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HomeMy WebLinkAbout20112341RECEIVED APR 1 0 2013 MEMORANDUM WELD COUNTY COMMISSIONERS TO: Clerk to the Board DATE: April 10, 2013 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Agenda Bid No. B1100114 Doc #2011-2341 Contract Extension/Renewal for the Weld County Public Works 2013 Environmental Services with Tiglas Ecological Services in the amount of $50,000. Attached are two, duplicate original contract extension/renewal to the agreement. Please return one signed original agreement to the Public Works Department. M:\Francie\AgendaMlkeBedell-I dacx Ctarl4a. % euae (J/let tejy_/ /,3 deli/ -aya BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: 2013 Environmental Services Contract Extension DEPARTMENT: WELD COUNTY PUBLIC WORKS PERSON REQUESTING: Wayne Howard, P.E. County Engineer DATE: 4/04/2013 Brief description of the problem/issue: The current contract for Environmental Services between Weld County and Tiglas Ecological Services expires on April 2, 2013. The services provided by this contract include the environmental clearances required for PW in-house construction projects such as new road & bridge construction & gravel pit clearances as required by the Army Corps of Engineers. The contract allows for yearly extensions and possible rate adjustments per the Denver/Boulder/Greeley Consumer Price Index which was 1.9% for the past year. The consultant has not requested any increases to the 2013 rates and therefore the hourly rates are the same as those used in the original contract. This proposed contract extension would be for the second year of a possible three year limit. The contract change will also include this extension date to expire at the end of 2013. This change is beneficial to PW as the Purchase Order for these services are then coupled to the County's fiscal calendar year. The approved 2013 budget for these services is $50,000. Tiglas Ecological Services has worked successfully with PW for many years and has provided a very cost effective approach to the permitting process. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: PW is very satisfied with the consultant's performance and her services from past years and recommends approval for the attached 2013 contract renewal. Approve Schedule Recommendation Work Session William F. Garcia, Chair �� 1 Douglas Rademacher, Pro -Tern her Sean P. Conway Mike Freeman MC' Barbara Kirkmeyer Comments Old 'f/AC tV'\Ot4 Attachments: 2013 Contract Extension/Renewal Original Rate Schedule (2011) 1 CONTRACT EXTENSION/RENEWAL Weld County Public Works Environmental Services Date: 3/19/2013 Project: Weld County Public Works Environmental Services generally consists of environmental investigations, reports. and clearances required for capital improvement projects or mining activities. The Public Works Department typically has five to ten such projects annually. Owner: Weld County Public Works Department P O. Box 758 Greeley, CO 80632 Consultant: Tiglas Ecological Services, 5015 Swainsona Drive, Loveland, CO 80537 The following change is hereby made to the Contract Documents: Contract Time Extension: The original Agreement for Environmental Services shall be extended from April 2, 2013 to December 31, 2013 as permitted by the contract. This extension will he the second year ofa possible three year contract. Change to Original Rate Schedule: The rate schedule in the original contract shall remain unchanged. CHANGE TO CONTRACT PRICE: The limit of $50,000 total compensation for this contract has been budgeted by the Department for 2013. CHANGE TO CONTRACT TIME: The Contract time will be increased by 274 calendar days. RECOMMENDED: Owner Representative: William F. Gat'cia (Chgir PW Engineer: APR 1 5 2013 Date: PW Director: Date: APPROVALS: Consultant: Tiglas Ecological Services By: Title: Date 11/2zt 1}3 07 //- 73Y Is 2011 Hourly Rate and Equipment Rate Sheet Hourly Rate: Darcy Tiglas Biologist $65.00 per hour Equipment Rate Sheet: Vehicle: 0.555 cents per mile Computer: $25 per hour Phone: 0.10 cents per minute MEMORANDUM TO: Clerk to the Board DATE: April 4, 2012 FROM: Mike Bedell, Public Works Department SUBJECT: Consent BOCC Agenda Please submit for Chair's signature. Agreement with Tiglas