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Home My WebLink About20193918.tiffet-n,tc-i-e-c '',3tiP MEMORANDUM Date: September 24,2019 To: Esther Gesick, CTB From: Clay Kimmi, Project Manager, Public Works RE: OnBase Contract ID #3141 — Subsurface Utility Engineering Services, B1900122 Attached are 2 original copies of the signed contract. Please place the attached agreement on the BOCC Consent Agenda. Upon the BOCC signature, please return one original to me so I can forward it to the Consultant. The BOCC approved the award of this contract to Cobb, Fendley and Associates, Inc on September 18, 2019. The Consultant has signed the contract and has provided the required insurance listing Weld County as an additional insured party. I will plan on attending the BOCC hearing to answer any questions the BOCC may have regarding this contract. Qcr'r%- 01f3o / (' Pte; 9—,�o-�g id) AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & COBB, FENDLEY & ASSOCIATES, INC. CR 64 & CR 41 INTERSECTION PROJECT THIS AGREEMENT is made and entered into this%.:7(1 day of / 1' ' , 2019, by and between the County of Weld, a body corporate and politic of the State Colado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Cobb, Fendley & Associates, Inc.], who whose address is 87040 Yates Drive, Suite 120, Westminster, CO 80031, hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in B1900122. The RFP 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 Exhibit A. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. ao f 9- 39ii 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 an amount no greater than $58,245.00, which is the bid set forth in Exhibit B. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the 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. Mileage may be reimbursed if the provisions of Exhibit A permit such payment at the rate set forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in 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 3 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 4 reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are 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. 5 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 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. 6 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 Contract Professional 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 Contract Professional, involving all matters and/or transactions related to this Agreement. The Contract Professional 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.: Sean Wolf, P.G., Vice President 87040 Yates Drive Suite 120 Westminster, CO 80031 Email: swolfe@cobbfendley.com Phone: 720-216-1922 County: Name: Clay Kimmi Position: Project Manager Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmi@weldgov.com Phone: (970) 400-3741 Don Dunker, P.E. County Engineer 1111 H Street Greeley, CO 80632 ddunker@weldgov.com (970) 400-3749 7 • 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 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. 8 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties. Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Attorney's 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. 32. 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. 9 33. Official Engineering Publications: 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 that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Compensation. 33. 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 acknowledges 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 day of , 2019. CONTRACT PROFESSIONAL: By: Cobb, Fendley & Associates, Inc. (CobbFendley) Name: Sean Wolfe, PG Title: Vice President I Region Manager Date WELD COI 'e1 ATTEST: Weld County Clerk to the Bo BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Saar A 2 : �' ,, '� ;� iL— fiA GALS A. - Deputy CI -�" to t t - l ;'�.1�� 1♦� rbara Kirkmeyet 2� Chair 10 SEP 3 0 2019 .02.0 /?- 9 / Y 6) • COBBFEND ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)9/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Southwest 9811 Katy Freeway, Suite 500 Houston, TX 77024 713 490-4600 CONTACT Shelly Brandman/Michelle Weweh PHONE 713 490-4600 I FAX (A/C, No, Ext): (A/C, No): E-MAIL shelly.brandman@usi.com ADDRESS: y INSURER(S) AFFORDING COVERAGE NAIC # INSURER A National Fire Insurance Co. of Hartford 20478 INSURED Cobb, Fendley & Associates, Inc. 13430 Northwest Frwy, Suite 1100 Houston, TX 77040 INSURER B : Travelers Property Cas. Co. of America 25674 INSURERC: Volley Forge Inoorance Company 20508 INSURER D : Berkley Insurance Company 32603 INSURER E Continental Casualty Company 20443 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R A X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT LOC OTHER: X ADDL INSR SUBR WVD POLICY NUMBER 6072140890 POLICY EFF (MM/DD/YYYY) 07/10/2019 POLICY EXP (MM/DD/YYYY) 07/10/2020 LIMITS EACH OCCURRENCE $1,000,000 DAMAGE occu ence) $150,000 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 E AU X X OMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY 6072140873 07/10/2019 07/10/2020 COMBINED SINGLE LIMIT (Ea accident) • $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) B C X UMBRELLA LIAB EXCESS LIAB DED XI RETENTION $10,000 X OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N/A ZUP21P2880019NF 6072140842 07/10/2019 07/10/2019 07/10/2020 07/10/2020 EACH OCCURRENCE $12,000,000 AGGREGATE $12,000,000 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional Liability AEC903029404 07/10/2019 07/10/2020 $5,000,000 Per Claim $5,000,000 Annl Agg DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Automobile Liability policies includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with "Primary and (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION County of Weld, State of Colorado Attn: Clay Kimmi, Project Manager 1111 H Street Greeley, CO 80632 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 ACORD 25 (2016/03) 1 of 2 #S26624167/M26038544 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KMAZP DESCRIPTIONS (Continued from Page 1) Noncontributory" wording. The General Liability, Automobile, Workers Compensation, and Professional Liability policies provide a Blanket Waiver of Subrogation when required by written contract. The General Liability, Automobile, Workers Compensation, Umbrella Liability, and Professional Liability policies include an endorsement providing that 30 days notice of cancellation for reasons other than non-payment of premium and 10 days notice of cancellation for nonpayment of premium will be given to the Certificate Holder by the Insurance Carrier. The Umbrella Liability policy follows form. RE: RFP #B1900122; Professional Subsurface Utility Engineering; CR 64 and CR 41 Intersection Project; County of Weld, State of Colorado. SAGITTA 25.3 (2016/03) 2 of 2 #S26624167/M26038544 E KEIT 7 _ j yVtuFF NiteVlq .. i., st fir proposals Su •surf:: ce Efg neering Services for c.R 64 ar d CR 41 Intersect°on• ".`roj c P #B1900122 I. Purpose Weld County is requesting proposals for subsurface utility engineering services required so final design of the CR 64 and CR 41 intersection project can be completed. II. General Project Descropti n The project is at the intersection of CR 64 and CR 41. The County is upgrading the intersection with left turn lanes, correct sight distance issues, and replace bridge 64/39A due to road closures associated with railroad crossings. III. Scope, f Services General engineering services: The services will consist of a utilities impact investigation with a subsurface utility engineering report describing the utilities (including oil and gas infrastructure) and agricultur.y I related irrigation pipelines identified and located to a minimum Quality Level B per ASCE 38. Services will also consist of providing pothole information to identify the depth, material, and size of the subsurface infrastructure. A. Pry ject Requirements General Requirements • The consultant will be expected to provide a full range of engineering services and accept project management responsibility at all levels. The Weld County Purchasing Professional Services Selection (Best Value) process describes the consultant selection criteria and method. This document is available for review in the Weld County Code, Chapter 5, Article 4, Section 150C, https://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH5REFl A RTIVPUPO S5-4-150QUSESEPRPRSE. A selection committee shall include Weld County Public Works representatives. Subsurface Utility Engineering Report • A plan set showing the utilities and irrigation pipelines both horizontally and vertically and in relation to the proposed improvements shall be provided. Communications pedestals, meter pits, valve boxes, manholes, vaults, pig stations, etc. shall be shown. Weld County will provide the topographic and survey data that has been collected to the Consultant chosen for to do the work. The Consultant shall provide the location of the control points, location of the