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Home My WebLink About20150181.tiff MEMORANDUM ' ra6r _ Date: March 12, 2015 v O U N T Y To: Board of County Commissioners (BOCC) From: Matt LaPorte, P.E., Engineer III RE: Bid Request No. B1500028 BOCC Pass Around Date March 12, 2015 The Public Works Department provided a Request for Proposals (RFP) for engineering services for the design of three segments of HRP roadway; WCR 13 between WCR 38 and WCR 42; WCR 19 between WCR 8 and WCR 12.5 and WCR 126 from the 1-25 Frontage Road to WCR 17. Public Works has completed the engineering consultant selection process associated with the design of this project. The "best-value" selection process was followed. Baseline Engineering Consulting Firm submitted the best proposal with the lowest responsible cost of $254,074.00. Public Works received approval from the BOCC on February 18th to work with Baseline Engineering to get an agreement signed for this work. Baseline Engineering has provided the fee agreement and signed Agreement for Professional Services. The submitted bids have been reviewed for errors and completeness. No errors or discrepancies were apparent in the bid. The selection committee is recommending award for engineering services to Baseline Corporation in the amount of $254,074. The overall project budget of $4,963 ,027 is being partially funded by a grant from DOLA in the amount of $2,000,000, which can be used for reimbursement to Weld County for both Design and Construction costs. Staff requests the BOCC Chair signature on the Professional Service Agreement, of which Exhibit A is a copy of the RFP. eernatinia, CC : P(A) (!Q L1GC O2O15- Ol f l 3 - i8 - .206 o3 - /9- 6Gacv� 1 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: RFP Request No. B1500028—Awa ' of Contract Design Services Harp(HRP)#1 DOLA Grant DEPARTMENT: PUBLIC WORKS DATE: 3/2/2015 PERSON(S) REQUESTING: Matt L' ,rte and Don Dunker Brief description of the problem/issue: The Public Works Department provided a Request for Proposals for engineering services for the design of three segments of Harp (HRP) roadway; WCR 13 between WCR 38 and WCR 42; WCR 19 between WCR 8 and WCR 12.5 and WCR 126 from the I-25 Frontage Road to WCR 17. Public Works has completed the engineering consultant selection process associated with the design and survey of this project. The "best-value" selection process was followed. Baseline Corporation engineering consulting firm submitted the best proposal with the lowest responsible cost of $254,074.00. Public Works staff received approval from the BOCC on February 18th to work with Baseline Engineering to have an agreement signed for this work. Baseline Engineering has provided the scope of work, fee agreement and signed Agreement for Professional Services, please see attached documents. The selection committee (Don Dunker, Matt LaPorte, Richard White, Cinde Wright, and Marcia Walters) is recommending award for engineering services to Baseline Corporation in the amount of $254,074. This contract amount is reasonable and fits within the overall budget. The overall project budget of$4,963,027 is being partially funded by a grant from DOLA in the amount of $2,000,000. This design is part of Weld County's local match to the grant. What options exist for the Board: 1)The Board agrees toput the Professional Services Agreement on the agenda for gr g a authorization, or 2)Ask staff to schedule a work session with the BOCC for further discussion. Approve Schedule Recommendation Work Session Comments Barbara Kirkmeyer, Chair i.--- Mike Freeman 1f n Sean P. Conway ____J 'i q_ Steve Moreno Julie Cozad AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & BASELINE CORPORATION ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS (HRP) WCR 13,WCR19,WCR 126 THIS AGREEMENT is made and entered into this Jo day of moo-11 ,, 2015,by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Baseline Corporation, a corporation, whose address is 710 1 1th Avenue, Suite 105, Greeley Colorado, 80631,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 "Proposal Package No. B1500028". 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 Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. 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 $254,074, 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 subcontractor,to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL."However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations,goods or services provided pursuant to this request.Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof,the issuing company shall send written notice to the Weld County Director of General Services by certified mail,return receipt requested. Such written notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten(10)days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality,technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation,promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County,its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person,persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures;or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract,the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials,trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain,and maintain at all times during the term of any Agreement,insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope nt. Policy shall contain a waiver of subrogation a ainst the County. This of their employme g g ty 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 combined single limit for bodily injury and property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable,for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same g � may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator,covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities upon request by the County. 14. Non-Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law,the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. 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. 18. 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. 19. 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. 20. 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. 21. Employee Financial Interest/Conflict of Interest—C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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 with an illegal alien toperform work under this Agreement Professional shall not knowingly employ or contract g g or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E-Verify Program or State of Colorado program procedures to undertake pre- employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8- 17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18)years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a)is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq.,and(c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 28. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 29. 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. 30. Official Engineering Publications: Contract Professional acknowledges and agrees that the Colorado l;z g g � 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. 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 , 2015. CONTRACT PROFESSIONAL: Baseline Cor oration By: Date 2/27/2015 Name- Rick Be ing Title: Divisio ager WELD CQU�IT„ �C. �� ATTEST: �G' i BOARD OF COUNTY COMMISSIONERS Weld C.ugt'lerk to the Boar. WELD COUNTY,C• ORADO BY: _ ., _�:��ta I_�♦ ice' . .