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Home My WebLink About20202161.tiffC,c7r71L,4- rP /1O Pi 5 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & ARRB GROUP, INC 2020 PAVEMENT DATA COLLECTION SERVICE THIS AGREEMENT is made and entered into this 24 day of August, 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 ARRB Group, Inc, a corporation, who whose principal office address is 770 Pennsylvania Drive, Suite 112, Exton, PA 19341, 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 (RFB) as set forth in "Proposal Package No. B2000139". The RFB contains all of 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 Exhibits A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements whi h " Count for periods'longer than one year. Therefore, Coe) 5P.rb T 4 ) within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay monthly progress payments based on the percent completed and an amount no greater than $104,621.00, which is the bid set forth in Exhibit A. 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 bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 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 with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of 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. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. 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 keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation 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 coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 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 maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non - owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, 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 coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Attn.: Eric Botting, Business Development Manager Address: 770 Pennsylvania Drive Suite 112, Exton, Pennsylvania 19341 E-mail: eric.botting @arrbroup.net Phone: 1.484.402.0460 County: Name: Joshua J. Holbrook Position: Pavement Management Supervisor Address: 1111 H Street, Greeley, CO 80632 E-mail: jholbrook@weldgov.com Phone: 1.970.400.3 744 18. Compliance with Law. Contract Professional shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre- employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8- 17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 31. Official Engineering Publications: Contract Professional acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", the Colorado Department of Transportation Standard Plans "M & S Standards" and ASTM D6433 Standard Practice for Roads and Parking Lots Pavement Conditions Index Survey establish the requirements for all work performed by Contract Professional under this Agreement, and that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Compensation. 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 of 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 17th day of August , 2020. CONTRACT PROFESSIONAL: ARRB Group Inc. By:No4144ca•fdae- Name: Nathan Kebede Title: Chief Operating Officer Date August 17, 2020 WELD CO ATTEST: Weld C BY: Clerk t• jeBoard Deputy Clerk �� the B�ar�� rjt��rike Freeman, Chair BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUG 2 4 2020 Exhibit A WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE 2020 Pavement Data Collection Service :st s<< li z..t.a .. _ •••ww .�1.....! 4-•.•_..r June 2020 for Weld County Public Works Pavement Management 1 1 11 H Street P.O. Box 758 Greeley, Colorado 80632 970-304-6496 The following provisions take precedence over Specifications or Plans and supplement the 2019 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control this project PAGE INDEX Notice to Bidders Invitation for Bids Instructions to Bid Insurance Requirements - Specifications and/or scope of work and proposed pricing Bid Schedule Bid Submittal Checklist IRS Form W-9 Anti -Collusion Affidavit 3 3-4 4-8 8-10 11-17 18 & 19 20 21 22 if BID REQUEST #B2000139 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 DATE: June 26, 2020 BID NUMBER: B2000139 DESCRIPTION: 2020 Pavement Data Collection Service DEPARTMENT: Pavement Management (Public Works) MANDATORY PRE -BID CONFERENCE DATE: July 7, 2020 BID OPENING DATE: July 16, 2020 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: 2020 Pavement Data Collection Service A mandatory pre -bid conference will be held at 10:00AM, on July 7, 2020 via a Skype Conference Call. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Please note that due to the Coronavirus (COVID-19) pandemic, some of us are teleworking. With that said; the mandatory pre -bid conference and bid opening will be held via Skype Conference Calls. Pre — Bid: July 7, 2020 @ 10:00 AM — VIA A SKYPE CONFERENCE CALL To join call: PHONE NUMBER: 1 (720) 439-5261 CONFERENCE ID: 63062637 Bids will be received for the above service until: (July 16, 2020 at 10:00 AM (Weld County Purchasing Time Clock). BID OPENING: July 16, 2020 @ 10:00 AM — VIA A SKYPE CONFERENCE CALL To join call: PHONE NUMBER: 1 (720) 439-5261 CONFERENCE ID: 29717278 PAGES 3-10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3-10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 1 method: BID REQUEST #B2000139 Page 3 Please note that due to the Coronavirus (COVID-19) pandemic, some of us are teleworking. The following changes have been made to our bid process until future notice: 1. Email. Due to the Coronavirus (COVID-19), electronic copies of bids are required. Bids may be emailed to bids(a�weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com/. The maximum file size to upload to BidNet is 500 MB. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400- 4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. BID REQUEST #B2000139 Page 4 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder 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). Successful bidder 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 Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to u ndertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder 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 o r contracting with the illegal alien within three (3) days of receiving notice. Successful bidder 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. Successful bidder 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 Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work u nder the contract, affirm that Successful bidder 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. Successful bidder 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 Successful bidder 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, Successful bidder 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 Successful bidder receives federal or state funds under the contract, Successful bidder 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 Successful bidder 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 o ne 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. 5. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL" However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq. the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological. or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose BID REQUEST #B2000139 Page 5 those portions staff determines are not protected from disclosure Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential C Governmental Immunity No term or condition of the 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 D Independent Contractor The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County E Compliance with Law The successful bidder 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 F Choice of Law Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void G No Third -Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only H Attorney's Fees/Legal Costs In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder I Disadvantaged Business Enterprises Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex,, age, or disability in consideration for an award J Procurement and Performance The successful bidder 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 The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement K Term The term of this Agreement begins upon the date of the execution of this Agreement by County, BID REQUEST #62000139 Page 6 and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. 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. M. 