benchmark, and the scale factors used in their drawings. The data shall be in the modified State Plane Coordinate System and shall be on the NAVD-88 vertical datum. Existing utilities and irrigation pipelines must be located to a minimum Quality Level B per ASCE 38 in accordance with Senate Bill (S.B.) 18-167, enacted by the General Assembly of the State of Colorado, effective August 8, 2018. All conflicts must be identified on the plans. • Nondestructive digging techniques (i.e. potholes) shall be utilized to determine the precise horizontal and vertical position of the subsurface utilities and irrigation pipelines. The size of the subsurface utilities and irrigation pipelines will be determined. • Coordination including site meetings with all affected utility companies and irrigation pipeline owners will be provided by the Consultant. • A 2019 AutoCAD Civil 3D file showing linework for all subsurface utilities and potholes within the project area shall be provided by the Consultant. • The consultant must provide detailed written monthly progress reports throughout the duration of the design. The progress reports and copies of employee timesheets will be part of the billing submitted monthly. • Upon completion of the Subsurface Utility Engineering Report, the consultant shall provide the County with five (5) copies of the report including 11x17 plan sheets showing the information described above. Electronic copies of the report and CAD drawings shall be provided. The reports 1 and drawing shall be stamped, dated, and signed by a Professional Engineer licensed in the State of Colorado. Project Schedule (Anticipated) 6 Pre -proposal Meeting (Mandatory) Proposals Due at Purchasing Estimated Contract Award August 13, 2019 (10:00 AM) August 29, 2019 (10:00 AM) September 18, 2019 A pre -proposal meeting (Mandatory) will be held on August 13. 2019 (10:00 AIM at the Weld County Public Works Conference Room, located at 1111 H Street, Greeley, Colorado. The project schedule currently anticipates the following milestones: Contract Award Notice to Proceed Complete Subsurface Utility Engineering Report Instructions to C nsultants A. Submittal Requirements September 18, 2019 September 30, 2019 December 23, 2019 Qualified consultants interested in performing the work described in this request for proposals should submit the following information to the County in any order they choose. 1. Qualifications of your firm and staff proposed to perform the work on this project. 2. A list of similar projects completed in the last five years. 3. A list of critical issues that the consultant considers to be of importance for the project. 4. Provide ideas or suggestions on how your firm can meet the proposed schedule. 5. Provide a scope of work for the proposed design and list of associated work items required to complete the work. 6. References from at least three other projects with similar requirements that have involved the staff proposed to work on this project. As part of the reference check process, the County may choose to visit one or more of the listed projects and/or request a copy of the plans and documentation completed. 7. A sample report, plan and profile sheet(s) of a similar project should be included in each submittal. Examples should be 11"x17". 8. Cost and hours to perform the tasks to produce the deliverables are required as part of the submittal. 9. A statement of the Consultant's willingness to enter into the Weld County Standard Contract Agreement included as part of the RFP. 10 Limit the total length of your proposal to a maximum of 15 pages (excluding covers). The County will reject proposals received that are longer than 15 pages in length. The front, back cover plus dividers do not count as one of the 15 pages unless there are pictures and text which supports the report content. Then the dividers and front and back cover sheets will count as part of the 15 pages 11 Submit a total of five copies of your proposal, and one electronic copy (PDF) on a disk. Proposals must be delivered to the Weld County Purchasing Dapartment, P.O. Box 758, 1150 "O" St., Gre,.ley9 CI 80632. Weld County reserves the right to reject any and/or all proposals, to further negotiate with the successful consultant and to waive informalities and minor irregularities in proposals received, and to accept any portion of the proposal if deemed to be in the best interest of Weld County to do so. The total cost of preparation and submission shall be borne by the consultant. All information submitted in response to this request for proposal is public after the Notice of Award has been issued. The consultant should not include as part of the proposal any information which they believe to be a trade secret or other privileged or confidential data. If the consultant wishes to include such material, then the material should be supplied under separate cover and identified as confidential. Entire proposals marked confidential will not be honored. Weld County will endeavor to keep that information confidential, separate and apart from the proposal subject to the provisions of the Colorado Open Records Act or order of court. 2 B. Contacts Questions related to the submittal requirements and procedures should be directed to: Clay Kimmi, P.E. — Project Manager Weld County Public Works 970-400-3741, ckimmi(weldgov.com PART 2 — SELECTION PROCESS V. Selection Criteria and Method The Weld County Purchasing Professional Services Selection process describes the consultant selection criteria and method. This document is available for review in the Weld County Code, Revenue and Finance, Chapter 5, online at https://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH5REFI. A selection committee shall include Weld County Public Works representatives. Selection Criteria. Review and Assessment Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 5.0 Scope of Proposal proposal by methodology the clearly Department. shows to an understanding be used, and final of results the that project are The objectives, desired 5.0 Critical Issues The solutions major proposal issues to those demonstrates associated issues. with the the firm project clearly understands and offers realistic the 4.0 Project Control The design ability appropriate. to manage firm to and insure has the construction The described quality State firm or of has cost. their Federal their a The Quality product. methods procedures firm Control has of demonstrated controlling are used process in -place where their an 4.0 Location/Familiarity Work Project Key team County team's members and the work goals location have of the demonstrated relative Department. to the familiarity project site with location. Weld 15.0 Cost and Work Hours includes Is the consistent project cost, all scores work with tasks the the hours, necessary project highest. and goals? tasks to successfully presented The lowest complete reasonable cost that and the 4 PART 3 ® PROFESSIONAL SERVICES AGR LMENT AGREEMENT FOR PROFESSIONAL SERVICES, BETWEEN WELD COUNTY & SELECTED COMPANY CR 64 & CR 41 INTERSECTION PROJECT **(SAMPLE)** THIS AGREEMENT is made and entered into this _ day of , 2019, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its oard of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and "Selected Company," [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. HEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional s willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in B1900122. The RFP 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 thisAgreement. 2. Service `Er Wrk. 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 t: within the time limits prescribed by County may result in County's decision to withhold payment or to terminate thisAgreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibit A. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Terminatoon. 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 5 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. Extensin or RlodoficaUon. 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. Compensati:•-n/Contract munt. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greaterthan $ which is the bid set forth in Exhibit Z. 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. Mileage may be reimbursed if the provisions of Exhibit A permit such payment at the rate set forth in Exhibit =,. Contract Professional shall not be paid any other expenses unless set forth in this Agreement. 6 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 7 qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance .f SSendces Not a Wahfer. 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 avail,ble 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. On surance and OrndernrnofocaUono Contract Professionals must secure, at or before the time f 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 tern 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 .Ml. Vest 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 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. ONDENINOTY: 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 Darag raph 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 8 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 coverages required of Contract Professional. 