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Home My WebLink About20143043.tiff II �i MEMORANDUM _G C y h- 17- TO: Clerk to the Board DATE: October 16, 2014 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda Bid #B1400168 Doe #2014-3043 Agreement for Professional Services with Geostruct Engineers, Inc. DBA: RMG-Rocky Mountain Group. One original agreement is attached. M a r,n,id.,GFND.memosvAgcfl'dnJoeh—i-doox denalfrtt 661Q44-- W0/4-304316-as-QolV IL= O1( c� CjTtt) AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & GEOSTRUCT ENGINEERS, INC DBA: RMG-ROCKY MOUNTAIN GROUP THIS AGREEMENT is made and entered into this 15 day of October, 2014, 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 Geostruct Engineers, Inc DBA: RMG-Rocky Mountain Group. a corporation, who whose principal office street address is 2910 Austin Bluffs PRY, Colorado Springs, Colorado 80918 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 teens 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: I. Introduction. The terms of this Agreement are contained in the tenns 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. B 1400168". 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. 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 hind 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, (I ) 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 sere ices shall he 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 $150,600.50, 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 hid 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 terns of this Agreement. Mileage may be reimbursed if the provisions of Exhibit B permit such payment at the rate set forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in this Agreement. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and,(if permitted under this Agreement),mileage expense incurred. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution,Article X, Sec. 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities 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. 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 pennission 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. 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 he construed as a waiver of any of the County's rights under this Agreement or under the law generally. 12. 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, during any warranty period, and for three(3) years after termination of the Agreement.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. The insurance cov erage'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 con-ect 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 ally claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance,order,or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors,or assigns, its elected officials,trustees,employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain,and maintain at all times during the term of any Agreement,insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 Commercial General Liability Insurance shall include bodily injury, property damage. and liability assumed under the contract. • S1,000,000 each occurrence; S1.000.000 general aggregate; SI.000,000 products and completed operations 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 coveringtingfill 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 S 1,000,000 Aggregate S 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 he 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 Rid 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. 13. 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. 14. 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. IS. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make. within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or • (c) electronic transmission via email at the address set !bill below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice addresses) by written notice to the other. Notification Information: Contract Professional: Tom Cope Attn.: Professional Engineer Address: 1601 371h Street Address: Evans, CO 80620 E-mail: tcope(a nng-engineers.com Facsimile:970.330.1071 • County: Name: Joshua Holbrook Position: Construction Inspection Supervisor Address: PO Box 758 Address: Greeley, CO 80632-0758 E-mail:jholbrook@weldgov.com Facsimile: (970) 304-6497 16. Compliance with I.aw. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. Severability. If any term or condition of this Agreement shall he 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. 