Ecological Services for Environmental Services, Bid N. B1100114. Attached are two original agreements. Please return one signed agreement to Public Works. M Tranne\Agend MlkeBedell docx D,ly \ f\mAUt 4-1D i3 y- G'iv7 ee/ Pw o/% a7S S'/ BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Environmental Services, Bid No. B1100114 — Contract Award DEPARTMENT: WELD COUNTY PUBLIC WORKS PERSON REQUESTING: Pat Persichino, Public Works Director DATE: 3-28-2012 Brief description of the problem/issue: Some of the capital improvement projects require environmental investigations, reports, and clearances prior to construction. These work tasks require the services of a professional environmental consultant. The Department typically has 5-10 such projects annually. Bids were received from seven vendors on August 18, 2011 for the Environmental Services Contract. An Agreement for Professional Services was awarded to the low bidder, Smith Environmental, on September 19, 2011. The PW Department experienced difficulties working with Smith Environmental and is unhappy with the services provided. Their Contract was officially terminated on March 9, 2012. The PW Department is now recommending award of a new contract to the second lowest bidder, Tiglas Ecological Services. The PW Department has worked successfully on several projects in the past with this vendor, and has had no problems with the services provided. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) BOCC can either approve or not approve this Contract for Environmental Services. Recommendation to the Board: The Department recommends the Board approve this Contract for Environmental Services. This action will enable staff to utilize the environmental services of a well -qualified consultant to complete the requirements of various capital improvement projects. Sean P. Conway, Chair William F. Garcia, Pro -Tern Barbara Kirkmeyer David E. Long Douglas Rademacher Approve Recommendation Schedule Work Session Comments Attachments: Recommendation of Award Memo and Contract for Environmental Services AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 2nd day of April 2012 by and between the County of Weld, State of Colorado, by and on behalf of the Department of Public Works, whose address is 1111 H Street, Greeley, Colorado 80632, hereinafter referred to as "County Department," and Tiglas Ecological Services whose address is 5015 Swainsona Drive, Loveland, CO 80537, hereinafter referred to as "Contract Professional." WITNESSETH: WHEREAS, County Department is in need of hiring an independent contract professional to perform the following "Professional Services:" the professional services listed in the Scope of Services described in the Environmental Services Bid Documents (B1100114), a portion of which is attached hereto and referred to herein as "Exhibit A", and WHEREAS, Contract Professional has the time available and is willing to perform the Professional Services, according to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: TERM: The term of this Agreement shall be from April 2, 2012, through and until April 2, 2013. This Agreement may be extended for additional one-year periods, not to exceed two additional one-year periods, upon mutual written agreement of the parties. Changes in compensation for extension terms shall be negotiated by and agreed to by both parties; however, in no event shall such change exceed the Denver -Boulder, Greeley CPI as published by the Colorado State Planning and Budget Office. 2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to perform the Professional Services for the compensation provided herein as "Exhibit A". Contract Professional agrees to provide Professional Services in accordance with the terms pursuant to this Agreement by County Department. County Department reserves the right to independently bid any future project rather than issuing any future Work Order(s) to the Contract Professional for the same, pursuant to this Agreement. COMPENSATION: County Department agrees to pay Contract Professional for all service performed hereunder as follows: Environmental Services for Bridge 13/44B shall be provided for the lump sum costs bid by the Contract Professional, not the exceed $3,150.00. Afterwards, the Professional Services shall be provided at the rates set forth in "Exhibit A", as may be modified or limited by future Work Order(s). All compensation amounts payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. No individual future Work Order shall exceed $50,000 in total compensation. 