�. . �., Deputy Cler to t e : *`. � Barbara Kirkmeye ,Chair '' 1 8 APPROVED AS TO FU � Mi 2O — 1♦� Pi OVED AS TO SUBSTANCE: � Contro er ��J G�4 l <ge f i al orDepartmem _ ad APPR AS TO F • ��,'L Director of Cie eral Services C un y (9 0/6- C 352 EXHIBIT A RFP #B1500028 Request for Proposals � 1EL COON - Y ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS (HRP) .,__ WCR 13, WCR 19 and WCR 126 I. Purpose Weld County is seeking written proposals and fee estimates from qualified vendors for engineering design services related to maintenance and paving of approximately 6.7 miles of existing paved county roads. II. General Project Description Proposed improvements will be for three roadway sections, WCR 13 between WCR 38 and WCR 42 (2 miles); WCR 19 between WCR 8 and WCR 12.5 (2.5 miles); and WCR 126 from the 1-25 Frontage Road to WCR 17 (2.2 miles). Improvements will include a Full Depth Reclamation (FDR) process to add cement to the subgrade, and Hot Mix Asphalt (HMA) pavement. III. Scope of Services The requested services will include: surveying, roadway horizontal and vertical design, utilities mapping, utilities relocation coordination (when necessary), right-of-way acquisition (as needed), plans and specifications preparation, and project meetings. The construction contract will be bid as one contract, but each roadway section will have a standalone set of plans and electronic surface. Following is a general summary of the key items anticipated to be included in the work: General Project Issues • This project is a maintenance action. • NEPA, Davis Bacon, or environmental studies will not be required. • Drainage issues will be addressed where necessary but a full drainage study will not be required. • The consultant will need to apply for the Storm Water Permit through the State in conjunction with SWMP plans and required BMP's plus quantities. • All mailboxes shall be removed and replaced by the contractor during construction. • Quantities shall include final seeding. Weld County will provide the seed mix. • The required cement in the FDR section will be calculated by volume of reclaimed material and not by weight. The amount of cement will be supplied by Weld County. • The design and survey portions of this contract will be 46 calendar days. Surveying and ROW Services • Surveying and mapping limits will be from right of way line to right of way line along each corridor and will extend 200 feet past the beginning and ending of each project limit. The consultant shall produce a minimum of 1 ft contours of the existing and proposed surface. • Purchase of additional right of way or easements is not expected. However, if additional right of way or easements are necessary for the design, the consultant will provide all services required for right of way and easement acquisition including appraisal services, negotiations, and closing documents. If required, cost of acquisition of Temporary Construction Easements (TCE) and the cost to the land owner for the TCE shall not exceed $2,000 per required TCE, actual cost shall prevail. • The Consultant will need to arrange for all utility locates and surveying/mapping of utilities. • The Consultant shall provide a control sheet with a control diagram. • The Consultant shall establish a minimum of 5 control points with the approval from the County for each segment of roadway. • The coordinates shall be Modified State Plane Zone (0501), North American Datum (NAD) 83, and shall be tied to the Colorado High Accuracy Reference Network (CHARN). • Elevations shall be North American Vertical Datum (NAVD) 88. • The Consultant shall reestablish damaged or destroyed section corner monuments per state statute after construction. Utilities Potholing and Relocation Coordination • Consultant will need to identify all utilities existing within the project limits and map their locations. • Consultant will need to pothole all utilities to verify depths and identify potential conflicts. 50 potholes are anticipated between all three roadway locations. (Bid line item shall show a quantity of 50.) • The Consultant will need to provide utility relocation coordination; site meetings, survey staking of right-of-way and easements, and exhibits for utility agreements. Right of way shall be staked with stakes at a maximum 200 ft apart, or as needed. • Consultant will need to review utility relocation designs provided by the affected utility companies to make sure they are properly coordinated with the roadway design. • The consultant will handle all coordination necessary with the railroad for this maintenance action including agreements if required. • The consultant will handle all coordination necessary with the irrigation companies for this maintenance action including agreements if required. Floodplain Permitting • WCR 8 from WCR 13 to WCR 12.5 is located in the Little Dry Creek floodplain. The consultant will be required to obtain a Flood Hazard Development Permit through the Weld County Planning Department. The proposed new pavement through this area will be at the existing grade or 1 inch below. The contractor shall provide an as-built of this area. Traffic Control • The consultant shall provide quantities and details for a traffic control plan on each of the road sections. • WCR 126 shall remain open to traffic and utilize flagging operations during the day and be fully open at night. • WCR 13 and WCR 19 will likely utilize day closures and be fully opened at night. • A Right of Way Permit will be required by the contractor including MHTs and Traffic Control Plans. Roadway Design • The consultant will use the existing horizontal alignment adjusted only enough that it matches all applicable Weld County design parameters for a speed of five miles an hour above the posted speed limit. • The consultant will create a smooth vertical alignment that meets all applicable Weld County design parameters for a speed of five miles an hour above the posted speed limit. This vertical alignment shall not change the elevation of the existing roadway at centerline by more than one inch. This vertical alignment shall represent bottom of the HMA. The top of the asphalt will be 5 inches above the vertical alignment. The typical cross slope shall be 2%. Typical K values used in vertical design shall be 151 for crest curves and 136 for sag curves as per the AASHTO Green Book. • The Consultant shall create a surface with a typical 2% cross slope that varies to match existing hard surface entrances (the cross slope shall never be less than 1%) and also varies to provide sufficient cover of culverts. Gravel type entrances shall be blended to match the new roadway paved surface within the existing right of way. • The 5 inches of asphalt shall be a 3 inch lift of HMA (Grade SG)(100)(PG64-22) under a 2 inch lift of HMA (Grade SX)(100)(PG64-28). • It should be assumed that the existing surface will be milled 3 inches. The cement added to the reclaimed roadway typically brings the elevation to within an inch of the original elevation. • The final roadway width shall be 26 feet paved, 13 foot each lane and a one foot gravel shoulder for a total of 28 feet. • At each end of the proposed roadway section, a taper will need to be designed to comfortably transition the top of proposed asphalt into the existing asphalt. This shall be a smooth transition and shall not create a bump. • All side roads shall have the full reclamation process 50 feet from the main road white line. All radii shall be maximized to provide the largest turning radius possible. Additional right of way may be required. Utilities may need to be moved at these locations. • All culverts and accesses along side roads within 50 feet of the main roadway shall be addressed in the plans. • There will be some grading to fore slopes and ditch bottoms, as little grading as possible will be done to back slopes or none at all. • On WCR 19, in the flood plain between WCR 12 and WCR 12.5, the top of the asphalt shall not be higher than the existing road at centerline and shall not be lower by more than one inch. 3 • All existing metal culverts, excluding entrance culverts, will be replaced with concrete culverts of the same size and at the same flow line elevation, strength class Ill, unless approved by Weld County for reasons of insufficient cover. All culverts shall be shown in a cross section as well as in the plan and profile. All culverts shall be labeled with a call out of at least the flow line elevations and the minimum cover from the top of pipe to the top of roadway. This dimension shall be 1.0 foot or more. • All culverts shall be backfilled using flow-fill from the spring line to the bottom of proposed asphalt. • The Consultant shall produce a simple set of plans that are in line with the attached sample Weld County plans. As an example, a drawing set will include title sheet, general notes, abbreviated SWMP plan, tabulation summary sheet, plan and profile sheets, typical cross sections, cross sections at 200 ft intervals showing utilities location and depth as well as fences and right of way lines, culvert plan and profile sheets, signing and striping plan to match existing, cross section or profile showing every entrance, traffic control sheets, and minimal details. As an example a drawing sheet will contain a plan and profile view, and the following: labeled edge of roadway, centerline, power poles, utilities as marked in the field, roadway and cross roads