9 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 Contract Professional 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 Contract Professional, involving all matters and/or transactions related to this Agreement. The Contract Professional 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.: President, Address: Address: E-mail: Phone: With copy to: Name: Position: Address: Address: E-mail: Phone: 10 County: Name: Clay Kimmi Position: Project Manager Address: 1111 H Street Address: Greeley, CO 80632 E-mail: ckimmk weldgov.com Phone: (970) 400-3741 Don Dunker, P.E. County Engineer 1111 H Street Greeley, CO 80632 ddunkernweldgov.com (970) 400-3749 18. Compliance with Law. Contract Professional shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contract Professionals or persons to perform services of the same or similarnature. 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 AvailaboVity. 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.I.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 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/Jurisdictitn. 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 11 incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event a legal dispute between the parties, Contract Professional agrees that the Weld County District Loud shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-701. 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 obt=.ins actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Attorneys Fees/Leg I 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. 3©. Binding Arbitration Prhibited: 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. 311. offidi&9 Engineering Publication: 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 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 s: -t by these publications. 12 Contract Professional further acknowledges 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 day of _ 2019. CONTRACT PROFESSIONAL: By: Date Name: Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair 13 CR 64 and CR 41 Sub -surface Utility Engineering Services Bid Request No. B1900122 Weld County, Colorado ADDENDUM NUMBER ONE August 22, 2019 The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: A. Contractor Questions and Responses B. Acknowledgment for 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 PROPOSAL. Failure to acknowledge receipt of an ADDENDUM may be cause for rejection of the PROPOSAL. A. CONTRACTOR QUESTIONS AND RESPONSES Question 1: Is the project being federally funded? Answer: No, the project is not being federally funded. Since there are no federal monies involved with the project, there is no DBE goal or requirement. Question 2: My company missed the pre -bid meeting. Can my company still submit a proposal? Answer: The pre -bid meeting was mandatory. Therefore, the only way you can submit a proposal is to team with another company that was at the pre -bid meeting. Question 3: Is the SUE requirement in accordance with ASCE 38-02 and the 811 law or a safety choice by Weld County? Answer: As stated in the RFP, "Existing utilities and irrigation pipelines must be located to a minimum Quality Level B per ASCE 38 in accordance with Senate Bill (S.B.) 18-167, enacted by the General Assembly of the State of Colorado, effective August 8, 2018." In order to obtain the vertical information on the utilities and irrigation pipelines, pothole information is also required. We recognize that the requirement for pothole information exceeds the minimum Quality Level B. Question 4: The delivery requirements for the proposals appear to be a little unclear. Is it acceptable for a courier service or other mail delivery service such as FedEx to deliver the proposal? Answer 4: Yes, it is acceptable for a courier service or other mail delivery service deliver the proposals to the Purchasing Department offices. It is very important to note that all proposals are due at the Purchasing Department offices by 10 a.m. (based on the Purchasing Department Clock). Proposals received after 10 a.m. will not be accepted. Question 5: On normal design projects, Weld County typically adds a contingency pay item known as "Other Professional Services" (OPS). Does this project include an OPS pay item? Answer 5: Yes, this project will have a $7,500 OPS pay item. All cost proposals shall clearly identify the $7,500 OPS pay item. Failure to include the OPS pay item will result in the proposal being rejected by Weld County. Question 6: At the mandatory pre -proposal meeting, it was state that a minimum of 20 potholes were to be included with the proposal. Will 20 potholes be sufficient to provide Weld County with enough vertical information on the depth of the utilities? Answer 6: Upon closer review of the known utilities in the work area, the minimum number of potholes has been increased to 40. All cost proposals shall show a unit cost per pothole (not hours) for a minimum of 40 potholes. Proposals that do not contain unit pricing for 40 potholes may be rejected by Weld County. M:\ —Active Projects\WCR 64 and WCR 41 Intersection\Design\Utilties\B1900122 Addendum 1.doc B. ACKNOWLEDGEMENT FOR RECEIPT OF ADDENDA (Note: This sheet shall not be included in the page count limit for the proposal) The undersigned acknowledges receipt of the following Addenda to the Request for Proposal. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the proposal. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The proposal proposed herein meets all the conditions and specifications set forth in the request for proposal for Request No. B1900122 2. The proposal 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 proposal sheets. 4. The signed proposal submitted, all the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the proposal by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. 5. Weld County reserves the right to reject any and all proposals, to waive any informality in the proposals, and to accept the proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The proposal(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. Prepared By: Clay Kimmi, P.E. Senior Engineer M:\ —Active Projects\WCR 64 and WCR 41 Intersection\Design\Utilties\B1900122 Addendum 1.doc G?1 4 C'r CobbFeridlcy EXHBIT B Cobb, Fendley & Associates; Inc. 87040 Yates Drive, Suite 120 'Nestrninstei. CO 80031 7 20.216,1922 P 1720, 7 87 .4804 f www.cobbfendley.com Representative Sean '\Nolfe. P.U. a STATEMENT OF QUALIFICI TI • IN" Eck -ourt Subsurface Utility Engineering for CR 64 and CR 41 Intersection Project RFQ NO. B1900122 August 29, 2019 10:00 AM Transmittal August28, 2019 Mr. Clay Kimmi, P.E. Project Manager Weld County Public Works 1150 "0" Street Greeley, Colorado 80632 Cobb Fendley RE: Request for Proposals #81900122) Subsurface Utility Engineering Services for CR 64 and CR 41 intersection Project Mr. Kimmi and Members of the Selection Committee: Over the last 39 years, Cobb, Fendley & Associates, Inc. (CobbFendley) has developed a reputation as the go -to Subsurface Utility Engineering Services firm in the markets we serve. We help clients keep their projects on schedule and within budget by providing accurate subsurface utility locations and utility coordination services. Our track record includes more than 2,500 Subsurface Utility Engineering (SUE) projects for such diverse organizations as Departments of Transportation, cities, counties, transit authorities, and private utilities throughout Colorado, Arizona, New Mexico, Utah, and Texas. When CobbFendley was selected as an approved vendor for CDOT in 2016, we made a commitment to our clients and the Front Range communities to provide quality services and develop a successful 'local run' office to support them. We have made good on this commitment and look forward to further expanding our footprint in the area as Weld County's Consultant in Subsurface Utility Engineering. As the authorized representative of CobbFendley, it is my pleasure to present the following qualifications to Weld County, which includes a team of highly capable individuals with experience delivering projects throughout the Four Corners states. As the person authorized to contractually obligate the firm, I confirm CobbFendley's willingness to enter into the Weld County Standard Contract Agreement included in the RFP. Further, I acknowledge receipt of the Addendum No. 1 to the RFP, dated 08/22/2019. Thank you for your consideration of Team CobbFendley. We believe our team has the best combination of technical expertise and local presence to successfully deliver this program and look forward to your favorable evaluation of our qualifications, experience and understanding/approach to implementing this program. Sincerely, COBB, FENDLEY & ASSOCIATES, INC. Sean Wolfe, P.G. Project Principal J Vice