errors and/or omissions in the utility data for the certified quality level. D. Preliminary Design aka FIR or 60% Design) 1. The consultant shall be required to provide detailed design plans for all components of the project. A status set of plans will be kept available to the County for review and submittal to the appropriate agencies, utility companies, and affected property owners as needed. 7 2. The underground facilities shall be shown horizontally, vertically, and in relation to the proposed improvements. All Utility conflicts must be identified, and the Consultant shall provide coordination including site meetings with all affected Utility owners. 3. The location of the control points, benchmark locations, and scale factors used in the drawings shall be provided. The data shall be provided in the modified State Plane Coordinate System and shall be on the NAVD-88 vertical datum. 4. The Consultant shall provide an internal QA/QC review of the preliminary design plans including quantity hand calculations prior to submittal to Weld County for review and comment. The Consultant shall address each comment and update the plans prior to submittal of the deliverable. 5. The Consultant shall apply for and receive a Flood Hazard Development Permit (FHDP) from the County Planning Department. The Consultant shall submit all floodplain modeling to FEMA as a CLOMR for review and approval. The Consultant shall include the appropriate applications fees as required for each bridge/culvert design in their proposal. The Consultant shall address FEMA and Weld County comments prior to resubmittals to FEMA. 6. The Consultant shall coordinate the identification of rights -of -ways, permanent easements, and temporary construction easements required to construct the project. The work will require the preparation of right-of-way/easement exhibits and plans for the project. 7. The Consultant shall prepare documents and conduct environmental investigations in accordance with the requirements of the current federal and state environmental regulations, including the National Environmental Protection Act of 1969 (NEPA). The Consultant shall utilize environmental services provided by Tiglas Ecological Services to complete these tasks (business: 970-635-9183, cell 970-222-2151, email: tiglasd@aol.com). The Consultant shall assume the standard CDOT environmental process will be followed. 8. The Consultant shall provide the County with three (3) 11"x17" sets of review plans, including a detailed Engineer's Estimate of the construction costs for review and comment. At this stage, the plans should be approximately 60% complete. The Consultant shall provide quantity calculations (hand calculations) for the 30 costliest bid items in the plans. 9. The Consultant shall also provide the County with drawings in electronic format (pdf). 10. The Consultant shall prepare an agenda, attend the preliminary design meeting, and provide support information for the meeting. Meeting minutes shall be prepared by the Consultant. 11. The plan set for the 60% design level shall include but not be limited to the following plan subsets: a) Title Sheet b) M&S Standard Plans List c) Typical Roadway Sections/Details d) General Notes e) Summary of Approximate Quantities f) Summary of Earthwork Quantities g) Tabulations h) Survey Control i) Demolition/Removal Plans j) Utility Plans — Existing k) Utility Plans — Proposed Relocation I) Right of Way Plans m) Roadway Plan and Profile n) Preliminary Jointing Plan o) Access Road Plan and Profile p) Irrigation Ditch Plan and Profile q) Bridge/Culvert Plans (as applicable) r) Grading Plans s) Drainage Plan and Profile t) Drainage/Irrigation Ditch Details 8 u) SWMP — Interim Condition v) Signing and Striping Plans w) Phasing Plans x) Method of Handling Traffic (MHT) Plans y) Detour Plans z) Cross Sections E. Final Design (aka FOR, 95%, and Ready for Construction) 1. The Consultant shall provide detailed hand calculations for all bid items which are part of the project. It is not sufficient to provide calculations solely produced by AutoCAD. All AutoCAD quantity calculations shall be verified by detailed hand calculations. 2. The Consultant shall provide finalized reports and plan sets listed above for the final design phase, and for the final bid documents. 3. The Consultant shall prepare project special provisions and current COOT standard special provisions. The Consultant shall provide the County with three (3) 11"x17" sets of plans and the specification package for review and comment. At this stage the plans should be approximately 95% complete. 4. The Consultant shall provide an internal QA/QC review of the preliminary design plans including quantity calculations (by hand) prior to submittal to Weld County for review and comment. The Consultant shall address each comment and update the plans prior to submittal of the deliverable. 5. If the project design includes a bridge or box culvert, the Consultant shall provide an independent third -party review of the final design plans. Proof of the independent third - party review shall be submitted to Weld County. 6. The Consultant shall also provide the County with drawings in electronic format (pdf). The consultant shall receive comments from the County and incorporate these comments into the final set of bid documents. 7. The Consultant shall provide detailed design plans for all aspects of the project. The plan subsets for the final design level shall include but not be limited to the following plan subsets: a) Title Sheet b) M&S Standard Plan List c) Typical Roadway Sections/Details d) General Notes e) Summary of Approximate Quantities f) Summary of Earthwork Quantities g) Tabulations h) Survey Tabulation i) Survey Control j) Demolition/Removal Plans k) Utility Plans — Existing I) Utility Plans — Proposed Relocation m) Roadway Plan and Profile n) Final Jointing Plan o) Access Road Plan and Profile p) Irrigation Ditch Plan and Profile q) Bridge Plans (as applicable) r) Grading Plans s) Drainage Plan and Profile t) Drainage/Irrigation Ditch Details u) SWMP — Interim Condition v) SWMP — Final Condition w) Landscaping Plans x) Signing and Striping Plans y) Phasing Plans z) ROW Plans 9 aa) MHT Plans bb) Detour Plans cc) Cross Sections 8. The Consultant shall prepare an agenda, attend the final design meeting, and provide the support information for the meeting. Meeting minutes will be prepared by the Consultant. 9. After the final design meeting, the Consultant shall submit the final ROW Plans as well as any applicable environmental clearance documents. 10. If the County experiences additional costs during construction which are directly associated with errors and omissions (consultant negligence) resulting in change orders approval by the Board of County Commissioners and/or costs greater than the original bid unit costs, the Consultant shall be financially liable for such increased costs. See Item 6 in the attached sample contract that will be executed upon award of the Contract. F. Post Design Services 1. The Consultant shall acquire the ROW, permanent easements, and temporary construction easements on behalf of the County. The work will require the preparation of right-of- way/easement exhibits and plans for the project. All ROW acquisition shall substantially follow the Real Estate Acquisition Guide for Local Public Agencies published by FHWA, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S. Ch. 61 (Uniform Act), and Title 38 of the Colorado Revised Statutes (CRS). 2. The Consultant shall coordinate the relocation of utilities, oil and gas facilities, and agricultural irrigation facilities. G. During Construction Services 1. The Consultant shall provide up to 80 hours of time for an engineer to attend weekly coordination meetings via conference call, perform requested site visits, review shop drawings, and answer RFls from the Contractor. 2. The Consultant shall provide onsite quality assurance inspection for the casting of the prefabricated girders for any bridge that is part of the project. H. Post Construction Services 1. The Consultant shall submit all as -built floodplain modeling to FEMA as a LOMR. The Consultant shall include the appropriate applications fees as required for each bridge/culvert design in their proposal. The Consultant shall also include time and costs for an as -built survey for all infrastructure within the floodplain, stamped and signed by a Colorado Licensed Professional Land Surveyor (PLS). V. Project Schedule (Anticipated) The project schedule currently anticipates the following design phase milestones: Design Phase • Pre -proposal Meeting (mandatory)--------------------------- January 23, 2020 (1:30 P.M.) • Proposals Due at Purchasing -----------------------------------February 12, 2020 (10:00 A.M.) • Interviews Conducted (As Needed) --------------------- February 20, 2020 • Design Contract Awarded-------------------------------------- March 18, 2020 • 30% Design Phase ------------------------------------------------March 19, 2020 to June 30, 2020 • 60% Design Phase -----------------------------------------------July 1, 2020 to September 15, 2020 • 90% Design Phase--------------------------------------- September 16, 2020 to February 26, 2021 • Ready for Construction Plans Completed------------------- March 1, 2021 to March 31, 2021 ROW Acquisition & Utility Relocation Phases • ROW Acquisition-------------------------------------------------- April 1, 2021 to December 30, 2021 • Utility Relocation------------------------------------------------ February 3, 2022 to June 29, 2022 10 Construction Phase • Bid CR 66/41 Intersection -----------------------------------June 30, 2022 to September 2, 2022 • Irrigation Relocation -------------------------------------------October 17, 2022 to March 16, 2023 • Construction----------------------------------------------------- March 17, 2023 to August 16, 2023 • As -Built Plans and LOMR to FEMA----------------- August 17, 2023 to March 30, 2024 • Construction Services Completed -----------------------------April 1, 2024 VI. 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. Provide a proposed cost and work hours required to complete the scope of work. The cost and work hours shall be provided separately for each phase of the design (conceptual, preliminary, final, post design, during construction, and post construction). 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". 9. 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 REP. 10. Limit 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 County reserves the right to reject any and/or all proposals, to further negotiate with the successful consultant and to waive informalities and minor irregularities in proposals received, and to accept any portion of the proposal if deemed to be in the best interest of Weld County to do so. The total cost of preparation and submission shall be borne by the consultant. All information submitted in response to this request for proposal is public after the Notice of Award has been issued. The consultant should not include as part of the proposal any information which they believe to be a trade secret or other privileged or confidential data. If the consultant wishes to include such material, then the material should be supplied under separate cover and identified as confidential. Entire proposals marked confidential will not be honored. Weld County will endeavor to keep that information confidential, separate and apart from the proposal subject to the provisions of the Colorado Open Records Act or order of court. B. Contacts Questions related to the submittal requirements and procedures should be directed to: Clay Kimmi, P.E. — Senior Engineer 970-400-3741, cku'nrm@o.weld.co.us ATTACHMENT A Cost Proposal Task Descriptions Task Description Project Coordination & Management Team Coordination Monthly Billing Meetings (Kickoff, Monthly Progress, Conceptual, Preliminary, Final) Conceptual Design (30%) & Plans General Data Gathering Topographic Survey ROW and Property Mapping Title Commitments Utility & Irrigation Coordination Roadway Design for Options 1 & 2 Floodplain Investigation & Anal sis Drainage & Irrigation Design Structure Selection Report with Exhibits Geotechnical Investigation (including Traffic Control & ROW Permit) & Draft Report Conceptual Design Plan Set Internal QA/QC Opinion of Probable Cost Subsurface Utility Engineering Subsurface Utility Engineering - QL A Plans Utility Locates & Markings Traffic Control & ROW Permit Field Survey Locates & Markings Test Holes $/hole - Up to 15 ft deep Field Survey Test Holes Backfill and Patch Test Holes FIR Design 60% & Plans Address Conceptual & SUE Comments Environmental Clearances - ISA, Wetland Delineation, 404 Permit, Sensitive Species, Noxious Weeds, Migratory Birds, T&E, SB-40 Certification, Wetlands Finding Report, SHIPO, Meetings) Floodplain Modeling and Permitting ROW Plans Drainage/Irrigation Design & Report Roadway Design for Preferred Option Bridge/Culvert Design & Calculations FIR Design Plan Set Quantities and Opinion of Probable Cost CLOMR Package to FEMA FHDP to Weld County Planning Internal QA/QC FOR Design (95%) Address FIR Comments Drainage/Irrigation Design Roadway Design for Preferred Option Bridge/Culvert Design & Calculations Final ROW Plans Third Party Bridge/Culvert Review 12 FOR Design Plan Set Quantities and Opinion of Probable Cost Final Drainage/Irrigation Report Final Geotech Report Internal QA/QC Ready for Construction Address FOR Comments RFC Plan Set Project Special Provisions Post Design Services Structure Load Rating (if applicable) Stake ROW & Easements ROW Acquisition Utility Relocation Coordination During Construction Services Pre -bid Meeting Review Shop Drawings Review Request for Information Girder Inspection Weekly Progress Meetings Post Construction Services As -built Survey for Bridge LOMR Submittal Other Professional Services Other Professional Services 13 ATTACHMENT B Design Criteria Table Design Data for WCR 66/41 Intersection Design Parameters Approved Criteria Criteria Referenced CR 66 Roadway CR 41 Roadway Functional Classification Arterial Collector Weld Count ADT - Current (year) 667 (2018) 770 (2018) Weld County % Trucks 2018- Single/Combo 30%/8% 13%/8% Weld County Pavement Design TBD TBD Speed 85 Percentile 58 58 Weld County Design Speed (mph) 65 65 Weld County Posted Speed (mph) 55 55 Weld County Number of Lanes 2 w/ left turn lanes 2 w/ left turn lanes Weld County Surface Type - Concrete shall extend a min. of 200 feet beyond the PC of each intersection leg Concrete Intersection/HMA Approach Concrete Intersection/HMA Approach Weld County Lane Width (ft) 12 12 Weld County Engineering Guidelines, Table 2-1 Should Width ft - Paved 5 5 Weld County Should Width (ft) - Gravel 1 1 Weld County Left Turn Lane Width (ft) 16 16 Weld County Median Width (ft) 4 4 Weld County Cross Slope (%) 2 2 Weld County Engineering Guidelines, Section 4.2.4 Design Vehicle WB-67 WB-67 Weld County Structure Design Frequency 100 -year (in FEMA floodplain/way) 25 -year Weld County Engineering Guidelines, Table 4-3 Floodplain Roadway Elevation Hold 0.17 ft below existing road surface Weld County Freeboard (Bridge/Box Culvert) 2 2 Weld County Structure Flow Capacity (cfs) Eaton Draw @ CR 66 3,980 FEMA LOMR 15 -08 - 0573P, Table 2 Minimum Clear Zone - Fill ft Slope 6:1 or Flatter 18-20 18-20 AASHTO Roadside Design Guide, Table 3-1 Slope 5:1 - 4:1 20-26 20-26 AASHTO Roadside Design Guide, Table 3-1 Slope 3:1 -- - AASHTO Roadside Design Guide, Table 3-1 Minimum Clear Zone - Cut ft Slope 6:1 or Flatter 18-20 18-20 AASHTO Roadside Design Guide, Table 3-1 Slope 5:1 - 4:1 20-26 20-26 AASHTO Roadside Design Guide, Table 3-1 Slope 3:1 - -- AASHTO Roadside Design Guide, Table 3-1 Design Side Slopes Foreslope (Typical) 4:1 4:1 Weld County Engineering Guidelines, Section 8.8.1 Backslope (Typical) 4:1 4:1 Weld County Engineering Guidelines, Section 8.8.1 Depth of Ditch (Typical) varies varies Horizontal Curves Max Super (%) 6 6 Weld County Engineering Guidelines, Section 4.2.2 Min Radius (ft) 1660 1660 AASHTO 2018, Table 3-9 14 Min SSD (ft) 645 645 AASHTO 2018, Table 3-1, Table 7-1 Desirable SSD (ft) 695 695 AASHTO 2018, Table 3-3 Vertical Curves Max Grade % 6 6 Weld County Min Grade % 0.2 0.2 Weld County Min 'K' (Crest) 193 193 AASHTO 2018, Table 3-35 Desirable'K' (Crest) 432 432 AASHTO 2018, Table 3-36 K (Sag) 157 157 AASHTO 2018, Table 3-37 SSD (ft) 645 645 AASHTO 2018, Table 3-35 Auxiliary Lanes (Design Based on Design Speed) - Left turn lane on each leg of intersection Number of Lanes 1 1 Redirect Taper 55:1 55:1 Weld County Engineering Guidelines, Table 8-5 Accel. Length (ft) 960 960 Weld County Engineering Guidelines, Table 8-5 Accel Taper Rate 18.5:1 18.5:1 Weld County Engineering Guidelines , Table 8-5 Decel. Length (ft) 600 600 Weld County Engineering Guidelines , Table 8-5 Decel. Taper Rate 18.5:1 18.5:1 Weld County Engineering Guidelines , Table 8-5 Left Turn Taper Rate 18.5:1 18.5:1 Weld County Engineering Guidelines , Table 8-5 Left Turn Storage (ft) 200 200 Weld County Engineering Guidelines , Table 8-7 I5 I. Selection Criteria and Method Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 5,0 Scope of Proposal The proposal clearly shows an understanding of the project objectives, methodology to be used, and results that are desired by the Department. The proposal demonstrates the firm clearly understands the 5.0 Critical Issues major issues associated with the project and offers realistic solutions to those issues. The firm has described their methods of controlling their design and construction cost. The firm has demonstrated an ability to 4.0 Project Control insure State or Federal procedures are used where appropriate. The firm has a Quality Control process in -place to manage the quality of their product. Work Project team's work location relative to the project site location. 