named, existing right of way, fences, signs, top and flow line of existing culverts, horizontal and vertical curve data, flow line arrows showing flow direction, and roadway width dimensions. • The Consultant will be required to submit InRoads or Civil 3D files for the following: existing ground surface, proposed roadway surface, and the proposed horizontal and vertical alignment. • The Consultant shall generate a surface file that is compatible with Trimble Business Center and Trimble Machine Control. This file shall have center line and edge of roadway but shall not have any unnecessary data. Triangles should appear typically every ten feet along straight sections, and every two feet through horizontal and vertical curves. The triangles shall be perpendicular to the proposed centerline of the roadway. The Consultant will need to demonstrate adequate quality control of this electronic surface. • The Consultant shall provide 15 sets of paper plans as well as one electronic version of the plans for each of the roadway sections. • The consultant will be required to prepare project special provisions and current Colorado Department of Transportation (CDOT) Standard Specifications. The technical specification format shall be in the CDOT format. • All work shall be completed using the latest edition of the American Association of State Highway and Transportation Officials (AASHTO) Policy on Geometric Design of Highways and Streets, Manual of Uniform Traffic Control Devices (MUTCD), Weld County, and CDOT design and construction standards or guidelines, practices, and procedures. Meetings and Project Administration • The Consultant will need to administer and attend several project meetings throughout the design process, as well as multiple on-site meetings with affected landowners, irrigation companies, railroad, and utility companies. Formal meetings will be held at the Weld County Public Works Department including; kick-off meeting, design scoping review meeting, conceptual design meeting, and pre-bid meeting. • The Consultant shall be responsible for organizing and maintaining all documentation related to the design portion of the project. 4 IV. Anticipated Project Schedule • Mandatory Pre-Proposal Meeting Jan. 23th, 2015 • Consultant Proposals/Fee Estimates Due Feb. 6th, 2015 (10:00 AM) • Consultant Selection Feb. 13th, 2015 • Consultant Contract Award March 2"d, 2015 • Notice to Proceed March 2"d, 2015 • Design Completion April 16th, 2015 • ROW/Utilities Completion May 2015 • Advertisement for Construction June 2015 V. Instructions to Consultants A. Submittal Requirements The three (3) shortlisted consultants interested in performing the work described in this request for proposals should submit the following information to the County in the order they choose. 1. Scope of work description which clearly shows an understanding of the project and describes the means by which the consultant intends to complete the required work. 2. A list of critical issues that the consultant considers to be of most importance and a discussion of how the consultant plans to address these issues. 3. Describe the methods by which the consultant intends to control their design costs and keep the project on schedule. 4. Describe the proposed Project Team's familiarity and availability as related to these project locations. Identify past projects which the team has successfully completed which would be considered to be similar in nature to this Weld County project. 5. Provide a detailed scope of work items and fee estimate which includes all proposed team members and their estimated work hours and hourly rates. This scope of work should include a $10,000 Other Professional Services line item to be used as necessary only with the approval of the Weld County Public Works Director. This scope of work should also include the cost of project construction inspection during construction as separate line items showing hourly rates and the total number of hours. Project inspection should be CDOT style inspection assuming 21 days of construction per construction location. These days shall be assumed to be 12 hour days. The contractor will be responsible for quality control testing, and the Construction quality assurance testing will be coordinated by the consultant and done through the County. These inspection line items may be removed if necessary based on County inspector's availability at the time of construction. 6. A sample plan and profile sheet(s) of a similar project should be included in each submittal. Examples should be no smaller than 11"x17". 7. The Consultant shall deliver five (5) hard copies and one (1) electronic pdf copy of their submittal. Limit the total length of your proposal to a maximum of 20 pages. Cover sheet, dividers, and front and back covers will not be counted as part of the maximum 20 pages. Proposals must be delivered to the Weld County Purchasing Department, P.O. Box 758, 1150 "O" St., Greeley, CO 80632. Proposals are due Friday, February 6th 2015 at 10:00 a.m. B. Contacts Questions related to the submittal requirements and procedures should be directed to: Matt LaPorte, P.E. — Project Manager Weld County Public Works 970-304-6496, ext. 3725, mlaporte@co.weld.co.us PART 2 - SELECTION PROCESS VI. Selection Criteria and Method The Weld County Purchasing Professional Services Selection process describes the consultant selection criteria and method. This document is available for review in the Weld County Code, Revenue and Finance, Chapter 5, online at www.weldgov.com. The selection committee shall include Weld County representatives. Interviews may be conducted to determine contract award, but are not anticipated at this time. 6 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 selection of a preferred consultant. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR The proposal clearly shows an understanding of the project 5.0 Scope of Proposal objectives, methodology to be used, and final results that are desired by the Department. The proposal demonstrates the firm clearly understands the 5.0 Critical Issues major issues associated with the project, and offers realistic solutions to those issues. The firm has described their methods of controlling their design and construction cost. The firm has demonstrated an 4.0 Project Control ability to insure State or Federal procedures are used where appropriate. Does the firm have a Quality Control process in- place to manage the quality of their deliverables? Work Project team's work location relative to the project site location. 4.0 Location/Familiarity Key team member familiarity with Weld County and the goals of the Department. Are the cost, work hours, and hourly rates presented reasonable and consistent with the project goals? The lowest 15.0 Cost and Work Hours cost that includes all tasks necessary to successfully complete the project scores the highest. 7 SAMPLE -AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & TITLE of PROJECT THIS AGREEMENT is made and entered into this day of , 201_, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits and , each of which forms an integral part of this Agreement. Exhibits _ and are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits and , defme the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit consists of County's Request for Proposal (RFP) as set forth in "Proposal Package No. B ". The RFP contains all of the specific requirements of County. Exhibit 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, which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits and . Contract Professional shall faithfully perform the work in accordance with the standards of professional 8 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 and within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibits . Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2)the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and(3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. 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 9 by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $ , which is the bid set forth in Exhibit . 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 . 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 _ 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. 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) 10 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 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. 