President 87040 Sales Drive, Suite 120 j Westminster, CO 80031 I P: 720.218.1822 i F: 720.787.4804 I www.cobbfendley.com Qualifications of Firm and Staff Yo r E rtner ABOUT COBBFENDLEY Cobb, Fendley & Associates, Inc. (CobbFendley) is a multi - disciplined firm of more than 500 professionals established in 1980. The firm has provided Subsurface Utility Engineering (SUE) services on more than 2,500 projects, working with clients and design consultant teams to assess and implement SUE strategies that eliminate utility conflicts and reduce costly construction delays. CobbFendley's Utility Coordination and Design experts maintain working relationships with numerous private utility companies and public agencies and our staff is experienced in implementing city, county, state, and job -specific utility coordination and design procedures. CobbFendley is a Texas Corporation with 18 offices in six states, and is licensed to conduct business in an additional nine states. Our team provides a specialized combination of services designed to expedite delivery of project components critical to the design process. Our expertise focuses on providing highly accurate underground and above ground utility location data to design engineers at a project's outset to minimize interference between utility facilities and design features. Combining survey, engineering, and utility coordination disciplines on a single team allows optimization of resources and early identification of high -priority tasks. The benefits of our approach are tangible — we save clients time and money by streamlining critical tasks. UNDERSTANDING OF SERVICES REQUIRED CobbFendley is prepared to meet the County's request for highly qualified and duly licensed consultants to provide professional SUE Services. CobbFendley provides SUE services for leading private and public -sector clients including Departments of Transportation (DOTs), utility companies and numerous agencies and municipalities. The firm has provided SUE services on thousands of projects, working with clients and design consultant teams to assess and implement SUE strategies that eliminate utility conflicts and reduce costly construction delays. CobbFendley has successfully delivered professional Utility Investigation Services similar to those requested by the County throughout the Mountain Region for MCDOT, Salt River Project, the City of Albuquerque, the City of Santa Fe, the New Mexico DOT, and the City of Aurora, among others. Our Colorado office is supported by our other Mountain Region offices. Available for this County project are twelve (12) utility locating crews and a fleet of eighteen (18) vacuum excavation vehicles. The firm's experience with SUE includes records research and review, preparing notification letters, preparing utility contact lists, meeting with utility owners, utility surveying, surface geophysical investigation, surveying, Geographic Information Systems (GIS), and performing non-destructive air vacuum excavations. PREQUALIFiED Our firm is prequalified with CDOT to provide SUE, Survey, and Civil Engineering A OUR DEDICATED EXPERTS We have assembled a team of experts (shown on next page) to ensure work performed for the County meets or exceeds your expectations for quality, accuracy, and timeliness. The ability to effectively and safely perform SUE services is a direct result of the resources and training of those assigned to complete the tasks. CobbFendley engineers and technicians attend Staking University receive regular training on the latest collection techniques, complete safety training for working in railroad right-of-way and confined space entry, and safety training for working on gas lines. Technicians also receive training in traffic control. Furthermore, our staff are required to undergo continuous safety training weekly and daily based on the expected and experienced hazards of the project. These topics may include: • Working in work/traffic zones 13 Traffic control ® General behavioral safety awareness • Climate/geographic hazards (heat stress, uneven terrain, etc.) • Vehicle handling and driver awareness • Personal protective equipment usage and inspection O Repetitive motions . The general public O Active shooter c' Incident reporting, etc. Page 2 if CobbFendley Statement of Qualifications I Weld County I SUE Services for CR 64 and CR 41 Intersection Project Qualifications of Firm and Staff Organizational Chart PRINCIPAL IN CHARGE PROJECT MANAGER SEAN WOLFE; P.G. UTILITY DESIGN ANDREW MECHAM, PE ' THOMAS HUNT P.E. SURVEY WILLIAM NEISH. PLS OA/OC MANAGER JOE CHERRY FIELD SERVICES RICKY LANE MAC BOWEN 12 FIELD CREWS CADD TECHNICIANS JEFFREY HARPER CHARLES INGRAM 'kE'' tEAM,MEMBERS EXPERIENCE SUMMARY Sean Wolfe, P.G. I Project Principal I Project Manager I Professional Geologist No. 10333 For over two decades, Sean has overseen the execution of successful SUE projects for a variety of clients including municipalities, counties and Departments of Transportation, 2r n} ensuring the on -time delivery and accuracy of client deliverables. L V i years of experience Joe Cherry I QA/QC Manager Joe's two decades of SUE and Utility Locating experience include potholing, field dnati, ecrdesearc, crew supervsion, project , group management. esigngrme Chersrry has beenhinvolved withiprojects in AZ, CAmanagement, NV, CO, and and TX, and [5[� overseen the operations of many SUE projects and on -call contracts. years of experience Andrew Mecham, P.E. I Design Lead I Colorado PE No. 0052305 -"\ Andrew has an extensive background in utility identification, design, and relocation for utility owners, DOTs, transit authorities, local governments and design teams. As a utility G5�5 specialist, his professional focus is on minimizing relocation impacts and costs. years of experience William Neish, PLS I Survey I Colorado PLS No. 38679 Will Neish, P.S., will be in direct responsible cam of survey work completed for Weld County. Will brings a decade of experience overseeing survey work in the mountain region, !� including project management oversight of on -call contracts for the City of Albuquerque, 'U the City of Las Cruces, AMAFCA, SSCAFCA, and Albuquerque Public Schools, as well as years of ten years of NMDOT project experience. i id experience Page 3 CobbFendley Statement of Qualifications I Weld County I SUE Services for CR 64 and CR 41 Intersection Project Qualifications of Firm and Staff SPECIALIZED PROBLEM SOLVING The following project example represents CobbFendley's ability t provide valuable solutions to utility problems and meet constraine schedules: NM 528 Rio Rancho Blvd, I NMDOT I Rio Rancho, NM CobbFendley provided full SUE Levels D through A services f this highway reconstruction project. Many of the existing utilitie in potential conflict with the proposed design, were not able to b marked using traditional SUE techniques and equipment; either du to depth or the toneable nature of the lines. At no additional cos to the DOT or the design consultant, CobbFendley utilized vacuu excavation equipment during the Level B mapping effort to safel excavate large trenches and positively identify a 'clear' path for th design or discover the targeted utilities. These trenches were u to 15 feet wide and 10 feet deep. In addition, 40 SUE Level A tes holes were placed at critical locations. Based on the data provide by CobbFendley, the proposed design was adjusted to avoid th conflicts or the utility owner moved forward with a relocation plan This project was completed wity no delays to construction nor an design changes related to unforeseen utility conflicts. INNOVATIVE IDEAS AND TEAM ADVANTAGES Technologies used for subsurface mapping and 3D Imaging are rapidly advancing. CobbFendley is capable of providing these specialized utility mapping services: Ground Penetrating Radar (GPR), 3D Underground Imaging, camera inspection of gravity lines, and compiling all data in a GIS database. Once in GIS, the data is easily updated, manipulated, and referenced to other data. This GiS information provides a graphical as well as an information snapshot of the utility under investigation. For PS&E purposes, GIS can define a highway network (spatial data that graphically represents the geometry of the highways, i.e. an electronic map) and its geographically referenced component attributes (road, bridge and utility data, socioeconomic data, etc.). Many of these services require a specialized understanding of the geophysical properties of the project area. CobbFendley has the professional experience and knowledge necessary to know when these technologies will be beneficial to the County and how to implement them. CobbFendley is also unique in its depth of services. Because of our familiarity with telecommunications infrastructure, real estate, and development, we were able to assist the NMDOT with a market feasibility analysis of state-owned property and recommendations regarding placement of a cell tower and ground lease terms. This task was authorized under CobbFendley's first on -call contract and work was completed in December 2009. 