22. Governmental Immunity. No term or condition of this contract shall he 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. 23. 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. 24. 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. 25. 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. 26. 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 of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E-Verify Program or State of Colorado program procedures to undertake pre- employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-I03(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. 27. 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. 28. 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. 29. 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. 30. Compliance with Colorado Department of Transportation Regulations and Standards_ Contract Professional acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement. and Contract Professional agrees to meet or exceed all standards set by these publications. Contract Professional further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF,the parties hereto have signed this Agreement this /v day of , 201'`x: CONTRACT PROFESSIONAL: By: _. Date I t7/f-Nan . NUJ f: e-1-4/7.-e_e _ Title: Or,-s��<-, WELD C TY• ATTEST: O„LueN/ O • ''''V4tS BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board 4 ita age ELD COUNTY, ORADO BY: �� 1$1 ex )7(co ctt tYZ4 q � De uty Clerk to the Boar.Igo O 1�P glas Ra emacher, air OCT 2 2 2014 APPROVED AS TO FUNDINac. (. PRO. ED AS TO SUB ANCE: Vtt Controller -Ie6 eyI f r eparhnen AJ PVED AST Snit • �� Director of ral Services County Attorney A EXHIBIT A "14REQUEST FOR BID 48e- tar WELD COUNTY, COLORADO 1150 0 STREET GREELEY, CO 80631749: yb u N.111Mir DATE: September 10, 2014 BID NUMBER: B1400168 DESCRIPTION: Soil Survey WCR 49 Corridor MANDATORY PRE-BID CONFERENCE DATE: September 17, 2014 BID OPENING DATE: October 1, 2014 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County") is soliciting geotechnical services for the Weld County Road 49 Corridor between US 34 and 1-76. A mandatory pre-bid conference will be held at 10:00 a.m., on September 17, 2014, at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley. Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 0 Street Room #107 Greeley CO 80631 until: 10:00 am,October 1,2014 (Weld County Purchasing Time Clock), PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above-listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasinq/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County— 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e l d g o v . c o m . Emailed bids must include the following statement on the email: "I hereby waive my right to BID REQUEST#B1400168 Page 1 a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room#107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. BID REQUEST#B1400168 Page 2 In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES- ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce 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. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID REQUEST#B1400168 Page 3 B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. BID REQUEST#B1400168 Page 4 J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. P. Non-Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the BID REQUEST#B1400168 Page 5 successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non-Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders 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 BID REQUEST#B1400168 Page 6 services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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 Successful bidder. Successful bidder shall be responsible forthe payment of any deductible or self-insured retention. County reserves the right to require Successful bidder 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 Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder 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 successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, 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 successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder 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 successful bidder 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 successful bidder 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 successful bidder 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 successful bidder 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 successful