HomeMy WebLinkAbout20131454.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR
TO SIGN - SHORT ELLIOTT HENDRICKSON, INC.
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 Board has been presented with an Agreement for Professional Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Short Elliott
Hendrickson, Inc., commencing June 12, 2013, and ending June 12, 2014, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Professional Services between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Public Works, and Short Elliott Hendrickson, Inc., be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2013.
Weld County Clerk to the Board
BY:
Deput
APPR
Clerk to the Boar
ttorney
Date of signature: JUN 2 1 2013
BOARD OF NTY COMMISSIONERS
WELD C NT ,
COLORADO
. Gaia
William
Chair
er, Pro-Tem
Mike Freeman
/At{ A J/ YN_-(
arbara Kirkmeyer I
CUWi�(
2013-1454
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: June 10, 2013
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Agenda
Per the Work Session held on June 10, 2013, presented by Trevor Jiricek, Director of General
Services, attached are two duplicate Agreements for Professional Services with Short Elliott
Hendrickson for consultant construction services.
Attached are two duplicate original agreements.
Please return one signed original agreement to the Public Works Department.
M' TPrancieWGENDA memos\Agenda lkeeedell- 1. docx
2013-1454
AGREEMENT FOR PROFESSIONAL SERVICES
alt
THIS AGREEMENT is made this /..e- day of -ILA e , 2013, by and between
Short Elliott Hendrickson Inc. (S.E.H.), whose address is 2000 South Colorado Boulevard, Suite
6000, Colorado Center Tower One, Denver, CO 80222-7938, hereinafter referred to as
"Contractor," and 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."
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the 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:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from June 12, 2013, through and until
June 12, 2014.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A (Scope of Work), attached hereto and incorporated herein.
4. Compensation.
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A (Scope of Work). Charges shall be based on the time actually spent
performing the services, but shall exclude travel time.
b. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed.
c. Payment for services and all related expenses under this Agreement shall
not exceed $178,200.00.
5. Additional Work. 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 Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
1
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor 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. Independent Contractor. Contractor shall perform its duties hereunder as an
independent contractor and not as an employee. Contractor shall be solely responsible for its acts
and those of its agents and employees for all acts performed pursuant to this Agreement. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee
of County. Contractor and 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 Contractor or any of its agents or employees. Unemployment
insurance benefits will be available to Contractor and its employees and agents only if such
coverage is made available by Contractor or a third party. Contractor shall pay when due all
applicable employment taxes and income taxes and local head taxes (if applicable) incurred
pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind
County to any agreement, liability or understanding, except as expressly set forth in this
Agreement. Contractor 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 County.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Reports County Property. All reports, test results and all other tangible materials
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. Contractor
shall not make use of such material for purposes other than in connection with this Agreement
without prior written approval of County.
9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor
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 furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the work. Acceptance by the County of, or payment for, any services performed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County
and CDOT, their officers and agents, from and against injury, loss, damage or liability arising
from Contractor's acts, errors or omissions in seeking to perform its obligations under this
2
Agreement and shall hold County harmless from any loss occasioned as a result of the
performance of this Agreement. Contractor shall be responsible for the professional quality,
technical accuracy, timely completion, and the coordination of all services rendered by
Contractor 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 $1,000,000. Contractor shall provide necessary workers'
compensation insurance at Contractor's own cost and expense.
11. 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. In
the event of an early termination, Contractor shall be paid for work performed up to the time of
notice and County shall be entitled the use of all material generated pursuant to this Agreement.
12. Non -Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for 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.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. 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.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
17. Compliance With Law. Contractor shall strictly comply with all applicable federal
and State laws, rules and regulations in effect or hereafter established, including without
limitation, laws applicable to discrimination and unfair employment practices.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
3
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
21. Fund Availability. Financial obligations of the County payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted and
otherwise made available. By execution of this Agreement, County does not warrant that funds
will be available to fund this Agreement beyond the current fiscal year.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
24. Governmental Immunity. No term or condition of this contract shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et
seq., as applicable now or hereafter amended.
25. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
26. Board of County Commissioners of Weld County Approval. This Agreement
shall not be valid until it has been approved by the Board of County Commissioners of Weld
County, Colorado or its designee.
27. Choice of Law. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
4
provision included or incorporated herein by reference which conflicts with said laws, rules
and/or regulations shall be null and void
28. Public Contracts for Services. C.R.S. 48-17.5-101. Contractor certifies, warrants,
and agrees that it does not knowingly employ or contract with an illegal alien who will perform
work under this contract and 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 Department program established pursuant to C.R.S.