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 the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful b dder. The successful bidder 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. The successful bidder 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 the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder 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. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder 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 the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. 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 BID REQUEST #B2000139 Page 7 cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions R Non -Exclusive Agreement This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature S Employee Financial Interest/Conflict of Interest — CRS §§24-18-201 et seq and §24-50-507 The signatories to this Agreement agree 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 the successful bidder's services and the successful bidder shall not employ any person having such known interests During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder T 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 U Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra- judicial body or person Any provision to the contrary in the contract or incorporated herein by reference shall be null and void ✓ 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 W Compensation Amount Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid The successful bidder 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 County's delegated employee, or by formal resolution of the Board of County Commissioners of Weld County X Taxes County Board of County Commissioners, as required pursuant to the Weld County Code County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County 6 INSURANCE REQUIREMENTS Insurance and Indemnification Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A M Best Company as "A" VIII or better Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director 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 BID REQUEST #B2000139 Page 8 Contract Professional Contract Professional shall be responsible forthe 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 sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contract Professional shall maintain, at its own expense, any additional; kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement Any modification to these requirements must be made in writing by Weld County The Contract Professional stipulates that it has met the insurance requirements identified herein The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies 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 ofneglect 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 maintain at all times during the term of any Agreement, insurance i j the following kinds and amounts Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment Policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract $1,000,000 each occurrence, $1,000,000 general aggregate, $1,000,000 Personal Advertising injury Automobile Liability Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, BID REQUEST #B2000139 Page 9 $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract, and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed Minimum Limits Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal Proof of Insurance County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion Additional Insureds For general liability, 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 The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement Those documents are specifically incorporated herein by this reference BID REQUEST #B2000139 Page 10 SPECIFICATIONS AND/OR SCOPE OF WORK: BACKGROUND AND OBJECTIVE/OVERVIEW a. Objective Weld County Pavement Management Division is issuing a Request for Bid(RFB) from qualified firms and/or teams interested in providing professional services to Weld County for pavement condition data collection. Weld County maintains approximately 743 centerline miles (1,323 segments) of roads in our Cartegraph Pavement Management Software. Weld County would like to conduct two passes on arterials and collector roads, resulting in an estimated 803 survey miles. To accurately and effectively manage these assets and be able to proactively schedule maintenance activities, surface distress data must be collected on these segments. The pavement surface distress data collection shall identity the type of distresses presert on each pavement segment and determine their severity and quantity. The Service Provider shall analyze collected data that will produce an overall Pavement Condition Index (PCI) and International Roughness Index (IRI). The Service Provider shall perform such duties and services as listed in the Scope of Work. While it is believed that is scope includes all elements essential to update the program, those submitting Bidsmay also note any additional items they believe to be of value to the County. The cost of those items must be separately noted in theBid. II. SCOPE OF WORK a. Scope of Work The following task shall be included in the scope of work. In an effort to maintan an adequate transportation infrastructure Weld County typically performs a pavement condition data collection on all County roads every year. It is the intent of Weld County to enter into a one-year agreement. Methods of distress survey include automated distress surveys, semi -automated distress surveys, and various hybrid combinations of these (herein are collectively referred to as "automated surveys") shall be considered. The Service Provider shall perform automated surveys of selected roads within Weld County which shall be in accordance with the distress definitions and descriptions included in the most current ASTM D6433 Standard Practice for Roads and Parking Lots Pavement Conditions Index Surveys. Service Provider shall include services for acquisition of objective surface condition data system wide and work with Weld County in conjunction with Cartegraph to provide the data in the appropriate format. Prior to the commencement of field activities, Service Provider will meet with County Personnel. The purpose of this meeting will be to review the distress rating procedure and the QA/QC process. The data collection crew will stay in contact with County Project Manager throughout the project with weekly email status reports. The total centerline mileage to survey is 743 miles (803 survey miles) and distress collection. analysis and product delivery shall be at 100% density within surveyed miles. BID REQUEST #B2000139 Page 11 Data Collection Requirements The Service Provider shall provide the necessary trained and experienced technical personnel working under close review and direction from an experienced professional engineer and all necessary equipment and materials to obtain pavement condition data for Weld County o Both 2D and 3D laser illuminated, high resolution downward pavement images or 3D imaging technology o 3D full lane width rutting data o Pavement geometry information — Grade and Cross -slope o Accurate GPS coordinates and accurate linear distances to integrate all data mentioned above o International Roughness Index (IRI) o All data collected shall be accessed concurrently within Cartegraph Pavement Management Software 1 Surface Distress Asphalt • Alligator Cracking • Longitudinal & Transverse Cracking • Patching • Potholes • Raveling • Rutting • Weathering Concrete • Linear Cracking Durability Cracking o Joint Seal Damage © Divided Slab • Spalled Corner o Spalled Joint 1 Segment Data • Unique ID • Street/Road Name o From Name © To Name • Distance From • Distance To • Length • Number of travel lanes • Test Direction • MPH during Review • Surface Type (AC/PCCP) • Review Date o Geographical Information (Latitude, Longitude, Altitude) o Width o Area • Slab Count • Slab Width • Slab Length • Average Grade • Average Cross Slop BID REQUEST #B2000139 Page 12 Deliverables/Milestones Weld County has upgraded to Cartegraph OMS and all data shall be formatted and submitted to Weld County according to the requirements below Weld County will procure the services of Cartegraph to load data into our system Cartegraph — Scope of Work The scope of work includes the following professional services Data Services Cartegraph wi I provide the following data services to load customer's pavement data into Cartegraph OMS o Cartegraph will provide a template file to third -party vendors, so processed data can be delivered to Cartegraph in the required format o Cartegraph will provide a review, not to exceed two (2) hours, of OMS data requirements to customer and third -party vendor staff o Cartegraph will provide a field