bidder 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 successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall BID REQUEST#B1400168 Page 7 not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs,with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder 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. Successful bidders 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 Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder 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, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, 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 Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub- vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub-vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST#B1400168 Page 8 Soil Survey WCR 49 Corridor Bid Request No. B1400168 Weld County,Colorado Addendum Number One To the Scope of Services and Fee Schedule The Following shall replace pages 9, 10 and 11 under the specification and/or scope of work and proposed pricing. Scope of Services The services will generally consist of geotechnical and construction material testing services. Weld County Public Works — The WCR 49 Corridor between US 34 and 1-76 will require geotechnical services. The testing frequency will be a bore hole within the driving lane of CR 49 1000' in each direction staggered (ten per mile), with one of the bore holes in each shoulder per mile plus a bore hole every 1/2 mile each side staggered in the existing roadside ditch (four per mile). The roadside ditch sample will be separated from main line testing. The drive lane and shoulder bore hole depths shall be 5 foot deep minimum unless they are in a cut area where the bore hole shall be 10 foot deep minimum (Weld County will provided these locations). The 10 foot deep holes shall have two combined R-values and classifications for each 5 foot depth of soil bored. The soil bore holes in the roadside ditch shall be 5 foot deep minimum recording the depth of organic matter and classification of soil below the matter. Each bore hole shall be GPS. There is approximately 18.75 miles of roadway required to be tested per this contract. The areas removed are the intersection at US 34 and CR 49, 1/4 mile north, and the intersection at CR 22 and CR 49, 1/2 mile north and south of CR 22 on CR 49. There is approximately a total of 277 soil bore holes required and approximately 84 of those will be 10 feet deep minimum. Traffic Control will be required during all operations on CR 49, flaggers will be allowed but one lane shall remain open at all times, with no more than 10 — 15 minutes delays allowed in any one direction. Please Note, at no time shall the roadway be closed during operations related to this contract. A right of way permit will be required (no charge since County Project) and MHT's submitted with each traffic control setup, contact Amy Joseph with questions 970-304-6496 ex.3764. All bore holes in the asphalt shall be grouted (4,000 psi non-shrink) full depth of Asphalt. All bore holes within the roadside ditch shall be backfilled with pea gravel or cuttings from sample. Call for utility locates before you dig is required prior to any digging being started. The hard copies shall be submitted within 48 hours. Weld County will accept emailed Adobe (pdf) files as final documentation, with the understanding that an authentic signature could possibly be required if the test results are contested. It is expected that all costs such as mileage, labor, equipment, typing, reviewing, and report writing to be included in all prices submitted. Bid Schedule Advertisement: September 5, 2014 Published: Greeley Tribune Proposals Due to Purchasing: October 1, 2014 @ 10:00 am Proiect Schedule (Milestones) All field work to be completed by December 31, 2014 All lab and project reporting to be completed by March 31, 2014 Weld County Contact Questions related to the project and procedures should be directed to: Joshua J. Holbrook—Construction Inspection Supervisor Weld County Public Works 970.304.6496, ext. 3734 jholbrook@co.weld.co.us BID REQUEST#61400168 EXHIBIT B Terms and Conditions All Consultants will be required to sign Weld County's Professional Services Agreement. A sample contract is included in this document. The payment for services shall be based on unit prices and reimbursement rates for completed services as described under the Scope of Services. Use of Subcontractors The Consultant shall indicate in their proposal any work intended to be performed by subcontractors or persons