4.0 Location/Familiarity Key team members have demonstrated familiarity with Weld County and the goals of the Department. Is the proposed cost, work hours, and tasks presented 15.0 Cost and Work reasonable and consistent with the project goals? The lowest Hours cost that includes all tasks necessary to successfully complete the project scores the hi hest. Nu I t: I ne best value process will be utilized to select the Consultant. There will be no negotiation of the cost/fee after the Consultant is selected. Each scorer will rate the proposals based on the rating scale outlined above. After the scorer has scored each proposal, the individual proposal scores will be totaled. Each scorer's scores will be ranked by score from highest to lowest. The proposal with the highest score will be ranked first place , second highest score will be ranked second place, and so on until all proposals have been proposals have been ranked. After all scorer rankings have been determined, each ranking will be totaled for each proposal based on their respective rankings (1st 2nd 3rd, etc.) from the scorers. For each scorer, rank 1 will get 1 point, rank 2 will get 2 points, and so on. The points will be totaled for each proposal. The proposals will then be ranked by the aggregate score. The first ranked proposal will be considered to be the best value for the County. The first ranked proposal may not be the lowest overall cost. 16 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. There₹ore, 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 17 payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. If written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $ , which is the cost set forth in Exhibit B. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the cost amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 18 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 19 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: 20 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. 21 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: Clay Kimmi Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmi(cDco.weld.co.us Phone: 970-381-7977 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 22 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, 23 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: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair 24 New Contract Request Entity Information Entity Name * Entity tD "- ❑ New Entity? HORROCKS ENGINEERS INC p00041460 Contract Name * EXTENSION FOR CR 66 AND CR 41 DESIGN CONTRACT Contract Status CTB REVIEW Contract ID Parent Contract ID 5496 3452 Contract Lead * Requires Board Approval CKIMMI YES Contract Lead Email Department Project # CKin-mi@co.weld.co.us GR-45 Contract Description* EXTENSION FOR THE DESIGN CONTRACT FOR THE CR 66 AND CR 41 PROJECT Contract Description 2 Contract Type Department RENEWAL AL PUBLIC WORKS Amount* Department Email $798,818.0 CM- PubhcWorksweldgov.com Renewable YES Department Head it CM-PublicWorks- Automatic Renewal DeptHead g` eldgov.corn NO County Attorney Grant BRUCE BARKER NO County Attorney Email ICA BBARKERL`CO.WELD.CO.US NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested 8OCC Agenda Due Date Date 01/0U2022 p`2022 01/05/2022 Will a work session with BOCC be required?`* HAD Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base r Review e 12/30'2021 Cornmttted Delivery Date Renewal Date * 12/31,/2022 Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 01/03/2022 Final Approval EOCC Approved ROCC Signed Date ROCC Agenda Date 01,,'10Y2022 Purchasing Approved Date Finance Approver CHRIS D'C 1DIO Finance Approved Date 01/03/2022 Tyler Ref # AG 011022 Legal Counsel BOB CHOATE Legal Counsel Approved Date 01/03/2822 0--ontr-o'c-t s tJ If 39 SD MEMORANDUM Date: March 5, 2020 To: Esther Gesick, CTB From: Clay Kimmi, Project Manager, Public Works RE: OnBase Contract ID #3452 — Design Services for CR 66 & CR 41 Intersection, B2000034 Please place the attached agreement on the BOCC Consent Agenda. The BOCC approved the award of this contract to Horrocks Engineers, Inc. on February 26, 2020. The Consultant has signed the contract and has provided the required insurance listing Weld County as an additional insured party. I will plan on attending the BOCC hearing to answer any questions the BOCC may have regarding this contract. OODO — C)13Co 03109 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND HORROCKS ENGINEERS FOR CR 66 & CR 41 INTERSECTION DESIGN PROJECT THIS AGREEMENT is made and entered into this Cday of Grct' , 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 Horrocks Engineers, Inc., a corporation, whose address is 5670 Greenwood Plaza Blvd, Suite 416W, Greenwood Village, CO 80111, 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 82000034. The RFP contains all the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibit A. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the 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 M:\ —Active P%ccts\WCR 66 and WCR 41 Intersection\Design\Contract'Agreement\AGREEMENT FOR CR 66 AND CR 4I INTERSECTION Rev Ldocx Page 1 of 9 �j 22/2© -7/3 which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. If written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing rior 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 $789,818.00 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 M:'Active Pro ects\WCR 66 and WCR 41 Intersection\Design\Contract\Agreement\AGREEMENT FOR CR 66 AND CR 41 INTERSECTION Rev I.docx Page 2 of 9 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 M:1- -Active Projects\WCR 66 and WCR 41 Intersection Desigr.\Contract\Agrecment\AGREEMENI' FOR CR 66 AND CR 41 INTERSECTION Rev l.docx Page 3 of 9 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-Vlll" 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 M:', —Active Projecia\ WCR 66 and WCR 41 Intersection\Design\Contract\Agreement\AGREENIENT FOR CR 66 AND CR 41 INTERSECTION Rev I.docx Page 4 of 9 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, to the extent caused by the negligent 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 wil 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 M:\ —Active Projects\WCR 66 and WCR 4 i Intersection\Design\Contract\AgreernenMGREEMENT FOR CR 66 AND CR 41 Q'ITF.RSECTION Rev I .docx Page 5 of 9 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 M:\ —Active Projects\WCR 66 and WCR 41 lntersection\Design\Contrnct\AgreemcntMAGRE1.MENT FOR CR 66 AND CR 41 INTERSECTION Rev I.docx Page6or9 (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: Horrocks Engineers, Inc. Attn.: Johnny Olson, P.E. Address: 5670 Greenwood Plaza Blvd, Suite 416W Address: Greenwood Village, CO 80111 E-mail: iohnny.olson(abhorrocks.com Phone: 970-381-2206 County: Name: Clay Kimmi, P.E. Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmi(a?_co.weld.co.us Phone: 970-381-7977 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 M:1 --Active Protects\WCR 66 and WCR 41 intersection\DesignlContract\Agreement\AGREEMENT FOR CR 66 AND CR 41 INTERSF.CTION Rev I.docx Page 7 of 9 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 M:\ —Active Projects\WCR 66 and WCR 41 Intersection\Design\Contract\Agreement\AOREE TENT FOR CR 66 AND CR 41 11\TERSECT[ON Rev I.docx Page 8 of 9 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. ITNE S WHEREOF, the parties hereto have signed this Agreement this / day of , 2020. CONTRACT PROFESSIONAL: Title: C. 0 WELD COUN V�� ATTEST Weld ntClerk to the .Bord . BY: Deputy Clgjk to BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ke Freeman, MAR 0 9 2020 M:1—Activc Projects\WCR 66 and WCR 41 Intersection\Design\Cortract\Agreemert\AGREEMEN"I' FOR CR 66 AND CR 41 PNTERSECTION Rev :.docx Page 9 of 9 o�`Oo2O- 5/8(, Request for Proposals #B2000034 Purpose The Weld County Public Works vendors for Engineering Services It is expected that the project will improvements, floodplain and dra is not anticipated to be part of the Department is seeking qualifications submittals from qualified related to the design of the CR 66 & CR 41 intersection project. include the addition of left turn lanes on all legs, sight distance inage improvements, and access improvements. A traffic signal project. The intersection of CR 66 & CR 41 will be Portland Cement Concrete Pavement (PCCP) with Hot Mix Asphalt (HMA) approach roads. The PCCP will extend a minimum of 200 feet or more beyond the intersection limits as determined by coordination between the County and the Consultant. The Best Value QBS process outlined in Chapter 5, Section 5-4-150 (C) will to utilized to select the design consultant. As part of the proposal, Consultant shall include a cost/fee estimate with associated hours for all professional services outlined below in Item III. There will be no negotiation of the cost/fee after selection of the Consultant. At a minimum, the cost proposal shall include the tasks shown in Attachment A. II. General Project Description Weld County is planning to reconstruct the CR 66 and CR 41 Intersection utilizing design services provided by engineering consultants and construction services provided by a general contractor. The total project estimate is $10.5 million. The design data table for the project is included in Attachment B. Ill. Scope of Services The services will consist of detailed road and bridge/culvert design generally consisting of but not limited to: A. Detailed road and bridge/culvert design generally consisting of overall plan preparation (30%, 60%, 95%, and Ready for Construction); B. 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; C. Geotechnical evaluations; D. Subsurface utility engineering (SUE) report to a minimum Quality Level (QL) A for all existing utilities, oil and gas facilities, and agricultural irrigation facilities. The SUE shall include videotaping of all culvert and irrigation crossings of the roadway as well as videotaping of irrigation pipelines located adjacent to the existing and proposed ROW; E. Hydraulic evaluations including floodplain modeling/permitting and FEMA CLOMR/LOMR process and County Flood Hazard Development Permit (FHDP) process. Note the roadway elevation on CR 66 through the floodplain has to be 0.17 feet (approximately 2 inches) lower than the current roadway elevation; F. Report preparation including structure selection report if applicable, geotechnical report, and drainage report; G. CDOT style Right-of-way plans including title work; H. Specification preparation; 1. Coordination with property owners; J. Attending irrigation board meetings, open houses, etc. to give presentations during the design phase and the ROW acquisition phase; 1 K. Environmental services. The design consultant shall utilize environmental services from Tiglas Ecological Services (business: 970-635-9183, cell 970-222-2151, email: tiglasd(a_),aol.com).; L. Utility relocation coordination; M. ROW acquisition services; N. Shop drawing review; O. Prefabrication inspections (if required); and P. Responding to Contractor request for information (RFI) inquiries. IV. Project Requirements A. General Requirements 1. When performing field investigations, the Consultant shall provide reasonable provisions for Weld County representatives to observe the Consultant's and/or sub -consultant's work in progress. 2. Weld County will provide CAD files and available survey to the Consultant upon award of the Contract. 3. The Consultant shall provide a full range of engineering services and accept project management responsibility at all levels. The submitted cost and work hours shall be based on the work items described herein. The cost and work shall include a line item of Other Professional Services (OPS) in the amount of $90,000 which may be required (Weld County must pre -approve the use of this line item) during the project design. 4. All AutoCAD (Civil 3D) files shall follow the standards outlined in the latest edition of the CDOT CADD Manual or as approved by Weld County. 5. All design work shall be completed using the latest AASHTO and CDOT design and construction standards or guidelines, practices, and procedures. The Consultant shall also utilize the Weld County Engineering Criteria Manual for design parameters. In the event of a discrepancy between the design standards, the most stringent shall apply. Weld County shall determine the most stringent design standard at its sole discretion. 6. The Consultant and sub -consultants shall obtain a ROW Permit from Weld County when performing all field investigations and fieldwork. There will be no charge for the permit, however, the Consultant and/or sub -consultant shall provide traffic control plans, certificates of insurance, and the ROW permit application for review and issuance. The subsurface utility engineering (SUE) investigations and geotechnical testing shall also have a separate ROW permit for the sub -consultants performing the work. The cost of all traffic control (including permitting) shall be included in the cost of the project. All traffic control is subject to the County's acceptance prior to the commencement of the work. 7. The Consultant shall provide monthly invoices including detailed written monthly progress reports for the project duration. The monthly progress reports shall consist of: a) A cover letter outlining all work billed for during the invoice period; b) Backup data showing the personnel working on a task, their hourly rate, descriptions for each task, and the numbers of hours billed to the task; c) A time sheet certification signed by the Consultant's project manager; and d) Sub -Consultant invoices shall include the same information as backup documentation. B. Conceptual Design (30% Design) 1. The Consultant shall provide two options for the intersection layout (Option I — Stay on Current Alignment and Option 2 — Move Intersection and CR 66 South of Current Alignment). The options shall evaluate the cost of acquiring ROW/easements, moving utilities including oil and gas facilities and irrigation facilities, and construction estimates. The Consultant shall communicate with the affected landowners to determine if Option 1 is viable without the use of condemnation. 2. The Consultant shall provide conceptual design alternatives for bridge/culvert concepts (at least three) to be included in a structure selection report. This report shall include conceptual drawings and design calculations, identify all land acquisition requirements and contain a conceptual Opinion of Cost to identify any possible funding shortfalls. 2 3. A preliminary Geotechnical Report shall be prepared during this phase of the design. The Geotechnical Report shall include a PCCP design for the intersection and an HMA design for the approach roads. C. SUE Plans — Quality Level A to be completed prior to the completion of Preliminary Plans 1. The Consultant shall locate, on utility plan sheets, all existing utilities, oil and gas facilities, and agricultural irrigation facilities (hereafter called Utilities). The facilities shall be located to a minimum Quality Level A. NOTE: Weld County's requirements are more stringent than Senate Bill (S.B.) 18-167 and ASCE 83-02. In the event of a conflict between Weld County's requirements, S.B.18-167, and ASCE 83-02 the Weld County requirements shall take precedence. 2. AutoCAD Civil 3D (version currently used by Weld County) files showing linework for all subsurface facilities and test holes within the project area shall be provided by the Consultant. 3. A plan set (scale: 1 inch = 50 feet) showing the Utilities both horizontally, vertically, and in relation to the proposed improvements shall be provided. Communications pedestals, meter pits, valve boxes, manholes, vaults, pig stations, etc. shall be shown. The owner of each facility shall be identified on the plan set. Survey elevations of the rim and bottom of all meter pits, valve boxes, valve nuts, and other items located in vaults, manholes, meter boxes, valve boxes, etc. shall be shown on the plans. 4. Each page of the plan set shall include a sheet border, title block, north arrow, Call 811 image, scale, legend, match lines, centerline stationing, road name labels, structure labels (bridges, culverts, walls, etc.), existing and proposed rights -of -ways, test hole locations, and applicable notes. Additionally, the title of the plan subset shall be labeled as Subsurface Utility Engineering Plans and shall include the sheet number of the overall plan set and subset. The plan set shall follow the standards outlined in the latest edition of the CDOT CADD Manual or as approved by Weld County. 5. The Consultant shall include a minimum of 80 test holes for the Quality Level A portion of the design phase. Test hole costs shall be based on unit costs for each hole. Test hole costs based on hourly rates will not be accepted. Failure to include unit costs for each test hole may result in the proposal being rejected by the County. 6. The Consultant shall provide the location of the control points, location of the benchmark, and the scale factors used in their drawings. The data shall be in the modified State Plane Coordinate System and shall be on the NAVD-88 vertical datum. 7. A plan sheet shall be included for test hole logs including a table summarizing the data outlined below for each test hole. 8. Quality Level A is the use of nondestructive techniques to provide precise plan and profile mapping of underground utilities through nondestructive exposure. It shall also include the type, size, condition, material, and other characteristics of the underground feature. a) Tasks associated with Quality Level A include but are not limited to: (1) All tasks associated with Quality Level B (a) There is no prescribed order in which Quality Level A and B tasks must be performed. (2) Selection of Test Locations (a) Obtain data where the precise horizontal and vertical location of Utilities, obtained by exposure and survey of the utility at specific points, is needed for conflict assessment/resolution purposes. (b) The Consultant shall recommend test locations based on the requirements of the project and on existing subsurface utility information. All potential conflict locations between the Utilities and the proposed project shall be identified by the Consultant. (c) The Consultant shall provide the proposed test hole locations on the plan subset (as described above) for review and acceptance by the County. (d) Test hole locations shall be prioritized by oil and gas crossings, oil and gas running adjacent to the project, underground electrical, water/sewer, telecommunications, irrigation/stormwater, and then all other utilities. 