map review, not to exceed two (2) hours, to identify the OMS destination fields for up to 10 additional data attributes which may have been collected o Cartegraph will provide a one-time data load into the customer's test environment o Cartegraph will provide a one-time data load into the customer's production environment Assumptions, Requirements, and Considerations o This scope of work is isolated to data load activities and does not include any manipulation of collected data o Data must be provided to Cartegraph staff in Esn shapefile or csv formats gi If Pavement spatial data is not provided, and does not currently exist in the customer OMS database, Cartegraph will load Pavement condition data without impacting the existing spatial implementation Prior to collection efforts, third -party vendors must ensure collected data can be linked to a Cartegraph Pavement ID o Cartegraph OMS calculates PCI values based on the ASTM-6433-18 - Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys standard Data collection firms are required to provide Distress, Severity; and Extent values as specified by the aforementioned standard I Cartegraph will provide all services remotely via audio, video, and web conferences unless otherwise noted Exclusions The following service terns are not included in the scope of this project cp Implementation of any custom modification or integration developed by Cartegraph, your internal staff, or any third -party 'is not included in the scope of this project unless specifically listed above ® Data conversion services from other software system(s) or sources (including Cartegraph Navigator databases) are not included in the scope of this project unless specifically listed above m Any service items discussed during demonstrations, conference calls, or other events are not included in the scope of this project unless specifically listed above Appendix A The following data attributes are either required (*) or highly recommended to support robust pavement management functionality in Cartegraph PAVEMENT INVENTORY TABLE NAME DATA TYPE DESCRIPTION * Cartegraph ID Text Unique identifier for Cartegraph Pavement (section) record Note This ID will be used to link all associated roadway section related tables * Pavement Length Quantity (Number w/ Unit) Length of the Pavement section Note — Quantity fields require two data cells per row 1 Number value and 1 Unit of Measure (m, km, mi, yd) * Pavement Width Quantity (Number wl Unit) Width of the Pavement section Note — Quantity fields require two data cells per row 1 Number value and 1 Unit of Measure (m, km, mi, yd) * Pavement Classification Text (Lookup) Pavement Classification value for Cartegraph Pavement record Default values Asphalt, Brick and Block, Concrete, Earth, and Gravel * Function Classification Text (Lookup) Functional Classification value for Cartegraph Pavement record Default values Rural Artenal, Rural Collector, Rural Local, Urban Arterial, Urban Collector, and Urban Local Street Text (Lookup) Street name for Cartegraph Pavement record Street Ahead Text (Lookup) (Intersecting) Street Ahead name for Cartegraph Pavement record Street Back Text (Lookup) (Intersecting) Street Back name for Cartegraph Pavement record Construction Date Date Construction date helps establish a baseline for each asset This baseline is crucial when managing condition and deterioration of high cost, high impact assets i Pavement attributes must include Length and Width values m Pavement Classifications should be limited to the following o Gravel o Brick and Block o Concrete o Asphalt o Earth o Functional Classifications should be limited to the following 1 BID REQUEST #B2000139 Page 14 o Rural Arterial o Rural Collector o Rural Local o Urban Arterial o Urban Collector o Urban Local :` �{ d "� ; �. PAVEMENT, INSPECTION TABLE' „ � � NAME DATA TYPE "-- DESCRIPTION_" * Cartegraph ID Text Unique identifier for Cartegraph Pavement (section) record Note This ID will be used to link all associated roadway section related tables * Inspection ID Text Unique identifier for inspections * Inspection Date Date Inspection date Average IRI Quantity with Unit If applicable, a pre -calculated Average IRI value must be provided Additionally, an Average IRI value should be converted and provided in a 0 to 100 scale for use in Cartegraph' s Overall Condition Index (OCI) calculation — PAVEMENT DETAILED DISTRESS TABLE** . NAME DATA TYPE DESCRIPTION - * Cartegraph ID Text Unique identifier for Cartegraph Pavement (section) record Note This ID will be used to link all associated roadway section related tables * Inspection ID Text Unique identifier for Inspection records * Sample ID Text Unique identifier for Sample Areas Sample To Integer Identify the end of the Sample Area Sample From Integer Identify the beginning of the Sample Area Sample Length Quantity with Unit * Distress Text (Lookup) I Values must match distresses specified in the ASTM-6433-11 standard * Severity Text (Lookup) Low, Moderate, High * Extent Number Must be represented as a percentage number value Note Distress data should be collected in accordance with ASTM D-6433-11 standards, including extent and seventy • Distress Seventies must be limited to the following o Low o Moderate BID REQUEST #B2000139 Page 15 o High • Standard distresses: o Asphalt Longitudinal Cracking and Asphalt Transverse Cracking should be combined into a single distress. o PCC Faulting Right and PCC Faulting Left should be combined into a single distress. o PCC Longitudinal Cracking and PCC Transverse Cracking should be combined into a single distress. o Asphalt Raveling & Weathering should be separated into Asphalt Raveling and Asphalt Weathering — Surface Wear. • ASTM-6433-18 requires unique "Distress + Severity" combinations per Sample area. PAVEMENT CONDITION CATEGORY TABLE NAME DATA TYPE DESCRIPTION * Cartegraph ID Text Unique record. Note: section identifier This related ID will tables for Cartegraph be used to link Pavement all associated (section) roadway * Inspection ID Text Unique identifier for Inspection records Condition Category Text (Lookup) A to PCI converted Category value value 100 as in scale a that Condition thereby 0 generally index. to 100 impacting For Category. scale reflects example, can the IRI be a high-level Cartegraph values loaded Overall as Condition provided condition a Ride OMS in Index using recognizes a Condition a (OCI) 0 Index Integer A value, corresponding on a 0 Condition to 100 scale, Category which reflects the condition of the Cartegraph provides a supplemental MS Excel spreadsheet illustrating the required format for delivery. This spreadsheet can be found on Cartegraph campus. See link below: httpslicampus.cartegraph.com/Helpilmplementation/Data Conversion/Load Pavement Data Into Car tegraph *Weld County will furnish the Service Provider with GIS information pertaining to the Counties boundary and areas within Weld County. In addition, any other information that may be helpful to the Service Provider in the performance of the project. BID REQUEST #B2000139 Page 16 III. Anticipated Schedule The following represent the County target schedule for the RFP. The County reserves the right amend the target schedule at any time. • Bid Date: June 26, 2020 • Pre -Bid Meeting: July 7, 2020 • Bid Opening: July 16, 2020 • Award of Contract: August 3, 2020 • Completion of project: November 27, 2020 o The completion of project timeframe only includes data collection and does not include any data cleanup due to errors. Questions related to the project and procedures should be directed to: Joshua Holbrook, Pavement Management Supervisor Weld County Public Works 970.400.3744 jholbrook©weldgov.com BID REQUEST #B2000139 Page 17 2020 BID SCHEDULE Pavement Data Collection Service ITEM# ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 1 Project Setup 1 LS 2 Networking Referencing & GIS Linkage 803 Mile 3 Network Inventory Checks & Survey Map Development 803 Mile 4 Mobilization / Calibration 1 LS 5 Field Data Collection 803 Mile 6 Data QA/QC, Processing, Format & supply 803 Mile 7 Project Management 1 LS Project Total * The successful vendor is required to sign a separate contract (a sample contract is included on BidNet ) BID REQUEST #B2000139 Page 18 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for Bids , Request No. #B2000139. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying Bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bids contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE DATE FAX TAX ID # E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID REQUEST #B2000139 Page 19 Bid Opening Checklist All of the following pages must be submitted with every bid submittal Failure to Submit any of these documents will disqualify your bid ❑ Receipt of addenda(s), if any, should be signed O W-9 (page 21) O Anti -Collusion Affidavit (page 22) ❑ Bid Schedule (page 18-19) BID REQUEST #B2000139 Page 20 Form .' 