3. INDEPENDENT CONTRACTOR: Contract Professional agrees that he or she is an independent contractor and will not become an employee of the County Department, nor is she entitled to any employee benefits from the County Department as a result of the execution of this Agreement. 4. INDEMNIFICATION, DESIGN AND INSURANCE: Contract Professional shall indemnify the County Department, its officers and employees, against liability for injury or damage caused by any negligent actor omission by Contract Professional in the performance of this Agreement and shall hold County Department harmless from any loss occasioned as a result of the performance of this Agreement. Contract Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contract Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $250,000. 5. NON -ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of the County Department. 6 ACCESS TO RECORDS: County Department shall have access to Contract Professional's financial records for the purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 7. TERMINATION: Either party may terminate this Agreement at any time by providing the other party with a 10 -day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 8. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 9. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 10. NON -APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of County Department to expend funds not otherwise appropriated in each succeeding year. 11. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities of County Department or its officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons other than County Department and not a party to this Agreement. 12. COUNTY REPRESENTATIVE: County Department will 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 instruction shall be directed to County Representative. 2 13. MONTHLY REPORT: Not Applicable 14. ACCEPTANCE NOT WAIVER: County Department's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Contract Professional of responsibility for the quality or technical accuracy of the work. County Department's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to County Department under this Agreement. 15. OWNERSHIP: All work and information obtained by the Contract Professional under this Agreement or individual work order shall become the property of the County. This includes, but is not limited to, reports, data, plans, drawings, records and computer files. 3 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this r)/ , 2012. COUNTY DEPARTMENT: ATTEST: day of COUNTY OF WELD, a political subdivision Weld County Clerk to the Board of the STATE OF COLORADO: Board of County Commissioners of the County of Weld By: / _:L�//.t �i���l%►:•.,:.i.�" By: Deputy C irk to the Board CONTRACT PROFS SIGN L: By: Tig (eAvi (,Q s Name: DctrcU (i g Title: SUBSCRIBED AND SWORN to before me this 203 day of P Date Sean P. Conway, Chair APR 0 9 WITNESS my hand and official seal. My commission expires: My Commission Expires 08/27/2015 3-aro- IZ Mato_ h APubIich� , 2012. 4 as// -07S W DARCY A. TIGLAS Tiglas Ecological Services 5015 Swainsona Drive Loveland, Colorado 80537 970-635-9183 August 16, 2011 Weld County Public Works Department 1111 H Street P.O. Box 758 Greeley, Colorado 80632 Co. PURCHASING no, RE: Request for Cost Proposal for Environmental Services for a Bridge Improvement Project at Weld County Bridge 13/44B near Johnstown, Colorado, No. B1100114 To Whom It May Concern at Weld County Public Works Department: This letter serves as a proposal for a number of ecological services to be conducted for a bridge improvement project at Weld County Bridge 13/44B near Johnstown in Weld County, Colorado. A wetland delineation is to be conducted at the bridge improvement site due to the presence of the Little Thompson River that flows under the bridge. I understand that the scope of work for the wetland delineation would include: • ground reconnaissance of the project