3 (3) Selection of Method (a) When available, verifiable information on previously exposed and surveyed Utilities (such as survey records during utility line construction) shall be furnished in lieu of new excavation, exposure, and survey at that same point, or at a suitable nearby point. (b) If utility lines must be exposed and surveyed at specified locations, the Consultant shall use minimally intrusive excavation techniques that ensure the safety of the excavation, the integrity of the utility line to be measured, and that of other lines which may be encountered during excavation. (c) Excavation shall be by means of air -or water -assisted vacuum excavation equipment. (d) Use of water -assisted vacuum excavation shall oniy be approved provided such method poses minimal risk of damage to the existing roadway or utility lines. (4) Compliance with Utility Notification Center Requirements (a) The Consultant shall comply with all applicable provisions of Colorado and Weld County regulations when planning or performing excavations at test hole locations. (b) Compliance actions include but are not limited to: notify owners or operators of underground utility facilities at least two (2) business days prior (not including the day of actual notice) to making or beginning excavations in the vicinity of such facilities; call 811 for the marking of member utilities; contact non-member or private utility, oil and gas, and/or irrigation owners directly; coordinate with utility owner representatives as required for inspection or other on -site assistance; immediately cease excavation work and report any resultant utility line damage to owner. (5) Excavation of Test Holes (a) Clear the test hole area of surface debris. (b) In paved areas, neatly cut and remove existing pavement, which cut shall not exceed 225 square inches unless otherwise approved. (c) Excavate the test hole by the method(s) and standards set forth herein (see also "Selection of Method" above). The depth of the test hole shall not exceed 15 feet. A test hole shall extend a minimum of 18 inches laterally on each side of the utility mark unless otherwise approved. Revise the test hole location as necessary to positively expose the utility. (d) For utilities crossing under the roadway, test holes shall be taken at each edge of the proposed ROW and at the flowline of the proposed ditch on each side of the road (a total of 4 test holes per each utility crossing). (e) Expose the Utility only to the extent required for identification and data collection purposes. (f) Avoid damage to lines, wrappings, coatings, cathodic protection or other protective coverings and features. Repairs required by the utility owner, oil and gas facility owner, or irrigation facility owner will be at the cost SUE consultant. (g) Hand -dig as needed to supplement mechanical excavation and to ensure safety. (h) Store excavated material for re -use or disposal, as appropriate. (6) Collection, Recording, and Presentation of Data — Measure and/or record the following information on an appropriately formatted test hole data sheet that has been sealed and dated by the Consultant: (a) Elevation of top and/or bottom of the utility tied to the project datum, to a vertical accuracy of +/- 0.05 feet; (b) Elevation of existing grade over Utility at test hole; (c) Horizontal location (include northings and eastings) referenced to project coordinate datum, to a horizontal accuracy consistent with applicable survey standards; 4 (d) Field sketch showing horizontal location referenced to a minimum of three (3) swing ties to physical structures existing in the field and shown on the project plans; (e) Approximate centerline bearing of utility line; (f) Outside diameter of pipe, width of duct banks, and configuration of non - encased multi -conduit systems; (g) Utility structure material composition, when reasonably ascertainable; (h) Identity of benchmarks used to determine elevations; (i) Utility facility condition; (j) Pavement thickness and type when applicable; (k) Soil type and site conditions; (I) Identity of utility owner/operator; and (m) Other pertinent information as is reasonably ascertainable from test hole. (7) Site Restoration (a) Replace bedding material around exposed utility lines in accordance with owner's specifications or as otherwise directed or approved by the utility owner and/or Weld County. (b) Backfill and compact with appropriate moisture/density control the excavation in a manner acceptable to Weld County. (c) Install color -coded warning ribbon within the backfill area and directly above the utility line. (d) Provide permanent pavement restoration within the limits of the cut using materials, compaction, and pavement thickness acceptable to Weld County. (e) Repair or replace backfill or pavement that fails (i.e., subsidence and/or loss of pavement material) within two (2) years of the original restoration work. (f) For excavations in unpaved areas, restore disturbed area as nearly as practicable to pre-existing conditions. (g) Furnish and install permanent surface marker (e.g., P.K. nail, peg, steel pin, or hub) directly above the centerline of the structure and record the elevation of the marker. (8) Interpretation of Data and Resolution of Discrepancies (a) Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. (b) Update plan/profile sheets, electronic files, and/or other documents to reflect the integration of QL D, QL C, QL B, and QL A information. (c) Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies; As appropriate, amend the indicated quality level of depicted information. 9. Quality Level B is the use of surface geophysical techniques to determine the existence and horizontal position of underground facilities. a) Tasks associated with Quality Level B include but are not limited to: (1) All tasks associated with Quality Level C (a) There is no prescribed order in which Quality Level B and C tasks must be performed. (2) Line Detection and Marking (a) Select and apply appropriate surface geophysical method(s) to search for and detect Utilities within the project limits, and/or to trace a particular utility line or system. (b) Mark the indications of utilities on the ground surface, for subsequent survey utilizing paint or other method acceptable for marking of lines. (c) Utilize the uniform color code of the American Public Works Association for marking of utilities. (d) Mark centerline of single -conduit lines, and outside edges of multi -conduit systems. (e) Maintain horizontal accuracy of +/- 1.5 feet in the marking of lines. (3) Surveys 5 (a) Survey all markings that indicate the presence of a subsurface Utility. (b) Perform surveys that have been referenced to the project survey control to a horizontal accuracy consistent with applicable survey standards. (c) Record depth information as may be indicated by the particular detection method used. (d) Survey elevation of all meters, valves, valve nuts, and other items located in underground vaults, manholes, meter boxes, valve boxes, etc. (e) Video the condition of all culverts and irrigation crossings of the roadway. The videoing shall be done with a remote vehicle equipped with high definition video and shall include an analysis with 360 degrees of rotation and notations showing footages which are recorded on screen. Operator comments of observations associated with the inspection shall be included on the video. (f) Video the condition of all culverts and irrigation adjacent to the existing and/or proposed roadway. The video shall be done with a remote vehicle equipped with high definition video and shall include an analysis with 360 degrees of rotation and notations showing footages which are recorded on screen. Operator comments of observations associated with the inspection shall be included on the video. (4) Correlation, Interpretation, and Presentation of Data; Resolution of Discrepancies (a) Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. (b) Prepare and update plan sheets, electronic files, and/or other documents to reflect the integration of Quality Leve B, C, and D information. (c) Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. (d) As appropriate, amend the indicated quality level of depicted information. (5) The geophysical techniques include but are not limited to: (a) pipe and cable locators (inductive, conductive, active, and passive modes); (b) terrain conductivity; (c) ground penetrating radar; (d) ground resistivity techniques; (e) optical methods (cameras and image recording devices); (f) computer driven algorithms coupled with data collection techniques; (g) magnetic methods (gradiometrics); and (h) elastic wave methods (resonant sonics, active sonics, and passive sonics). 10. Quality Level C is the use of surveying techniques to locate visible facilities such as manholes, pedestals, valve boxes, meter boxes, etc. and correlating it to existing utility records (Quality Level D information). a) Tasks associated with Quality Level C include but are not limited to: (1) All tasks associated with Quality Level D (a) There is no prescribed order in which Quality Level C and D tasks must be performed. (2) Identification of Surface Utility Features (a) Identify surface features, from project topographic data (if available) and from field observations, that are surface appurtenances of subsurface utilities. (3) Aerial or Ground -Mounted Facilities (a) Include survey and correlation of aerial or ground -mounted utility facilities. (4) Surveys (a) Survey and check surface features of subsurface utility facilities or systems for accuracy and completeness (b) The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. (5) Confined Space Procedures 6 (a) Whenever the work requires the entry of personnel into confined spaces (including but not limited to manholes, vaults, and pipes), comply with applicable OSHA procedures and requirements. (6) Correlation, Interpretation, and Presentation of Data; Resolution of Discrepancies (a) Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. (b) Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and C information. (c) Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. (d) As appropriate, amend the indicated quality level of depicted information. 11. Quality Level D is the use of existing utility records or verbal recollections to identify facility locations. a) Tasks associated with Quality Level D include but are not limited to: (1) Records and Information Research (a) Conduct appropriate investigations (e.g. records search, personal interviews, visual inspections, etc.), to help identify utility owners which may have facilities within the project limits or that may be affected by the project. (2) Records Collection (a) Collect applicable records (e.g. utility base maps, as -built drawings, drawings of record, permit records, field notes, GIS data, oral histories, etc.) on the existence and approximate location of existing involved utilities. (3) Records Review (a) Review records for evidence or indication of additional available records, duplicate or conflicting information, and need for clarification. (4) Aerial or Ground -Mounted Facilities (a) Include records research, identification, and depiction of aerial or ground - mounted facilities. (5) Compilation and Presentation of Data (a) Transfer information on all involved facilities to plan sheets, exercise professional judgement to resolve conflicting information, and indicate facility type and ownership; date of depiction; quality levels; end points of data; line status (e.g. active, abandoned, out of service, etc.); line size and condition; number of jointly buried cables; and any encasement. 12. Prior to a Utility being classified as Quality Level B, C or D, the Consultant shall coordinate with Weld County and provide evidence that all of the applicable geophysical techniques have be utilized and have failed to locate the underground facility. 13. Prior to submitting the plan sheets, the Consultant shall provide internal QA/QC to verify that drafting errors are corrected. Weld County will review and comment on the plan sheets. The Consultant shall address each comment and update the plan sheets prior to submittal of the final deliverable. 14. Upon completion of the Subsurface Utility Engineering plan sheets, the consultant shall provide the County with three (3) sets of 11 x17 plan sheets showing the information described above. Electronic copies (PDF and CAD drawing files) shall be provided. 15. Each plan sheet shall be stamped, signed, and dated by a registered Professional Engineer licensed in the State of Colorado. The Professional Engineer shall be responsible for negligent errors and/or omissions in the utility data for the certified quality level. D. Preliminary Design (aka FIR or 60% Design) 1. The consultant shall be required to provide detailed design plans for all components of the project. A status set of plans will be kept available to the County for review and submittal to the appropriate agencies, utility companies, and affected property owners as needed. 7 2. The underground facilities shall be shown horizontally, vertically, and in relation to the proposed improvements. All Utility conflicts must be identified, and the Consultant shall provide coordination including site meetings with all affected Utility owners. 3. The location of the control points, benchmark locations, and scale factors used in the drawings shall be provided. The data shall be provided in the modified State Plane Coordinate System and shall be on the NAVD-88 vertical datum. 4. The Consultant shall provide an internal QA/QC review of the preliminary design plans including quantity hand calculations prior to submittal to Weld County for review and comment. The Consultant shall address each comment and update the plans prior to submittal of the deliverable. 5. The Consultant shall apply for and receive a Flood Hazard Development Permit (FHDP) from the County Planning Department. The Consultant shall submit all floodplain modeling to FEMA as a CLOMR for review and approval. The Consultant shall include the appropriate applications fees as required for each bridge/culvert design in their proposal. The Consultant shall address FEMA and Weld County comments prior to resubmittals to FEMA. 6. The Consultant shall coordinate the identification of rights -of -ways, permanent easements, and temporary construction easements required to construct the project. The work will require the preparation of right-of-way/easement exhibits and plans for the project. 7. The Consultant shall prepare documents and conduct environmental investigations in accordance with the requirements of the current federal and state environmental regulations, including the National Environmental Protection Act of 1969 (NEPA). The Consultant shall utilize environmental services provided by Tiglas Ecological Services to complete these tasks (business: 970-635-9183, cell 970-222-2151, email: tiglasd@aol.com). The Consultant shall assume the standard COOT environmental process will be followed. 8. The Consultant shall provide the County with three (3) 11"x17" sets of review plans, including a detailed Engineer's Estimate of the construction costs for review and comment. At this stage, the plans should be approximately 60% complete. The Consultant shall provide quantity calculations (hand calculations) for the 30 costliest bid items in the plans. 9. The Consultant shall also provide the County with drawings in electronic format (pdf). 10. The Consultant shall prepare an agenda, attend the preliminary design meeting, and provide support information for the meeting. Meeting minutes shall be prepared by the Consultant. 11. The plan set for the 60% design level shall include but not be limited to the following plan subsets: a) Title Sheet b) M&S Standard Plans List c) Typical Roadway Sections/Details d) General Notes e) Summary of Approximate Quantities f) Summary of Earthwork Quantities g) Tabulations h) Survey Control i) Demolition/Removal Plans j) Utility Plans — Existing k) Utility Plans — Proposed Relocation I) Right of Way Plans m) Roadway Plan and Profile n) Preliminary Jointing Plan o) Access Road Plan and Profile p) Irrigation Ditch Plan and Profile q) Bridge/Culvert Plans (as applicable) r) Grading Plans s) Drainage Plan and Profile t) Drainage/Irrigation Ditch Details u) SWMP — Interim Condition v) Signing and Striping Plans w) Phasing Plans x) Method of Handling Traffic (MHT) Plans y) Detour Plans z) Cross Sections E. Final Design (aka FOR, 95%, and Ready for Construction) 1. The Consultant shall provide detailed hand calculations for all bid items which are part of the project. It is not sufficient to provide calculations solely produced by AutoCAD. All AutoCAD quantity calculations shall be verified by detailed hand calculations. 2. The Consultant shall provide finalized reports and plan sets listed above for the final design phase, and for the final bid documents. 3. The Consultant shall prepare project special provisions and current CDOT standard special provisions. The Consultant shall provide the County with three (3) 11"x17" sets of plans and the specification package for review and comment. At this stage the plans should be approximately 95% complete. 4. The Consultant shall provide an internal QA/QC review of the preliminary design plans including quantity calculations (by hand) prior to submittal to Weld County for review and comment. The Consultant shall address each comment and update the plans prior to submittal of the deliverable. 5. If the project design includes a bridge or box culvert, the Consultant shall provide an independent third -party review of the final design plans. Proof of the independent third - party review shall be submitted to Weld County. 6. The Consultant shall also provide the County with drawings in electronic format (pdf). The consultant shall receive comments from the County and incorporate these comments into the final set of bid documents. 7. The Consultant shall provide detailed design plans for all aspects of the project. The plan subsets for the final design level shall include but not be limited to the following plan subsets: a) Title Sheet b) M&S Standard Plan List c) Typical Roadway Sections/Details d) General Notes e) Summary of Approximate Quantities f) Summary of Earthwork Quantities g) Tabulations h) Survey Tabulation i) Survey Control j) Demolition/Removal Plans k) Utility Plans — Existing I) Utility Plans — Proposed Relocation m) Roadway Plan and Profile n) Final Jointing Plan o) Access Road Plan and Profile p) Irrigation Ditch Plan and Profile q) Bridge Plans (as applicable) r) Grading Plans s) Drainage Plan and Profile t) Drainage/Irrigation Ditch Details u) SWMP — Interim Condition v) SWMP — Final Condition w) Landscaping Plans x) Signing and Striping Plans y) Phasing Plans z) ROW Plans 9 aa) MHT Plans bb) Detour Plans cc) Cross Sections 8. The Consultant shall prepare an agenda, attend the final design meeting, and provide the support information for the meeting. Meeting minutes will be prepared by the Consultant. 