0 J or If e e m y e p d e y -SUE Equipment:. Qty. Resource 1 Radiodetection 400 3 Radiodetection 1000 _l 3 Radiodetection 4000 11 Radiodetection 8000 10 Radiodetection 8100 2 Ditch Witch Utiliguard Locator 11 ; Schonstedt GA-52CX 12 Sonde with 500' Flexi Rod 5 Metrotech 810 5 Vac Master 3000 Air & Water Vacuum Truck 8 Vac Master 4000 Air & Water Vacuum Truck 1 Vac Master 6000 Air & Water Vacuum Truck 2 Tellus (150 & 200 psi) Trucks 4 Barrel Vacs 4 Mala Easy Locator with Rough Terrain Cart 2 Haloptic Quickview zoom cameras 1 Push camera for small diameter lines 1 Robotic crawler camera for large diameter lines 1 Trimble Laser Scanner 2 Robotic Total Stations '10 Total Stations (includes Topcon) 10 High Order and Standard Levels 10 Data Collectors, Rangers with TDS Survey Pro Software 8 Trimble Receivers, R8, L1/L2 `6 Trimble R8-GNSS-Glomass, L1/L2 - 2 Trimble Trimark Radio Stations -1 Trimble TDL-450H Base Radio - 6 VRS Capable Receivers 2 Aerial Drones - DJI Matrice600 Pro with X5 camera/gimbal & RoninMX gimbal with Panasonic GH4 - DJI Inspire 2 with X5S Zenmuse camera 1 Hydro Drone - SeaFloor HydroneRCV with AutoNav, RTK GPS 8 Trimble TSC3 Collectors 1 Trimble, Geo-Explorer 3 2 Trimble GEO 7x Page 4 / CobbFendley Statement of Qualifications I Weld County I SUE Services for CR 64 and CR 41 Intersection Project Past Project Experience FIRM EXPERIENCE. The firm has provided SUE services on more than 2,500 projects, working with clients and design consultant teams to assess and implement SUE strategies that eliminate utility conflicts and reduce costly construction delays. CobbFendley provides SUE services for leading private and public - sector clients including Departments of Transportation (DOTs), utility companies and numerous agencies and municipalities. The firm has provided SUE services on thousands of projects, working with clients and design consultant teams to assess and implement SUE strategies that eliminate utility conflicts and reduce costly construction delays. CobbFendley has successfully delivered professional Utility Investigation Services similar to those requested by the County throughout the Mountain Region for the Maricopa County Department of Transportation, the Boulder County Department of Transportation, the Salt River Project, the City of Albuquerque, the City of Santa Fe, the New Mexico DOT, and the City of Aurora, among others. Our Colorado office is supported by our other Mountain Region offices. Available for any County projects are twelve (12) utility locating crews and a fleet of eighteen (18) vacuum excavation vehicles. The firm's experience with SUE includes records research and review, preparing notification letters, preparing utility contact lists, meeting with utility owners, utility surveying, surface geophysical investigation, surveying, Geographic Information Systems (GIS), and performing non-destructive air vacuum excavations. PROJECT NAME I CLIENT I LOCATION ..�..._,. _ PROJECT t ELEMENTS QUALM( LEVELS D, C, B, A Niblick Drive Drainage Improvements I Boulder County, Colorado Q Tomah Road (Castle Butte Dr, & Bear Dance Dr.) Drainage Improvements I Douglas County, Colorado'; D, C, B 1-40 Manuelito Canyon Crossing I NMDOT I McKinley County, New Mexico D, C NM 314 and NM 45 Improvements I Pueblo of Islets, New Mexico A Scoping Report for Bridge Replacement over Railroad on NM 566 (CN 6100670) I NMDOT I McKinley Countynm 566, New Mexico tl D, C, B, A NM 68 Roadway Rehabilitation/Reconstruction, Drainage Improvements, and Bridge Rehabilitation/Replacement I NMDOT I Rio Arriba County, New Mexico t� /� �i `�M B US 550 Corridor Improvements I NMDOT I Sandoval County, New Mexico I ® O Q D, C, B, A NM 314 & Courthouse Road (CN A300191) I NMDOT I Los Lunas, New Mexico O O B SR -68 Saratoga Springs to Sillwater Parkway I UDOT I Saratoga Springs, Utah e O O D, C, B, A CR 54 Los Pinos Road All Weather Crossing I Santa Fe County, New Mexico O B KFY To ;YMBOLS. RURAL LOCATION SUE INTERSECTION OIL! GAS PIPELINES IRRIGATION BRIDGE Page 5 a01 CobbFendley Statement of Qualifications I Weld County I SUE Services for CR 64 and CR 41 Intersection Project Past Pro �ct Experience t<'IBL[`CK DRIVE DRS.[NAGE PROJECT j BOULDER COUNTY, COLORADO PROJECT DESCRIPTION To address ongoing drainage issues along Niblick Drive, the Boulder County Transportation Department intends to re -grade the full width of the roadway and add stormwater drainage pipes on the south side of the roadway. The County enlisted CobbFendley to provide subsurface utility information before moving forward with the project's design. Our scope of work included collecting SUE Quality Levels D, C, B, and A utility information to produce a Subsurface Utility Engineering Report signed and sealed by a licensed Professional Engineer, as well as a CAD file depicting the located utilities. Nine test hoes were completed at locations provided by Department engineers. REFERENCE CONTACT Ms. Anne M. Pagano, P.E. I Project Itiiiilementation Manager Boulder County Transportation Department 303.441.39001aRgarv@bouldercounty.org Boulder County contracted CobbFendley to collect subsurface utility information in advance of drainage improvements to Niblick Drive. SCOPHINIG REPORT FOR BRIDGE REPLACEMENT OVER RAILROAD ON NM 566 I NMDOT MCKINLEY COUNTY, NEW MEXICO Detail view of deliverable depicting topographic and utility information. Mr. Hal Byrd, Director of Transportation I WHPacifrc 505.247.02941 HByrd@whpacifrc.com PROJECT DESCRIPTION After years of snow removal activity and normal use left the deck and approaches to NMDOT Bridge # 07157 in poor condition, the Department needed to identify the level of effort required to repair the bridge by soliciting a detailed scoping report. As part of the team selected to prepare the report, CobbFendley provided location and topographic survey information for the entire project limits suitable for planning and design, including existing fixed right- of-way mapping and preliminary ownership information as well as the location of all fences, structures, utilities, signs, and break lines within the project limits. Detailed topographic data was collected using a combination of aerial photogrammetry, terrestrial LiDAR, and conventional surveying methodologies, which allowed crews to scan bridge and railroad structures safely and without the need for traffic diversion. The NMDOT later modified the contract to include PS&E Design Plans and Production Plans, for which CobbFendley provided SUE Quality Level B Utility Designation Services, collecting the horizontal location of existing utilities and providing the design engineer with: • A CAD map depicting existing utilities in NMDOT standard format O A list of known utility owners with contact information • Existing utilities plan sheets Page 6 rr CobbFendley Statement of Qualifications r Weld County I SUE Services for CR 64 and CR 41 Intersection Project Past Project Experience US 550 NM 313 TO NM 528 (CN A301232) I NMDOT BERNALILLO, NEW MEXICO PROJECT DESCRIPTION Our involvement in this milestone NMDOT project extends to the Phase 1A Initial Evaluation of Alternatives completed in 2014. Since our initial SUE Level D records research and plotting of existing utilities, our involvement and scope of services has expanded with each subsequent project phase to include utility designating, utility locating, utility coordination, and utility certification as a project subconsultant; working directly for affected utilities to provide utility location, surveying, and relocation and permitting services; and working with surrounding municipalities to accommodate the project's progressing design, Phase A * Records research to establish location and ownership of existing utilities. Phase B • Correlation of information collected in Phase A with surveyed surface -visible features. • Utility designation to obtain accurate horizontal locations of underground and overhead utilities. Phase D * Utility locating by excavating test holes at 20 locations provided by Parametrix. * Surveying services including GPS Control, supplemental Location Surveys, Fixed Right -of -Way Mapping, development of Monumentation Maps, and title report updates. * Utility Coordination including developing NMDOT Utility Certifications and draft Notice to Contractor Statements. REFERENCECONTACT NMD 3i Jtlit s eetC 505:798.16081 Deansema@state.nm.us Ancillary Services • Town of Bernalillo: Provided utility locating and surveying services at 3 locations specified by the design engineer to facilitate relocation of municipal water and sanitary sewer line necessitated by the project. • NM Gas: Assisted the utility with utility locating information for a 20" gas line affected by the project; provided as -built survey services for development of NMDOT permit exhibits for 20" gas line and 2" gas line within NMDOT right-of- way. • Zayo Group: Acted as owner's representative at NMDOT utility coordination meetings, provided relocation design services to minimize impacts. Page 7 Q CobbFondley Statement of qualifications I Weld County SIZE Services for CR 64 and CR 4t Intersection Project Understanding_and Noproach SCOPE OF IN RK: Cis 41 AND C 64 CobbFendley is pleased to provide this proposal for the Subsurface Utility Engineering (SUE) services associated with the project referenced above. The proposed Scope of Services and Basis of Compensation are outlined below. All SUE services will be completed in accordance with ASCE 38-02 and Colorado SB 18- 167. Project limits: The intersection of CR 41 and CR 64, to include approx. 