area; • determination and quantification of wetlands present using accepted methods; • photograph wetland communities, if present, at the project area; • prepare report of results of the wetland delineation; and • submit report to Weld County and the U.S. Army Corps of Engineers (COE) and • forward COE correspondence and letter of fmdings to Weld County. A second task included in the ecological services requirements for this project includes a habitat assessment for the Preble's meadow jumping mouse. I understand that the scope of work for the habitat assessment would include: • ground reconnaissance of the project area; • evaluation and quantification of habitat using acceptable methods; • evaluation of site connectivity with other habitats or documented presences; • evaluation of project impacts to any identified habitat areas; • submit reports to Weld County and the U.S. Fish and Wildlife Service (FWS); and • evaluation of the potential extent of direct, secondary, or cumulative impacts the project may cause; • forward FWS correspondence and letter of findings to Weld County. The third task required for this project includes a Ute ladies' -tresses orchid habitat survey. I understand that the scope of work for the orchid survey includes: • ground reconnaissance of the project area; • conduct habitat survey for the orchid and record any presences; • submit reports to Weld County and the U.S. Fish and Wildlife Service (FWS); and • forward FWS correspondence and letter of findings to Weld County. A fourth task included in the ecological services requirements for this project includes the obtainment of a 404 -wetland permit from the COE. I understand that the scope of work for this task would include: • coordinate with the COE for a determination of nationwide or individual; • obtain the appropriate permit for the project based upon the final design; and • consult with Weld County regarding their responsibilities regarding the permit. After a site visit to the bridge, it should be noted that potential birds -of -prey nesting may occur in the area due to large and mature native trees within or directly adjacent to the proposed project area. A red-tailed hawk was observed within the project area perched on a post and may have nested nearby. A survey for birds -of -prey should also be included in the project scope in order to assure compliance with the Migratory Bird Act and Endangered Species Act that protect migratory birds. The estimated cost for the tasks outlined above, not including a birds -of -prey survey, are presented on the provided Exhibit A- Cost Proposal for Bridge 13/44B attached to this letter. The lump sum cost estimates include the tasks outlined above and drafting, review, and other direct costs. If you have any questions, or require additional information, please feel free to call me at 970-635-9183 or 970-222-2151. Sincerely, Ao_AN as_ Darcy A. Tiglas, Biologist Tiglas Ecological Services EXHIBIT A - COST PROPOSAL FOR BRIDGE 13/448 ITEM NO. DESCRIPTION Unit PRICE 1 Wetland Delineation Task 2 Preble's Meadow Jumping Mouse Task 3 Ute Ladies' -Tresses Orchid Task 4 404 Wetlands Permit Task TOTAL BID AMOUNT $ 3150 •°O LS $ 600'00 LS $ 750 00 e LS $ 1750 .0O LS $ B5D.0C NOTE: All lump sum prices shall include labor, office supplies, mileage, overhead and report writing as needed for each task. The above listed items indicate the most frequently used tasks. Future Work Orders (if applicable) may request additional services beyond those identified above. The following information shall be filled out and signed by the consultant: FIRM 111 [as aco 1 o t coi $E I W ices 1)ar-cj Ti(5las BY BUSINESS ADDRESS CITY, STATE, ZIP CODE LOVE"' d / Co SO52IEMAIL +13lasd c owl. Cori TELEPHONE NO 119 1935 u183FAX • TAX ID# 5aH -31- 111401 5015 Swag nsoruc. D r^. DATE Sine hi 6 2011 Hourly Rate and Equipment Rate Sheet Hourly Rate: Darcy Tiglas Biologist $65.00 per hour Equipment Rate Sheet: Vehicle: 0.555 cents per mile Computer: $25 per hour Phone: 0.10 cents per minute March 9, 2012 OFFICE OF BOARD OF COMMISSIONERS PHONE: 970-336-7204 FAX: 970-352-0242 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 Mr. Peter Smith, Vice President Smith Environmental & Engineering 1490 W. 121st Ave, Suite 101 