6, ©9 Augustg� 2013) (Rev Department f)epartnent of the Treasury Internal Revenue Service Request for Taxpayer Numberand Certification Identification 1®1$1�1.Y�.r V�irI.1�ICalllol➢ Give Form to the requester Do not send to the IRS Print or type See Specific Instructions on page 2 Name (as shown on your income tax return) Business name/disregarded entity name, if different from above I Check appropriate bex for federal tax classification ❑ Individual/sole Proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate Exemptions (see instructions) Exempt payee code Of any) ❑ Limited liability comparry Enter the tax classification (C=C corporation S=S corporation P=partnership)► Exemption from FATCA reporting code Of any) ❑ Other (see instructions) I. Address (number street and apt or suite no ) I Requesters name and address (optional) City state, and ZIP code List account number(s) here (optional) f Taxpayer Identification Number (TIN) Enter your TIN in the appropnate box The TIN provided must match the name given on the `Name" line to avoid backup withholding For individuals this is your social security number (SSN) However for a resident alien sole propnetor or disregarded entity see the Part I instructions on page 3 For other entities, it is your employer identification number (EIN) If you do not have a number see How to get a TIN on page 3 Note If the account is in more than one name see the chart on page 4 fa guidelines on whose number to enter Social security number Employer identification number Kart ,II" Certification Under penalties of perjury I certify that 1 The number shown onthisform is my correct taxpayer identification number (or I am waiting for a number to be issued to me) and 2 I am not subject to backup withholding because (a) I am exempt from backup withholding or (b) I have not been notified by the Internal Revenue Service (IRS) that I amIsubject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified me that I am no longer subject to backup withholdng and 3 I am a U S citizen or other U S person (defined below) and 4 The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct Certification instructions You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions item 2 does not apply For mortgage interest paid acquisition or abandonment of secured property cancellation of debt contnbutions to an individual retirement arrangement (IRA) and generally payments other than Interest and dividends you are not required to sign the certification but you must provide your correct TIN See the instructions on page 3 Sign Here Signature of US person Date ► General Instructions Section references are to thel Internal Revenue Code unless otherwise noted Future developments The IRS has created a page on IRS gov for information about Form W-9 at www irs gov/w9 Information about any future developments affecting Form W-9 (such as legislation enacted after we release rt) will be posted on that page Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report for example income paid to you payments made to you in settlement of payment card and third party network transactions real estate transactions mortgage interest you paid acquisition or abandonment of secured property cancellation of debt or contributions you made to an IRA Use Form W 9 only if you are a U S person (including a resident alien) to provide your correct TIN to the person requesting it (the requester) and when applicable to 1 Certify that the TIN you are giving is correct (or you are waiting for a number to be issued) 2 Certify that you are not subtect to backup withholding or 3 Claim exemption from backup withholding if you are a U S exempt payee If applicable you are also certifying that as a U S person your allocable share of any partnership income from a U S trade or business is not subject to the withholding tax on foreign partners share of effectively connected income and 4 Certify that FATCA code(s) entered on this form (rf any) indicating that you are exempt from the FATCA reporting, is correct Note If you are a U S person and a requester gives you a form other than Form W 9 to request your TIN, you must use the requesters form if it is substantially sunder to this Form W-9 Definition of a U S person. For federal tax purposes you are considered a U S person if you are • An individual who is a U S atizen or U S resident alien • A partnership corporation company or association created or organized in the United States or under the laws of the Unted States • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301 7701-7) Special rules for partnerships Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners share of effectively connected taxable income from such business Further in certain cases where a Form W-9 has not been received the rules under section 1446 require a partnership to presume that a partner is a foreign person and pay the section 1446 withholding tax Therefore rf you are a U S person that is a partner in a partnership conducting a trade or business in the United States provide Form W-9 to the partnership to establish your U S status and avoid section 1446 withholding on your share of partnership income Cat No 10231X Form W-9 (Rev 8-2013) BID REQUEST #B2000139 Page 21 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm I further attest that I The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder 2A Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening 2B Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm 3A No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid 3B No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project 4 The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid 5 My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project 6 My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so, on this project 7 I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit 8 I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE Contractor's ften or company name By Date Tale r 2nd contractor's firm or company name (Ii ioml venture ) By Date Title Sworn to before me this day of, 20 Notary Pubic My rommtssion expire„ NOTE This document must be signed in ink CDOT Form 1606 1102 BID REQUEST #B2000139 Page 22 Exhibit B Christie Peters From: Sent: To: Cc: Subject: Attachments: Eric Botting <eric.botting@arrbgroup.net> Wednesday, July 15, 2020 7:53 PM bids Nathan Kebede; Jill Kiley; Josh Holbrook ARRB response to Bid # B2000139 - 2020 Pavement Data Collection Service ARRB Services.pdf; Weld County_B2000139_B-20-1332_final.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. "I hereby waive my right to a sealed bid" Dear Mr. Holbrook, Thank you for the opportunity to provide our attached response to Weld County Bid # B2000139 - 2020 Pavement Data Collection Service. By emailing our response, "I hereby waive my right to a sealed bid". Please let me know if any clarifications are required. Regards, Eric Eric Botting Business Development Manager 770 Pennsylvania Drive Suite 112 Exton, Pennsylvania 19341 Tel 484-402-0460 I Cell 404-375-0587 1 4 HAWI<EYE Whether your n eed is for an expansive n etwork survey __ .