1 -mile portion of CR 41 and approx. .75 -mile portion of CR 64, Weld County, Colorado; as shown in Figure A. The project area encompasses roughly 9,240 linear feet of roadway. Estimating five utilities within these limits, this proposal includes 46,200 linear feet of utilities to be included in the SUE investigation. Due to the small footprint of this project, the fee below is considered a lump sum for SUE Level B services, regardless of footage count. Test holes can be pro -rated based on quantity completed. I FIGURE A: PROJECT LU VilTS SCOPE OF SERVICES -SUE LEVEL 0, C, AND B SERVICES. As early as possible, CobbFendley will identify utility owners affected by the project and perform record research with each to obtain the most up to date as built information available; SUE Level D services. CobbFendley's SUE Technicians will perform field investigations to identify all affected utility owners and above ground visible features (SUE Level C Services). Information obtained from the utility owners includes: one -call information, utility as-builts, construction drawings, verbal recollections, conduit maps, etc. CobbFendley will also utilize this initial contact with utility owners to notify them of the project and begin building a utility coordination contact list. Surveying associated with SUE Level C services will be completed during SUE Level B field operations. - FOUR QUALM LEVELS OF SUE SERVICES Compile a drawing of all utilities based on collected record info. Take drawings generated in Level D for on -site observation to resolve conflicts between records and utility indicators discovered. After collection of available record information, existing toneable utilities will be 'designated' within the described project limits; SUE Level B services, CobbFendley will coordinate with Weld County should utilities exist outside of the current right-of-way and require mapping services. A utility composite drawing, created by Cobrkendley, will be provided to Weld County in AutoCAD C3D as per the County's CAD/Survey Guidelines. Designate means to record and mark the horizontal location of the existing toneable utility facilities and their service laterals to existing • Physically designate underground utilities using non-destructive geophysical techniques and survey to project control datum. Expose the underground utilities to obtain precise horizontal and vertical information, Restore surface to original condition. Page 8 >i CobbFendley Statement of Qualifications j Weld County l SUE Services for CR 64 and CR 41 intersection Project Understanding and Approach buildings using non-destructive surface geophysical techniques. A non -water base paint, utilizing the APWA color code scheme, will be used on all surface markings of underground utilities. Designated utilities & above ground utility appurtenances will be surveyed and tied to horizontal project control. CobbFendley will correlate utility owner records with designating data and resolve discrepancies using professional judgment. CobbFendley will develop an existing utility drawing ffe depicting utilities shown to appropriate quality levels, utility ownernames, line sizes and subsurface utility locate (test hole) locations if applicable. It is understood by both CobbFendley and Boulder County that the line sizes of designated utility facilities detailed on the deliverable are from the best available records and that an actual line size is normally determined from a test hole through vacuum excavation, A note will be placed on the designate deliverable that states "lines sizes are from best available records". This information will be provided in AutoCAD or Microstation format. All surveying associated with SUE Services will be completed by CobbFendley. FEE FOR SUE LEVEL D, C & B SERVICES: $26,400.00 (Fee includes all personnel & equipment necessary to complete SUE Level B, C, and D services in the described limits. Breakdown of this fee can be found in Attachment "B") SUE LEVEL A: UTILITY TEST HOLES. Weld County can utilize the SUE Level B drawing described above to determine potential conflicts and test hole locations. Once selected, CobbFendley will use its' vacuum excavation trucks to safely remove material at each test hole location and record the utility type, size, material, depth to top, general condition and configuration. Test hole is then backfilled and surface material repaired to project specifications, For each completed test hole we will seta reference point and tie the vertical and horizontal location to this point. Completed test holes will be surveyed by CobbFendley. For each completed test hole, we will develop a test hole data form and update the utility composite drawing. FEE FOR SUE LEVEL A SERVICES: $30,400.00 (Fee includes all necessary personnel & equipment necessary to complete up to 40 SUE Level A Test Holes. Permitting/Barricading will be completed or contracted by CobbFendley within the fee above.) CobbFendley personnel are certified in work zone safety and confined space entry. Permitting and standard traffic control is performed by CobbFendley and is included in our standard rates. Should 'non-standard' traffic control be required (lane closure, police officer present, night work, arrow board, etc..,) these services will be contracted with a Weld County approved barricading company. All Subsurface Utility Engineering services are completed by CobbFendley employees and the work is 2 Internal SUE Project Kickoff Meeting including roles and responsibilities, and Scope Defined Checklist Provide records to SUE technicians 4 Sketches of designation work and photos of utility test holes by SUE technicians GPS survey of markings completed simultaneously with utility designation OR Sketches and photos provided to survey crew SUE technician meets with surveyor to discuss project field markings 6 f CADD Operator provided sketches and photos 7 I SUE CADD checklist SUE technician reviews SUE CADD drawings and verifies transfer of survey data 9 Field verification of drawings by Project Manager 10 { Verification of utility records by Project Manager 11 Confirmation that the scope of services has been met 12 SUE Project Manager Checklist Independent review by engineer not associated with the project performed in accordance with ASCE 38/02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data) and Colorado SB 18-167. CRITICAL ISSUES • The accurate location of existing utilities is paramount in the SUE process; therefore, the overriding Critical Issue (outside of Safety Concerns) is the accurate depiction of existing utility infrastructure. • Safety for CobbFendley personnel and the general public is often overlooked on a small project such as this. We will address any potential safety issues during the project Kick- off, and during days on site, complete a daily Job Hazard Analysis form to be part of the final project information. • Sensitivity to residential area: from work hours to marking paint, CobbFendley will be sensitive to the local residents and their families. We will work between the hours of 8 am and 4 pm so as not to disturb people outside of normal work hours. In addition, CobbFendley will utilize a water based marking paint (if approved by Weld County). This paint will last long Page 9 n#, CobbFendley Statement of Qualifications !Weld County I SUE Services for CR 64 and CR 41 Intersection Project Understand jflg and AQaoach enough during the SUE process to survey and record the utility locations, but typically washes away after a good rain event. e As noted in the approach, CobbFendley will only mark utilities in the public right of way. Should utilities exist outside of the apparent right of way, we will coordinate with Weld County to obtain the necessary rights of entry prior to setting foot on residential homeowner's private property. Appropriate traffic control is critical to mitigate potential hazards to traffic and field personnel due to narrowness of the roadway, steep shoulders, and the 45 -mph speed limit, and to maintain safe and efficient movement of traffic through work zones. ® Coordination with crude oil and natural gas pipelines to obtain as -built information. ® Special attention to private irrigation lines o Possible vision impairment due to grade slope between intersection and bridge for drivers traveling in westerly direction. STRATEWES FOR filifiEETING PROJECT SCHEDULE The proposed project manager and key task leads have a proven track record of delivering successful projects for multiple clients and draw