§8-17.5-102(5)(c). Contractor 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 Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement. Contractor (a) shall not use E -Verify
Program or Department program procedures to undertake pre -employment screening or job
applicants while this Agreement is being performed, (b) shall notify the subcontractor and Weld
County within three (3) days that Contractor has actual knowledge that a subcontractor is
employing or contracting with an illegal alien and (c) shall terminate the subcontract if a
subcontractor dues not stop employing or contracting with the illegal alien within three (3) days
of receiving notice, and (d) 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 Contractor participates in the Department program, Contractor 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 Department program.
If Contractor 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, Contractor shall be
liable for damages.
29. 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
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement. Contractor has no interest and shall not acquire any interest
direct or indirect, which would in any manner or degree with the performance of Contractor's
services and Contractor shall not employ any person having such known interests. During the
term of this Agreement, Contractor shall not engage in any in any business or personal activities
or practices or maintain any relationships which actually conflict with or in any way appear to
conflict with the full performance of its obligations under this Agreement. Failure by Contractor
to ensure compliance with this provision may result, in County's sole discretion, in immediate
termination of this Agreement.
30. Attorneys Fees/Legal Costs. In the event of a dispute between County and
Contractor, 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.
5
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
SHORT ELLIOTT HEN CKSON INC.:
By:
Title: 1/7 41 ,*s,,0,��T
1,Jt-4 a 3 /S/ 9
4/3/2.01.3
ATTEST:
w.-
Weld County Clerk to th oard
BY•
Deputy Clerk te Board
6
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
2
tam F. Garcia, Chair
JUN 1 2 2013
ADDENDUM A: FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that
other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635)
are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The
requirements of 49 CFR 18 include, without limitation:
1. The Local Agency/Contractor shall follow applicable procurement procedures, as required by section
18.36(d);
2. The Local Agency/Contractor shall request and obtain prior CDOT approval of changes to any
subcontracts in the manner, and to the extent required by, applicable provisions of section 18.30;
3. The Local Agency/Contractor shall comply with section 18.37 concerning any sub -grants;
4. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other authorized
representative, shall also submit a letter to CDOT certifying Local Agency/Contractor compliance with
section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37
sub -grant procedures, as applicable;
5. The Local Agency/Contractor shall incorporate the specific contract provisions described in 18.360)
(which are also deemed incorporated herein) into any subcontract(s) for such services as terms and
conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by
Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41
CFR Chapter 60) (All construction contracts awarded in excess of $10,000 by grantees and their
contractors or sub -grantees).
C. The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations
(29 CFR Part 3) (All contracts and sub -grants for construction or repair).
D. The Davis -Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29
CFR Part 5) (Construction contracts in excess of $2,000 awarded by grantees and sub -grantees when
required by Federal grant program legislation. This act requires that all laborers and mechanics employed
by contractors or sub -contractors to work on construction projects financed by federal assistance must be
paid wages not less than those established for the locality of the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor regulations (29 CFR Part 5). This applies to Construction contracts
awarded by grantees and sub -grantees in excess of $2,000, and in excess of $2,500 for other contracts
which involve the employment of mechanics or laborers.
F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h),
section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and sub -grants of amounts in
excess of $100,000.
G. Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163).
H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is
applicable.
1
I. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that
federal funds cannot be used for partisan political purposes of any kind by any person or organization
involved in the administration of federally -assisted programs.
J. 42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80 et.
seq.. These acts require that no person shall, on the grounds of race, color, national origin, age, or
handicap, be excluded from participation in or be subjected to discrimination in any program or activity
funded, in whole or part, by federal funds;
K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-12117, 12131-
12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law
91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real
property and displacing households or businesses in the performance of this contract.)
M. The Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).
N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation,
45 C.F.R. Part 91;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation
45 C.F.R. Part 84.
O. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".
P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction Contracts".
Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The
requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and
made a part hereof.
2
APRIL 1980
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of
1973, the Contractor, for itself, its assignees and successors in interest, agree as follows:
A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation
relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of
Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference
and made a part of this contract.
B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of
the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national
origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment.
The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix C of the
Regulations.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by
competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including
procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of
the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of
race, color, sex, mental or physical handicap or national origin.
D. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or
orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the
FHWA as appropriate and shall set forth what efforts have been made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions
of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or;
2. Cancellation, termination or suspension of the contract, in whole or in part.
F. Incorporation of Provisions. The Contractor will include the provisions of paragraphs A through F in every
subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or
instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or
procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with,
litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter
into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter
into such litigation to protect the interests of the United States.