�'„ or a local road survey, ARRB offers quality data collection u sing our innovative Hawkeye platform. ik 1V111iIMAIItti Sam NETWORK CONDITION ASSESSMENTS aF ARRB provides the highest quality outputs to ensure our clients are getting the data they need to make informed decisions about their network. With a proud history of developing and operating high quality pavement monitoring equipment, ARRB has built up extensive network data collection experience collecting millions of miles of data on thousands of projects worldwide, over its many decades of operation. This experience translates into the collection of accurate, reliable and timely data, in accordance with national and international standards.Outputs include cracking parameters, longitudinal profile, transverse profile, continuous deflection, structural capacity, roughness, rutting, texture, cross -fall, curvature, grade and both asset and pavement images. Services offered Automated pavement surface and structural assessments Automatic crack detection surveys Geometry and mapping surveys Roadside inventory and asset extraction Road safety assessment 3D pavement imagery and point clouds Continuous structural capacity surveys arrbgroup.net ENSURING ACCURATE DATA, FOR ACCURATE DECISIONS ARRB's flagship survey system, the Hawkeye platform, integrates the latest innovative data collection technolcgies into a single scalable and intelligent system. With these services, clients are able to: Objectively make decisions based on current data Understand their network from a technical standpoint Conduct virtual site inspections from their desk Review data and create custom reports Compare multiple and historical data streams simultaneously Export data to many formats - PMS databases, GIS, XML, HDM4, ProVAL etc. i ., T — 12.01 %!S 0 VYvH 2017 -14 91 122147 93 7- 83.64 70 33 0 0S3 9C 192 ?At/v 1 l Tyr, Backed by a multi -disciplinary workforce of engineers, specialist technical staff, experienced professionals, as well as a large pool of rating personnel, ARRB can efficiently and effectively tackle each of our client's individual needs, to provide: Various system configurations for customized surveying options Multiple synchronized outputs collected simultaneously in a single pass Well documented validation, verification and quality systems to ensure efficient collection and reliable end results. Trained professionals available for customized visual rating and post -survey processing, completed using the powerful Hawkeye Processing Toolkit software • 5!5.1703 0 o coo o sea 1no 1E12 3 DJ 4(62 4600 5 � 5 ApeOedO were fr.) ... 2 ?eca0ln key c. -: 9eppc3 14eM1ew1 O alepe M) E.tadec &Shang. eno Messed Scehansor t) War) 1...1 :an, p., Lnabler 04!2 e coD 0609 1233 1 822 7SS4 3St3 3345 4 566 465E 3 503 0 475 KO oa 063: 0 Set 0 353 0 555 o Alt 042 0430 I1 744 1I 02 05 ae JJ 1I -15 0.4 P[ 6001 L Cr CO 0 002 I. N1t 1M Yee TM its •. art 9a.pad sax rest CnOa wet 3u *91d geId he -1 Id 'a IS Yb u PAVEMENT MANAGEMENT INTELLIGENCE ARRB Group Inc. 770 Pennsylvania Drive, Suite 112, Exton 19341 USA info@arrbgroup.net 1610-321-8300 July 15, 2020 Joshua Holbrook Pavement Management Supervisor Weld County Public Works holbrook@weldgov.com Dear Mr. Holbrook, Thank you for the opportunity to provide our response to Weld County Public Works' Ruquest For Bid # B2000139, 2020 Pavement Data Collection Service, due July 16, 2020, at 10:00 a.m. Addendum 1 was received, filled out, and signed per the specification, and has been inserted at the end of this document. We meet or exceed all data collection requirements in the addendum. ARRB Group Inc. (ARRB) is a world-renowned transportation infrastructure condition evaluation and data collection organization that has been providing pavement inspection services around the world for over 30 years and in North America for over 5 years. Not all automated pavement inspection vehicles provide the same service; that is why we continue to design, build, and operate the most advanced and widely -accepted automated pavement inspection vehicles in the world. It is because of our attention to detail and reputation to meet client needs that over 20 State Departments of Transportation (DOT). ARRB has successfully completed a similar project for Jefferson County, Colorado, including the Cartegraph data load. A growing number of municipalites rely on us to collect and report accurate and reliable pavement condition data. We are confident that our proposed solution provides the best quality and value for Weld County's data collection needs and will exceed your expectations. If you require any further clarification in regards the proposal, please do not hesitate to contact me. With Best Regards, Nathan Kebede, P.E. Chief Operating Officer ARRB Group Inc. Nathan.Kebede@arrbgroup.net (215) 512-3713 Direct Past Experience and References Jefferson County, Colorado Jeff Booth (563) 723-0034 jeffbooth@cartegraph.com Year completed - 2018 Jefferson County contracted Cartegraph in late 2017 to have their pavement distress data collected, processing, reported, and uploaded into the pavement management system. In support of this project, ARRB collected and processed Roughness, Rutting, Texture, Cracking, and both downward 3D pavement images and Right of Way images from 5 cameras on 1,404 lane miles in the Spring of 2018. ARRB also prcvided manually rating services from the 3D images. City of Raleigh, NC Steve Halsey (919) 522-7266 Steven. Halsey@raleighnc. qov Year completed — 2019 Cycle The City of Raleigh awarded ARRB a 5 year contract to perform a fully automated pavement data collection and reporting of the 1,100 miles in their network. IRI, Texture, Rutting, Cracking, ROW images and road geometry were collected and reported with full automation. The City intends to use this data to set a baseline of the condition of their system, and the follow up inventories in 2021 and 2023 to track the maintenance activites to insure that the best decisions are being made. Approach Weld County requires high -quality and reliable pavement conditicn data to make appropriate and timely decisions for pavement maintenance and rehabilitation; we fully understand the needs of Weld County and the requirements provided in the RFP. Below are the various tasks we will undertake to successfully complete this project and delivery quality data the County can rely on. Kickoff meeting After Notice -to -Proceed is issued by the County, the ARRB project manger will schedule a kick-off meeting with appropriate County staff and other project stake -holders. This meeting will help familiarize County staff with the ARRB team and lay the ground work for a successful project. Network Definition and Map Checks All collected data must be correctly geo-referenced so that the County can tie and correlate data with existing GIS databases. ARRB's data collection, data processing, and quality verification tools also rely on accurate GIS data to function properly. Therefore, ARRB will perform map checks to confirm that all required data are included after receiving GIS maps of the roadway network from the County. Field Data Collection ARRB will use a fully integrated Network Survey Vehicle (NSV) :o collect roadway data on the County's approximately 803 centerline miles of road way. Our NW has different subsystems that work together to collect comprehensive roadway data. The system also has built-in verification tools to perform real-time quality control checks by verifying that all sub -systems are functioning properly and collecting data within acceptable ranges. Not all pavement data collection vehicles trb are created equally. We designed and built our NSV to comply with the strict automated data collection guidelines used by various DOTs in the U.S. and around the world. Network Survey Vehicle The NSV has best -in -class systems and features including: GPS antenna with Differential GPS for accurate spatial data of sub -meter accuracy Inertial Measurement Unit (IMU) for accurate location data in areas of limited GPS connectivity and for measurement of roadway geometry (slope, grade, and curvature) Distance Measuring Instrument (DMI) for accurate linear referencing Inertial Laser Profiler meeting ASTN and AASHTO requirements for roughness (IRI) measurement 3D Laser Crack Measurement System (LCMS) dedicated pavement distress sensors for collection of laser scans of a 12ft wide pavement lane at 5 -meter interval and can detect pavement distress including cracking and potholes Digital Cameras mounted on the roof and collect high -resolution images that are calibrated for scale measurement and allow for extraction of right-of-way asset location and attributes To maximize field data collection efficiency, the system integrates GIS maps of the project site and automatically identifies efficient routing for the data collection team to follow; this feature allows both the driver and equipment operator to focus on safe driving and collection of quality data while letting the system navigate the best route for data collection. The system is also integrated with an online project -management system that allows the project manager to monitor the location, progress, and quality of the data collection in real-time from an office environment. This online project -management and quality -control system allows us to give frequent updates to County staff for monitoring progress. Furthermore, the NSV operator can record certain events that may impact the quality of data collected. The events recorded include bridge, railway crossings, and construction zones. Data Processing ARRB's NSV utilizes a 3D Laser Crack Measurement System sensors to collect high-defintion 3D imagery of the pavement. We will use these images to identify the required pavement distresses through our automated crack detection tools. • - It !n♦ IOW a..tr . a. I wTarin 1.•••..aM• elet a art a . :I :I Sall 4• H 1 :Oft tali Est= V '' • , 4 t- _.. 