11 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal,clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations,goods or services provided pursuant to this request.Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating"Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof,the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten(10)days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self-insured 12 retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents,representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration,or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality,technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall,without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract,the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials,trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement,insurance in the following kinds and amounts: 13 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 $ 1,000,000 Aggregate $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. 14 Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities upon request by the County. 14. Non-Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law,the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents,papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war,flood, earthquakes or Governmental actions. 17. 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. 18. 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. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto 15 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. 20. 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. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 22. 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. 23. 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. 24. 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. 16 25. 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. 26. 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. 27. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen(18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for 17 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. 28. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 29. 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. 30. 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. 18 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 and , 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 , 201_. 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 APPROVED AS TO FUNDING: APPROVED AS T SUBST CE: Elec etl'Qal or Dept Head APP, ED AS TO - Director of General Services 'Conn e 19 III J V PJ Q Y O W F W Lo co w w o O m • 13- < Z W ¢ J U F . 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ZIOM I oco co M 2 a .3 . — U Li 0 f Request for Proposal Engineering Design Services for Haul Road Projects ( HRP) WCR 13, WCR 19, WCR 126 Bid Request No. B1500028 Weld County, Colorado ADDENDUM NUMBER ONE — January 21 , 2015 TO REQUEST FOR PROPOSAL The following shall be as fully a part of the above named Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary. Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this Addendum by including this addendum in their RFQ proposal. The Request for Proposal for Bid Request B1500028 mentions an attached sample plan set. The sample plan set is missing from the RFP . This addendum provides the missing sample plan set. The sample provided contains sheets from various previous projects to be used as a general example of some of the types of sheets to be included in the completed plans for this project. Page 1 Request for Proposal Engineering Design Services for Haul Road Projects ( HRP) WCR 13, WCR 19, WCR 126 Bid Request No. B1500028 Weld County, Colorado ADDENDUM NUMBER TWO — January 23, 2015 TO REQUEST FOR PROPOSAL The following shall be as fully a part of the above named Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary. Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this Addendum by including this addendum in their RFQ proposal . This addendum is being issued to clarify an item related to overall Consultant costs/payments: The selected consultant will be required to sign the Weld County Professional Services Agreement, which provides for reimbursement to the consulting firm for mileage . The following is to be included in the cost portion of each proposal : • Mileage for this contract will be limited to a maximum of 2 , 000 miles for design related travel . • Mileage for this contract will be limited to a maximum of 3 , 000 miles for inspection related travel . • The proposals should include hourly rate sheets for the consulting team as well as an amount (per mile) for mileage reimbursement. Page 1 Request for Proposal Engineering Design Services for Haul Road Projects ( HRP) WCR 13, WCR 19, WCR 126 Bid Request No. B1500028 Weld County, Colorado ADDENDUM NUMBER THREE — January 26, 2015 TO REQUEST FOR PROPOSAL The following shall be as fully a part of the above named Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary. Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this Addendum in their proposal . The following is to clarify questions/comments from the mandatory pre-proposal meeting which was held January 23rd , at Weld County Public Works building : • There will not be DBE goal requirements with this project. • Assume the culvert sizes remain the same — a floodplain study for culvert sizing , is not required . • There will be isolated drainage studies at problem areas identified by Weld County. Specifically, there are five areas that currently concern Weld County. On WCR 19 , 0 . 3 miles north of WCR 10 , there is a long culvert with issues that will need to be well surveyed , replaced , and will require a Temporary Construction Easement (TCE) . On WCR 19 , 0 .6 miles north of WCR 10 , there is a culvert that may need to be abandoned . Some research will be required to determine the status of this culvert. On WCR 13 , just south of WCR 40 , there is approximately 0 .2 miles where the ditches will need to be cleaned of silt to be allowed to flow properly. On WCR 13 just north of the southern leg of WCR 42 , there is a buried 18 inch culvert that needs to be located and replaced so it will properly drain . Finally, on WCR 13 at the northern leg of WCR 42 , the west side of 13 will need to be investigated to fix problems with poor drainage . Other areas of concern may be discovered during design . • Construction plans for a portion of WCR 126 could not be located and are not available . • As-Built drawings, by the consultant, will be required after construction is complete . • The consultant shall prepare traffic control plans to include detour plans and sample MHT's . • This project will require that the consultant use a utility locating company. • The proposals should include a fee amount for TCE preparation and acquisition by a licensed ROW agent. • Additional ROW staking may be required where utilities exist. • WCR 19 horizontal alignment shall remain the same . • Some effort should be anticipated for railroad coordination and approval to work near the tracks . • A preliminary and final construction cost estimate will be required , which should include the cost of any utility relocates, ROW or TCE's , etc. NOTE : No further questions will be addressed if received after - Tuesday, Feb . 