from CobbFendley's vast resources to handle multiple tasks and work authorizations by delegating teams to each assignment. As tasks are assigned to the team, a work plan is developed by the project manager to allocate personnel, as needed, to meet the scope and schedule required by the client. When a project commences, the project manager holds a kick-off meeting with the team members to discuss the project scope, schedule, and client guidelines. information detailing these items is placed in an electronic location for all team members to access, as well as a project tracking spreadsheet, which shows the status of each node on the project. On a weekly basis, or as the project schedule requires, the project manager meets with the task leads and team members to verify that the project scope and schedule are being followed and to make adjustments, if necessary, including adding resources to the project. The project manager will have weekly progress meetings with the County team on the status of the project. akiN EINE A subject matter expert assigned as an independent reviewer periodically checks the project to verify that the appropriate client guidelines and scope are being followed. We feel communication among team members is as vital to a project as the technical knowledge and experience of the team. Project Manager Sean Wolfe and key task leads were selected based on their skills and proven ability to bring teams together and enforce communication. In addition, CobbFendley will utilize up-to-date equipment and feature codes that automate the production process. OUR METHODS ARE A RESULT OF OUR DECADES OF EXPERIENCE CobbFendley is proud of its reputation for meeting schedules and completing projects on -time and within the established budget. CobbFendley has been responding to contracts for Maricopa County DOT, TxDOT, University of New Mexico, NMDOT, UDOT, City of Albuquerque, and the Southern Sandoval County Arroyo Flood Control District — as well as public agencies and utilities throughout the Southwest — since 1997. We understand the challenges around quick deployment to respond to work requests and have structured our operations and management approach to meet them, The fact that the majority of the firm's business comes from repeat clients is a direct result of the satisfaction of our clients. Our clients continue to utilize our SUE expertise due to our depth of experience, customer service, and dependability. Page 10 CobbFendley Statement of Qualifications I Weld County I SUE Services for CR 64 and CR 41 Intersection Project Classification Rate Unit Quantity Cost Principal $ 210,00 Hour $0.00 Senior Project Manager $ 19000 Hour 4 $760.00 Projecct Manager $ 175,00 Hour 12 $2,100.00 Project Engineer II $ 130.00 Hour $0.00 Project Engineer I $ 110.00 Hour $O.OD Technician III $ 105.00 Hour 30 $3,150.00 Technician II $ 95.00 Hour 60 $5,700.00 Technician I $ 85,00 Hour 60 $5,100.00 RPLS $ 165,00 Hour 4 $660.00 3 -Man Suvey Crew $ 160.00 Hour $0.00 2 -Man Survey Crew $ 160.00 Hour $0.00 1 -Man Survey Crew $ 110.00 Hour 12 $1,320.00 2 -Man UAV Drone Crew $ 225,00 Hour $0.00 2 -Man Hy -Drone Crew $ 325.00 Hour $0.00 Utility Coordinator $ 150,00 Hour $0.00 Utility Specialist $ 130.00 Hour 8 $1,040.00 GIS Manager $ 150.00 Hour $0.00 GIS Analyst $ 100,00 Hour $0.00 Right of Way PM $ 160.00 Hour $0.00 Right of Way Attorney $ 150.00 Hour $0.00 Sr. Right of Way Agent $ 135.00 Hour $0.00 RI$ht of Way ,Arent $ 115.00 Hour $0.00 IT Project Manager $ 150.00 Hour $0.00 IT Technician $ 95.00 Hour $0.00 Administrative $ 95.00 Hoer 40.00 Clerical 70. $ 00 Hour 2 $140.00 GPS $ 25.00 Hour 12 $300.00 DIRECT EXPENSES Unit Cost Unit Quantity Cost Per Diem (not inc. hotel) $36.00 Per person/day $0.00 Reasonable Out of To Expenses At Cost Per Day $0.00 Courier, Special Equipment Rental 'At Cos t+ to% Per Hour $0.00 Ovemght Deliveries : At Co I Per Each $0.00 Consultant or Specialty Contractor Al Cos 0% Per Each $0.00 CADD Plotting $3.00 Per Sq. Ft. $0.00 Digital Ddho Plots $3.00 Per Sq. Pt $0.00 Paper Copies ( up to 11" x 17") $0.15 Per Sheet $0.00 Colo rPrints(up to1l"x17") $1.50 Per Sheet 50 $75.00 Mileage IRS Approved Rate Per mile $0.00 SUE Level A Quantity Cost SUE Level A Test Holes $660.00 Each 40 $26,400.00 Barricading / Tratttic Control $100.00 Each 40 $4,000.00 Other Professional Services (R raced) $7,500.00 I $7,500.00 SUE Levei 0 - Hourly Total $20,270.00 Direct Expenses Total $75.00 OPS (if required & approved) $7,500.00 SUE Level A - Unit Rate Total $30,400.00 TOTAL $58,245.00 Page 11 r{P CobbFendley Statement of Qualifications I Weld County I SUE Services for CR 64 and CR 41 Intersection Project Sample Deliverables PROJECT L.sCKI ION SAN JUAN CI BO L.A SOCORRO F $4CCrlaw SIERRA • c..Ainriitcas GRANT : rtat�aw _.- HIDALGO ci vF W1.3. ak1..4.14 A MIGUEC' CfAV K J �la1 I BE LAI PUBUC BARCELONA ROAD PHASE II EXISTING UTILITIES SUE LEVEL D - A 4•4•4,444,44,A446444444.4 401,4444 4' 4, COLFAX .41 1171. Winn i" $AiiLJ,POA 'r^"�'E ..yttarus% , HEIt DaBA , Ii.SC I. . 00 ELT CHAVE.S VICINITY MAP_ N.I.S. 011 ' r • . • r } V (hover Old •,N 4•444".44•40e4m44044004•4 4,4.44 • • • rt.,;ft iis A':,. SW f 1 i 1 .iriot.ti Iles :;%y Arenal Hre,t •q Val Af..tt'.ct'inaa H: ,.e 419531( r 6: N xrelle.010 A u 'tla ia:a, 61 +uph .Saw:A plan ;td Grr:.'•iron; IYt Del J7'1ri..;,V t' 1?tr1 . SaSai ,:r SW SITE LOCATION MAP N.T.M. a._ ..ww.w nm mn!... hn w..w m... nt. ,.,.v..'vS Wen.mww n...w^'m......m'.vhv 1.y..'wpWrv...!.eqe,NTmxwWA.NI..e.3MtpA,in•MpYRie{.M4t((NM\WWRY.KA1411tbW'M ti(WW..tiv,4I.M4W.M.'44WM.A1.httoili(Aw q,Y .e +(itesMN'n.+awa.x t . w .t. , M......uww . Page 12 :*' CobbFendley Statement of Qualifications I Weld County I SUE Services for CR 64 and CR 41 Intersection Project c,._ ssx[cC rino i i ...................s.....3ef,..;.. S^r; is t:iiW sell ul]!6.^,svt Ann e Fe dley 3426 Aertdarry VArkwAy NvtJr Albuquerque, NM 67'1l)L 505.508.0786 t fa, 9U&.9U8.U827 I wwts.cveerineney,1'.om BARCELONA ROAD PHASE II EXISTING UTILITIES SUE LEVEL D - A 4"""W-""*. "'"cMWtVM.We-4.-w *,-...q...WMti.'H!tx.-- • •Ae.fp(\.<\U---.,..--FeR..m,----e....:<wwa-...11`M'..M^.`....... Sample Deliverables +e.o.o (2)/ E. F SUENUfes Swp, vinri: forStE thawywotwoludos Dualriy Loyd D pan R Ewalt. TapaNduninW WNnand tmbaes and SuNey S ah ml m=ama brm le included ap pea of Colds a loya sm... RI tPe/TT 7,3 :: -ft e4.1ct Pun, ..c., e - a e t a. en n� z 20. Tan Caw c BARCELONA RA cJ N,I.. SIiC LEVEN ; ADD "T)' UTILITIES ARE TAKEN FROM RECORDESEARCH. VIIIOLE SURFACE PECIIIRPS,.. AND PERSONAL L TESTIMONY FROM UTILITY REPAEEHNTAI NES, DUE 10 TRW TATIONS -ELL IRONIC LOCATING EO'IPRENI, IEVEL:WIIIIAT'T LINES MAY NOT EE ACCURATE IN CONGESTED RHEAS a ALL PIPE. SEES WERE TAKEN EROS RECORDS' WHERE PASSIONS h MANY HON MLTALNC UTILITIES UTIUZEAURACER WIRE:SYSTEM, IN RICAN CASES. I HE. TAMGET DRUID WAS. NOT DEEIGNATED, NUT RATHER THE TRACER WIRE DINED wrrH THE '1 ,ODPEREN ES MAY PAST BETWEEN THE TRACER WIRE AND THE ACTUAL U(ILIT,' LOCATION, UNLESS NOTED, UTILITIES CONTINUE EAST RWY ROW :Naha We odor Mesh AOIc&I l)w o/L'rxv. _'.VllhR4 ere l:WllvdliaLr:chew s alwblpeADrarords tI@-I>n,Fei,: hbkm..O y J m, weaned m ri falua nul+ UTvm p Tea ahrme Wn lUIbfoAlw pnb We ANDirvstipn and r�i tblt= a. ml deft dearwave eurkton W phyuloal mehada, WNW Irrrrcabuee erv;EL=renowlio sa;a N,. Ilabohlunwannal rohpang I data. Thic inflame. le .fimuu nN..,si ,.r eNT0 apyr,...susieyF+'.:m, Page 13 Cob6Fendiey Statement of Qualifications I Weld County I SUE Services for CR'.64 and CR 41 Intersection Project rlprn mau - n. ItIKII-0.,e1 wear roara ram JTiL.^. f / SORVES' LEGEND CobbFendley N.acwenly Ranw.rr Ntxm N.fi. Albuquerque, New Next* BARCELONA ROAD PHASE II EXISTING UTILITIES SUE LEVEL D - A Sample I ,f) B.M. Northing: Remarks FOUND A 0.10 DSC TELEPHONE LINE 2.80 N. OF TEST HOLE DEPTH WAS 2.55 Project Name Project No. Location TEST HOLE DATA TEST HOLE DATA SHEET 1706-022-03 A. Northing ...� ___._._,_•.�....••��_67156w3 ._..,._._ _� Easting 1504125.86 B. Depth of Utility _..-. ,11.,).3.55' 1,,, 24419' C. Reference Marker (RM) Rabat/yap Elevation @ RM 492937 D. Elev. @ Top of Utility (.144.9,25.121%)..4225.418_. E. Elev. @ Bottom of Utility 0.)4924:73./L214924.98 :(CAlc.) F. Width or Dia. of Utility U pia` 1(x .4.. '_ --_. _ G. Material of Utility PVC / PVC - H. General Condition •-- Good I. Thickness of Pvmt. - - Base, etc. _ _.___ NJA._ ... _.. _. . J. Description of Soil • - ---�•- TOP Test Hole No. Utility Date Weather 1 I - role- ..._.,:....4, 00 - p<....::s.:,,,. fO;} F0 4 OH °HU _n,._ OHU • JHu — : •HU OHLI OHU B.M. �CPt2j _ - Elev.=..4�.7.�� Description Northing: � 46715623 _ Easting: Description Easting: . - ......• _..-_..-.. CobbFen±ey 3820 Academ Parkwa No h N Academy y North E Albuquerque, NM 87109 O:505.508.0786, F:505.508.0837 _Tele,PbQne 4/28....L.?d�_� _•..�, _._.... __..... .$fanny.. ... .._. PROFILE FACING _..E 'TH 6 RB/PC -' �; : A . • 0.33' PVC Telephone (3) / 0.20' PVC Telephone ; C - ♦ 5 .1 ';As ,'rt.. f.. r• i �,-_-. r.. __.. }.j -I.... F:01 r.