349J NI7MIl. an b Min ant AGI Hawkeye Pavement Data Processing Tool ARRB's Hawkeye data processing software system is highly configurable and will be used to process the data collected by the NSV. We use our tri-zone methodology which was developed based on the AASHTO R85 standard that divides the pavement area in to three distinct areas (two outer wheel paths and one center/between wheel path). The distresses we will identify include longitudinal cracking, transverse cracking, alligator cracking, potholes, rutting, and roughness. All cracking and rutting data will be generated from the 3D scans and Roughness (IRI) calculations will be based on profile data captured by the inertial profiler. We have vast experience configuring our system to process data according to various data processing requirements and we are confident that we can process pavement distress data to deliver distress measurements required by the County. Data Delivery Once processing of collected data is completed, ARRB will de iver pavement distress and all associated data to the County per the specification in the RFB. The data delivery includes the following: Pavement Distress Data Report The spreadsheet data (in Cartegraph format) that includes all the distresses identified for each street included in the survey will be delivered to the County. Web -based viewer - ARRB will deliver pavement and right-of-way imagery through our web -based data viewer application called Insight. Insight is an easy -to -use viewer accessible from any location and any device that has an active Internet connection. Insight a lows users to navigate through collected imagery while tracking the location of data collection on an interactive map. Users can trb see all of images captured by multiple cameras or focus on a specific camera image. Users can also navigate imagery as a video file to simulate a virtual field trip. Users can view aggregated pavement distress data for each point on the network map and easily associate the data with corresponding imagery. Web -Based Interactive Data Viewer (Insight) Project Team The ARRB project team includes projessionals with many years of applicable experience that will bring value to this project and the County. Nathan Kebede, P.E. will serve as the overall project manager and serve as the single point of contact for the City. Nathan is veteran of multiple pavement evaluation and pavement management projects and has the required experience to make this project a successful one for the City. Jerry Daleiden, P.E. will serve as the Principal Engineer for this project and review and report any QA\QC concerns directly to Nathan Kebede. Jerry has over 35 years of experience on projects of this type throughout the United States. Nate Bech, E.I.T. will serve as the Project Engineer and be responsible for all data processing, validation, and final formatting of the data. Nate has provided similar services for multiple municipalities and State DOTs. r Nicolas Robert will serve as the Data Collection Lead and be responsible for the safe, efficient data collection in the field. In addition to monitoring the sensors for proper operation during the day, Nicholas will review the automated data validation programs and other customized tools developed for QA\QC. r Required Forms Please note that the original bid page has been omitted due to the Addendum containing an updated version. The original signature page is below, followed by the other required forms. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions. specifications and special provisions set `orth in the request for Bids Request No. #B2000139. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state anc local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying Bid sheets. 4. The signed bid submitted. all of the documents of the Request for Bids contained herein (including but not limited to. product specifications and scope of services) and the formal acceptance of the bid by Weld County. together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. J. Weld Courty reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that. in the opinion of the Board of County Commissioners. is to the best interests of Weld County. FIRM ARRB Group Inc. BY Nathan Kebede (Please print) BUSINESS 770 Pennsylvania Drive. Suite 112 ADDRESS CITY, STATE. ZIP CODE Exton. PA 19341 DATE July 15. 2020 TELEPHONE NO (610) 321-8300 FAX NIA TAX ID # 36-4797675 SIGNATURE JE-MAIL nathan.kebede@arrbgroup.net FALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID" WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID REQUEST #62000 139 Page 19 *rrb COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT act" #82000139 Weld County Colorado I hereby attest that I am the person responsible within my tam for the final decision as to the price(s) and amount of this bid cr it not. that I have written authonzation, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. further attest that 1. The picots) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the elect of restricting competition with any other firm or person who is a bidder or potential prime bidder ?A Nether the prive(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project and will not be so disclosed prior to bid opening. 2B. Nether the prices nor the amount of the bid of any other firm or person wno is a bidder or potential prime bidder on this project have been disclosed to me or my firm 3A. No atterrpt has been made to solicit cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project or to submit a bid higher than the bid of this firm. or any intentionally high or non- competitive bad or other form of complementary bid 38 No agreement has teen prornesed or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project 4. The bid of my firm is made in good faith and not pursuant to any consultation. communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered promised or paid cash or anything of value to any firm or person. whether in connection with this or any other project. in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract cx agreement regarding the sale of materials or services to any firm or person, and has rot been promised or paid cash o' anything of value by any him or person whether in connection with this or any other project. in consideration for my firm's submitting any intentionally high, noncompetitrve or other form of complementary bid. or agreeing or promising to do so. on this project I have made a diligent inquiry of ail members officers. employees. and agents of my firm with responsibif;ties relating to the preparation approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication. consultation. discussion, agreement, collusion. or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this atfidavit is and shall be treated as a fraudulent concealment from the Colorado Department or Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE. AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS. THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST Cf MY KNOWLEDGE ;;:alit ztofen or oa.- . , r ARRB Group Inc. S Ct! doccic Mil/_ kW( aced CI Sec � • : � Ai i. t c MUM . 1! ,le •krf' 14 f PC •.♦ Sworn to before me this y, .sr; 'tt_ a Hof LLI\I 20 1 U tX"nmstav art4rea kok NOTE: This document must be signed in ink. �r -I ..'. ' q1 4••Sy,yry • hoary Sea SaP44► G V1SSL• kotary D alit C -fry -"• r• �rrTytri' Esw•-, IL' 2C23 :;-- ss+s• '222449 COOT Frio Ma t Y'; BID REQUEST #B2000139 Page 22 trrb July 15, 2020 BID NUMBER: B2000139 2020 Pavement Data Collection Services Purchasing Director Weld County Colorado 1150 O Street Greeley, Colorado 80631 To Whom it May Concern, ARRB Group nc. 77Q Pennsylvania Drive Suite 112 Exton, PA, 19341 Ph 610-321-8300 I hereby attest that I am the person responsible within ARRB Group Inc. for the final decision on pricing and the final amount of our bid. Please accept this document that Jill Kiley, Office Manager \ Board Secretary, has my written authorization to complete our Anti Collusion form and have it notarized on ARRB Group Inc.'s behalf. Please contact me directly if any clarification is required. I may be reached by phone at (215) 512- 3713 or by email at Nathan.Kebede@arrbgroup.net. Sincerely, • tUctilt Li Nathan Kebede, P.E. Chief Operating Officer ARRB Group Inc. Nathan.Kebede@arrbgroup.net July 13, 2020 Bid Request No. B2000139, 2020 Pavement Data Collection Service Weld County, Colorado ADDENDUM NUMBER ONE The following shall be incorporated into the CONTRACT DOCUMENTS for the above -referenced PROJECT A. Changes to Scope of Services B. Data Collection Requirements C. 2020 Bid Schedule D Receipt of Addenda All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored A. CHANGES TO SCOPE OF SERVICES Section II (a) Scope of work — shall include the following. Service Provider shall provide a web -based image viewer for one year. The viewer will host all data and must not require the County to install or store any data made available through the web -based viewer. The viewer shall include the following functionalities. • Has a map -based user -interface showing Weld Countys roadway network • Needs to display imagery for all roadway pavement sections in Weld County through a point -and -click feature • Export imagery for any point of interest on Weld County's roadway network • Store multi -year imagery data • Has no limitation on the number of users. This service will allow Weld County to evaluate if this is something of interest beyond the first year. Another bid line item has been added for this service. B. DATA COLLECTION REQUIREMENTS Section II (a) Data Collection Requirements — shall include the following. 