3
ATTACHMENT LO
Certification for Federal -Aid Contracts
The contractor certifies, by signing this contract, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all
such sub -recipients shall certify and disclose accordingly.
Required by 23 CFR 635.112
4
SCOPE OF WORK
May 31, 2013
FEDERAL AID PROJECT NUMBER: STU C030-042
CONSTRUCTION PROJECT CODE: 18121
PROJECT LOCATION: WCR23/SH392 Intersection, Weld County, Colorado
CONTRACT SUBJECT: Construction Observation and Material Testing Services
General Requirements:
This Scope of Work generally reflects a plan of approach based on the known goals and SEH's experience. Revisions to any of the
project goals, project elements, the project design elements, or the assumed work plan, or a change to the key project issues may
necessitate new approaches or modifications to these scope of work elements.
Definitions
• County - Weld County
• County Project Manager — Mike Bedell, Weld County employee assigned to manage the overall project
• CDOT— Colorado Department of Transportation
• Severance —Town of Severance, one of the project participants in partnership with Weld County
• Windsor — Town of Windsor, one of the project participants in partnership with Weld County
• Consultant — Short Elliott Hendrickson (SEH), under contract to perform construction services as outlined below.
• Consultant Project Manager — Dave Davis, SEH employee assigned to manage the overall project
• Consultant Project Representative — Mike Shrout, Tom Zandlo, SEH employee responsible for observing the work and
verifying completion of the work in general conformance with the approved plans and specifications.
• Contractor - The individual, firm, or corporation under contract with Weld County to construct the facility.
Initial Project Meeting
The Consultant, County project personnel, and appropriate CDOT personnel shall meet to coordinate and schedule the required
work prior to active construction. The Consultant shall complete all work in accordance with the approved schedule and as may be
amended by the County.
Work Duration
The time period for the work described in this scope of work is assumed to be approximately 90 working days. In addition to one
Consultant Project Manager, one QA/QC Manager, and one Project Administrator/Accountant, SEH assumes providing one full-time
Senior Construction Inspector, one part-time Construction Inspector, and a tester (as needed) on the Project, in a 6 -day workweek
situation. The assumed preliminary schedule will be daylight hours, Monday through Saturday. Work may be required night and/or
day, on weekends, holidays, and/or on a split shift basis. Workweeks may be in excess of or less than the standard 40 -hour week.
Employee overtime pay, standard hourly rate times 1.5, will be required for hours in excess of the standard 40 -hour week.
Employee overtime is not anticipated and, if overtime is required, may necessitate a contract modification. The number and types
of personnel will be adjusted up or down to meet project workload and budget.
Routine Billing & Reporting
The consultant shall provide the following on a regular basis:
Monthly billing reports for all contract activities performed by the consultant's project manager, project construction
inspectors, materials testers, and other personnel authorized to perform work on this project.
• Periodic observation reports and materials analysis results.
Status of Contract
The consultant shall monitor the financial status of the contract, and advise the County of any need to amend the contract.
Page 1 of 5
Construction Observation Requirements:
Project Standards
All construction observation shall be in accordance with the approved project plans and specifications Including the specified version
of the Colorado Department of Transportation's Construction Manual, Field Materials Manual, the Standard Specifications for Road
& Bridge Construction, applicable standards, Project Standard Revisions, and Project Special Provisions currently in use when the
construction project is advertised.
General Work Description
The Consultant shall provide support to the County through assignment of personnel to complete project management, observation,
and material testing responsibilities. Responsibilities include:
• Preparing and transmitting updates of construction activities.
• Maintaining daily diaries of manpower, equipment, temperature and weather, and activities
• Periodic reports and billings.
• Scheduling of, participation in, and documentation of weekly progress meetings with contractor, subcontractors, utilities
and other interested parties.
• Securing project documentation from the contractor.
• Anticipating project problems and proposing solutions to the County.
• Reviewing drawings and data submitted by the construction contractor and suppliers for conformance with the intent of
the specifications. Inform and obtain concurrence as needed from the County and/or COOT and keep related
documentation for project records.
• Maintaining accurate notes, including photographs, reflecting actual construction details to be used in preparation of as -
constructed plans.
• Communicating with adjacent landowners as required to resolve issues that arise due to construction.
• Monitor the contractor's erosion control measures and monitor the SWMP for the County
• Monitoring compliance with County -approved Method of Handling Traffic (MHT). Consultant is not responsible for safety
on the project except as specifically related to consultant employees.
• Initial, follow up, and final observation of work in progress Including interim and final measurements.
• Notifying contractors and County of non-compliance with the contract plans and specifications.