9. After the final design meeting, the Consultant shall submit the final ROW Plans as well as any applicable environmental clearance documents. 10. If the County experiences additional costs during construction which are directly associated with errors and omissions (consultant negligence) resulting in change orders approval by the Board of County Commissioners and/or costs greater than the original bid unit costs, the Consultant shall be financially liable for such increased costs. See Item 6 in the attached sample contract that will be executed upon award of the Contract. F. Post Design Services 1. The Consultant shall acquire the ROW, permanent easements, and temporary construction easements on behalf of the County. The work will require the preparation of right-of- way/easement exhibits and plans for the project. All ROW acquisition shall substantially follow the Real Estate Acquisition Guide for Local Public Agencies published by FHWA, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S. Ch. 61 (Uniform Act), and Title 38 of the Colorado Revised Statutes (CRS). 2. The Consultant shall coordinate the relocation of utilities, oil and gas facilities, and agricultural irrigation facilities. G. During Construction Services 1. The Consultant shall provide up to 80 hours of time for an engineer to attend weekly coordination meetings via conference call, perform requested site visits, review shop drawings, and answer RFIs from the Contractor. 2. The Consultant shall provide onsite quality assurance inspection for the casting of the prefabricated girders for any bridge that is part of the project. H. Post Construction Services 1. The Consultant shall submit all as -built floodplain modeling to FEMA as a LOMR. The Consultant shall include the appropriate applications fees as required for each bridge/culvert design in their proposal. The Consultant shall also include time and costs for an as -built survey for all infrastructure within the floodplain, stamped and signed by a Colorado Licensed Professional Land Surveyor (PLS). V. Project Schedule (Anticipated) The project schedule currently anticipates the following design phase milestones: Desian Phase • Pre -proposal Meeting (mandatory) ----------------------------January 23, 2020 (1:30 P.M.) • Proposals Due at Purchasing ----------------------------------February 12, 2020 (10:00 A.M.) • Interviews Conducted (As Needed) -------------------------- February 20, 2020 • Design Contract Awarded ----------------------------------------March 18, 2020 • 30% Design Phase------------------------------------------------ March 19, 2020 to June 30, 2020 • 60% Design Phase ------------------------------------------------July 1, 2020 to September 15, 2020 • 90% Design Phase--------------------------------------- September 16, 2020 to February 26, 2021 • Ready for Construction Plans Completed --------------------March 1, 2021 to March 31, 2021 ROW Acquisition & Utility Relocation Phases • ROW Acquisition------------------------------------------------- April 1, 2021 to December 30, 2021 • Utility Relocation------------------------------------------------ February 3, 2022 to June 29, 2022 10 Construction Phase • Bid CR 66/41 Intersection -----------------------------------June 30, 2022 to September 2, 2022 • Irrigation Relocation---------------------------------------- October 17, 2022 to March 16, 2023 • Construction--------------------------------------------------- March 17, 2023 to August 16, 2023 • As -Built Plans and LOMR to FEMA-------------------------- August 17, 2023 to March 30, 2024 • Construction Services Completed ----------------------------April 1, 2024 VI. 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. Provide a proposed cost and work hours required to complete the scope of work. The cost and work hours shall be provided separately for each phase of the design (conceptual, preliminary, final, post design, during construction, and post construction). 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". 9. 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. Limit 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 County reserves the right to reject any and/or all proposals, to further negotiate with the successful consultant and to waive informalities and minor irregularities in proposals received, and to accept any portion of the proposal if deemed to be in the best interest of Weld County to do so. The total cost of preparation and submission shall be borne by the consultant. All information submitted in response to this request for proposal is public after the Notice of Award has been issued. The consultant should not include as part of the proposal any information which they believe to be a trade secret or other privileged or confidential data. If the consultant wishes to include such material, then the material should be supplied under separate cover and identified as confidential. Entire proposals marked confidential will not be honored. Weld County will endeavor to keep that information confidential, separate and apart from the proposal subject to the provisions of the Colorado Open Records Act or order of court. B. Contacts Questions related to the submittal requirements and procedures should be directed to: Clay Kimmi, P.E. - Senior Engineer 970-400-3741, ckimmi(c)co.weld.co.us 11 ATTACHMENT A Cost Proposal Task Descriptions Task Description Project Coordination & Management Team Coordination Monthly Billing Meetings (Kickoff, Monthly Progress, Conceptual, Preliminary, Final) Conceptual Design (30%) & Plans General Data Gathering Topographic Survey ROW and Property Mapping Title Commitments Utility & Irrigation Coordination Roadway Design for Options 1 & 2 Floodplain Investigation & Analysis Drainage & Irrigation Design Structure Selection Report with Exhibits Geotechnical Investigation (including Traffic Control & ROW Permit) & Draft Report Conceptual Design Plan Set Internal QA/QC Opinion of Probable Cost Subsurface Utility Engineering Subsurface Utility Engineering - QL A Plans Utility Locates & Markings Traffic Control & ROW Permit Field Survey Locates & Markings Test Holes $/hole - Up to 15 ft deep Field Survey Test Holes Backfill and Patch Test Holes FIR Design (60%) & Plans Address Conceptual & SUE Comments Environmental Clearances - ISA, Wetland Delineation, 404 Permit, Sensitive Species, Noxious Weeds, Migratory Birds, T&E, SB-40 Certification, Wetlands Finding Report, SHIPO, Meetings) Floodplain Modeling and Permitting ROW Plans Drainage/Irrigation Design & Report Roadway Design for Preferred Option Bridge/Culvert Design & Calculations FIR Design Plan Set Quantities and Opinion of Probable Cost CLOMR Package to FEMA FHDP to Weld County Planning Internal QA/QC FOR Design (95%) Address FIR Comments Drainage/Irrigation Design Roadway Design for Preferred Option Bridge/Culvert Design & Calculations Final ROW Plans Third Party Bridge/Culvert Review 12 FOR Design Plan Set Quantities and Opinion of Probable Cost Final Drainage/Irrigation Report Final Geotech Report Internal QA/QC Ready for Construction Address FOR Comments RFC Plan Set Project Special Provisions Post Design Services Structure Load Rating (if applicable) Stake ROW & Easements ROW Acquisition Utility Relocation Coordination During Construction Services Pre -bid Meeting Review Shop Drawings Review Request for Information Girder Inspection Weekly Progress Meetings Post Construction Services As -built Survey for Bridge LOMR Submittal Other Professional Services Other Professional Services 13 ATTACHMENT B Design Criteria Table Design Data for WCR 66141 Intersection Design Parameters Approved Criteria Criteria Referenced CR 66 Roadway CR 41 Roadway i Functional Classification Arterial Collector Weld County ADT - Current (year) 667 (2018) 770 (2018) Weld County % Trucks 2018- Single/Combo 30%/8%0 I 13%/8% Weld County Pavement Design TBD TBD Speed 85 Percentile 58 58 Weld County Design Speed (mph) 65 65 Weld County Posted Speed (mph) 55 55 Weld County. Number of Lanes 2 w/ left turn lanes 2 w/ left turn lanes Weld County Surface Type - Concrete shall extend a min. of 200 feet beyond the PC of each intersection leg Concrete Intersection/HMA Approach Concrete Intersection/HMA Approach Weld County Lane Width (ft) 12 12 Weld County Engineering Guidelines, Table 2-1 Should Width (ft) Paved 5 5 Weld County Should Width (ft) - Gravel 1 1 Weld County Left Turn Lane Width (ft) 16 16 Weld County Median Width (ft) 4 4 Weld County Cross Slope (%) 2 2 Weld County Engineering Guidelines, Section 4.2.4 Design Vehicle WB-67 WB-67 WeldCounty Structure Design Frequency 100 -year (in FEMA floodplain/way) 25 -year Weld County Engineering Table 4-3 Floodplain Roadway Elevation Hold 0.17 ft below existing road surface _____________________Guidelines, Weld County Freeboard (Bridge/Box Culvert) 2 2 Weld County Structure Flow Capacity (cfs) Eaton Draw @ CR 66 3,980 FEMA LOMR 15 -08 - 0573P, Table 2 Minimum Clear Zone-Fill(ft) Slope 6:1 or Flatter 18-20 18-20 AASHTO Roadside Design Guide, Table 3-1 Slope 5:1 - 4:1 20-26 20-26 AASHTO Roadside Design Guide, Table 3-1 Slope 3:1 -- -- AASHTO Roadside Design Guide, Table 3-1 Minimum Clear Zone - Cut ft Slope 6:1 or Flatter 18-20 18-20 AASHTO Roadside Design Guide, Table 3-1 Slope 5:1 - 4:1 20-26 20-26 AASHTO Roadside Design Guide, Table 3-1 Slope 3!1 -- -- AASHTO Roadside Design Guide, Table 3-1 Design Side Slopes l Foreslope (Typical) 4:1 4:1 Weld County Engineering Guidelines, Section 8.8.1 Backslope (Typical) 4:1 4:1 Weld County Engineering Guidelines, Section 8.8.1 Depth of Ditch T ical varies varies Horizontal Curves Max Super (%) 6 6 Weld County Engineering Guidelines, Section 4.2.2 Min Radius (ft) 1660 1660 AASHTO 2018, Table 3-9 it' Min SSD (ft) 645 645 AASHTO 2018, Table 3-1, Table 7-1 Desirable SSD (ft) 695 695 '_AASHTO 2018, Table 3-3 Vertical Curves Max Grade % 6 6 Weld County Min Grade % 0.2 0.2 Weld County Min 'K' (Crest) 193 193 AASHTO 2018, Table 3-35 Desirable 'K (Crest) 432 ! 432 AASHTO 2018, Table 3-36 K (Sag) 157 i 157 AASHTO 2018, Table 3-37 SSD (ft) 645 645 : AASHTO 2018, Table 3-35 Auxiliar Lanes Desi n Based on Desi. n S eed - Left turn lane on each le of intersection Number of Lanes 1 1 Redirect Taper 55:1 55:1 Weld County Engineering Guidelines, Table 8-5 Accel. Length (ft) 960 960 Weld County Engineering Guidelines, Table 8-5 Accel Taper Rate 18.5:1 18.5:1 Weld County Engineering Guidelines, Table 8-5 Decel. Length (ft) 600 600 Weld County Engineering Guidelines Table 8-5 , Decel. Taper Rate 18.5:1 18.5:1 Weld County Engineering Guidelines, Table 8-5 Left Turn Taper Rate 18.5:1 18.5:1 Weld County Engineering Guidelines Table 8-5 Left Turn Storage (ft) 200 200 , Weld County Engineering l Guidelines Table 8-7 , 15 PART 2- SELECTION PROCESS I. Selection Criteria and Method Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from I to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 5.0 Scope of Proposal The proposal clearly shows an understanding of the project objectives, methodology to be used, and results that are desired by the Department. The proposal demonstrates the firm clearly understands the 5.0 Critical Issues major issues associated with the project and offers realistic solutions to those issues. The firm has described their methods of controlling their design and construction cost. The firm has demonstrated an ability to 4.0 Project Control insure State or Federal procedures are used where appropriate. The firm has a Quality Control process in -place to manage the quality of their product. Work Project team's work location relative to the project site location. 4.0 Location/Familiarity Key team members have demonstrated familiarity with Weld County and the goals of the Department. Is the proposed cost, work hours, and tasks presented 15.0 Cost and Work reasonable and consistent with the project goals? The lowest Hours cost that includes all tasks necessary to successfully complete the project scores the highest. IW I . I sit uest vdiue process Will oe utnizea to select the Consultant. There will be no negotiation of the cost/fee after the Consultant is selected. Each scorer will rate the proposals based on the rating scale outlined above. After the scorer has scored each proposal, the individual proposal scores will be totaled. Each scorer's scores will be ranked by score from highest to lowest. The proposal with the highest score will be ranked first place , second highest score will be ranked second place, and so on until all proposals have been proposals have been ranked. After all scorer rankings have been determined, each ranking will be totaled for each proposal based on their respective rankings (1st 2nd, 3rd, etc.) from the scorers. For each scorer, rank 1 will get 1 point, rank 2 will get 2 points, and so on. The points will be totaled for each proposal. The proposals will then be ranked by the aggregate score. The first ranked proposal will be considered to be the best value for the County. The first ranked proposal may not be the lowest overall cost. WE ..e .• PART 3 �f R,QFESSI.OTNAL E'RVICES AGREEMENT' (EX` APLE) 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 , Can 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 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 17 payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. Na 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 jjpj 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 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 18 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 19 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: 20 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. 21 ........................ ...... 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: Clay Kimmi Position: Senior Engineer Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmi(�co.weld.co.us Phone: 970-381-7977 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 22 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, 23 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: Name: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board Date: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair 24 `' yt a1 .�^ " n 11 p F I( IY�T✓1 AYE DY11 �i } xA�) flu. � aP qy YbJ � � IJi ya�rF^ I!! �S � v a1s n ay + t r wl: L7 r r ty(1 n +4"r ^f₹iar ,�Mri` , ♦T J, ki r J i t a •• ) � n r y OIL �a~^u� I IyA .i rt.y ZY� P^�£G ks6 � 4��:. • Y a r r !i �Ei?t'rr �' s' M':bSiF•, 73«..a �v x° a � " ¢e =�s s. 1 9r1 i2'rv'' s•d-ry R' 'Y y x a qr •, i 9}s,i. I 1> 1 . � Nrp' ti i c ' • 4 ,.?40 ^.�`� Vr °a p..x*^$'".; pry x�{a..?r'e++1"+it h+. ; • .. O}}$ �f > r �$..��( T ripyr 1�, {q,. A♦ �a x=.1 J .-'.'Z fii ,}Z }3' ? �a;'; WEE M1 i �4Y ur .t CL A - Mtt 9` �fW.bsr+� ui -m4 PYp i �e a En a {f{ F4 LA RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. 1 Addendum No. Addendum No. FIRM Horrocks Engineers Date: February 6, 2020 By: Johnny Olson, PE Date: By: Date: BUSINESS ADDRESS 5670 Greenwood Plaza Blvd, Suite 416W By: BY Johnny Olson, PE (Please print) CITY, STATE, ZIP CODE Greenwood Village, CO 80111 DATE February 11, 2020 TELEPHONE NO 303-967-0353 FAX TAX ID #87-0296502 SIGNATURE E-MAIL johnny.olson@horrocks.com A signed copy of the Receipt of Addenda must be included with RFP. It will not be included in the total page count. Failure to include the Receipt of Addenda will result in the proposal being rejected by the County. February 12, 2020 EddG!M1SEERU'JG SERVICES FOR DESIGN CR 66 & CR 41 INTERSECTION PROJECT Weld County Purchasing Department, Weld County Administrative Building 1150 0 Street, Room #107 Greeley, CO 80631 RE: Request for Proposals #B2000034 Engineering Services for Design of CR 66 & CR 41 Intersection Project Dear Mr. Kimmi and Members of the Selection Committee: Thank you for providing Horrocks Engineers the opportunity to advance our team, qualifications, and delivery approach with this proposal for the important reconstruction of the CR 66 and CR 41 intersection. We certainly recognize the significance of developing this improvement project for the safety and increased mobility for the traveling public, as well as achieving this in partnership with Weld County. We feel fortunate to be provided this opportunity and we do not take that lightly. We will work hard every day to earn your trust by demonstrating our capabilities, attention to detail, and client care that truly make a difference in the consulting business. As described in the SOQ, our team is developed and organized with these specific elements in mind. Our partner firms include David Evans and Associates (DEA) to lead survey, hydraulics and hydrology, Right -of -Way (ROW) design and to support other areas; Yeh and Associates (Yeh) to lead geotechnical and pavement design; and Western States Land Services (Western States) to lead land acquisition services. This synergistic partnership is founded on the combined capabilities, delivery excellence and an eagerness to demonstrate our proven project delivery approach. We are confident that our firms have more than sufficient capacity, availability, and expertise to deliver ready -to -advertise bid documents for this project. To expand on the SOQ, our team offers Weld County the following key team elements: • We are a vested, local community partner — Our Project Manager Johnny Olson is a long-time Weld County resident who has recently opened a Horrocks office in Greeley. This local office will provide the County easy access to our team. • We will serve Weld County as an extension of your staff — We believe in developing a unified delivery team, which includes both the consultant and Weld County staff. This "one -team" approach will engender togetherness and high performance. We are committed to responsiveness — This is a hallmark belief and one that we embrace on every project. • We are known for high -quality and cost-efficient delivery — Our delivery will be high quality and cost efficient. We will ensure that each deliverable goes through our project -tailored QA/QC process before it goes out the door. We will not rely on County staff to provide our quality review. • Understanding guides our approach — We are aware of the evolving