Westminster, CO 80234 RE: Environmental Services Contract Dear Mr. Smith: This letter shall serve as the 10 day written notification for termination of the Professional Services Contract dated August 18, 2011. Please cease work on any projects that you are currently working on for Weld County and submit any unpaid invoices to the appropriate department. ATTEST: erk to the B Cc: Pat Persichino, Director of Public Works (' %mM'ttnicc ,icavL 3-19 COUNTY OF WELD, a political subdivision Weld County Clerk to the Board of the STATE OF COLORADO: Board of County Commissioners of the County of Weld By: P Sean Conway, Chair O24-4/-341 EC -3C00 Jennifer VanEgdom From: Sent: To: Cc: Subject: Attachments: Wayne Howard Tuesday, March 13, 2012 10:28 AM Jennifer VanEgdom Mike Bedell; Pat Persichino Contract Termination Letter Smith Termination of Contract.docx Jennifer, attached is a contract termination letter for the chair to sign for the Smith Environmental Services contract. We have discussed the contract with Monica and our commissioner coordinator (Barb) and they agree with the termination. Please prepare the letter on the appropriate letter head and request the chair's signature. Please call with any questions or if you need anything additional. Wayne Howard, P.E. County Engineer/CIP Public Works, Engineering Division P.O. Box 758, 1111 H St. 970-304-6496, Ext 3788 970-304-6497, fax Website: htto://www.co.weld.ca.us 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. COLORADO MEMORANDUM TO: Clerk to the Board DATE: September 14, 2011 FROM: Mike Bedell, Public Works SUBJECT: Consent Agenda Item Agreement for Professional Services with Smith Environmental and Engineering for the Bridge 13/44B Replacement Project in the amount of $2,900.00; Bid No. B1100114. Attached are two original Agreements; please return one signed original to Public Works. Enclosures tilt 647itt u "i11kk, M:\Francie\Ag MikeBedell.doc • PLc, pl1 G31 cA c 2Ltt -2 BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Environmental Services, Bid No. B1100114 — Contract Award DEPARTMENT: WELD COUNTY PUBLIC WORKS PERSON REQUESTING: Pat Persichino, Public Works Director DATE: 8-31-2011 Brief description of the problem/issue: Some of the capital improvement projects require environmental investigations, reports, and clearances prior to construction. These work tasks require the services of a professional environmental consultant. The Department typically has 5-10 such projects annually. For consultant selection purposes, Bridge 13/44B over the Little Thompson River, was used to submit specific bid item costs. The consultants were also asked to submit current hourly labor and equipment rates. The bid documents state that the Department's intention is to select a consultant which may be used for additional projects, and that the contract shall continue in full force and effect for one year from the date of execution. Smith Environmental Services submitted the lowest total bid cost of $2,900.00 for the environmental services required for Bridge 13/44B Replacement. They also submitted qualifications and current hourly labor and equipments rates which are reasonable and comparable to the other bidders. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) BOCC can either approve or not approve this Contract for Environmental Services. Recommendation to the Board: The Department recommends the Board approve this Contract for Environmental Services. This action will enable staff to utilize the environmental services of a well -qualified consultant to complete the requirements of various capital improvement projects. Barbara Kirkmeyer, Chair Approve Schedule Recommendation Work Session Sean P. Conway, Pro -Team K --s--2 -?