3rd at 5 pm . Page 1 Request for Proposal Engineering Design Services for Haul Road Projects ( HRP) WCR 13, WCR 19, WCR 126 Bid Request No. B1500028 Weld County, Colorado ADDENDUM NUMBER FOUR — January 27, 2015 TO REQUEST FOR PROPOSAL The following shall be as fully a part of the above named Documents and Specifications as if therein included and shall take full and complete preference over anything contained therein to the contrary. Acknowledgment: Each bidder shall indicate their acknowledgment of receipt of this Addendum in their proposal . The following is to clarify questions/comments from the mandatory pre-proposal meeting which was held January 23rd , and is in addition to previously released Addendum number 3. • Additional hydraulic analysis will be required at every irrigation ditch crossing . The consultant will also be required to coordinate with the irrigation ditch companies on their expected flows as well as to accommodate the construction schedule with their flow schedules . Page 1 EXHIBIT B Prepared for: Hu WELD COUNTY 1,1vj,_ r = i' PUBLIC WORKS DEPARTMENT inn 1 . P . O . Box 758 min1150 "O" STREET, ROOM # 107 GREELEY, CO 80631 ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS WCR 13 , WCR 19 & WCR 126 RF P # B1500028 February 6 , 2015 Vi3ASELIN A Weld County Company: 710 11th Avenue # 105 Greeley, Colorado 80631 Engineering Planning Surveying www.baselinecorp.com 4b Lei February 6, 2015 ',BASELINE Engineering • Planning • Surveying Mr. Matt LaPorte, P. E . www. boselinecorp. com Project Manager, Public Works Weld County Purchasing Department P.O. Box 758 1150 "O" Street, Room #107 Greeley, CO 80632 Proudly Serving Northern Colorado Clients from Greeley Since 2007 RE: Weld County RFP #61500028—Engineering Design Services for Haul Road Projects (WCR 13, WCR 19 & WCR 126) Dear Mr. LaPorte : Baseline Engineering Corporation is pleased to have been selected to submit qualifications for Weld County's Engineering Design Services on the Haul Road Projects. As we've demonstrated during the past eight years, we have reliably served and have become a knowledgeable partner to the County. We already possess significant experience on haul road design projects ( HRP) in Weld County. Our portfolio of public and private work includes: • WCR 127 and 129 — 13 Miles of HRP design 4 • WCR 398 - 4 miles of HRP design • WCR 115 — 5 miles of HRP design ii • WCR 104, 119, and 110 — 17 miles of HRP design We also acknowledge receipt of Addendums 1, 2, 3 and 4 to the RFP. On behalf of Baseline, thank you for considering us for another opportunity to serve the County, its citizens and travelers relying on WCR 13, 19 and 126. Please don't hesitate to contact me with questions about our proposal . We look forward to again being a valued extension of Weld County Staff and advocating in the County's best interest. Sincerely, ----- CL- i ? ..- Rick Behning, P. E. Division Manager in .1111 Rick@baselinecorp.com °FIRM ""'tar6R°w'ING PRNATE cow-roots N •rtenvisun•t Greeley Regional Office (970) 353-7600 x301 ' "'g '" IENVE' .u' , ' A Corporate Headquarters High Plains Rocky Mountains Downtown Golden Downtown Greeley Ski Village 1950 Ford Street 710 11th Avenue, Suite 105 1815 Central Park Drive, #370 Golden, Colorado 80401 Greeley, Colorado 80631 Steamboat Springs, Colorado 80477 Ph 303.940.9966 Ph 970.353.7600 Ph 970.879. 1825 Fax 303.940.9959 Fax 970.353.7601 Fax 866.242.9106 • .: !atl. . li r - 1 r 1 RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS TABLE OF CONTENTS 1 . OVERALL FIRM CAPABILITIES 1 2. SCOPE OF WORK 3 3. CRITICAL ISSUES 7 4. PROJECT CONTROL AND FAMILIARITY 8 5. COST AND WORK HOURS 11 6. SIMILAR PLAN 12 it I RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS 1 . OVERALL FIRM CAPABILITIES Baseline Engineering Corporation is a specialized consulting firm registered for Civil Engineering in the ASF LINE State of Colorado . We were founded in 1998 as a - Engineering • Planning • traditional engineering firm for new infrastructure and Surveying land-use planning. We have grown to one of the leading www. baselinecorp .com engineering, surveying and planning firms in the Inter- Mountain West. Clients rely on our expertise in : • Land planning • Transportation • Large facility site design • Sustainable water & • Utilities • Land surveying wastewater treatment • Residential • Permitting at all levels • Public works Our clients range from small municipalities and private developers to large public entities. We serve them from four locations : • Golden, Colorado - Headquarters- Serves Denver Metro Area clients • Greeley, Colorado - Regional Office - Serves Northern Colorado clients • Steamboat Springs, Colorado - Regional Office - Serves Northwestern Colorado clients • Bismarck, North Dakota — Branch Office - Serves North Dakota clients Baseline's Regional Office in Greeley, Colorado, will serve as the primary contact and work location for engineering design Proudly Serving Northern Colorado services on Weld County's Haul Road Projects ( HRP) . This Clients from Greeley Since 2007 office has spearheaded the design of 35 miles of Weld County Roads similar in scope to the RFP's requirements . The Greeley office has also provided civil engineering and surveying support for the design of the County's Public Works' Grounds Maintenance building. Combining the expertise of this office with all of our offices means Baseline can offer 35 exceptional professionals to staff Weld County's HRP Team . Our company size is a great project match — it's not too big and not too small . OUR COMMITMENTS When clients commit to Baseline, we commit to exceeding their expectations . How can we make this promise? We maintain a high level of professional excellence without sacrificing honesty, integrity and respect. We are conscientious about dedicating ourselves to the communities we serve, rapidly responding to clients' needs, meeting budget and deadline requirements, and maintaining our reputation for accurately estimating costs . We also instill these core values in the subconsultants we engage on projects. 1 ? r _ RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS Our commitments have earned us significant business from return clients and referrals. Another measure of success is the recognition we have earned : AM. 2FIHM • "2014 Hot Firm List", an exclusive ranking of the top 100 U .S. and Canadian firms • Denver Business Journal's "2014 Fastest-growing Private Companies" • "Best Places to Work" !!GVING • "Best Environmental Consulting Firm" PRIVATE COMPM,ICS • "Fastest Growing Firm for Water, Energy and Infrastructure Planning & Of R BUSINESS JOURNAL Development Although we take pride in these accomplishments, we don't take them for granted . They motivate us every day to surpass clients' expectations . We'd like the opportunity to demonstrate it again to Weld County. GENERAL INFORMATION • Company Name — Baseline Engineering Corporation • Corporate Address — 1950 Ford Street, Golden CO 80401 • Primary Contact — Rick Behning PE, Division Manager, (970) 353-7600 x301, rick@baselinecorp.com • Year Established — 1998 • Type of Ownership/Business Structure — Managing Partners / Corporation • Baseline is on CDOT's list of pre-qualified consultants. • Baseline is able to comply with all insurance requirements. 2 IMiI . r P RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS 2 . SCOPE OF WORK A key component of project success is dependent upon a well-defined scope of work, methods to be employed, and understanding of the client's desired results. Baseline has reviewed the HRP description, which includes a full-depth reclamation ( FDR) process with cement-treated subgrade and hot mix asphalt ( HMA) pavement for these locations : • WCR 13 between WCR 38 and WCR 42 (2miles); • WCR 19 between WCR 8 WCR 12 .5 (2 .5 miles) ; and • WCR 126 from I-25 Frontage Road to WCR 17 (2 .2 miles) . The scope of work analysis identifies the project tasks and provides a brief summary of how we will successfully accomplish each item . With these key objectives as our driving force, the project team will evaluate existing conditions in great detail and look for creative opportunities to minimize right-of-way ( ROW) acquisitions, mitigate utility relocations, and create cost savings for Weld County. Risk management activities are part of every Baseline Project Management Plan . Our Project Manager, Rick Behning, P. E ., will be diligent in monitoring risk to ensure a high-quality project that is on time and within budget. KEY OBJECTIVES Baseline understands that Weld County is looking for the provision of HRP level design plans for three separate segments of asphalt-paved County roads . We know the design must be conducted within a 46-day window from the notice to proceed . Roads will be improved with cement-treated subgrade, a new gravel subbase, and asphalt paving. The County will conduct the soil boring investigation as well as provide the pavement section and percent-cement requirements for design . Over the past two years, we have successfully designed 35 miles of Weld County roads with the same requirements . PROJECT MANAGEMENT PLAN Facilitating Baseline and Weld County's collaboration by defining appropriate contact people, communication frequency, and contact methods (conference calls, emails, and meetings) will be the Project Management Plan . Components of the Plan are : • Project Objectives • Quality Control Process • Scope of Work • Change Management Process • Detailed Schedule • Communication Plan • Financial Plan • Risk Management Plan • Team Organization • Client Care Plan 3 r P RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS KICK-OFF MEETING Following the notice to proceed date, Baseline will create a detailed project schedule . We will present the entire project schedule for review and discussion during the kick-off meeting. At this meeting with Weld County, we will confirm the project's scope and deliverables. A review of the Project Management Plan will be beneficial in determining communication protocol and frequency, a schedule for progress meetings and client updates. DATA COLLECTION Baseline will survey the project limits within the road ROW and for 200' outside the design start and stop stations. We will incorporate datum from the Colorado High Accuracy Reference Network ( CHARN ) into our surveys . In addition, we will conduct them with experienced crews using survey- grade GPS units . This caliber of equipment ensures extreme accuracy— down to a centimeter on the ground . We will research and determine ROW so that we can identify project limits and areas where we may need to negotiate for additional ROW. This step will allow us to create a detailed base map with high-accuracy topography. The topo will locate all planimetric features and available underground information to highlight potential conflicts. Our in-house survey services will support the data collection phase to ensure the design starts with an accurate base map . Accurate Underground is a utility locator that has partnered with us on previous Weld County work. Due to their expertise, they will locate and pothole utilities within construction limits to identify mitigation areas. PRELIMINARY DESIGN Once the base map is complete, our engineers and designers will establish plan and profile layouts for the project limits . They will determine existing horizontal and vertical alignments, and compare them to applicable design guidelines. Also, they will conduct a thorough evaluation of existing roadway conditions and all design elements in accordance with standards . Key design components will include : • Verify design criteria in accordance with Weld County, CDOT, AASHTO, and MUTCD standards; • Complete a QC assessment and finalization of the existing 3D surface; • Evaluate geometry, utility locations and crossings, drainage, culverts, private accesses, design constraints and alternatives; and • Develop alignment, profile, cross sections, and details for plan sets. 4 i gi,: !flirt - l1 ► � �" 1 RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS We understand the County's desire to mitigate utility relocation and ROW acquisition to the maximum extent. Therefore, we anticipate that the horizontal geometry of the roads will not change and the vertical alignment will only be modified slightly if there's a safety concern . Through our preliminary plans, we will identify utility conflicts and will guide the layout of preliminary radii at intersections. We will analyze conflicts with utilities or ROW limits, consider design alternatives with the County, and select a preliminary design . Once we identify areas and select a design alternative, we will begin utility coordination and ROW acquisition in earnest. If necessary, we will utilize professional land consultants from U .S. ROW. They will facilitate ROW and easement acquisition . We will also analyze all irrigation crossings and identify improvements that are compatible with design goals . Then, we will coordinate improvements with irrigation companies to obtain approval . Drainage analysis will assess existing drainage culverts and other conveyance facilities. We will review these evaluations with the County to determine necessary upgrades . WCR 19 crosses the Little Dry Creek floodplain, which will require a design that provides for the roadway to be at or below existing grades. Also, a Flood Hazard Development Permit will need County approval to demonstrate compliance . The project limits will require storm-water management plans. Baseline will obtain the project's discharge permit. We will implement sensible erosion control methods and stabilize all disturbed limits with native grasses or other appropriate means. PUBLIC COORDINATION At the beginning of the project, Baseline will notify adjacent landowners to initiate work coordination, and provide an outlet for questions and concerns. We will contact landowners who identify issues and efficiently resolve them within the project's goals . FINAL DESIGN Following a review with County Staff, Baseline will finalize the design drawings and specifications, and develop these final plans: • Cover sheet and general notes sheets • SWMPP sheets and quantities • Horizontal alignment and survey control sheets • Plan and profile sheets • Cross section sheets • Culvert and irrigation plan and profile sheets • Driveway detail sheets • Traffic control sheets • Detail sheets 5 two . a 60 r; I RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS • Drainage and irrigation analysis memo • ROW acquisition agreements and exhibits • TCE acquisition agreements and exhibits • Construction Storm-water Discharge Permit • Flood Hazard Development Permit ( FHDP) • Electronic surfaces and 3D features • GPS control files • Project specifications • Preliminary and final engineer's opinion of cost • 15 sets of final plans for bidding and construction • As-built drawings • Construction inspection services 6 I II r : = !r r 1 RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS 3 . CRITICAL ISSUES Due to our extensive road work in Weld County, we are thoroughly familiar with the project needs for WCR 13, 19 and 126. Combining this knowledge with the RFP's requirements, we identify the items on the next page as critical issues and present their solutions. HRP'S CRITICIAL NEEDS BASELINE'S SOLUTIONS Remember Scope of Work Baseline will keep in mind that this project is a maintenance one at all times. This point is Maintenance Project is critical for ensuring timely coordination with utility, railroad, and irrigation companies as well as citizens. Diligent Budget Control This project is partially funded through limited grants. Therefore, we will be diligent in controlling the overall project budget through these measures: alternatives analysis, proven method selection, utility identification and mitigation, and schedule adherence. Complete Project in 2015 Due to funding constraints, we will adhere to schedules and select alternatives to facilitate 2015 completion . Buy-in from Citizens We will reach out to citizens to ensure they are aware of the project and how it will affect them . Starting with a personal letter and prompt follow up to their inquiries, we will let them know we are listening to their concerns as we meet project goals. Improvements that Fit Working in conjunction with County Staff, we will ensure proposed improvements fit Long-term Maintenance into plans and budgets for long-term maintenance. In other words, an ounce of and Budget Plans prevention is worth a pound of cure. Successful Projects Start This concept is standard knowledge among our surveyors. They will work with with Accurate Surveys engineers to ensure the capturing of accurate data in critical locations. If there is missing data or questions, they will immediately return to the field to mitigate them. Always Work Within ROW If possible, we will always work within the ROW. We anticipate this maintenance project only requiring additional ROW if absolutely necessary. Should design alternatives preclude ROW acquisition, we will pursue them. Determine Temporary With our subconsultant, we will secure TCEs as early as possible prior to final design. Construction Easements This procedure will ensure no delays in the construction schedule or costly re-designs. (TCE) Early Minimize Utility Relocates During the preliminary design phase, we will work to accurately locate above and below ground utilities. We will pursue design options that mitigate impacts. We will coordinate only those that are absolutely necessary to avoid project delays. Designs that Promote Our mantra is the County is a steward of public safety. Our designs will identify safety Safety issues and promote safe construction through traffic control planning. Fully Functional We know Weld County supports several, large-industry operations, such as oil and gas, Intersections farming, and ranching. We will strive to accommodate these industries to the maximum extent practical . Long-lasting Drainage Drainage culverts and other conveyance methods need long-lasting design to prevent Infrastructure a roadway's premature degradation . Failing culverts cause large economic impacts. Our designs will upgrade culverts to mitigate failure. Efficient Construction of The control file is critical to timely and accurate roadway construction. We will CTB Section produce a defect-free control file to support accuracy. FHDP Approval and As-built We understand that WCR 19 is within the Little Dry Creek floodplain thereby generating a need for an FHDP. We will design a compatible roadway section to mitigate any adjacent property impacts. This step will also ensure faster FHDP approval . We will satisfy FHDP assumptions by documenting the roadway's final as- built coordination. 