3D Laser — Pavement inspection vehicle shall use 3D laser -based pavement imaging and crack measurement system (LCMS or similar) Pavement inspection vehicle shall have an integrated differentially corrected GPS and Inertial Navigational Unit (INU) or Inertial Measurement Unit (IMU) to measure and report roadway geometry (longitudinal grade, cross slope, horizontal curvature. and vertical curvature). Pavement inspection vehicle shall have integrated right-of-way (ROW) cameras able to capture front -facing. right -facing, left -facing. and rear -facing imagery. All images shall be geo-referenced, and all cameras must be calibrated for scale and alignment to allow for the measurement of features within each image. Section II (a)(1) Segment Data — remove and replace width. Width shall be removed and replaced with surface width 2020 Bid Schedule Two-line items have been added to the 2020 bid Schedule Line item number eight is for the 1 -year access to a web -based imagery viewer A Force account line item has been added to the bid schedule and each bidder shall include the $20,000 to their total bid cost. Prepared By Joshua Holbrook Pavement Management Supervisor 2020 BID SCHEDULE Pavement Data Collection Service ITEM# ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 1 Project Setup 1 LS $ 750 $ 750 7f Networking Referercing & GIS Linkage 303 Mile $ 1 .80 $ 1 ,445 3 Network Inventory Checks & Survey Map Development 803 Mile $ 2.70 $ 2,168 4 Mobilization / Calibration 1 LS $ 9,000 $ 9,000 5 Field Data Collection 803 Mile $ 64.80 $ 52,034 6 Data QA/QC. Processing & supply 803 MileFormat $ 12.50 $ 10,038 Project Management 1 LS $ 5,486 $ 5,486 8 0 1 -year based access to web - imagery viewer LS $ 3,700 $ 3,700 FA Fcrce Account 1 LS $20,000 $20,000 Project Total $104,621 * The successful vendor is required to sign a separate contract (a sample contract is included on BidNet.) 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 Date: July 13, 2020 By: Nathan Kebede Addendum No. Date: By: Addendum No. Date: By: FIRM ARRB Group Inc. BUSINESS ADDRESS 770 Pennsylvania Drive, Suite 112 BY Nathan Kebede CITY, STATE, ZIP CODE Exton, PA 19341 (Please print) DATE July 15, 2020 TELEPHONE NO 610) 321-8300 �V� SIGNATURE SIGNATURE FAX NSA TAX ID # 36-4797675 E-MAIL nathan.kebede@arrbgroup.net The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for Bids, Request No. #B2000139. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying Bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bids contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM ARRB Group Inc. BY Nathan Kebede (Please print) BUSINESS ADDRESS 770 Pennsylvania Drive, Suite 112 CITY, STATE, ZIP CODE Exton, PA 19341 DATE July 15, 2020 TELEPHONE NO (610) 321-8300 SIGNATURE FAX N/A TAX ID # 36-4797675 E-MAIL nathan.kebede@arrbgroup.net **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. Form -9 (Rev. October 2018) Department of the Treasi.•, Internal Revenue Seance Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/ForrnW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. rn a C O m C ao o L. a u 0. U C, 5 Address (number, street, and apt. or suite no.) See instructions. 1 Name (as shown on your income tax return) Name is required on this line: do not leave this line blank ARRB Group Inc. 2 Business name/disregarded entity lame. If different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes El indrvicualrsole proprietor or single -member LLC 0 C Corporation O S Corporation ❑ Partnership ❑ Trust/estate Limited liability company. Enter the tax classification (C=C corporation. S -S corporation. P- Partnership) Note: Check the appropriate box in me line above for the tax classification of the single -member owner Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LW that is not disregarded from the owner for US. federal tax purposes Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ► 770 Pennsylvania Drive, Suite 112 6 Cit.', state, and ZIP code Exton PA 19341 7 List account numberts) here (optional) Part I 4 Exemptions (codes apply only to certain entities, not individuals: see instructions on page 3) Exempt payee code (if any) Exemption from FATCA reporting code (if any) Ac res .zi eccou^fs era:^taineC OLi wilt the U.S, Requester's name and address (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EiN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name. see the instructions for line 1. Also see What Name and Number ro Give the Requester for guidelines on whose number to enter. EZDa Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends. or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. i am a U.S. citizen or other U.S. person (defined below): and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid. acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (iRA), and generally, payments other than Interest and dividends, yeu are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II. later. Social security number or Employer identification number 3 6 4 7 9 7 6 7 5 Sign Here Signature of U.S. person ► General lnstrudtions� -J Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to. the following. • Form 1099-INT (interest earned or paid) Date ► /// /av • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN. you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X W-9 ,Re.t. 10-2018) "AC R° tit THIS CERTIFICATE IS ISSUED CERTIFICATE DOES NOT AF BELOW. THIS CERTIFICATE REPRESENTATIVE OR PRODUCER CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/12/2020 AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS :IRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. Cincinnati OH Office 8044 Montgomery Road Suite 405 Cincinnati OH 45236-2919 USA. INSURED ARRB Group, Inc. 770 Pennsylvania Dr Suite 112 Exton PA 19341 USA COVERAGES CERTIFICATE NUMBER: CONTACT NAME: PHONE (A/C. No. Ext): (866) 283-7122 FAX (NC. No.): (800) 363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A: Federal Insurance Company INSURER B: Penn -Patriot Insurance Company NAIC # 20281 10121 INSURER C: INSURER D: INSURER E: INSURER F: 570083527065 REVISION NUMBER: THIS IS TO CERTIFY THAT THE INDICATED NOTWITHSTANDING ANY CERTIFICATE MAY BE ISSUED OR MAY POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) PO_ICY EXP (MM'DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY L7220871D 208 71D 02/23/2020 02/23/2021 EACH OCCURRENCE S1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) S50,000 MED EXP (Any one person) S5,000 PERSONAL & ADV INJURY S1,000,000 GEN'L AGGREGATE L MIT APPLIES PER GENERAL AGGREGATE S2,000,000 X POLICY PRO - JECT LCC PRODUCTS - COMP/OP AGG Included OTHER A AUTOMOBILE LIABILITY (20)7358-75-10 02/23/2020 02/23/2021 COMBINEDSINGLELIMIT (Ea accident) S1,000,000 x ANY AUTO BODILY INJURY ( Per person) OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) AUTOS ONLY HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) Comp Coll Deductible S 500 UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 2171742832 02/23/2020 02/23/2021 x PER STATUTE 1ORTH- Y/N ANY PROPRIETOR / PARTNER / N N / A E L EACH ACCIDENT S1,000,000 EXECUTIVE OFFICER/MEMBER in NH) E L DISEASE -EA EMPLOYEE S1,000,000 (Mandatory If yes, describe under DESCRIPTION OF OPERATIONS below I E L DISEASE -POLICY LIMIT S1,000,000 DESCRIPTION weld policy. General OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedulemay County, Colorado is included as Additional Insured A waiver of Subrogation is granted in favor of Liability, Automobile Liability and Workers' Compensation be attached if more space is required) in accordance with the policy