• Performance of tests, investigations, or monitoring which are required to fulfill the intent of the construction documents.
• Preparation of documentation for development of progress payments for the contractor.
• Preparation of standard documentation reports no later than the following working day.
• Aiding in the preparation of County correspondence to the contractor, COOT Staff, local agencies, etc.
• Preparation of final "As Constructed" plans upon project completion. Contractor is to maintain daily as -built "red -line"
information, which will be provided to SEH at the end of the project for SEH to prepare the final As -constructed Plans.
• Assist in preparing punch lists of uncompleted work, non-conformance reports, and deficiency notices.
• Assist in preparing responses to contractors' and suppliers' requests for information, submittals, change notices, claims, and
correspondence.
Consultant will not direct and is not responsible for directing contractor's work.
Set up and maintain a project SharePoint site for access to project related documents by select project team members
Labor, Materials, Vehicles & Equipment
The Consultant shall furnish all field consultant personnel:
• Each with a suitable observation vehicle.
• Each with a cellular telephone.
• Each with a digital camera.
• Each with a copy of approved project plans and specifications.
• Each with the applicable version of CDOT Standard Specifications for Road and Bridge Construction, CDOT M&S Standards
and MUTCD.
• Each with miscellaneous equipment (calculator, safety equipment, temperature probes, etc.) required to perform the work.
Page 2 of S
Construction Materials Quality Assurance Testing Requirements:
Project Standards
All sampling, testing, observation, and documentation shall be in accordance with the Colorado Department of Transportation
(COOT) Construction Manual and Field Materials Manual. The applicable COOT Manual shall be the one currently in use when the
construction project is advertised. COOT shall develop Form 250 for the project based upon the award set of plans. Consultant shall
develop an interim Form 250 for use prior to the time COOT produces their Form 250.
General Work Description
The work associated with this testing is for QA testing only. The Contractor shall be responsible for QC testing. The Materials Tester
shall sample and test materials incorporated into the project pursuant to the COOT Form 250. The number of tests required shall be
in accordance with the schedule in the COOT Form 250. For this scope the following items will be tested and/or observed for quality
assurance — 203 Embankment, 304 ABC (Class 6), 304 ABC (special), 304 HMA (GR 5), 304 HMA (GR SX), 506 Soil Riprap, 507
Concrete Slope & Ditch Paving, 601 Concrete Class B. Additional quantities may be added by Contract Modification Order, or plan
approximate quantities may be Increased or decreased. Out of specification test results will be immediately reported to the
Consultant who will inform the Contractor and the County.
Testing of materials that are specifically designated to be pre -inspected or pre -tested by COOT shall remain the responsibility of
COOT.
Documentation
Each Tester shall maintain a daily diary for each day the tester performs work on the project.
Test results and sample submittals shall be transmitted to the Consultant Project Manager or designated alternate.
The tester shall furnish original copies of all worksheets and test results on a daily basis. The Consultant Project Manager and the
County shall be informed Immediately of any non -specification material.
Assurance Sampling and Testing
The tester shall coordinate the schedule of the Independent Assurance Tests (IAT) for the project with the Consultant Project
Manager and the COOT Region Materials Section. IAT for the project is not included in this scope of services. IAT will be performed
by someone other than SEH.
Submittal of Final Documentation
Final documentation shall be submitted to the Consultant Project Manager after completion of all work and within two (2) weeks of
the submittal of all required documents by the contractor.
Contract Amount:
We have included an Engineering Fee based on this Scope of Work and the services described herein. Care has been taken to
specifically detail the work tasks included in this scope. If an item is not specifically included in the scope it is specifically excluded
from the scope and fee. SEH proposes to complete this work for an hourly not to exceed fee of $178,200.00. We will begin this
work immediately after receiving the Notice to Proceed.
Page 3 of 5
Other Professional Services:
SEH understands that projects can at times have the need for other professional services required in order to successfully complete
the project. These services can include, but are not limited to, additional engineering support studies to support construction,
specialized material testing services, public involvement and media relations services, extended construction contract time due to
field conditions, etc. SEH will provide these services as necessary to complete the project up to an accumulated amount of $10,000.
Additional costs and contract modifications associated with these services will be approved by the County before executing the
services.
