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.
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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.
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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
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MikeBedell.doc
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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
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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
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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.
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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
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**SEE ATTACHED BID TABULATION. THE CONTRACT AFTER THIS PROJECT WILL BE FROM 9/15/2011 TO 9/14/2012**
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