*� William F. Garcia David E. Long Douglas Rademacher 644 Attachments: Contract for Environmental Services Comments -d Lt - t H,J U I t Lv✓ e p;,J \ 00,-4?J •,froccaa c ce^A-243 - RtWP>`iM ." �i' /a7 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 18th day of August, 2011, by and between the County of Weld, State of Colorado, by and on behalf of the Department of Public Works, whose address is 1111 H Street, Greeley, Colorado 80632, hereinafter referred to as "County Department," and Smith Environmental and Engineering whose address is 12071 Teion Street, Suite 470, Westminster, CO 80234 hereinafter referred to as "Contract Professional." WITNESSETH: WHEREAS, County Department is in need of hiring an independent contract professional to perform the following "Professional Services:" the professional services listed in the Scope of Services described in the Environmental Services Bid Documents (B1100114), a portion of which is attached hereto and referred to herein as "Exhibit A", and WHEREAS, Contract Professional has the time available and is willing to perform the Professional Services, according to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: TERM: The term of this Agreement shall be from August 18, 2011, through and until August 18, 2012. This Agreement may be extended for additional one-year periods, not to exceed two additional one-year periods, upon mutual written agreement of the parties. Changes in compensation for extension terms shall be negotiated by and agreed to by both parties; however, in no event shall such change exceed the Denver -Boulder, Greeley CPI as published by the Colorado State Planning and Budget Office. 2 SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to perform the Professional Services for the compensation provided herein as "Exhibit A". Contract Professional agrees to provide Professional Services in accordance with the terms pursuant to this Agreement by County Department. County Department reserves the right to independently bid any future project rather than issuing any future Work Order(s) to the Contract Professional for the same, pursuant to this Agreement. COMPENSATION: County Department agrees to pay Contract Professional for all service performed hereunder as follows: Environmental Services for Bridge 13/44B shall be provided for the lump sum costs bid by the Contract Professional, not the exceed $2,900.00. Afterwards, the Professional Services shall be provided at the rates set forth in "Exhibit A", as may be modified or limited by future Work Order(s). All compensation amounts payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. No individual future Work Order shall exceed $50,000 in total compensation. 3. INDEPENDENT CONTRACTOR: Contract Professional agrees that he or she is an independent contractor and will not become an employee of the County Department, nor is she entitled to any employee benefits from the County Department as a result of the execution of this Agreement. INDEMNIFICATION, DESIGN AND INSURANCE: Contract Professional shall indemnify the County Department, its officers and employees, against liability for injury or damage caused by any negligent act or omission by Contract Professional in the performance of this Agreement and shall hold County Department harmless from any loss occasioned as a result of the performance of this Agreement. Contract Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contract Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $250,000. 5. NON -ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of the County Department. 6. ACCESS TO RECORDS: County Department shall have access to Contract Professional's financial records for the purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 7. TERMINATION: Either party may terminate this Agreement at any time by providing the other party with a 10 -day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 8. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 9. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 10. NON -APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of County Department to expend funds not otherwise appropriated in each succeeding year. 11. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities of County Department or its officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons other than County Department and not a party to this Agreement. 12. COUNTY REPRESENTATIVE: County Department will 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 instruction shall be directed to County Representative. 2 13. MONTHLY REPORT: Not Applicable 14. ACCEPTANCE NOT WAIVER: County Department's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Contract Professional of responsibility for the quality or technical accuracy of the work. County Department's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to County Department under this Agreement. 