Deliverables
• Pre -construction conference meeting agenda and minutes
• Project correspondence
• Engineering memos (Form 105)
• Change orders with explanations, and recommended solutions (COOT Form 90)
• Meeting records (COOT Form 567)
• Daily/monthly reports (COOT Form 103 Diary, COOT Form 262 and Form 263 Time Count, COOT Form 266 — Progress report)
• Materials Documentation (CDOT Form 305)
• RFI tabulations and corresponding responses
• Other forms — COOT 157, 205B, 473
• New and Revised MHT's and revised SWMP's
• Cross references to COOT Form 250
• Material Data Sheets and Certificates of Compliance
• Permission to Enter Property (COOT Form 730 - if necessary)
• Force Account work (COOT Form 10)
• Accident reporting (COOT Form 40 - if necessary)
• As -constructed documents
• Monthly invoicing and project progress reports
• 3 -ring Project Binders
• SharePoint site
• Electronically stored documents
• Photographs
Assumptions
• The project will require a Senior Consultant Project Manager/Licensed PE for oversight, a full-time Senior Construction
Inspector, a part-time Senior Inspector, and an as -needed Tester. Project administration and QA/QC will be as needed.
• A Class 2 field office trailer is specified in the project specifications, provided by Contractor, and Is not included in the
Construction Management fee estimate. Field office trailer is to be a Class 2 as described in the COOT M&S Stands. There
is no delay on contractor's part in getting the trailer to the project site for construction.
• QC testing is the responsibility of the contractor. Consultant will provide QA testing.
• Testing of materials that are specifically designated to be pre -inspected or pre -tested by COOT shall remain the
responsibility of COOT.
• IAT provided by someone other than Consultant and is not a part of this scope and fee.
• Bidding services and answering questions pertaining to plan interpretation and/or design intent is provided as part of the
design scope of services and is not included in the Construction Management fee estimate. Bid opening and tabulation
assistance is included in the Construction Management fee estimate.
• The County will be the erosion control permittee and SEH will monitor the SWMP for the County.
• The County will monitor contractor payroll compliance and will complete EEO labor interviews
• No public involvement effort is provided in the construction management services beyond coordination with the County.
Page 4 of 5
• There is limited amount of coordination required with Town of Severence and Town of Windsor
• The project will require a 90 working day construction period and there will be no suspension of work.
• There is one week pre -construction duration for project preparation, bid opening, bid tabulation assistance, etc.
• There is one week post -construction for project closeout, as -constructed drawings, final reports to County and COOT, etc
• There are no major design changes during construction or contractor change orders that add additional contractor working
time to the project.
• Work days are assumed to be maximum 8 -hour work days. The workweek is assumed to be 6 days.
• The project is assumed to not require employee over -time. Should the need arise during the course of the project, the
County will be informed and the contract may be amended accordingly.
• If an adequate curing facility is not provided by the contractor, it is requested that testing technicians be allowed to store
compressive strength cylinders at the Field Office for the initial curing period (up to 48 hours) to provide a suitable curing
environment as required per specification.
• No geotechnical engineering services, other than material testing, are included.
Page 5 of 5
0
N
yy
$
I]$IQ1(;
a
2O
Total
8
O
O-0
O
o
o
Ground
Engineer
O
Oj O
O
O
A
m
a
c
c
a
Total
8
O o
r
a
o
o
9
gf
it
o
o
Q0
ai
0
0
ci
o
O
m
O
O
co
Employee
m
a
Senior Admin
Assistant
om
cgl
CO
r
$3o
o
r
O
o
r
O
O
c
Lead Project
Representative
rvR
am0
O
N
V
J
O
L
m
Lead Project
Representative
V
o m co
o
r
O
Op b
A
Dave Davis
Project
Manager
m
Q
�n
a
N
O
N
r
O
M
Q
n
C
y
USY
O N
L J
O
Senior Project
Engineer
N
N
V
21
177.44
3,726.24
Enter Last Name —
/tinl & Wxi for duplicate.,
Labor
Task Summary Task Totals Totals
CD
o4
o
m
m
m
N
m
CO
no
m
M
m
t
CI0m
u
m
CC'
m
m
o
Q
V
m
and
m
O
O
CO
cd
N
to
N
M
ad
O
co
N
CO
en
m
1N
Ia O
m
O
O
IO a
m
0
O
O
O
O
o
(Project Management & OA/OC
[Pre -Construction
c
O
N
ZX
b
O
II
(Post Construction
ga
F
id
IMisc. Other Prof. Services
ITask 7.0 Name
Task 8.0 Name
Task 9.0 Name
[Task 10.0 Name
Task 11.0 Name
Task 12.0 Name
Task 13.0 Name
(Task 14.0 Name
TOTAL HOURS
BILUNG RATE
TOTAL DOLLARS
O
r
o
C!
O
M
O
OYib
O
O
O
r
Oc;°
tGmr
O
O
7r
N
M
rr
V
Hello