roadway network improvements and the strong stakeholder involvement to date. This understanding will aid tremendously in developing community -supported improvements. We are excited by the opportunity to continue this procurement by submitting this proposal for your consideration. We look forward to serving the County with distinction. Sincerely, .. Horrocks Engineers and the firm's team assigned to this project accept the terms and provisions as outlined in the Weld County=Standard Contract Agreement, Johnny Olson, PE included as Part3 of the REP, and is ,willing to ekEcute this agreement Project Manager We appreciate the, opportunity to submit this .aproposat and look forward to working -closely with Weld County on,this project iun HORROCKS r4 ENGINEERS WELD COUNTY ENGINEERING SERVICES FOR DESIGN CR 66 & CR 41 INTERSECTION PROJECT PROJECT TEAM'S LOCATION Horrocks recently opened an office in Greeley, and our Project Manager, Johnny Olson, has lived in Greeley for more than 20 years. Our office and Johnny's home are about 15 minutes by car to the CR 66/CR 41 Intersection Project site and are also conveniently located near the County's offices. Project staff from Horrocks' Greenwood Village office are less than 1.5 hours from the Project. KEY TEAM MEMBERS' FAMILIARITY WITH WELD COUNTY Since 1991, Johnny has lived in Weld County and has had the opportunity to work with the County on many transportation projects during his leadership tenure with CDOT. Johnny and his family reside in Greeley; therefore, he has a heightened interest in the successful and safe delivery of transportation improvements that improve community safety and mobility. Because of Johnny's leadership and experience with CDOT, he has followed the County's development, study, and need for transportation safety and capacity improvements with a keen eye for solutions from a transportation engineer's technical perspective. For these reasons, Johnny brings a uniquely intense level of knowledge of Weld County and its transportation challenges and goals and how those goals can be achieved successfully while providing the best value to the County, its citizens, and the driving public. The following are some of the key elements of our understanding of Weld County: There are broader safety concerns outside this project driven by the predominance of industrial facilities and the related truck traffic and rail lines, and the sequencing of roadway closures on the US85 corridor. Some of the safety concerns at nearby at -grade RR crossings have led to train hits, and, unfortunately, deaths. We understand the need for clear, straightforward, and sensitive communication with stakeholders and the public in order to reassure them that the benefits of the related RR closing projects are a matter of life and death in our community. We will support the County in advocating for these projects by describing the benefits that result from this project as well as the related RR crossing closure projects. We recognize that advancing these projects is not easy, and it takes courage for the County to drive these projects. FAMILIARITY WITH GOALS OF THE DEPARTMENT Horrocks is familiar with Weld County's goals and the specific challenges that the County has experienced delivering projects. Some of the goals include the following: Proactive Communication. Communication begins with listening. The design options we present to the County will Greeley 4627 West 20th St, Rd., Ste. F Greeley, CO 80634 Denver (Greenwood Village) 5670 Greenwood Plaza Blvd., Suite 416W Greenwood Village, CO 80111 Graeiey Ipll / ;S'ri I / tl I / / }loll lial7 demonstrate that we listened and understood their goals and concerns. We will clearly describe each option's pros and cons and will collaborate with the County to arrive at an agreed -upon, workable solution. Vested Partner. Along with open communication, the County needs to see that our team is vested in the long- term success of this project and of the County. Continual communication about project status and decision making will mitigate the errors and omissions in plan sets that the County has had to deal with recently. Horrocks makes every effort to deliver plans of the highest quality and with no errors by enforcing our stringent Quality Management Process (QMP). Although unlikely, if an error or omission appears in our deliverables, we are committed to owning our mistake and working to make it better to the County's complete satisfaction. Local and Responsive. As of January 2020, and in addition to our office in Greenwood Village, Horrocks has a physical office in Weld County. Johnny is a resident of Weld County; he will be readily available to meet with the County's PM on -site or at the County's office. Driving Value. Adding value wherever possible makes good projects great. Because we are committed to Weld County's success and because it's just the right thing to do, each of our engineers looks for opportunities to bring added value to every project. That is our culture and that is how we work to achieve client satisfaction on every job. u�r HORROCKS 2 ENGINEERS ENGINEEmO SERVCES FOR DESIGN WELD COUNTY CR 66 & CRN41 INTERSECTION PROJECT This section provides highlights of the Horrocks team's extensive understanding of the objectives, drivers, setting, critical issues and needed services for this important safety project for Weld County. Building on that understanding, we then describe key elements of our delivery approach, including management functions for communication, coordination, and quality, and the technical delivery with specific attention to improvement options. Following that, we provide additional elements of our delivery to bring extra value to Weld County for cost certainty and schedule adherence. UNDERSTANDING: A FOUNDATION FOR SUCCESSFUL DELIVERY Weld County is advancing improvements to the roadway network that will enhance safety and mobility for motorists as the County balances the rapid growth it is experiencing with important community services. Many communities struggle with the challenge of embracing growth with the necessity of having a reliable transportation system, and often react too late to the strains that increasing population demands create on the network. Weld County is proactively addressing the growth by implementing these improvements before the impact becomes critical. It is clear that having a functional, reliable transportation system is a high priority for Weld County. Finding the right balance between needed improvements with available funding is where the challenge really lies, while working together with other contributing parties, like CD0T. The balance is dynamic, and sometimes creates changes to the plans, as is the case with the connected improvements along WCR 64. We also understand the importance of working in partnership with Weld County to relieve many of the daily frustrations that occur on projects. Similar to other municipalities, the Weld County staff has limited availability so the consultant team needs to serve as an extension of the County staff and offload many items that can burden their staff. Key elements of the Horrocks team's delivery will be adherence to design standards, quality assurance, minimizing review times, achieving schedule objectives, providing viable, well - constructed alternatives, and proactive communication regarding project issues, status, and plans moving forward. UNDERSTANDING CRITICAL ISSUES We have learned through our broad experience helping clients deliver infrastructure projects that probably the single most important item that leads to project success is the ability to identify and address critical issues. We refer to these items as schedule busters: those things that can cause schedule delays, impact cost, and present other delivery challenges. The exhibit on page 4 provides an overview of many of those items that are described below, along with highlights of our approach. HORROCKS EN GIN E E R S PROJECT DELIVERY METHODOLOGY The project in general consists of safety improvements the existing intersection at CR 66 and CR 41. Improvements will consist of additional left turn lanes on all four intersection legs, addition of shoulders, drainage and irrigation improvements, improving sight distances, access improvements, and utility relocations. With this full understanding of the project setting, drivers, scope and needs, we offer the following delivery philosophy and phased approach to develop and deliver this intersection improvement. PROJECT INITIATION PHASE Duration One Month I Theme: Start Fast Establish One -Team Orientation The first phase of the delivery schedule is the project initiation phase. This is actually a critical time in the whole project delivery as it sets the stage for all phases to come and establishes many of the foundational elements that will be important as the project proceeds. = Getting Started Fast. We have learned that the best way to deliver , f an schedule is to start fast and get ahead of schedule early. We have identified several items that will enable this fast start. Survey. We have already established our survey guidelines and started plans for accomplishing all survey needs. We are fortunate to have the David Evans and Associates, Inc. (DEA) geomatics team on board to provide all survey services. DEA utilizes the latest technologies for project success and to assist in accelerated schedules. DEA owns a fleet of small Unmanned Aerial Systems (sUAS) that can collect survey quality site data and high resolution aerial images only hours after the project is awarded, This information will be provided to our design team almost immediately, allowing them to begin work prior to field surveyors being mobilized. Property Owner Contacts. We will start early connections with the property owners adjacent to the intersection. These early contacts are intended to get their input and thoughts regarding the intersection improvement and to understand their desires with respect to their properties. Subsequent communications will be far easier as these relationships are already established. ROW Base. Through our experience we have seen that working through the ROW identification and acquisition process is typically on the critical path for schedule adherence. We are getting in front of that process by establishing the ROW base early with the intention of advancing ROW acquisition to clear the needed ROW for the roadway improvement. 'u C•an Gt.x W !.�.n �n.rlln.,..e rX:d'<: N .,. Pti 1'cetl 4. Yr•k cn au.>• yt li lizdxr n 3..a},ol, n c'iF1n, ;7 hi>4 O:Sg mg.') Ctc rtaryyli! SC 3 rf VU Gump wW'y c&. , st +kC't [£� c tqm i:fw+A:m t4A 24vn at* t; w iI. .rW atilt { t.ECat iLvm +'ia.4TrSL tp 44 Chirryjt npi R't+.:cCat?rJJdt7QjYar ' m Y� �,#,q ytMi .na k? 'Sd dk. vnd t1y I'ild t+1h1(¢ , btl !'-'d UTiLITiE5 '}-, SURVEY aa[n.rlun� O*ICttN i; (}u i' ? iSl:lIrT) i:v LI:R (tVJ.{ Et, r L r p L1n'If4 {.f dC". Y'rr lmc' K"tL L.Y �M LVJ{�" j P?^fi'!1V W qfl. 1' M1 'Tlflr'J trll:rq ,.r ryM !f!r{[+ [,Wr4Yr'•IGAIftS. �}:rtiT, :rcr!!;.y!pry ta: fh t;tct rJ'ttn...r.,d tdA-,r ::fan:ach 't.rtCF1 JI 1 4'! f.:1r_ry (161 G'^.1 4t L.'V tfti 4( x] r.V ;rit f.:lm 1 . -Yr: ttu •�i'[�Y'.i•w< tJ Y::IK] E t_•hYp cl t ACJ nt vlru+( drv-d4 C1f t dlk] tdhiyr tU 'fivtl t"Aen�t5 du:Y rrnr;i lCtc x f0 4» PNi xflltg[3y. !'ild L1}' :S.: V n ' r -1:J. t+ CEOTECi1N'ICAL "' ROw X33` (}I'' 9kv}JjfAA`u Da171Nto PG vsag,cI Lrsu m -Ilk1mkr:.w 1 ncaltd 4'Y Yy t4' kis in lali. rtluynrJ C' Ct z ca::t:httKt t xrvNUY 4�c1+jE tf :1M I.L^..i 11 dJi�`H"!: 111 Fin 4[1 cl%i '1f it. -M Lyi re•;�m::antld ..� and adSnc rrtv-2s-+'yea'vrntrr kr ta^oI, eepdri IM loliv w,„ tHfrrr terrlGrd IJ^CTrtlrl#iMN;L.k dilli tit`<f. n4V rcJra p<ily Y4'tJ'..'i tlsnGrcwtlk fifnniyirp p4TY.lif.a4 d1tdtlmr'�iY en 1k 1 f r nt:" jI..ftt#s#pAtn 5TRLJCTION COM4!RUCTION ' SC C05T F P 7.,.t: J tv r( ri wvi.ta::tst }m.rH Yd[ h'^"nl mrrvrrYi !.. -...on -. ....t r4 t�Ptl Lse COMMUNICATION %AIELD COUNTYNGiNE RING, SERVICES FOR DESIGN CR 66 & CR 41 INTERSECTION PROJECT Chartering Session. Many firms use kickoff meetings to start meeting, we investigated the option to realign CR 66 to the south of projects. During these sessions general information is communicated the utility tanks in the southeast quadrant, but decided not to advance to the extended team and then the project gets going. At Horrocks, we that option due to the added costs for additional ROW acquisitions, have learned that the best teams operate from a place of alignment, damage to crops and operations of farmers irrigation, as well as the where each member is clearly aware of their team role, what their impacts to the safety and mobility of CR 66 as a main arterial. specific responsibilities are, understands communication and The graphic on pages 7-8 highlights variations to two considered coordination protocols with our internal and external teammates, options at this time, along with our preliminary assessment of and works in sync to accomplish project goals and objectives. We advantage and disadvantages. During the concept stage we feel there initiate projects with a chartering session where all of these items may be other alternatives to investigate further to ensure we are taking are clearly communicated and memorialized in a team chartering all the critical issues and cost into account. agreement. This agreement is a signed commitment that essentially unifies a team in a more concrete, substantive way. This is the start of our "One -Team" orientation that will result in high performance throughout the project duration. Management Plans. We will establish all of our guidance documents during the initiation phase and communicate them to the team during the chartering session. These plans include: Project Management Plan (PMP). The overall plan for guiding the project delivery. Includes team structure, roles and responsibilities, communication protocols, the Work Breakdown Structure (WBS), the schedule, reporting procedures, and all other guidance elements. Other management plans will be included as addenda. • Risk Management Plan (RMP) • Quality Management Plan (QMP) Document Management Plan. This plan provides the structure for managing all documents, including CAD files and project correspondence. Data Acquisition. Along with accomplishing survey during this phase, we will also collect all over data needs, including geotechncial data, as -built information, and utility. CONCEPTUAL DESIGN. PHASE — 30% Duration 3 Months J Theme; Effective Decision Making — Synergy After we have established our delivery foundation in the initiation phase we are ready to advance the development of alternative concepts to accomplish improvement objectives outlined in the RFP Roadway Design Initial Range of Solutions. The conceptual design stage is when the full range of potential solutions are considered. The RFP was very prescriptive by giving specific guidance for the intersection improvement alternatives to incorporate new left turn lanes for each left turn movement to accommodate increased traffic projections, and for only two (2) widening options on CR 66: widen about the centerline and move the CR 66 and the intersection to the south. We have looked into these design alternatives and developed layouts that incorporate the planned storage lengths and utilize the standard taper rates. As we reviewed the direction provided at the pre -proposal Additionally, it will be prudent to evaluate additional widening considerations to accomplish increased operational benefits during the conceptual phase. By doing this evaluation some additional elements may be added within the current budget. Getting as much done today will help reduce the cost over time due to construction inflation and ROW cost. These considerations will include additional right turn lanes, in particular along CR 66 with the likely added through and right movements. This effort will afford the County to better understand future traffic volumes on a major arterial and needs far today and in 2050. Cost will be the primary evaluation for any additional lanes or ROW acquisition needed for the ultimate configuration. This will allow the County to ensure they are getting the best value for the current budget. Evaluation Criteria. Horrocks will develop a matrix of criteria that will be used to evaluate each of the considered alternatives. The criteria will be developed through input from all project constituents, including Weld County, other involved stakeholders, and the extended project team. Through our experience we have learned that some criteria are viewed as more important than others, so we will consider using weighting factors for these criteria. Potential criteria could include: • Cost • ROW Impacts • Operations • Drainage/Irrigation • Environmental • Utility Impacts Leveraging workshops. All teams have project meetings where the staff come together to discuss the project. Horrocks believes that there is much more value in these team meetings by having them more interactive, like a workshop, where the team works together to advance specific items. These items could be developing alternatives, working through criteria for evaluating the alternatives, and actually evaluating the alternatives. The outcome of these workshops is a more supported decision that can advance to final design. Drainage/Irrigation & Hydraulics Design. From a drainage and irrigation standpoint the improvements to the intersection at WCR 41 and WCR 66 require improvements to Eaton Draw, Bliss Lateral HORROCKS 1 C continued on page 9 F N G I N H E R S 6 !MELD COUNTY OR 66 & OR 41 INTERSECTION PROJECT Harroclat has conducted soma preliminary investigations into potential alternalhveq 9a the CR 661CR 41 inlamaction- This graphic displays four (4) considered options for accomphthmaq the improvement. Ophont 1B and 20 are included to highlight the range of aftematvea considered thfoilgh gaidaaee from Weld County.