7 r : _ .11 RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS 4. PROJECT CONTROL AND FAMILIARITY Baseline understands the budget is limited and that the project must be completed in 2015 . Additionally, we know appropriate regulations must be followed during the design process and that defect-free plans will be a QA/QC requirement. We will deploy the following strategies to meet these requirements : ENLIST PROJECT TEAM WITH SIGNIFICANT WCR HRP EXPERIENCE We will engage the same project team that designed 35 miles of the County's HRP to perform the engineering design services required by this RFP . Over the past two years, the team has successfully designed the following projects that are similar to work needed on WCR 13, 19, and 126 : • County Road 129 and 127 — 13 Miles of HRP design ; • County Road 115 — 5 miles of HRP design ; • County Road 110 — 4 miles of HRP design; • County Road 119 — 3 miles of HRP design; • County Road 104 — 7 miles of HRP design ; and • County Road 398 — 3 miles of HRP design . Our extensive familiarity of Weld County road design requirements will enable us to efficiently prepare a complete set of detailed plans and specifications for the project. Team members are listed below according to project roles. In addition to their WCR experience, we are providing examples from other entities that have benefitted from their road work expertise . PROJECT MANAGER Rick Behning, PE, Baseline Corporation's Division Manager/Owner - Rick oversees Baseline's Greeley Regional Office. He was the project manager and engineer of record for the above HRP projects (excluding CR 398, which Baseline's Noah Nemmers managed and served as engineer of record ) . He is a Greeley native who has developed roadway design experience working on roadway projects in Weld, Denver, and Clear Creek Counties as well as DOE projects in Jefferson County and the surrounding areas. Rick has also been responsible for managing and growing Baseline's Greeley Regional Office and Survey Department over the past eight years . His knowledge was valuable in providing ground control to support Western Research & Development's flight for Noble Energy's Pawnee Roads rehabilitation project in Weld County. Over the past two years, Rick has worked with Weld County Staff on surveying, designing, and conducting construction observation on more than 35 miles of roads. He has also managed all engineering design and construction survey operations for Jefferson County's roundabout project that Baseline completed for NREL and DOE . This project earned an award of merit for Transportation Project of the Year from Engineering News-Record. I 8 t1 I / a re .r RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS QA/QC REVIEWER John McLain, P. E., Baseline's President/Owner - As the firm's founder, John is responsible for quality assurance and quality control to ensure superior service and a sound set of construction drawings. His expertise was utilized on NREL and the DOE's Research Road Roundabout where he served in the key roles of principal and quality control reviewer. PROJECT ENGINEER Noah Nemmers, P. E., Baseline's Civil Engineering Manager/Owner — Noah oversees Baseline's Civil Engineering Division . He has over 15 years of experience in large-scale project design and staff management and was the project manager for the City of Idaho Springs' Phase III sewer replacement project. He has successfully managed the design and construction of major roadway projects including the above referenced HRP roads. ( Noah served as the project engineer on all except CR 398, which he managed . ) He also worked on NREL and the DOE's Research Road Roundabout. Noah has worked with various regions of CDOT on highway improvement plans and permitting. These projects include Highway 50 Improvements in Salida and U .S. 392 Improvements in Weld County. He has a broad range of expertise with both private and government clients. It includes overseeing entitlement processes, engineering design, permitting, land surveys and platting, maintenance of traffic planning, and construction administration . SURVEY MANAGER Aaron Demo, PLS, Baseline Corporation's Survey Project Manager — Aaron served as Baseline's surveyor of record for preliminary research, field acquisition, ROW determination, section monumentation, and construction phase services for all of the above listed HRP . He will manage the surveying support for the RFP's HRP . He has extensive field and office experience, which allows him to efficiently and accurately develop base maps to support the design process . Every successful project starts with an accurate survey, and Aaron will oversee the process . DESIGNERS, CAD DRAFTERS, AND SURVEYORS Baseline's support team of designers, CAD drafters, and surveyors have worked on the previous HRP designs. Particularly, the expertise of our licensed engineers, Steve Batchelder and Mike White, will continue to support the HRP at the design level . 9 186, 1 r •/ - •li-rrrwr RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS �F ;fit: , QA/QC PROCEDURES AT EVERY STAGE The key to a defect-free set of plans is quality assurance and quality control ( QA/QC) measures at every step of the project. The following points are samples of our QA/QC stages applicable to this WCR project : • Project Management Plan Baseline's principal engineers and the engineer of record review the project manager's plan prior to mobilization, ensuring it is complete and ready for implementation . • Survey Base Map Our in-house surveyors and engineering staff will review the base map to ensure : completeness, proper identification of utilities and no overlooking of critical items. • CAD File Set Up Design and working files are set up to match our plan production standards. This procedure mitigates accidental changes in project files that can be detrimental to accuracy. • Preliminary Products Review Before moving past the preliminary stage, our senior professionals will review plans to ensure all critical components are in place and the accuracy of analytic methods . • Final Products Review During the final 20% of the plan production, we will conduct internal reviews at each staff level . These reviews will allow us to double-check assumptions and identify design holes to fill prior to final plan production . MANAGE PROJECT FROM LOCAL OFFICE Our Regional Office in Greeley is located at 7th Street and 11th Avenue, 1 . 6 miles from the County Public Works facility. Weld County will receive the benefit of a small firm with a team approach that is only minutes away. We can easily attend meetings and efficiently respond to the County's needs. The Greeley office possesses extensive knowledge of Weld County due to its public and private sector work. It's also the County where many of our employees live . Project Manager, Rick Behning, was raised here, and continues to make it his home . Professionally, Rick possesses in- depth knowledge of the County and its Public Works Department through the HRP projects he has managed over the past two years. The relationships he has developed during that time will enable for clear communication, trust, and the ability to implement what has been learned on these past projects to facilitate success on this project. 