outside of the firm. The Consultant shall name the subcontractors, if known at the time the proposal is submitted. If the names of subcontractors are not presented in the proposal, the County reserves the right of approval or rejection. FEE SCHEDULE Item Est. Description Unit Unit Price Total Price No. Quantity Soils Classification, liquid Limit, 101 Plastic Limit, Plasticity Index Ea. 277 $45.00 $12,465.00 Hveem Stabilometer-"R- 102 value" Ea. 60 $250.00 $15,000.00 103 Proctor-Standard Ea. 60 $80.00 $4,800.00 104 Full Sieve Analysis Ea. 277 $60.00 $16,620.00 105 Water Soluble Sulfates Ea. 77 $25.00 $1,925.00 106 pH Ea. 77 $25.00 $1,925.00 107 In place Moisture Content Ea. 277 $5.00 $1,385.00 108 Drill Rig LF 1,810' $15.80 28,598.00 • Laboratory Services One-Dimensional Swell Test (Relatively undisturbed 401 sample) Ea. 50 $50.00 $2,500.00 BID REQUEST#B1400168 Traffic Control Traffic Control -Flaggers(2 501 to 3) Hour 1,050 $21.85 $22,942.50 Traffic Control Supervisor 502 (TSC) Day 35 $550.00 $19,250.00 All signs, Barrels, Barricades, 503 Cones, ect. LS 1 $6,000.00 $6,000.00 Professional Services 601 Project setup LS 1 $7,190.00 $7,190.00 602 Other professional Services FA 1 $10,000 $10,000 Total Bid Amount $150,600.50 NOTE: Other professional Services line item 602 must be included in the overall project cost. All prices shall include labor, overtime, cell phone, testing, sampling, reviewing, typing and report writing as needed for each service. The above listed items indicated the most frequently used tests. Each professional Service agreement may request additional testing services beyond those identified above. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No.#B1400168. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Geostruct Engineers, Inc. dba RMG — Rocky Mountain Group BY Tom Cope (Please print) BUSINESS ADDRESS 1601 37th Street DATE 9/30/14 CITY, STATE, ZIP CODE Evans, CO 80620 TELEPHONE NO (970)330-1071 FAX (970) 330-1252 TAX ID# 84-1447268 SIGNATURE E-MAIL�� E-MAIL tcope(a�rmg-engineers.com WELD COUNTY IS EXEMPT ROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NE ED TO SEND BACK PAGES 1 -8. BID REQUEST#B1400168 AC R EP O CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 46•Li ./ 10/16/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ' IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to ' the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Michael J HaJL&Company Michael J Hall&Company PHONE FAX AIL F4).360-598-37003700 IA/C,No): Hall&Company 19660 10th Ave NE ADDREss:certificates©hallandcomoany com Poulsbo WA 98370 INSURERLSJ AFFORDING COVERAGE _NAICP INSURER A:The Travelers Indemnity Company of 5666 INSURED 2059 INSURER B:The Phoenix Insurance Company 5623 Geostruct Engineers Inc INSURER C:Travelers Property Casuality Comoan 25674 DBA RMG Engineers Group INSURER D-:Travelers-Casualty and Surety.Co-of_.___._-_.____31194___. 2910 Austin Bluffs Parkway Colorado Springs CO 80918 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1977955071 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD. POLICY NUMBER IMM/DDIYYYYI (MM/DDIYYYY) LIMITS A GENERAL LIABILITY 6808033N25A 7/24/2014 7/24/2015 EACH OCCURRENCE i $2_,00_0,000DAMAGE TO RENTED _ X COMMERCIAL GENERAL LIABILITY PREMSES(Ea occurrence) I$300,000 CLAIMS-MADE X OCCUR I MED EXP(Any one person) V5,000 _- IX OCP/XCU/BFPD I PERSONAL B ADV INJURY 1$2,000,000 • X Separation Insds GENERAL AGGREGATE 54,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: t PRODUCTS-COMP/OP AGG $4,000,000 1' POLICYrx JEOT LCC $ B AUTOMOBILE LIABILITY • BA8179N410 7/24/2014 ;7/24/2015 COMBINED SINGLE LIMIT _accident) $1,000,000 X _ ANY AUTO BODILY INJURY(Per person) $ I~ I ALL OWNED j SCHEDULED BODILY INJURY(Per accident) $ ! :AUTOS AUTOS rt NON-OWNED - PROPERTY DAMAGE 5 HIRED AUTOS AUTOS (Per accident) I $ C X UMBRELLA LIAR X OCCUR UB3944T736 7/24/2014 17/24/2015 ' EACH OCCURRENCE $2,000,000 EXCESS LIAB (CLAIMS-MADE I AGGREGATE 52,000,000 DED X RETENTION 510,000 $ C WORKERS COMPENSATION I UB3944T736 7/24/2014 7/24/2015 X WC STATU- I I0A-1-I PLOYERS' LITY ANY DENT $1,000,000 • R/MEMBER DESCRorry in NH) OF OPERATIONSID EbetlowVE VIN NIA E L DDIJSEASE I EA EMPY LOYEE $1000,000 If yes,describe under D Professional Liab;Claims Made I 11705317345 7/24/2014 7/24/2015 $1,000,000 Per Claim 11 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder(s)is/are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella/Excess Liability and Workers Compensation/Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 758 Greeley CO 80632 