• CR 66 current alignment widen about centerline. CR 41 widen to the west This alterna!ae will hold the CR 66 dose to the exislirg alignmentand move CR41 W the westby holding t hecastexistng ROW Ilne. By moving CR 41 to the west we eliminate the need for permanent ROW By moving CR 41 to the west, we eliminate the need for permanent ROW '. PROS acquisitions from tae IWngeaberg farms and any disturbance of their acquisitions from the Hullgonberg farms am i any disturbance of their • Avoids mkxalians of Had Propertyand ROWactons on Hungenberg property. Also, this will result in minimal impacts to the major power property. Also, this will result in minimal impacts to the major power tarns tansmission lineman teeast ROWlinaandwiil reduce imparts!oexicting trWlsmission line in on the east ROW line and will reduce impacts to • Improves eight distance andiir tohligwrdides tanks on the somNea3t comer. . exisfmg tanks an the southeast corner. • Increases opportunities for flood miligalion PROS PROS CONS • Avoids impacts to the Utility Tank Battery on the southeast and the • Avoids impacts to the Utility Tank Battery on the south�st and the • Significantly increases hand acquisition needs home on the northeast home on to northeast • Increases impacts to fanning, crops, and irritation • Balances impacts to bath sides of CR 66 • Avoids impacts to properties on the nosh of CR 66 • Introduces major curves into CR 66 alignment, which will affect • Results in minimal ge;krrial changes to roadway alignments • Minimizes geometric changes to roadway alignments driver expectancy, safety, and mobility • Utilizes existing roadway prism • Splits farming operations and leaves significant uneconomical CONS • FJlminales ROW impacts to Hungerburg farms an north sloe of CR 66 remainders • Impacts properties mall tour quadrants • Requires most ROW acpuisilin with impact to all properties Its difficult to see enough detail in the renderings for CR 66 current alignment widen to Me south by hording me nORh side edge of pavement. CR 41 widen to Ike west. This alternative will hold the CH 66 close to the adstmJ alignment and move 6041 Its the west by hcldhg the east existing ROW line. "PTX)N 2A Refacate CR66aligament soolb ofWildly TankBattery. Thisalternativewf9 relocate CR 66 m passouth of the existing Utility Tank Ba1Wiy m to southeast quadrant of the misting intersection as directed by Weld County at the pre -proposal meeling. HO OCKS ano ncana 1 7 9 CONS • ResuI In larger imp d to he pmperlies on lhesauth side of CR 66 • Requires relocation of power lines on south side of CR 66 • Impacts farming revenue on Five M Farms and requires irrigation design Retards CR 66 alignment between exisfag CR 56 and Btdity TankBaltery. Create new intemcfaa with CR 41 south oferfstlug IMersecilon by about 4B feet. _. Thisalammdvawifiprovidea nowinlwsec6onaf CH66and CR 41 approximateIy40 ftetsouth of the existing intersection. CR 66 will sNftsauth of the current alignment This follows some of he direction provided by Weld County to investigate a relocated Intersection south of tae arrwlt tocatiork The disilm blilween the north ROW lire and the larkbafteryaapproxtnlaily 176 fed, which would allow for all to roada2y�ures horizontal andvedkal, drainage ditches and seItactw tlW meet current starndards, PROS • Eliminates to relocation of the Hunt property and disturbance of the Hun enberg farms • Does notknpict the Ma hones on the north aide ofCR 66 • Dces not impact Irrigation on the north east • Fasesconstmclinphasing CONS • Impacts the Five M Farms property on the south side, hovrever with the current irrigation operation of Ile Iwo fates Deshift would fund dance to the field and not cause an uneconomical remainder • Impacts the major litigation structureand well house an the fareast end of the Flve M Farms • Added cansinction cost Y:NGG SERVICES FOR CR 66 I & CR�41 INTERSECTION PROJECT and several other irrigation systems. An upsized crossing structure is needed from the CMP that currently carries irrigation and storm runoff under WCR 66. The 100 -year flood event will need to pass under the roadway in the improved condition. Along with this upsized crossing, the irrigation company will have requirements to which the crossing will need to conform. The improved crossing will also have to be designed to work with surrounding property owners and users to ensure that the improvements do not negatively impact properties or uses of the properties, or if they do, that they are mitigated. With all irrigation design we will work with each farmer effected by the roadway improvements to ensure they are receiving their required flows, in a fashion they are accustomed to. Open communication and dialog will help the farmers better understand the project and irrigation design, which will allow them to support the new system. Utilities. Existing utilities within the intersection area and along each of the roadways will be a major contributor to advancing alternative design decisions. Horrocks has developed an industry -leading team of professionals that have been providing SUE services for over a decade. We are proud of the reputation that we have earned through our approach to delivering these services for our clients. Being Responsive to Client Needs. We understand the importance of providing these services in a timely manner and achieving all schedule objective. Delivering Full -service SUE Solutions. Our SUE services cover the wide array of needs within SUE, including the full range of Quality Levels (QLs), as well as full coordination with utility companies, designing mitigations and relocations when needed, and managing the process of utility locating through design. Attention to Providing Exceptional High -quality Deliverables. Our deliverables include CAD drawings that specify all relevant information about each utility, GIS files for managing the utility data, reports that include structure sheets for each found structure, and 3D files when requested to easily identify conflicts with planned designs. Our high quality deliverables regularly reduce risk during construction that saves time and money. We will perform the needed utility investigations to remove risk from construction while providing our design teams the needed information to make informed design decisions to minimize impacts to utilities to reduce overall project costs. During this phase we anticipate performing all QL-D work, as well as QL-C and QL-B work (designating). The RFP was very detailed in the scope of work for SUE tasks. Horrocks is very experienced in conducting SUE for many projects across the West, including Colorado, and we will leverage this experience to provide Weld County sound and professional advice for accomplishing the SUE services. Achieving accurate QL-B data is a critical step in SUE, and Horrocks exercises great care in marking and surveying the field designated utilities. Indications of utilities will be marked on the ground surface for subsequent survey, utilizing the same marking methods and colors recommended by USA North/Blue Stakes, Colorado 811, and the Common Ground Alliance. The centerline of single -conduit lines will be marked and the outside edges of multiconduit systems will be marked with a horizontal accuracy of +/-1.5 feet as prescribed by ASCE standards. All survey work will be completed in reference to the project's survey control. Our designators survey their own marked utilities each day, which provides the greatest accuracy and minimizes cost. Additional Utility Information. Additional research and coordination with utility stakeholders can be conducted during this phase to obtain information regarding abandoned or out - of -service carrier pipes, utility shut-off valves, and emergency shut-off plans within the project boundary. Information Resolution. When QL-B work is completed, all data collected during QL-D, -C, and -B tasks will be compared. Professional judgment and experience coupled with communication and coordination with the utility owners will be used to resolve conflicting or previously unknown information, The resolution process corrects locations, resolves duplicate lines, and verifies previously unknown facility locations. This information will be provided in CADD with each utility tagged with the appropriate quality level. Utility Locating Accuracy. With QL-B data in hand, we will have the most accurate existing horizontal utility information available for the project. Horrocks will use our past design and construction experience to provide the County with identification of utility conflict points between the planned construction and existing utility facilities. This summary will clearly identify those utilities thought to be in conflict or at risk with the proposed construction. Horrocks will provide our recommendation to the County of which utilities should be advanced to QL-A (testholes) locating. We are confident that we can reduce the number of testholes identified in the RFP to reduce overall project costs while still providing assurance that utilities are substantially covered. Environmental. Our teammateTiglas Ecological Services (TES) will be leading all environmental services, with support from Horrocks as needed. During the concept stage they will begin the environmental investigations, including: • Initial Site Assessment (ASTM Standard Record Search, Ground Reconnaissance) • Identification of Wetlands/Water of the US • 404 Permitting Process • Sensitive Species Research • Birds of Prey Survey • Cultural and Historic Research HORROCKS I'll _,:n 9 E N G I N E E R S MELD COUNTY ENGINEERI? Since the project does not include any Federalized funds, planning any work for SB40, noxious weeds, ISA 881, and producing a CDOT formatted Wetlands Finding Report. Geotechnical. Begin geotechnical investigations, establishing drilling plan. JG SERV!CES FOR DESIGN 41 INTERSECTION PROJECT we are not flood event. This could be accomplished by utilizing approximately will not be four (4) 5 -foot x 20 -foot concrete box culverts or an 80 -foot bridge opening. Depending on the bottom of the culvert (natural or concrete) including and the downstream erosion control measures, the capacity of the crossing will be affected. However, our initial research shows this is rou hl the size needed to ass tho fl d t Th h Our team will conduct field reconnaissance and perform the subsurface investigation. Our teammate Yeh and Associates will collect samples for testing by drilling 6 to 8 borings to depths of 5 to 10 feet along with cores to document the existing pavement depth in the proposed widening areas. Borings will be backfilled with auger cuttings and if a boring is taken through the pavement, it will be patched using non -shrink grout. In addition to the pavement borings, one boring will be advanced to a depth of 30 feet to provide information for the box culvert. Once the filed data is collected, Yeh will provide laboratory testing to determine engineering characteristics of the existing soils in order to determine pavement thickness and supply boxculvert recommendations. This information will allow the design team to prepare the conceptual typical sections and help define toes of slopes for ROW needs. PRELIMINARY DESIGN PHASE — 60% Duration 3 Months I Theme: Efficient — Proactive The Horrocks team will advance the design to a 60% level of completion. This level of completion will include design plans for all components to identify ROW requirements, utility impacts with potential relocations, drainage/irrigation and structure designs, and a preliminary assessment of costs. Roadway Design. We will advance the selected alternative from the conceptual design phase into preliminary design. At this stage we will finalize all design elements, including the horizontal and vertical alignment for the planned design speeds of 65 mph on CR 66 and 55 mph on CR 41. The vertical alignment on CR 66 will be designed to improve the vertical sight distance concern and to accommodate increased elevation requirements to pass the required flood elevations from the Eaton Draw Crossing. Additional geometric improvements for adding the identified turn lanes in each quadrant and for accomplishing widening transitions will also be designed. The project typical section will also be established and finalized. This will show each cross sectional design element including lane widths, shoulder widths, pavement and side slope/ditch cross slopes and the planned pavement section. The pavement section will be concrete in the intersection area and asphalt for each of the roadway segments outside of the intersection. The length of concrete will be determined by the traffic volumes and projected Equivalent Single Axle Load (ESAL) design variance for the corridor. We want to ensure the concrete prevents shoving from stopping vehicles and has value to the project. Drainage. At Eaton Draw, the crossing has an approximate 400 square foot hydraulic opening that is needed to pass the 100 -year 9 Y p oo even . e c annel m the area just upstream and downstream of the crossing will need to be graded to provide a channel with greater capacity. This channelization is necessary to control the flood events and allow the floodwaters to pass under the roadway. It is anticipated that the irrigation company will want the main irrigation flows to be separated into its their own system or channelized through the crossing to maintain a depth of flow for the irrigation flows. This could be accomplished by either through separate system in a pipe or small walls, be they berms or structural, minimizing the spread of the waters until flooding events occurred overtopping the channelization walls. Other irrigation concerns include impacting tile drains and overall coordination with the irrigation company. Johnny has coordinated with many of the irrigation companies and private owners in Weld County and will have a lead role on the communication with the all Irrigation Company or private owners. Harry Strasser and his staff have designed solutions meeting irrigation needs in past work and will work with Johnny and meet with the Irrigation Company to understand their requirements and needs and combine that with requirements from the county to produce the best approach that meets expectations from both parties. Utilities. This is the phase where the Horrocks SUE team really shines. With the selected concept in hand, along with the QL-B utility information overlaid in 3D, we can then assess where the utility risks really are and develop a testhole plan that will provide the needed information to remove risk during construction while minimizing costs. We have included a planned number of testholes in our cost estimate Environmental. This phase is when the preliminary environmental reports will be published for the noted activities started during the concept phase, These include: • Initial Site Assessment Report • Identification of Wetlands/Waters of the US • Sensitive Species Report • Birds of Prey Survey and Report • Cultural and Historic Report Geotechnical. Analyze the field data and laboratory test results and provide a geotechnical report addressing the following information: • All soil test data • Subgrade treatment recommendations, if needed • Chemical analysis of soils for soluble sulfate, chloride, resistivity, and pH to be used to determine the type of drainage pipe materials • Recommendations addressing both hot mix asphalt pavement thickness and Portland cement concrete pavement designs in accordance with Weld County Standards. HORROCKS un 1U 13 N GIN E E R S i•r V ENGIN E ERIN G SERVICES FOR iESI C N CR 66 & CR 41 INTERSECTION PROJECT • Recommendations for box culverts, including bearing capacity • Final Report on Migratory Birds and lateral earth pressures • Final 404 Permit Application Finalize the geotechnical report that documents the geotechnical layers along with drilling logs for each boring. This data is needed for the pavement recommendations. We will use the AASHTOWare Pavement ME Design pavement design software, which builds upon the mechanistic -empirical pavement design guide. Also during the preparation of the preliminary plans we will perform extensive evaluations of probable cost on all quantities and ensure there is a rigorous QA/QC process completed. We want to deliver the best quality and plan set to the County. FINAL DESIGN PHASE - 95% Duration 5 Months J Theme: Deliver —Value — Cost Certainty The Horrocks team will advance the design from the preliminary phase through final design, incorporating all changes identified during the review process. This level of completion will provide ready to advertise construction plans, specifications and estimates. Roadway Design. We will advance the selected alternative from the preliminary design phase to a final design. At this stage we develop final details of all elements, including the plan and profile sheets for each roadway, typical section sheets for each roadway, construction staging sheets showing an approach to constructing the roadways and managing traffic during construction, and final cross sections showing the proposed roadway on the existing ground. We will develop sheets for all other standard and special designs. The submittal will include the full plans, specifications and estimates (PS&E). The estimate will be an important element of the final PS&E package. It will be accomplished by developing a complete set of quantities utilizing automated techniques with hand checks to ensure accuracy. The unit costs will be developed utilizing historical cost data and then validating it with current industry trends and other factors that could cause cost variations, like current construction, size of quantity, and other factors. This combination of quantities and unit cost will combine to create an opinion of probable cost. Drainage. The drainage designs will be included in the final plan set, showing the designs of culverts/pipes, ditches and any channelization details for the Bliss Irrigation Company. Utilities. The main focus of utilities during final design is to design any utility relocations that may be required. The Horrocks SUE team has extensive experience working with utility companies to develop relocation designs that work in conjunction with their plans and operational schedules to minimize impacts to the utility customers. Environmental. Environmental reports will be finalized and published. These include: • Final T&E Report HORROC_11 K_ S ENGLNSSRS • Document SHPO Coordination • Wetland Mitigation Report, if necessary READY FOR CONSTRUCTION PHASED The Final Design Phase will essentially conclude with a meeting to review all design elements, including plans, specifications and opinions of probably cost. Horrocks will prepare the agenda, provide all needed meeting support and document the meeting with minutes. We will then issue Ready For Construction (RFC) plans that are ready to be advertised for bid. The RFC plans will incorporate any Comments from the FOR 95% Review