10 INi.I I 1i r. : - 6.0 r P RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS 5 . COST AND WORK HOURS Baseline has itemized the project phases and deliverables in a tabulated format for the County's review. This procedure allows us to identify all project tasks and estimate the staff required to complete them . Additionally, we have identified a preliminary resource schedule to determine staff loads so we can build our project team . We have cross referenced our estimates with past performance on WCR HRP projects. Therefore, we are confident our estimate is complete and provides for the product level that meets Weld County's expectations. Below is our budget summary. Please refer to the following pages for detailed Fee Estimates by County Road . Weld County Road 19 Design Fees $86, 628 Weld County Road 13 Design Fees $81,743 Weld County Road 126 Design Fees $75, 703 Other Professional Services Budget $ 10,000 Total : $254,074 11 • V . O Q a CO N N M CO �, N Q CO d0 O co . ' tp : O) .. O co ti T N N Ci n C v- 0 N d co O N N 4 h .co: N is c0 N t- a ' a ' Gi N O N O7 V7 to U CO if N ri. 1-1,, C7) a liill Q Q N O . l, 7 • 'CU 41Ir M N N O N 0 00 u7 N V at- CV .C . 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N Im O c W .E EC co j U :D O ~ Li a) O r• W (Ca 0 W ce o- O en Q U J Q 1— to c < E a tu U C' cO a) I Q J J F- co LT 42 lar N- r N (+) "1" to CO IN- N r N ('7 141: CO CO M r N M t7 tf1 CO r O Nt r- N el V 0CD In In r r r r r- r N N N N N N N N M M M M M M M M d C `R Q d' 4 m F-- rhrr . 1 / A L� r RFP #B1500028: ENGINEERING DESIGN SERVICES FOR HAUL ROAD PROJECTS c : -v 6 . SIMILAR PLAN in the following pages, we provide our selection of plan and profile sheets and culvert cross sections for Pawnee Roads CR 110. These project examples demonstrate that we understand the type of product the County is requesting. They also highlight our ability to create a complete, concise, and readable set of plans to support the chosen contractor's success. 12 r upodpoeuyeSE4 + • 10911910163 • 0091651016 Elva 00-Ft 1-00+0 d1S 31130dd 78 NYld ' a"' 11909 00V80700 A373380 • SOt INS '31)N3AV Hitt Q'1 h R ,c`,1-,, ,., AS =MID oavdoloo 'uNnoo 013M Xh a o BuIAeA1ns . &Huuokd . 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Q U �s UZ ELI, d- H ` U ain c U I N o0 to W a) cow O Wg o cc § % * w m e From: Rick Behnina To: Don Dunker Cc: Marcia Walters; Matt LaPorte; Elizabeth Relford; Matt Tvburski Subject: RE: RFP Fee Estimate #81500028 Date: Monday, February 09, 2015 3:34:57 PM Don : We have reviewed the items you listed below against our project budget and assumptions. I offer the following explanation for the items listed : • Request for information during the bid process — This service is included in the aggregate of the line item 3. 6 — " Project Specifications" • Pre-construction meeting - This service is included in the aggregate of the line items 4.6 — "Construction Inspection" and 3. 7 — " Project Management, QA/QC" a Note: Our proposal assumes all post design and post bid support services would be covered in the "Construction Inspection" line item . If the county is able to staff their own inspectors , we would request that a revised budget for construction phase services be determined and financed through this line item . • Pre Bid meeting and minutes, Kick-off meeting , Progress meetings - These service items are included in the aggregate of line items 1 . 7 , 2 . 7, and 3 . 7 — " Project Management, QA/QC" • Review revisions from redline comments — This service is included in items 2. 1 — " Preliminary Roadway Plans" and 3. 1 — " Final Roadway Plans" If the county is comfortable with these assumptions, we have no need to revise our proposal fee estimate. Please let me know if you have any additional questions or concerns and thanks again for your time and consideration . RICK BEHNING , P . E . I Division Manager I Baseline Engineering , Planning, & Surveying Northern Colorado: 710 11th Avenue, Suite 105 I Greeley, CO 80631 I Phone: 970. 353.7600 x3011 Fax: 866.679.4864 I Cell: 970.978. 1627 I www. base inecorp.com From: Don Dunker [mailto:ddunker(a�co.we d.co,us] Sent: Monday, February 09, 2015 12 : 29 PM To: Rick Behning Cc: Marcia Walters; Matt LaPorte; Don Dunker; Elizabeth Relford Subject: RFP Fee Estimate #B1500028 Rick, It appears that you did not include cost estimates for the following items in the RFP Fee Estimate for #B1500028 (CR 13, CR 19, CR126) . Request for information during the bid process Pre construction meeting Pre Bid meeting and minutes I Kick-off meeting Progress meetings Review revisions from redline comments Please submit an updated RFP Fee Estimate for all three locations (CR 13, CR 19, CR 126) for #B1500028 include the above items. Please , indicate if the above items were included in the original submitted Fee Estimate. Weld County will need an answer by 02/10/15 at 1 : 00 pm or will proceed with the process with the understanding that the above listed items costs , are included in your original submitted Fee Estimate bid . Please call me with questions. Thanks you , Don Dunker, P. E. County Engineer Weld County Public Works Department 1111 H Street Post Office Box 758 Greeley, CO 80632-0758 tel: (970) 304-6496 ex. 3749 1 is- r Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . MEMORANDUM Date : February 13 , 2015 To: Trevor Jiricek, General Services Director From: Matt LaPorte, Project Manager RE: RFP Request No. B1500028 BOCC Approval Date February 18, 2015 The Public Works Department provided a Request for Proposals for engineering services for the design of three segments of HRP roadway; WCR 13 between WCR 38 and WCR 42 (2 miles); WCR 19 between WCR 8 and WCR 12. 5 (2.5 miles); and WCR 126 from the I-25 Frontage Road to WCR 17 (2.2 miles). Public Works has completed the engineering consultant selection process associated with the design of this project. The "best-value" selection process was followed. Three (3) qualified consultants submitted proposals which included a design fee estimate and cost breakdown. Baseline Corporation submitted the best proposal with the lowest responsible cost. The following staff members are involved in the selection process: Don Dunker, Richard White, Cinde Wright, Marcia Walters, and Matt LaPorte. The selection committee is recommending award for engineering services to Baseline Corporation in the amount of $254,074. This contract amount is reasonable and fits within the overall budget. The overall project budget ($4,963 ,027) is being partially funded by a grant from DOLA in the amount of ($2,000,000). Recommendation to the Board: Public Works recommends approval of the award to Baseline Corporation. 7O/6-- 01 g W z LL N N rl el el el in CC Q Q `o [a 1 U, }• m G m O N N N N N 2 N 2 Z r O N m O Z N N m RI m m m N en ritz O Z a CC aZ co Q 3 Li' 0 r I— per 3;Li003 z Y 5 W r- 02 < 0 z u re g Z 0 U a a Z a " z ° 0 Ou i o V WELD COUNTY PURCHASING 186 1150 O Street Room #107, Greeley CO 80631 E-mail: mwaltersaco.weld.co.us r ! E-mail: reverettco.weld.co.us 1i r Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 _C0UNTY --- . DATE OF BID: JANUARY 9, 2015 REQUEST FOR: RFQ- ENGINEERING DESIGN SERVICES - ROAD HAUL PROJECTS WCR 13, 19,& 126 DEPARTMENT: PUBLIC WORKS DEPT BID NO: #61500028 PRESENT DATE: JANUARY 14, 2015 APPROVAL DATE: FEBRUARY 18, 2015 VENDORS BASELINE ENGINEERING CORP 910 11TH AVENUE SUITE 105 GREELEY CO 80631 ICON ENGINEERING INC 8100 S AKRON ST SUITE #300 CENTENNIAL CO 80112 ROCKSOL CONSULTING GROUP INC 6510 W 91 AVE SUITE 130 WESTMINSTER CO 80031 BOWMAN CONSULTING 603 PARK PT DR SUITE 100 GOLDEN CO 80401 AVI ENGINEERING PLANNING SURVEYING 220 E MULBERRY ST OFFICE #7 FT COLLINS CO 80524 OLSSON 5285 MCWHINNEY BLVD SUITE 160 LOVELAND CO 80538 IT WAS THE DECISION TO SEEK PROPOSALS AND FEE ESTIMTAES FROM THE FOLLOWING FIRMS. THEY WERE BASELINE ENGINEERING1ON ENGINEERINWAND OLSSON ASSOCIATES. RFP -ACCORDING TO THE SCHEDULE, THE RFP WILL BE ISSUED ON 1/23/15 AND WILL BE DUE 2/6/15. THE CONSULTANT WILL BE SELECTED ON 2/13/15. 2015-O35z, 2-2-206" a0072 WELD COUNTY PURCHASING • 1150 O Street Room #107. Greeley CO 80631 E-mail : mwaltersc o.weld. co. us 1:7--L- r E-mail : reverettco.weld-co. us -''` Phone: (970) 356-4000, Ext 4222 or 4223 : CO0 N TY Fax: (970) 336-7226 DATE OF BID: JANUARY 9. 2015 REQUEST FOR : RFQ - ENGINEERING DESIGN SERVICES - ROAD HAUL PROJECTS WCR 13, 194 126 DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1500028 PRESENT DATE : JANUARY 14, 2015 APPROVAL DATE : WILL LET CTB KNOW WHEN RFQ/RFP IS READY TO AWARD VENDORS BASELINE ENGINEERING CORP 910 11TH AVENUE SUITE 105 GREELEY CO 80631 ICON ENGINEERING INC 8100 S AKRON ST SUITE #300 CENTENNIAL CO 80112 ROCKSOL CONSULTING GROUP INC 6510 W 91 AVE SUITE 130 WESTMINSTER CO 80031 BOWMAN CONSULTING 603 PARK PT DR SUITE 100 GOLDEN CO 80401 AVI ENGINEERING PLANNING SURVEYING 220 E MULBERRY ST OFFICE #7 FT COLLINS CO 80524 OLSSON 5285 MCWHINNEY BLVD SUITE 160 LOVELAND CO 80538 -"THE PUBLIC WORKS DEPT WILL BE REIVEWING THESE BIDS . 2015-0181 /-e /% Hello