15. OWNERSHIP: All work and information obtained by the Contract Professional under this Agreement or individual work order shall become the property of the County. This includes, but is not limited to, reports, data, plans, drawings, records and computer files. 3 GG IN WITNESS WHEREOF, the parties hereto have signed this Agreement this /9 day of 6eptemho- , 2011. COUNTY DEPARTMENT: CONTRACT �� S�ONAL: By: 2xsit 11, Enn(roiMarcc, Name: Title: Pe%r L_ vce- e COUNTY OF WELD, a political subdivision Weld County Clerk to the Board of the STATE OF COLORADO: Board of County Commissioners of the County of Weld ByC ti'.214,2 . Barbara Kirkme er, Chair SEP 19 2011 Date ( SUBSCRIBED AND SWORN to before me this day of A Ulf LAN" - WITNESS my hand and official seal. My commission expires: U0v1MnVY.- 1(630O - go j 4 EXHIBIT A - COST PROPOSAL FOR BRIDGE 13/44B ITEM NO. DESCRIPTION Unit , PRICE 1 Wetland Delineation Task 2 Preble's Meadow Jumping Mouse Task 3 Ute Ladies' -Tresses Orchid Task 4 404 Wetlands Permit Task i, 0 TOTAL BID AMOUNT S Ls S /, 2 5. LS $ 55.00 LS $ 171,2 5, o LS $ 7j' ( 6 NOTE: All lump sum prices shall include labor, office supplies, mileage, overhead and report writing as needed for each task. The above listed items indicate the most frequently used tasks. Future Work Orders (if applicable) may request additional services beyond those identified above. The following information shall be filled out and signed by the consultant: FIRM Smith Environmental and Engineering BY Peter Smith, Principal in Charge BUSINESS ADDRESS 12071 Tejon St. Suite 470 CITY, STATE, ZIP CODE Westminster, CO 80234 TELEPHONE NO (720) 887-4928 FAX (720) 887-4680 5 DATE 8/18/2011 EMAIL petersmith@smilhdeiivers.com TAX ID # 84-1548879 20II BILLING RATES - SMITH ENVIRONMENTAL AND ENGINEERING Labor Categories Billing Rates Personnel ($/ht) Principal $135.00 P. Smith Senior Env Engineer/Project Manager $98.50 T. Brown, M. Peak Senior Environ. Scientist/Project Manager $98.50 J. Cipra Senior GIS Specialist $98.50 J. Cipra Environmental Engineer II/Project Manager $80.00 D. Alonzo Environmental Scientist II/Project Manager $80.00 A. Horn, B. Marerte, A. Ricker, D. Masters Senior Cultural Resource Specialist $80.00 D. Hill, Ph.D., C. Berg, Ph.D., Heidi Guy Hays Landscape Designer II $78.50 B. Kelly Historic Preservation Specialist II $69.50 E. Nuhfer Historian/Archaeologist II $69.00 J. Halasi, E. Morton Paleontologist $78.50 A. Dutchak GIS Specialist II $80.00 B. Kelly, D. Masters Environmental Specialist $72.00 M. DeMille Historian/Archaeological Specialist I $59.00 D. Sahara GIS Specialist I $59.00 S. Poessel, R. Hannon, D. Sabata Environmental Scientist I $ 59.00 S. Poessel, M. Catanese Construction Superintendent $57.00 M. Sigg, C. Shellenberg, M. Scialdone Cultural Resource Technician II $ 50.00 S. Snyder. Cultural Resource Technician I $44.00 R. Hannon, S. Mosman., N. Boughton, J. DeHerrera Crew Chief $50.00 Senior Field Technician $44.00 R. Hannon, C. Giron, C. DeKnikker Junior Field Technician $36.00 J. Engle, C. Miller Principal - Technical Editor $75.00 L. Smith Editor/Graphics Specialist $65.00 L. Gariepy AutoCAD/GIS Specialist $57.00 G. Mantey, D. Shull Office Manager $50.00 A. Beck, C. Davidson Administrative Assistant $35.00 S. James Other Direct Costs Race mileage (2x4) $0.555 Giddings drill rig on 4X4 truck $175/day airfare, meals and lodging cost + 10% EDR hazardous material database search cost + 10% CNHP database search cost + 10% GPS unit daily rental rate $100.00 aerial photos cost + 10% color copying cost + 10% black & white copying (8 1/2" x 11") cost + 10% miscellaneous field supplies cost + 10% laboratory analyses cost + 10% large plots (2's3', 3'x4', em.) $1.50/sq ft Theodolite/surveying equipment daily rare $100/day ATV $45/day Subcontractor invoices Cost + 10% ATV plus herbicide applicator $35/day Trailer $30/day Herbicide backpack sprayers $10/day Hand held herbicide sprayer $ 5/day Water Tank and Pump $30/day u MEMORANDUM TO: Monica Mika, Director of Finance and Administration DATE: September 13, 2011 FROM: Wayne Howard, P.E., County Engineer/CIP SUBJECT: Environmental Consultant Services