meeting and will provide a revised Opinion of Probable Cost. ROW ACQUISITION & UTILITY RELOCATION PHASES The Horrocks planned schedule, shown on page 14, highlights the start date and durations of the anticipated ROW acquisition and the utility relocation timelines. These items are advanced before the roadway construction to enable clear and unimpeded construction of the roadway elements, and to leverage the DOLA funding when it becomes available. It appears that it is possible to advance these timelines even more if the DOLA funding flow allows. CONSTRUCTION PHASE. Horrocks will provide our services to Weld County during Construction. These services include participation in the pre -bid meeting(s), shop drawing reviews, review and response to RFIs, and inspection services. POST -DESIGN SERVICES. Horrocks will provide needed post -design services, including load testing of structures, ROW staking, and other services as requested Our approach to delivering these intersection improvement design services is based on the following key tenets: • Open and regular communication • Responsiveness • Caring and attention to details OUR PROJECT DELIVERY PLAN FOCUSES ON EFFECTIVE COMMUNICATION AND UTU.J( S INNOIvIATI' E TOOLS Good management begins with proactive communication and partnership skills. Our full -service civil engineering and support services personnel will work as an extension of Weld County staff to provide the needed design services. We believe in and practice partnering principles, which include trusting in one another, establishing open communication, setting common goals, resolving issues quickly and at the lowest level, and seeking input in an effort to find better solutions. This approach will be established at the outset of the project and is detailed in our Project Delivery Plan (PDP). tAl G SERVICES FOR DES!GN ELD COUNT CR 66 I & CRS 41 INTERSECTION PROJECT Through a project kickoff meeting (sometimes called "chartering") the details of the project are fully communicated to all parties. An important outcome of this meeting is alignment on all project aspects, including roles and responsibilities, schedule, goals and objectives, communication protocols (meeting schedule, etc.), and deliverables. Horrocks has also invested in innovative communication tools that add to project efficiency and enhance team collaboration, including: Quick Meeting Tools. Gathering a group together is easy with videoconferencing through GoToMeeting and Skype. Both of these tools include sharing desktops so that all parties can view plans or Google maps to achieve mutual understanding. Web -Based Dashboards. Horrocks has developed SharePoint dashboards to track action items, decisions, risks, opportunities, innovations, budgets, estimates, links to GIS and Fileshare locations, and progress for real-time project status. We can develop this tool for any project and provide full access to NMDOT staff for easy viewing of real-time project updates. .-Y K YV.Y..Y-I • Y..�• a GIS Mapping Applications. Horrocks' GIS Department has developed several state-of-the-art Software As A Service (SAAS) products for organizing or understanding information spatially. We are able to support the County's existing GIS efforts or share our proprietary programs to help with project development. Our SAAS products include help with blue stakes, tracking public comments and right-of-way status, and more. Our GIS group also teams with our in-house graphic designers to develop story maps as a tool to help present project information if needed at management meetings. Visualization Tools. Horrocks has been utilizing 3D modeling and augmented reality programs to help stakeholders better visualize projects. These tools are web -based and can be used in the field for better visualization and understanding of project issues or impacts. Because these tools are already developed and part of our workflow, the cost to utilize them is kept to a minimum. We regularly create computer renderings and animations to show photo -realistic still and fly -through simulations as what the project will look like in its completed state. Our experience is that when stakeholders better understand the situation/design they are far more supportive of the project. These tools will greatly aid in that understanding and subsequent support. EXAMPLE 3D IMAGERY 1 Horrocks provides industry -leading project management and control systems that will enable Johnny to guide the successful project delivery. Mt NA MENi SYSTEMS Horrocks brings a full array of management tools to share status and manage the progress of projects. We tailor our approach to leveraging these systems to bring in just the right amount of resources depending on the specific project need. We will utilize our suite of tools to accomplish what is needed for each project. COST CONTROL AND MAINTAINING SCHEDULE Managing costs and schedule are intertwined. The best way to manage costs is to stay on schedule, particularly in typically short duration rural projects. We use a combination of tools and techniques to monitor, manage, and control costs, and will utilize the best fit tools for each specific project. Drawing upon extensive experience, we will prepare and maintain a resource -loaded schedule and a project life - cycle graph with a performance baseline. Johnny will create monthly reports to chart progress vs. time vs. cost and compare it to the performance baseline. Any issues related to work progress that are identified in the reviews will be immediately communicated to the County so we may begin collaborating on solutions. FAMILIARITY WITH WELD COUNTY PROCEDURES AND CDOT STANDARDS We will utilize our knowledge of Weld County and CDOT processes, procedures and standards to develop designs and manage the project. Key elements of how we execute the work include meeting the schedule milestones of pre -final (30% and 60%), constructability, final (95%), and PS&E (100%) reviews. We will utilize the AASHTO Design Manuals, CDOT Standards and Guidelines, Standard Specifications and Standard Procedures to guide the project development and delivery. COST ERT N Weld County has worked hard to secure the needed funding to design and construct this project. It is critical that the project team work within the budget to accomplish all delivery goals. Horrocks has studied the project components and the funding stream and have assessed that the biggest risk element with costs is the target timeframe for construction. We believe the target construction year is based on the HORROCKS. 1Iur r�.r.:ya ' 2 E N GIN ERRS COHELD U CR 66 ENGINEERING CR 41 1 NTERSECT ON PROJECT year of funding availability, and as indicated in the RFP, 2023 is the QM. John will be responsible for the QMP implementation, will ensure year when all the needed funding is set to be in place. With four years that the QMP is used and that quality reviews are undertaken by staff until construction, there is a likelihood of cost escalation which would with the right technical capabilities for each specific technical review. result in a possible shortage of available funds. Regardless of the level of cost escalation, there is little doubt of the uncertainty in predicting costs that far in advance. We see an opportunity to advance the target construction year into 2022 by proceeding with ROW acquisition one year earlier. Our schedule shows delivering on schedule as outlined in the RFP, but as we reviewed the funding stream it appears that there could be adequate funding for ROW acquisition and possibly utility relocation in 2021. Advancement of ROW acquisition and utility relocation could provide a higher degree of cost certainty. We will work with Weld County to fully vet this opportunity to maximize the funding stream value. SCHEDULE ADHERENCE/IMPROVEMENT We plan to start fast to get ahead of schedule. Even with the fast start, we will continually look for ways to stay ahead of schedule and to advance activities with minimal risk. Johnny has a stellar track record of achieving schedule improvement, including the critical flood recovery program that was delivered over one year earlier than thought was possible, and he will leverage this experience to accomplish all schedule objectives. QUALITY MANAGEMENT Horrocks will develop and utilize a project specific Quality Management Plan (QMP) that will be used as the guiding document for installing appropriate and necessary quality processes to the development of the project designs and plans. The QMP will utilize the established company -wide Quality Management System (QMS), which incorporates our accepted approach to quality and leverages Horrocks best practices. One of our established best practices is to assign an independent Quality Manager (QM) to each project. For this intersection improvement project, John Holzwarth will serve as our Qt HORROCKS 1141 I 13 ENGINEERS 1 Another best practice is to communicate the QMP to the team during the kickoff/chartering meeting and to establish a training regimen to guide the team in how to use the quality system. The best plans are not only good on paper but are implemented with intention. Our team will be well versed on the quality review requirements and the importance of using the various elements of the quality system, including; • Interdisciplinary Design Review (IDR) • Quality Control (QC) review by each discipline lead • Independent Design Checks for major structures • Quality Assurance (QA) by the Quality Control Manager CULTURE There are many consulting engineering firms that deliver bridge designs. The key differentiation in delivery is the experience that an owner has in interacting with the firm. The all important aspects of responsiveness, client care, working in partnership and true attention to quality are foundational to how Horrocks conducts business. We bring the care and attention of a smaller firm with the capacity of resources to deliver all aspects of projects. Our culture resonates with the principles that make up the Horrocks IQUES: Integrity, Quality, Unity, Empowerment, and Service. We will do what we say we will do and will work to earn your trust every day. AT MOOOCti tk.uatttl. IIVC CORE VEIVO &It St TOt .1tA V • or SN.t,TNINt Wt no- • Uk rc 0 er. i Uuunt` WELD COUNTY CR 66 a Cn 41 INTERSECTION PROJECT Data Dalt: 19-Ma�Q - t- 110) 'IROa/Cfali A'INiP�A �N.AYA Er°`�"" 1iVOf5—! 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'h'�pmi AW YwRNf Mrl .• Y.ATM NIYAJ - Oa4Naf, • AWS M' IWYnYTH^IWT .- CYwf .'.S.ID -4ik,r 11 //VJI pl AW: menbn^r0 a11NeA .'Ma AI tT,+lo-.abL+y..M iH i YaL�'l+w.ta AIAW fL 6YeQN. MS ) ]fym J _M:IMw .. T.*.*-�Yl - AIM iWY4NMtAlmP.W .I IASS InaT. W. AIIH M{NeOvlYf • 1St a 1MY M__ IAAAn 2I1 9 ♦x,,w •:i1sA 0 ?1 LA.'' lllA'Z MFmm4AU'.Onvs mm MI VIrAutwauVf¢elvl.v. ,NwPN.tJl�lgl IIA ..1M1 /S y . , rvINylAlAv,l ..wn M »..4f1 e�] TVNIIi NM L}'. N:c ] Alnit n* . A1® ZiRwLAI.[M1A- �N'Y«ll aFey yyroyyly.y All w-Na.� aA« AN,•*M Complete ROW Acquisition by and of 2021 uw FYNAI- NQ14LLl ! iL.r:l wMV; _:=��" — r;a-°tANY:lies SrG.eTNIMu.�IDNwIs1N'..fN..il fMF`4a.YIR4aN3aZ:NCIHA f ••.• _ •. ii AI® 11[I -'m--. -11 h/.r.it' 'eP.( 4� Iny/Way/y)a51'.gpAM.fMlA.b 11Y ImfYef6. AIIV t_, ml W4l =AA/v __ _ 1 - -- . .. li1CfT nr® rAn-lyywdANrcl+-n;f :° PMa ear A'89 M�Y4N 1 4 -as" ,Y9 MNfma, . A t$I yl J/f J4!1 OI ON '-" a. ,h4 '�'° eIMAQi Complete Utility aTNYIIO"y Relocation by June 2022 pen Art Al1A AIM 1ZWMnq 1OWtfr IU :/y]] tuYY• t �. RHnai Fi Laeltl Ff t meEi kJlalwox � CfIRW/fup�St41. r1 sa,:aay Pagelarl j.ea�H P6ual Laok(ECwl 0 Rertaagw°h ♦ ♦Mlrarw P WBSaan HORROCKS NC I 1`A E R a I a a F ltt fl C UN FNGINN ERINC SEPVICESWV CR 66 & CR 41 INTFRCGeTInN DOn icrT HIGH—PERFORMANCE ORGANIZATION The Horrocks team has been developed and organized to provide value in all facets of delivery, from personal client care through exceptional technical performance. Our organization is streamlined to provide efficient delivery and comprehensive coverage of all needed technical areas. Our team leadership is truly differentiating with the diverse talents brought forward by Johnny Olson and Brolin Bundy. Johnny will serve as our Project Manager with the primary responsibility of providing exceptional care and attention to Weld County. Brolin will be our Design Manager and lead our technical team. This combination of talented leaders offers Weld County the best of both worlds; Cost- effective and high -quality delivery while having access to a local leader with deep roots in the community. PROJECT MANAGER JOHNNY OLSON, PE Years of Experience: 29 years Education: B.S. Civil Engineering, University of Evansville - Indiana License: COPE 33932 After 28 years with the Colorado Department of Transportation (CDOT), Johnny brings Weld County a wealth of experience in transportation work, including project development, project management, highway and intersection design, local agency work, construction management, contract management, and maintenance. Roadway Lead Brolin Bundy, PE' - Traffic Lead AIR Bone' Str i�ctures Lead Peggy Knott, PE' Uti itio-sLSuE Lead Rod Broclous, PE' H&HJirrigation Lead Harry' Strasser, PE, CFM2 Deotechnical Load Samantha Sherwood, PEI Pavement Design Lead During his career Johnny has Robert LaForce, PE3 worked • with Weld County on several projects in Northern Colorado and has a very good understanding of how the County works. The County will benefit from his past working relationships and the skills he honed at CDDT, including project leadership and coordination with utility companies, land owners, and other engineering disciplines. Johnny was recognized as one of CDOT's top leaders based on his ability HORROCKS! z:= rill 15 E N G EN E E R S to negotiate with internal and external customers on complex and sensitive issues to create synergistic solutions. His ability to tie design, construction, and maintenance aspects into the project development process brings unique and tangible value. He has taken approximately $800 million of projects from conception to construction completion. ROADWAY AND TRAFFIC ENGINEERING Rural and Urban Road Design Horrocks has assisted agencies throughout the country in developing lasting rural and urban road designs that improve surface conditions, increase capacity, and address safety concerns. Our transportation engineers have decades of experience analyzing roadway conditions to determine necessary improvements ranging from rehabilitation techniques to full reconstruction. Horrocks has provided design services on rural and urban roadway projects for numerous city, county, state, and tribal entities and has a comprehensive Team understanding of various 1. Horrocks 2. DEA 3. Yoh 4. Western States Survey/ROW Lead Jim Daley, PLS2 ROW Design Lead Jim Daley, PLS2 land Aeguisitioa John Doty (Lead)" Mitchell Hauff (Support)4 Environmental Tiglas Environmental ConstructionJuppj Johnny Olson, PE' funding source requirements. We offer cost-effective design and construction solutions to improve the most roadway miles as possible for our clients, making the best use of their available, often -limited funding. Our project experience ranges from smaller curb, gutter, and sidewalk improvements to complete multi -lane, urban arterial roadway reconstructions. We provide traffic studies that analyze current roadway conditions and forecast traffic volumes, identify necessary improvements, and prepare design and construction packages that incorporate urban drainage, traffic signals, intelligent transportation systems (ITS), and lighting. Intersection Design We have successfully completed several recent rural and urban intersection design, modifications, and improvements. The Horrocks team has extensive experience with traffic analysis and developing preliminary intersection layouts for initial discussion and decision making and then refining and optimizing intersection layouts by incorporating micro -simulation animation depicting operations of final configurations. WENGINEERIG SERVICES FOR ED COUNTY CR 66 & CR 41 1 INTERSECTION PROJECT STRUCTURES • CDOT and RR Liaison. Johnny will leverage his extensive Reliable structures at highway, rail, and water crossings perform a experience working with CDOT and the local RR operators crucial role: connecting people and promoting economic growth to provide proactive communications with each to enable through access to goods and services. Our transportation structure improved understanding and support. expertise ranges from the design of retaining walls, culverts, and • GIS Mapping Applications. Horrocks' GIS Department single -span replacement projects to multi -span bridgesforhighways, has developed several state-of-the-art software as a railroads, and pedestrian crossings. Horrocks has designed many service (SAAS) products for organizing or understanding culverts, from small 24 -inch to large multiple barrel box culverts. We information spatially. Our team can support Weld County's have designed large culverts to allow both water and wildlife passage, existing GIS efforts or share our proprietary programs to culverts for rivers with adjacent pedestrian paths, and culverts for off- help with project development. These SAAS products site cross drainage, include help with blue stakes, tracking public comments UTILITY SERVICES and ROW status, and more. Utility Coordination and Design • Public Outreach. Horrocks has skilled facilitators and in- Horrocks has been providing utility -related services to clients depth experience conducting project briefings with impacted including DOTs, municipalities, and federal agencies for over 50 stakeholders, recording their concerns, and reporting those years and has provided dedicated utility coordination since 2009. concerns back to our client and project team. Our approach Working with utility companies to ensure they can provide services to coordinating with stakeholders first considers the format with minimal disruption and to move clients' projects forward and location of each stakeholder interaction, e.g., city/county without delays and additional cost is our objective. As a result of this council presentations, one-on-one meetings, neighborhood experience, our focus is to help each project team identify and resolve meetings, business luncheons, etc. No matter the setting, issues as early as possible, eliminate unnecessary relocations, we take notes at each meeting to understand stakeholder minimize costs, and facilitate timely relocations, concerns and relay those