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD RESOLUTION RE: APPROVE EMERGENCY BID #B1400168, SOIL SURVEY COUNTY ROAD 49 AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION - DEPARTMENT OF PUBLIC WORKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting period for Emergency Bid Request #B1400168, Soil Survey, County Road 49, for the Department of Public Works, due to the fact that surveying will need to be done prior to the first snow fall, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said emergency bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request #61400168, Soil Survey, County Road 49, for the Department of Public Works, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from Geostruct Engineers dba RMG — Rocky Mountain Group, in the amount of $150,600.50, be, and hereby is, accepted on an emergency basis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of October, A.D., 2014. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, LORADO ATTESLC4reticti CLl J 4 f \ 1;f1. (]x UV oyglas tQademacher, Chair Weld County Clerk to the Board EL rbara Kiirkmeye3, Pro-Tem/ B i► , I t I.. ./. r !V c' . C De.ut (Clerk to the :-oard '��ry•14V n . Conway C;?� Mike Frees " Attorney ,� illiam F. Garcia O Date of signature: 1 4 2014-3043 P00016 ,,7W'Tu r%0 EG0070 ,86i MEMORANDUM aUrtt 5 4 TO: Jay McDonald, Public Works Director DATE: 10.2.2014 • %• FROM: Joshua Holbrook, Public Works Department SUBJECT: Soil Survey WCR 49, No. B1400168 hr short-listed companies bidding on the Owner's Representative At the RFP presentation, we met the three s o p P Service for the WCR 49 Corridor Project for the Design-Build. It was indicated that the County could reduce the bids on the Design-build contract if the County would get the soil survey done in advance to alleviate the Design-Build team's risk. Seven bids were received and opened on October 1, 2014, for WCR 49 Soil Survey contract. The Bids that were received range from $150,600.50 to $232,293.70. The lowest bid was submitted by Geostruct Engineers, Inc (DBA: RMG-Rocky Mountain Group) based out of Evans Colorado. Attached is a summary showing the cost from each vendor. The estimated cost for this service was $200,000; therefore, it is our recommendation to award the project to Geostruct Engineers(DBA: RMG-Rocky Mountain Group) for a total amount of$150,600.50. Work is expected to begin in October and finish in March 2015. pc: Trevor Jiricek, Director of Environment Health and General Services Marcia Walters, Purchasing Department Rose Everett, Purchasing Department Don Dunker, County Engineer Elizabeth Relford, Public Works Transportation Planner Janet Lundquist, Public Works Traffic Engineer Mona Weidenkeller,Office Tech IV/Payable/Receivable 2014-3043 \ 2888888 /// ( 9 \ \ \ ��\ � \\ \ ! 8 , . . . . ,8 6 ) § 8 8 ! ii Li \ ' 888888 ) \ / } \ | ; 8888888 Q R S 8 888 \ \ / { } \/--/ \ /\ ' 9 8 8 / \ \ g // 8 88 aE l \ \ \ \/ -- 8 888: ,m \ \ ( Z' | | , . . . , - ! ! ! I \ . „ : . ! \/ / \ \ ) : . . . . , - , . . . ! - - ,8; \ | \ , � . . \ \ , F \ g ' S ! :i. „ : = : E ; . ! , - - - § t , : w a : . , ! 6 „ ; = Reel ; e , , , ` { ! ;E ; \ L - > : * g } / / /{ \ / \ / \ E 3 T OrO $ 8888888 8 888 8 8 R d '7,10 80R ryi : :;8 8 8 8 8 8 8 g 8 r r _ _ Qm g 9 " .g g u N q r H N h N N N H H h N S. 8 88888 8 888 8 8 & 8 F & $ e 8 88888 B g F F v.,../...,.., 8 888_8 $ — ~ ~ tl N l7 if ,. 822 r e ^ P8 8 O o i7 N IC m . Nw wwwwwww w www 4 E ti El o 8 5 8 S 3 n m 8 R E l E E - g c o � 1G 8 F;i7 i1 A 0 41t; 8 E ;5 ;5' i j t ' ` tl S '_ ' V N S a . a B 3 e_ o 'Ai . T a a o WELD COUNTY PURCHASING �` X861 '°r 1150 O Street Room #107, Greeley CO 80631 " , `-"-°�— - - E-mail: mwalters(a),co.weld.co.us : � n E-mail: reverettCa�co.weld.co.us • 1° 171�8 ;' Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: OCTOBER 1ST 2014 REQUEST FOR: SOIL SURVEY-WCR 49 CORRIDOR DEPARTMENT: PUBLIC WORKS DEPT BID NO: #61400168 PRESENT DATE: October 6th 2014 APPROVAL DATE: October 6th, 2014-(EMERGENCY APPROVAL) VENDOR TOTAL GEOSTRUCT ENGINEERS INC $150,600.50 DBA: RMG-ROCKY MOUNTAIN GROUP 1601 37TH Street Evans CO 80620 TERRACON CONSULTANTS $173,915.00 1289 1ST Avenue Greeley CO 80631 NINYO & ASSOCIATES $199,870.00 11680 Quay Street, Ste C Broomfield CO 80020 GROUND ENINEERING CONSULTANTS $199,964.00 2468 E. 9`h Street Loveland CO 80537 RRC POWER & ENERGY, LLC $205,545.00 3801 Doris Lane Round Rock TX 78664 ' MARTINEZ ASSOCIATES INC $227,619.00 1600 W. 13th Avenue Denver CO 80204 GEOCAL $231,292.70 7290 South Fraser Street Centennial CO 80112 PUBLIC WORKS IS REVIEWING THE BIDS AT THIS TIME. 10/1 Hello