Bids were received from seven vendors on 8/18/2011 for the Environmental Services Contract. Bids ranged from $2,900 - $13,759 with the low bid being submitted by Smith Environmental and Engineering from Westminster, CO. The PW Department has not worked with Smith Environmental and Engineering in the past, but has reviewed their qualifications and wage rates and can find no reason not to award the contract to the low bidder. It is my recommendation to award the contract to Smith Environmental and Engineering. PW intends to use the selected consultant on a yearly basis with an option for an extension for up to two additional years. The hourly rates submitted in the bid will be the basis for other environmental services specific to upcoming projects. 0 yew ck., . P t.;, c \ , P U q-Itc-II 2 a;t-aaLi/ BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Environmental Services, Bid No. B 1100114 — Contract Award DEPARTMENT: WELD COUNTY PUBLIC WORKS PERSON REQUESTING: Pat Persichino, Public Works Director DATE: 8-31-2011 Brief description of the problem/issue: Some of the capital improvement projects require environmental investigations, reports, and clearances prior to construction. These work tasks require the services of a professional environmental consultant. The Department typically has 5-10 such projects annually. For consultant selection purposes, Bridge 13/44B over the Little Thompson River, was used to submit specific bid item costs. The consultants were also asked to submit current hourly labor and equipment rates. The bid documents state that the Department's intention is to select a consultant which may be used for additional projects, and that the contract shall continue in full force and effect for one year from the date of execution. Smith Environmental Services submitted the lowest total bid cost of $2,900.00 for the environmental services required for Bridge 13/44B Replacement. They also submitted qualifications and current hourly labor and equipments rates which are reasonable and comparable to the other bidders. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) BOCC can either approve or not approve this Contract for Environmental Services. Recommendation to the Board: The Department recommends the Board approve this Contract for Environmental Services. This action will enable staff to utilize the environmental services of a well -qualified consultant to complete the requirements of various capital improvement projects. Approve Schedule Recommendation Work Session Barbara Kirkmeyer, Chair Sean P. Conway, Pro -Team William F. Garcia David E. Long Douglas Rademacher Attachments: Contract for Environmental Services Comments pk,J vAe- v.* la,,Gtot -•a bra cvaa G'//- oz3 o x,otw O o 3O z O N E OU V O a M mwtmM O rn v0 0 m m c O X sr W W CL LL cc Q W >- 0 0 W Z 0 CC 0 LL W 0 5 a W ^ ,^ v! r a O r N ~ W O W M m N® 2 Z Y W 00O 0 =a r CC 3 c9 w o>.9 DU) 0Z.avQ O 0 Z O Q C) W W mOJ m H t F Q 0LQ0w0 w3QZcOCC Fdd wa. gct o a o m d< **SEE ATTACHED BID TABULATION. THE CONTRACT AFTER THIS PROJECT WILL BE FROM 9/15/2011 TO 9/14/2012** VENDORS M a N � U Z j o y o ww w z� << Z ZWN N ~ N 0 0w0 0O0 W OI a.a0 N0 <I -to 2iNV yU z=0o Ona Few o^> y J r Z O,...z O r W 0) H z Qo Ho M J la r # N V) W Q Z I - CD # w UN J 3i Tr W O H JO < w N > z j N <>...- I -I-0 <00 mo, zmo Wy0 0 W =}O<0 WZoo ZH0 0Z� d'O ZYU 00ce 000 (7 O 0U wzV:i -we oz zo-I 500 o_o of -m ≥-'w W I_ W aQ w<z wwLi H H < y J o co W H 2 H t -w -fl > � Mz 0 O W 0r In NR Mr� h. MD OJ a. N.O WNm M O 0 0 ger Z F- U) w LU a N IX m rn ma co %— Liu m W 4t co Z Z W Q gJ Z� Om H J W m ca a o 0 W 0 0 o iS (/)- o o ri N N V} 0 c? en E ri 0 o LA Ln M V} 0 o 01 n M el - AECOM 0 o Ui N m V} O O co ri ' O O co ri 0 O co N CO 0 O <f1 N N 0) 69 CTL Thompson O CS cm rj V} O O CNI cn ri N O O CV cn ri V} 0 O W M re 1.4 0 0 0 cm ai is SWCA Environmental O m M v V1 O vi 'c on OO iD ry Cl V} 0 ri m N VT O ri <0 v yr PKM DESIGN O C Ni. (n O 0 'H V} O o - tn. O V ri. O'? 0 O 00 m is Tiglas Ecological O Ci O CO in O CS O NN in 0 O p U) in 0 o CO in 0 0 O U) M 41, Smith Environmental 0 0 N ti O o V1 O vi V 0 vi lD 0 0) N in Bid Item No. r v c a z N 'm U! O a M v ` V E d a m Q f- O In O w O Z 1-2 O w 0 Z 1.2 O w O Z In `0 w 0 Z O I- w 0 Z I- O 0 Z 0 W 0 Z m O Z Hello