concerns to our client and the SUE/ Utilities Mapping Horrocks brings the full suite of SUE services to support Weld County. These services include utility research, coordination, design, and the full spectrum of Quality Levels (QLs) D — A, including the following specific aspects: • Base mapping and records research • Field investigations • Utility ownership • Physical utility attributes • Surveying and mapping • Test -holes for existing utilities • Researching planned utilities • Data management/GIS interface Horrocks has performed SUE throughout the West and has earned a reputation for providing accurate and timely results, including detailed utility inventories, professional utility conflict assessments, recommended relocations, relocation designs, and cost analysis. We are very familiar with the importance of aligning the utility data into the design drawings in the correct location and with correct line types and layers. Our team has a well -trained, experienced staff that is capable of performing all aspects of utility services including SUE and utility coordination consistent with ASCE-38-02. HORROCKS' VALUE-ADDED SERVICES We believe in and practice partnering principles, which include trusting in one another, establishing open communication, setting common goals, resolving issues quickly and at the lowest level, and seeking input in an effort to find better solutions. Horrocks also provides the following value-added services and technologies: HORROCKS 16 INI ENGINEERS project team. This custom, web -based system has a front- end where project comments can be placed spatially on a GIS map. The map displays layers of project design, ROW, utility, and other impacts at any area of interest. The tool also provides back -end functionality where we track stakeholder contact information, interactions, and follow-up activities. CAPABILITIES OF SUB -CONSULTANTS David Evans and Associates - Survey, Hydraulics/Hydrology and Irrigation (CLOMR/ OAVM 6VAN! LOMB), Right -of -Way (ROW) Design David Evans and Associates, Inc. (DEA) is a multi -disciplinary, employee -owned firm that combines the talents of engineers, planners, surveyors, scientists, and landscape architects to provide full -service infrastructure planning and engineering services. Their Denver office includes over 60 highly committed professionals who specialize in the delivery of transportation projects for agencies across the Colorado Front Range. DEA's extensive transportation engineering capabilities include environmental planning, urban design, roadway/street design, structural engineering, traffic engineering and transportation planning, drainage analysis and design, land surveying and ROW definition, drainage and hydraulic/ hydrology design, and construction management. VAY` °°� ..na Yeh and Associates — Geotechnical and Pavement Yeh and Associates, Inc. (Yeh) is a full -service geotechnical engineering and construction management firm based in Denver and established in 1999. Yeh 's principal design services include pavement design, subgrade stabilization, geostructural retaining walls design WELD COUNTY CR 6I6I& CR 41 INTERSECTION PROJECT and foundation design. Their construction services include materials testing, construction observation, and construction site management support. Currently the firm employs 150 professionals with in-depth experience in the geological, geotechnical engineering, material testing, construction management and environmental fields, Yeh is a certified Disadvantaged Business Enterprise (DBE) for construction services, with six offices in Colorado (Denver, Colorado Springs, Durango, Glenwood Springs, Grand Junction, and Greeley) and two in California (San Luis Obispo and Ventura). Western States Land Services - Land w.. ,r Acquisition Western States Land Services, LLC. (Western States) is a full -service acquisition consulting business, located in Loveland, Colorado. Created in 1981, Western States has provided ROW acquisition, permitting, and relocation services to Weld County, CDOT, local public agencies, utility companies, and other entities throughout Colorado and several surrounding states for the past 38 years. Western States is very familiar with the Weld County Public Works staff and acquisition procedures and has successfully acquired ROW for many important transportation projects with Weld County over the years. Western States just recently completed three separate bridge improvement projects and prior to that they spent several years working on the Weld County Road 49 Corridor Project. Tiglas Ecological Services (TES) TES is a multi -faceted environmental consulting firm specializing in ecological studies. TES conducts all types of wetland work, including delineations, permitting, mitigation, monitoring, and creation. TES also conducts biological surveys and habitat evaluations for Federal, state, and agency sensitive flora and fauna species, including the Preble's meadow jumping mouse, burrowing owl, birds -of -prey, and Ute ladies' -tresses orchid. Other specialties include NEPA and alternatives analysis, reclamation/rehabilitation, and general vegetation community and wildlife habitat characterization. TES supports many client industries including municipal, county, private and public development, mining, military, utilities and power, and infrastructure construction across the United States. TES has prepared the environmental documents to support the replacement of or new construction of many bridges in Weld County. HORROCKS AND DEA COLLABORATION Lemhi River Bridge, Lemhi Co., 10(2015-2016) Horrocks was a subconsultant to DEA and provided survey and ROW and incorporated a structure and hydraulic design prepared by others to complete the project from preliminary design through final PS&E design. Scope included traffic control, drainage design, approach design, specification development, and cost estimating, Reference: Jeanne Bailey, Former Staff Engineer ITD District 6, 208- 557-3485 HORROCKS a,fl 17 E N G I N E E R S HORROCKS Maple Grove Rd, Victory Rd to Overland, Boise, ID (2019-2021, est, construction completion) Horrocks performed the environmental, transportation planning, and design services for this Ada County Highway District project to improve roadway capacity and safety on Maple Grove Road from Victory Road to Overland Road. This project included significant improvements to the existing drainage and irrigation systems to include replacing the two existing Farmer's Lateral canal crossings with new box culverts and the existing Five Mile Creek crossing with a new stiff leg structure. Plans were prepared for roadway, ROW, structures, drainage and irrigation, utilities, signals, lighting, construction traffic control, signing and pavement markings, and stormwater pollution prevention. Reference: Ryan Cutler, Project Manager, Ada County Highway District, 208-387-6183, rcutler@achdidaho.org _ Half CFI Int. Eagle Rd & a$:: SH-44, Eagle, ID (2019- ° ' ��' ' 2021 est. construction e completion) The intersection was originally configured as a four -leg signalized intersection. The purpose of this reconstruction project is to alleviate congestion, improve traffic operations, and increase safety factors for all users of the intersection considering traffic trends expected 20 years post -construction. The project converted the traditional signalized intersection into a two -leg Continuous Flow Intersection (CFI). The two SH-44 legs will have the displaced left -turns, This project included pavement widening and resurfacing, installation of raised medians, signing/ striping improvements, and localized drainage improvements. Upon completion: the proposed intersection design will improve intersection safety for motorists, ease current and future congestion at the intersection, and serve a high volume of left -turning vehicles. Re eren e: Jayme Coonce, ITD District 3 Resident Engineer, 208- 334-8352, jayme.coonce@itd.idaho.gov Din fl 0rflUMTV ENGINEERING SERVICES FOR DESIGN VVLLIJ bnjn I;9 CR 66 & CR 41 INTERSECTION PROJECT Many of Horrocks' team members are currently working together on projects in Colorado. • Brolin, Rod, Alli, and John are working on various projects for Douglas County, including County Line Road and Inverness Parkway reconstruction, Lincoln Ave and Havana/Meridian reconstruction, and the Yosemite Ave Pedestrian bridge. • During his tenure with CD0T, Johnny Olson gained extensive experience working with many Colorado consulting firms, including all of the sub -consultant firms that Horrocks has assembled for the Weld County Intersection improvement project. YEH & ASSOCIATES SH 52 and Weld CR 13 (Colorado Blvd) (2017-2018) Geotechnical investigation and pavement design for construction of double turn lanes in all four branches of the intersection on SH 52 between the Town of Fredrick and Town of Dacono. The intersection was enlarged to address increasing traffic both from residential development and industrial traffic from oil field expansion. The geotechnical investigation addressed widening of all four branches of the intersection as well as overlay of much of the existing pavement using hot mix asphalt. Reference: Sub to Muller Engineering: Geoff Mestas, PE, Project Manager, 303-988-4939, gmestas@mullereng.com US 34 Bypass (2014) Geotechnical investigation and Concrete Pavement design for repair of US 34 Bypass —This investigation addressed the foundations for a new overflow bridge as well as design of replacement of the concrete pavement destroyed by the 2013 flooding. Reference: Sub to CH2M Hill (Jacobs): Tim Eversoll, PE, Sr. Project Manager, 720-286-5137, tim.eversoll@jacobs.com WESTERN STATES JND SERVICES Weld County — WCR 49 Corridor Improvements — Project SRP-26 (2014-2017) Western States was hired by Weld County to assist with the property acquisitions far this multi -phase corridor improvement project. This extensive project involved fee acquisitions for the new road, temporary construction easements, as well as coordination and acquisition of new permanent easements for DCP midstream from Hwy 34 to 1-76. HORROCKS 18 E N GIN E E It S I Deference: I iffane Johnson, Right of Way Manager, 970-304-6496, Ext. 3766, tvjohnson@weldgov.com Weld County — WCR 25/25A Bridge Replacement —Federal Aid Project No: BR0 C030-053 (2017) WSLS assisted Weld County in acquiring two fee acquisitions and two temporary easements for the improvement of WCR 26 bridge. Reference: Tiffane Johnson, Right of Way Manager, 970-304-6496 Ext. 3766, tvjohnson@weldgov.com Weld County- WCR 74/SH 392 Intersection — Federal Aid Project No: STM C030-057 (2015-2016) WSLS acquired ROW from seven different landowners and assisted with one residential relocation. The residence was vacant when we began relocation so it turned into a personal property move and protective rent relocation. Reference: Tiffane Johnson Right of Way Manager, 970-304-6496 Ext. 3766, tvjohnson@weldgov.com Project references are included in the experience section above. Past performance quotes attesting to the quality of work provided by our team are featured below. HORROCKS "One of Johnny's [Olson] greatest strengths is his ability to fully understand the big picture and then break it down into manageable, bite size, chunks. Whether it is a roadway design, constructability or schedule issue, Johnny has a unique ability to drive cost effective solutions that meet the needs of the greater vision." — James R. Usher, PE, COOT Region 4 North Program Engineer, 970-350-2176 Co), 970-302-0115 (m), james.usher@state.co.us "The US 6 & 19th Street interchange project has gone very smoothly... [Yeh has] been very responsive to the contractor, and the city with RFI's and submittal responses... The project will finish [on] schedule, within budget and will be a great addition to the Golden community for many years. Yeh has played an important role in achieving this outcome." —Dan Hartman, Dir. of Public Works, City of Golden, 303-384-8097 WESTERN STATES "John Doty...has been representing the Town of Breckenridge to acquire real property interests required for this project. It has been my honor and privilege to witness John's diligence, thoroughness, responsiveness, professionalism, and "can -do" attitude... members of the right-of-way profession are held to very high standards of honesty, ethics, and integrity. John has upheld those standards extremely well...) have great faith in John and his ability to complete all required acquisitions in a timely and professional manner." — Tim Woodmansee, COOT Region 3, Property Appraisal & Local Agency Manager, 970-683-6224 (o), tim.woodmansee@state.co.us WELD COUNTY CR 98 & CR 41 INTERSECTION PROJECT HORROCKS I 1 IIpaYTRRlNwIFImlI1,Y_11Ypa a 1.w®su "i E i , 3 I a - Tnfii �' Y5amr ... ... _— wryvaM per— Ir y 1, __ _ m ti ___ f1� {Mn 1 x WYSbT a-, ' 1 y .. 15 YMcr I nt(rmaa s+Y 1Ri OY • tl]N�V&ice __ $1 ! _ I] i N _ l Iv9W{Y b Ix 9 Y II, Y N X24 tab 9lti{mYP,.Y _ M 4v InW{✓NgI W/.a1e[TY __I ! 5 TW Yy y-Uae15! __ q MwCrMSW{svfaanN Yd c LMYelIa W A. a 1`Ws.Wvo.Yr4YY+WJ9g12Eg,[CMIOM W/ye rIKMN5Yf•J.Yeda _ _ 'Yit miwti b M e { D TI S Y Y b I - tp b 1µM _ 1 n pWr{Whbe _ _ g CI_YY f„NY0a41 L_— 1 IIpYC»p:p NYiC`ayi a 2 A 4 1 - D b - Ib b MYmPo61 IQ —..— 4YM M Ym 4MPINIWn Iee w - { Ip _—. ' IR Y2 ! - rarLMa1@m fci1 O?I I1PU IM4kf . ; pwa__ , IC .... } l 1 2 I { _ { 2 1 Iq} 2 11 _ s - bSl4 RNCvnlae 1 Ip 1 NOpn"J 1 % 1 15 e li______ya f 3 13 !°'-L q iY RWILuwlnv 1 d A W 11 hIdI M[ I WYen'. a I' n'bi Y -. U{YbIrL¢, C.vaYlm „} _ E $ Pnv6 Sm ' 2imtl•MUmM S _9 1 - --... g l M ..faln.clNm _ NM PeF2a W+ .1 L M � _ Y G NW 4 t044:WVU _ L !:F 1 - ___ r.r e a Igm I •s.Irpx�uYYixmgamml R34,.2YL4v,mnPYp2.NyPMrmAMueP - 1 1 IHL A __ MIMYMY 2M m TYft YI xl :y N Im 111 yY 1 II • 2 rytMY { YLYp WYY{Ille, 1 42OM pop f 1NAY 2 YNY 2 11gM �N Y NiY! 1 a }N1 M1DtrIe,YWYYrt"1 �IwoW:fiavalfAY1Ya 4 `.YV 1p1YUYYnf. - I n{IYI z ___ COUNTY CR 66 & CR 41 INTERSECTION PROJECT :nTh r RTiil '. M1T R.\ Lw 1 •� S\ m r i•1 - ,• •. , .. i a' . • .9 �r HORROCKS ENGINEERS SAMPLE SUE SHEET DEA SAMPLE ROW SHEET HORROCKS pn J11ry eau ( LU --• ;I. n: _ f •+ uu a \w • .- 4 • I. JOHNNY OLSON SAMPLE PLAN/PROFILE SHEET (WHILE WITH CDOT) . p g ZI Y% __ �I I :sue- -_ \. HORROCKS ENGINEERS SAMPLE PLAN SHEET WELD COUNTY CR 66 & CR 41 INTERSECTION PROJECT — . -V. I. v, — ` _ r1 • �Y•Tai ��1� te. —. .. .'. -- F4 __ I WUNTY u �.�� rnr-Ewi HORROCKS ENGINEERS SAMPLE SUE SHEET DEA SAMPLE ROW SHEET HORROCKS I 20 E 14 O I N E Ii R S • I _ ......................• -_. . .•. _... \u.iS -1 4 /O _ ft L. ~te•a-!x'-` a r •. JOHNNY OLSON SAMPLE PLAN/PROFILE SHEET (WHILE WITH COOT) F S Wl a pmJn-- �a { I YNY'4 S - gp s i1 _ �•• �_ O • n f�i / rare a"w.rimm IIt.F HORROCKS ENGINEERS SAMPLE PLAN SHEET Entity Inforrtlation. €ntiity Namet Entity ID HORRCCKS ENGINEERS @00041460 Contract Marne x CR 66 & CR 41 INTERSECTION DESIGN PROJECT Contract Status CTB REVIEW Q New Entity? Contract ID 3452 i Y x Y Contract Lead Email C₹ irrrrni@co eid.c0,uus Contract :De.salptiort* CONTRACT FOR THE DESIGN OF THE CR 66 AND CR. 41 INTERSECTION. Parent Contract ID Department Project #f CSR, A. Contract Description 2 THIS PROJECT IS IN THE COUNTY'S 5 -YEAR CF. EXHIBITS A & B ARE ATTACHED TO THE CONTRACT. Amcuntt Department Email $709,018.00 CM- Pu:bRcWorks@we4dovtom Renewable NO Grant YES ICA YES Department Head Email CM -Public orks- Dep_tHead eidgov.corn County Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD_CO. JS Grant Deadline Date 0713112021 ICA Deadline Date x'713132;021 If this is a renewal enter previous Contract tD If this is part of a MSAenter MSA Contract ID Will a work session with SOCC be required?t NO Sid/REP #t B2000034 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnSase- a Y 4 Review Da.e 0310512020 Termination Notice Period 7'A i i Expiration Date" 0413012023 Ca1 tact Info Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Pur+c asing, Purchasing Approver CONSENT r'. �... II4 4j i..:f �e..• 8OCC Signet! Date iC Agenda Date 63109122020. Originator C IMM Submit Finance Approver CONSENT Purchasing Approved Date 0310'512020 Tyler Ref # AG 030920 Legal Counsel CONSENT Legal Counsel Approved.Date 0310512020 MEMORANDUM Date: February 21, 2020 To: Rob Turf, Purchasing From: Clay Kimmi, Project Manager, Public Works RE: B2000034, CR 66 and CR 41 Intersection Design Public Works has conducted a Best Value selection process to select a consultant to perform the design for the CR 66 and CR 41 intersection. A team comprised of Don Dunker, Rob Turf, Elizabeth Relford, Hayley Balzano, and Clay Kimmi reviewed and scored the three (3) consultants that were shortlisted after a review of the Request for Proposals. See attached ranking summary. A final fee amount of $789,818.00 has been submitted by Horrocks Engineers, along with their final scope proposal. The project includes the cost for preliminary and final design of the roadway, FEMA required Letter of Map Revision, right of way coordination, and utility relocation coordination. The engineer's estimate for the bridge design was approximately $860,000. The proposed cost of $789,818.00 is within the estimated budget. It is our recommendation to award the design contract for the CR 66 and CR 41 Intersection Project to Horrocks Engineers for a not to exceed amount of $789,818.00. Weld County Public Works Department believes the design contract amount is reasonable. CR 66 & CR 41 Intersection Project Request for Proposal Ranking Summary Date:02/18/2020 N Committee Members RFP Summary Total Scoring Z Clay `- Elizabeth Don Hayley Rob J `-' Horrocks Engineers -.. 1 1 1 1 2 6 Z O FHU 2 2 2 2 3 11 U Drexel Barrell; :,,� 3 3 3 3 1 13 Ranking . 1 Low score is best (Best Value WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley CO 80631 E-mail: cmpeters(a)-weldgov.com E-mail: reverettweldgov.com E-mail: rturfc weldgov.com Phone: (970) 400-4223, 4222 or 4216 QUALIFICATIONS DUE: JANUARY 9, 2020 REQUEST FOR: RFQ - ENGINEERING SERVICES FOR DESIGN OF CR 66 & CR 41 INTERSECTION DEPARTMENT: PUBLIC WORKS BID NO: B2000034 PRESENT DATE: JANUARY 13, 2020 APPROVAL DATE: TBD VENDORS DREXEL, BARRELL & CO. 1800 38TH ST BOULDER, CO 80301 FELSBURG HOLT & ULLEVIG 6300 S SYRACUSE WAY, STE 600 CENTENNIAL, CO 80111 HORROCKS ENGINEERS 5670 GREENWOOD PLAZA BLVD, STE 416W GREENWOOD VILLAGE, CO 80111 TAIT & ASSOCIATES, INC. 6163 E COUNTY RD 16 LOVELAND, CO 80537 THE DEPARTMENT OF PUBLIC WORKS IS REVIEWING THE RFQ'S. 2020-0136 of/i3 F,Gool?' 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