__ E0, _ -. F91 +w'-''...7i^`t' :'1. OHU n-- OHU OHU -- OHU — OHU ° PLAN Scale 1" = 30' #5 REBAR VV/ CAP 1505329.09 L.E.Q.END SEE PLAN SHEETS ,...•••••• ._ .••••••••••• _.. ... ,-'..__ .. .M,..,.. SUBSURFACE UTILITY ENGINEERING j Page 14 :IP CobbFendley Statement of Qualifications I Weld County I SUE Services for CR 64. and CR 41 Intersection Project Project Name Project No. Location __ _ _. — . -_ ...— .. _ �..— ..._.m.- _.___. TEST HOLE DATA SHEET .� Ba.rcelQjja Rd. Ph_II w _ _ n........ - 1 .w .0.:2"'Aw.1..,uw`3..rw.vn..ra.u.w.........r...r_....__-.�.r - TEST HOLE DATA A. Northing Easting B. Depth of Utility C. Reference Marker (RM) Elevation @ RM D. Elev. @ Top of Utility _ E. Elev. @ Bottom of Utility F. Width or Dia. of Utility G. Material of Utility H. General Condition I. Thickness of Pvmt. •••• Base, etc. _....... __._ _ 15.05485..93 Babiatir.caa. 4932,20 J. Description of Soil X26. �.2....._-,.�..�._.._•_ 4928.87 (Calc.) ..Dkect B)td t Gable.._._...._.. Good ..._ _ _ _ _ _.ild L R•Ic __ r. s.• •.., ...,....Errr.,.,....l. .i:ra -I.- Ye- Ye-.. ... Fog ' ° i..O1 ,r... •.: l..i) OHU •--•-• OHU--_...•- TOP f -------- I «..;c ,- t ........ Hit-- OH r TH 7 RB/PC 0.05' Direct Buried Cable Telephone C - 3.28' Test Hole No. Utility Date Weather a rf ofriu PLAN Scale 1" = 30' B.M. ---. CP-27 Elev.= 4),91457______ Description __.__EtR .K3.:tnIS. _..._.. Northing; 9467156.:73 ._.� ..._.Easting: _.._..._?.59 .1.2.9 .... _ .._ B.M.._.. ... Elev.=_.._ .. _ _-.- Description Northing: •_.__�_ _._ -. Easting: . Remarks <Ria i MI WWI obendie sago Academy Parkway North NE Albuquerque, NM 87109 0:505.508.0786, F:505,508.0837 07 . TetepbQn .._..,._..__ w..._.. . 4! 1.5.I29?8 _ _gunny _......_ mom•. ..•-. PROFILE FACING ...N. Cl.. • r E.Q1 T • .. . • _... _,. .,w4. SEE PLAN SHEETS SUBSURFACE UTILITY ENGINEERING Sample Deliverables TEST HOLE DATA SHEET Project Name .. _ .. .. B ice o Rd, Ph It, Project No. 1-706-022-03 Location ..___ ...._._..� gSrcELetf5,.E _.,.., TEST HOLE DATA A. Northing _.._ Easting _....____-__ .4,76 B. Depth of Utility.._..__3.1H'-,.--_._ C. Reference Marker (RM) _Rebar/ Cap _ Elevation @ RM .4930.66 _._______ D. Elev. @ Top of Utility(t)492,7„6./ (2.) 4927.,„41_ E. Elev. @ Bottom of Utility )`.x 5/ (/2 i Cate.) F. Width or Dia, of Utility (1_) 033' / (7 ) 0 90' G, Material of Utility -------.-.-PVC1 POLY___.,._ H. General Condition Good ______ I. Thickness of Pvmt.----------.N/A- Base, etc..—.... J. Description of Soil f 4 Test Hole No. Utility Date Weather CobbFendley 3820 Academy Parkway "North NE Albuquerque, NM 87109 0:505.508.0786, F.505.505.0837 ___ Tet8Etbor�_ 4/17/2018 TOP PROFILE FACING TH 4 RB/PC 0.33' PVC Telephone(3) / 0.20' POLY UNK: C-3.10'/3.18'' _ PLAN Scale717 B.M.._._F-z7 _Elev = AN,a. .__ Description _. #5 RE8AR WI CAP Northing:,, -746713`6.73 Easting: 1505329.09 Elev =._ — Description ..._...__..___ ..............__ Northing- _ . ._ Easting: ,_._._......__._.__, Remarks _ ALSO CAME ACROSS A 0.20' POLY UNK LINE DEPTH WAS 3.18' LEGEND SEE PLAN SHEETS 0 ohe 0 F01 SUBSURFACE UTILITY ENGINEERING Page 15 4. CobbFendley Statement of Ruabfcations I Weld County I SUE Services for CR 64 and CR 41 Intersection Project TEST HOLE DATA SHEET Project Name . _ike10elona Rd. Ph I( Project No. 1_716-022-03 Location �.—,.._ Li6fS&19.88.R.d, TEST HOLE DATA A. Northing . ___ __._.__1451161-65 Fasting _ 1504,"6X'37..__ B. Depth of Utility (1.) 2.83 / (2,13.26' C. Reference Marker (RM)__—Na11.Di c Elevation @ RM _ 4930.06 D. Elev. @ Top of Utility (it.402L23.L(2,14926.90 E. Elev. @ Bottom of Utility .11.11M93/P+926.60 (Cats.) F. Width or Dia. of Utility W 0-20' 1(2 ) n err G. Material of Utility----LNcapped51ael1PY.� H. General Condition -------.I. Thickness of Pvmt. ---,--ASP-ba,L Base, etc. --.— J. Description of Soil -- F3f111..R0c L I —y1J) rGNU .... 0H0 I CobbFendle 3820 Academy Parkway North NE Albuquerque, NM 87109 0:505.508.0786, F:505.508.0837 Test Hole No. _ Utility Gas & CATV Date _ Weather TOP PROFILE FACING E TH 3A RB/PC 10' Asbestos Concrete Water C - 3.47 F.., a 1vM 9°t " G/WA YFt -s 0.20' Wrapped Steel Gas / 0.20' PVC CATV es -2.83' / 3.26' `..._._..._...A 1" 0 3 7 .__.. __._. PLAN Scale 1" = 30' _. __PP -27 Elev.= 4934 57 Description - _# L.DLSP . ........,,._ Northing: 1467109.73______—Easting: 1.SA,5.32909 B.M. .__w._. Elev.= _Description Northing:--,__—_, Easting: Remarks TH 3 RB/PC 0.05' Direct Buried Cable Telephone(2) C - 1.65' x O TH 1 MAGNVSHR n -"0.33' PVC Fiber Optic(4)'^ TH 2 PVC T'- - " C - 2.75'13.65' 0.33' PVC Telephone(3) / C 18' x SEE PLAN SHEETS SUBSURFACE UTILITY ENGINEERING New Contract Reques Entity Information Entity Name COBB FENDLEY ❑ New Entity? SUBSURFACE UTILITY ENGINEERING SERVICES FOR CR 64 3141 & CR 41 INTERSECTION PROJECT Contract Status CTB REVIEW Contract Leadl' CKIMMf I Contract Lead Email Glsrmmipco.weld _co_us act Name Contract ID Parent Contract ID Requires Board Approval YES Department Project # GR-46 Contract Description A PROFESSIONAL SERVICES CONTRACT FOR LOCATING SUBSURFACE UTILITIES IN ACCORDANCE WITH S.B, 18-167 ENACTED BY THE COLORADO GENERAL ASSEMBLY, AUGUST 8. 2019 Contract Description 2 51900122, BOCC AWARDED BID ON SEPTEMBER 18.2019_ Contract Type* CONTRACT Amount* $58,245.00 Renewable* NO Automatic Renewal NO Grant NO County Attorney [mail ICA BGI-fOATE@CO.WELD_CO.US NO Department P'U'BLIC WORKS Department Email CM- PublicW-ne dgov.c m Department Head Email CM-PubkWorks- DeptHead@weldgovOM County Attorney BOB CHOATE Requested MCC Agenda Date 09/30/2019 Due Date 09/26/2019 Will a work session with BOCC be requir NO Does Contract require Purchasing Dept. to be included? YES Bid /RFP # * B1900122 1 this is a renewal enter previous Contract !D If this is part of a enter MSA Contract Ii) Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Onaase Contract Dates Effective Date Review Dates Reneaval Date 09123/2019 Termination Notice Period Committed Delivery Date Expiration Date* 12/31/2019 Contact infotmaticm Contact info Conte Name ng kin CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 0'' '25/2019 al Ap 8oCC Approved C Signed Elate C Originator Cy N1��i Contact Type Contact Email Finance Approver CONSENT Contact Phone I Contact Phone 2 Purchasing Approved Date 09125/2019 finance Approved elate 09/25/2019 Tyler Ref # CONSENT Legal Counsel CONSENT Legal Counsel Approved Date 09/2512019 MEMORANDUM Date: September 12, 2019 To: Rose Everett, Buyer, Purchasing From: Clay Kimmi, Project Manager, Public Works RE: CR 64 and CR 41 Intersection Project — Subsurface Utility Engineering Services, B1900122 Public Works has conducted a Best Value selection process to select a consultant to perform the Subsurface Utility Engineering (SUE) for this project. A team comprised of Don Dunker, Rob Turf, Matt Laporte, Hayley Balzano, and Clay Kimmi reviewed and scored the original four (4) consultants that responded to the Request for Proposals. See attached ranking summary. A final fee amount of $58,245.00 has been submitted by Cobb, Fendley, and Associates, along with their final scope proposal. The primary aspect of this portion of the project is to perform subsurface utility engineering to locate all buried irrigation, pipeline, and utilities within the CR 64 and CR 41 Intersection work area. The location services will be done in accordance with Senate Bill 18-167 which was enacted by the General Assembly of the State of Colorado, effective August 8, 2018. The total project budget for the SUE was between $50,000 and $75,000. The proposed cost of $58,245.00 is within the SUE budget. It is our recommendation to award the SUE contract to Cobb Fendley, & Associates, Inc. for a total amount of $58,245.00. Weld County Public Works Department has worked successfully with this Consultant on past projects and believe that the design contract amount is reasonable. 947 aoi9_ ‘39i8 c 0o76, CR 64& C 1 SUE Invest gat Date: 09/10/19 * n Corr fmfttee Members s Total Scoring RFQ Summary HB CK ML RT DD Cobb Findley 3 1 1 1 1 7 Non -responsive bid 0 C5" � 1 ' 'I Sw ( ,J �. Maser 4 3 4 4 4 19 ..::.. l ; e'lc 1 4 3 3 3 14 umunwa »m n uw ... .. ... .. tlli p Non -responsive bid 0 , k� � F'x s'v, 6 2 2 _ 2 2 2 10 0 Low score is best 1 4 3 2 WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpetersOweldgov.com E-mail: revereft weldgov.com E-mail: rturMweldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: AUGUST 29, 2019 REQUEST FOR: SUBSURFACE UTILITY ENGINEERING SERVICES FOR CR 64 & CR 41 INTERSECTION DEPARTMENT: PUBLIC WORKS BID NO: #B1900122 PRESENT DATE: SEPTEMBER 4, 2019 APPROVAL DATE: SEPTEMBER 18, 2019 VENDORS BASELINE ENGINEERING CORPORATION 4007 S. LINCOLN AVE, #405 LOVELAND, CO 80537 COBB, FENDLEY & ASSOCIATES, INC. 87040 YATES DR, STE 120 WESTMINSTER, CO 80031 KINETIC INDUSTRY 700 AUTOMATION DR, STE H WINDSOR, CO 80550 MASER CONSULTING P.A. 7110 W JEFFERSON AVE, STE 100 LAKEWOOD, CO 80235 REJECTED PROPOSALS RECONN 9682 HANOVER CT W HENDERSON, CO 80640 UTILITY MAPPING SERVICES, INC. 15065 W 44TH AVE GOLDEN, CO 80403 THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE PROPOSALS. 09/0 4 2019-3918 £,CEOo7 2 Hello