provisions of the General Liability weld County, Colorado in accordance with the policy provisions of the policies. CERTIFICATE HOLDER weld County, Colorado 1150 0 Street Greeley Co 80631 uSA CANCELLATION 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 ts‘a Mact92azycierocyfrotei-aoetfiloa.e ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD I- a, tot aci V V O 570083527065 Certificate No i New Contract Reque's `,=Entity Information, 6�f i Entity Name* ARRB GROUP INC Contract Name* 2020 PAVEMENT DATA COLLECTION SERVICE Contract Status CTB REVIEW I _ c P^ EnhIt ID* @00042558 hl Contract ID 4045 Contract Lead* JHOLBROOK 'i i ,rig r, ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # Jholbrook c@co weld co us Contract Descriptions PERFORM AUTOMATED SURVEYS OF SELECTED PAVED ROADS WITHIN WELD COUNTY WHICH SHALL BE IN ACCORDANCE WITH THE DISTRESS DEFINITIONS AND DECSRIPTIONS INCLUDED IN THE MOST CURRENT ASTM D6433 STANDARS PRACICE FOR ROADS AND PARKING LOTS PCI SURVEYS Contract Description 2 Contract Type* AGREEMENT Amount* $104$21 40 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov corn Department Head Email CM-PublicWorks- DeptHead@weldgov corn County Attorney BOB CHOATE County Attorney Email BCHOATE@CO WELD CO US If this is a renewal enter previous Contract ID , Requested BOCC Agenda Date* 08124/2020 Due Date 081"20/2020 Will a work session with BOCC be required?* NO' Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* #2000139 If this is part ,of a NSA enter NSA Contract ID Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Review Date* 01/02/2023 Committed Delivery Date Renewal Date Expiration Date* 12/15/2020 ,Contact Information Contact Info-'. � ll� Contact Name v "Pu rcllasing l Purchasing Approved Date 08/18/2020 Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 08/1812020 Final ;Aipproval'_I 4 + BOCC Approl ed BOCC Signed Date BOCC Agenda Date 08/24/2020 Originator JHOLBROOK r�- Finance Approved Date 08/1812020 Tyler Ref # AG 082420 5 Contact Type Contact Email Contact Phone 1 Contact Phone 2 hr - _ Finance Approver CONSENT Legal Counsel CONSENT Legal Counsel Approved Date 08/18/2020 MEMORANDUM TO: Curtis Hall, Deputy Director of Public Works DATE: August 6, 2020 FROM: Joshua Holbrook, Pavement Management Supervisor SUBJECT: 2020 Pavement Data Collection Service, Bid No. B2000139 Bids were opened on July 16, 2020, for the 2020 Pavement Data Collection Service. The seven bids received ranged from $95,525.00 to $164,597.23. The lowest bid that meets the bid specifications was submitted by ARRB Group, Inc based out of Exton, Pennsylvania. (See attached bid tab). The BOCC approved the recommendation to award the bid to ARRB Group in a pass around dated 8.3.2020 (see attached). The bid submitted by ARRB is within the 2020 estimated budget for this contract; therefore, it is Public Works recommendation to award the contract to ARRB Group, Inc for a total amount of $104,621.40. Approve of recommendation: Curtis Hall, l dpG'iy"Director of Public Works cc: Jay McDonald, Director of Public Works Mona Weidenkeller, Office Tech IV, Account payable/receivable Rob Turf, Purchasing Manager Rose Everett, Weld County Purchasing Christie Peters, Weld County Purchasing 2om-�1� EGoo 7g BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2020 Pavement Data Collection Service Bid #B2000139 DEPARTMENT: Weld County Public Works DATE: 8.3.2020 PERSON REQUESTING: Joshua Holbrook Brief description of the problem/issue: On July 16, 2020, seven bids were opened for the 2020 Pavement Data Collection Services. The bids ranged from $95,525.00 to $164,593.75, with the lowest bid submitted by MDS Technologies, Inc based out of Illinois. MDS Technologies bid does not meet the bid specification for the 3D Laser Crack Measurement System (LCMS). MDS Technologies uses the optical method which consists of 2D and 3D digital cameras that take an image at approximately 10 -meter intervals. After roadways are photographed, MDS would manually identify, categorize and score each crack. Problems associated with this method of data collection include the approximately 32 -foot gaps between photographs and the potential human error in cataloging cracks. Public Works included the LCMS method in the bid to avoid problems associated with the optical method. LCMS is an automated crack detection system used to document the location, type, length, width and depth of a crack within the roadway. This information, along with the other pavement distress data, would then be downloaded into our Cartegraph OMS system to be used in the calculation for the Pavement Condition Index (PCI). ARRB Group is the second lowest bid at $104,621.00. Their bid meets all specifications and is within the budgeted amount for this service. Public Works worked with Don Warden to set aside $150,000.00 out of the Pavement Management budget for this project. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Option #1 — Approve the bid from ARRB. Option #2 - The Board may request a work session to discuss this further. Recommendation: Public Works recommends approval of ARRB Group for the 2020 Pavement Data Collection Services bid in the amount of $104,621.00 Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer, Steve Moreno, Pro -Tern Kevin D. Ross Attachments: Bid Tab Cc: Jay McDonald, Director of Public Works Curtis Hall, Deputy Director Schedule WorkSessiion Other/Comments: 2020 Bid Tab for Pavement Data Collection Service (Bid 82000139) Rem p Description Unit Quantity MDS Technologies Inc (Illinois) ARRB (Pennsylvania) Applied Research Associates (Texas) IMS (Arizona) Roadway Asset Services (Texas) Applied Pavement Tech (Illinois) ERI (Illinois) Item Item Cost Total Item Cost Total Item Cost Total Item Cost Total Item Cost Total Item Cost Total Item Cost Total 3 Project set up 15 1 $ 350.00 0 350.00 $ 750.00 $ 750.00 $ 3421.00 $ 3A23.0 0 2,000.00 S 2,000.00 0 2,000.00 $ 2,000.00 5 1,40000 $ 1,40000 $ 4450.00 $ 4,450.00 2 Networking Relerenang & GO knkage Mile 803 $ 2.50 $ 2,007.50 0 LBO $ 1,445.40 5 5.60 5 4496.80 $ 9.00 $ 1,227.00 $ 5.00 $ 4,01500 $ 2.10 $ 1,686.30 $ 2.25 5 1,806.75 3 Networking Inventory Checks and Survey Map Development Mile 803 $ 5.10 $ 4.015.00 5 2.70 $ 2.168.10 $ 2.60 $ 2,06].60 $ 4.00 5 3,212.00 S 5.00 $ 4.015.00 $ 3.15 $ 2.529 45 5 2.00 $ 1,606.00 4 Moblliralion/Calibration LS 1 5 3,250.00 $ 3,250.00 $ 9,000.00 S 9,000.00 5 11.798.00 $ 11,]98.00 5 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 12.700.00 $ 12,700.00 S 38,53].00 5 18,537.00 5 Geld Data Collection Mile 803 S 30.50 $ 24491.50 $ 64.80 5 52,034.40 5 66.61 5 53,487,83 5 05.00 5 68,255.00 $ 55,00 $ 44,165.00 $ 80.10 5 64.320.30 $ 85.00 5 68,255.00 6 Data 0.A/4C, Processing, Format & supply Mile 803 5 37.00 5 29,711.0 $ 12.50 5 10,037.50 5 49.00 5 39,347.00 5 13.00 $ 8,833.00 $ 40.00 S 32,120.00 $ 62.75 $ 50,388.25 S 28.16 5 22,612.48 7 Project Management 1,5 1 $ 4,200.00 $ 4,200.00 $ 5,486.00 5 5,486.00 5 5.287.00 $ 5,287.00 5 2.746.00 5 2,746.00 0 8,000.00 $ 8.000.00 5 7,540.00 5 2.540.00 5 5,200.00 5 5,20000 8 3 -rear access t oweb-based imagery viewer 19 1 5 2.$00.00 $ 2.5110.00 $ 3,700.00 $ 3.200.00 $ - 5 - $ 6,000.00 5 6,000.00 $ 12,000.00 5 07,ON.00 $ - $ $ 22,130.00 $ 22.130.00 FA Farce account 15 1 5 20.000.00 $ 20,000.00 5 20,000.00 5 20.000.00 $ $ - 5 20,000.00 5 20,000.00 5 20,000.00 5 20,000.00 5 5 - 5 20,000.00 5 20.000.00 $ 95,525.00 $ 104,621.40 $ 119,925.43 $ 120,273.00 0 133,315.00 $ 135,644.30 $ 164,597.23 Errors $ - Errors $ - Errors Errors $ (50.00) Errors Errors $ 0.30 Errors $ 3.48 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpetersc weldgov.com E-mail: reverettAweldgov.com E-mail: rturf(a�weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: JULY 16, 2020 REQUEST FOR: 2020 PAVEMENT DATA COLLECTION SERVICE DEPARTMENT: PUBLIC WORKS BID #: B2000139 PRESENT DATE: JULY 20, 2020 APPROVAL DATE: AUGUST 3, 2020 AUGUST 10, 2020 VENDOR TOTAL MDS TECHNOLOGIES, INC $95,525.00 350 S NORTHWEST HWY, STE 300 PARK RIDGE, IL 60068 AARB GROUP, INC $104,621.00 700 PENNSYLVANIA DR, STE 112 EXTON, PA 19341 APPLIED RESEARCH ASSOCIATES $119,925.43 100 TRADE CENTER DR., STE 200 CHAMPAIGN, IL 61.820-7233 IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC $120,323.00 8380 S KYRENE RD, STE 101 TEMPE, AZ 85284 ROADWAY ASSET SERVICES, LLC $133,315.00 1701 DIRECTORS BLVD, STE 300 AUSTIN, TX 78744 APPLIED PAVEMENT TECHNOLOGY INC $135,644.00 115 W MAIN ST, STE 400 URBANA, IL 61801 ERES INTERNATIONAL, INC DBA, ENGINEERING AND RESEARCH INTERNATIONAL, INC $164,593.75 1401 REGENCY DR E, STE E SAVOY, IL 61874 THE DEPARTMENT OF PUBLIC WORKS IS REVIEWING THE BIDS. oSio3 ETg Hello