HomeMy WebLinkAbout20112654 RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE
CHAIR TO SIGN - FELSBURG, HOLT, AND ULLEVIG
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 Felsburg,
Holt, and Ullevig, commencing upon full execution, and ending August 1, 2012, 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 Felsburg, Holt, and Ullevig 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 10th day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD{{CO,OUNTY, COLORADO
ATTEST:� .�� ..._ � Ek
Barbara Kirkme er, Chair
_
� W
Weld County Clerk to the Board
E LA` Cr.
cann P. Co , Pro-Tem
BY: ..•.. _ „ R s
Deputy CTrk to the Boar. ' 'i ry0 '
m F. Garcia
APP DA ORM: ®air IC ce\
- David E. Long
County Attorney to /cam wcYsf�w
C7o glas Ptademac'her
Date of signature: /0-18-//
\ O v1c% VD Cr 03/1W � . P a 2011-2654
10-10- 11 1O- 1S-1 I EG0064
MEMORANDUM
1861 - 2011
TO: Clerk to the Board DATE: October 6, 2011
W E L • 0 N T Y FROM: Mike Bedell P.E.
Senior Engineer, Public Works Department
SUBJECT: Consent Agenda Item
Agreement for Professional Services with Felsburg,Holt and Ullevig(FHU)for Army Corps of
Engineers Section 404 Permit related to the proposed extension of County Road 49 between
Highway 34 and County Road 60.5.
Attached are two original Agreements; please return one signed original to Public Works.
Enclosures
M:AFrancieVAgendaMikeledell.doc
2011-2654
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this day of , 2011, by and between
the County of Weld, State of Colorado, by and on behalf of Public Works Department, whose address is 1111 H St.,
P.O. Box 758, Greeley, Colorado 80632, hereinafter referred to as "County Department," and Felsbura Holt &
Ulleviq (FHUI, whose address is 6300 South Syracuse Way, Suite 600, Centennial, CO 80111, 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:" Assistance with obtaining an Army Corps of Engineers Section 404 Permit,
related to the proposed extension of WCR 49 between SH 34 and WCR 60.5, as detailed in the Scope of Services
attached hereto as ordered by County Department 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:
1. TERM: The term of this Agreement shall be from date of execution shown above, through and until
completion of the Professional Services as defined in the attached Scope of Work. Unless
otherwise authorized by the County Department, all services shall be completed prior to August 1,
2012. The term may be extended by change order to this contract as agreed to by both parties, in
writing.
2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to
perform the Professional Services for the compensation provided below and as attached in the
Scope of Work.
COMPENSATION: County Department agrees to pay Contract Professional for all services
performed hereunder as follows: The Professional Services shall be provided at the rates set forth
in the Scope of Work and shall not exceed the maximum compensation of$129,855.00. This fee is
compensation for Professional Services as described in the attached Scope of Work. All
compensation amounts payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available. Any additional services
completed beyond those described in the Scope of Work shall be authorized by the County
Department at a fee negotiated between the County Department and Contract Professional using
the established hourly rates. Invoices will be paid within 60 days of being received and accepted
by the County Department.
3. INDEPENDENT CONTRACTOR: Contract Professional agrees that he or she is an independent
contractor and will not become an employee of County Department, nor is he or she entitled to any
employee benefits from County Department as a result of the execution of this Agreement.
4. INDEMNIFICATION, DESIGN AND INSURANCE: Contract Professional shall indemnify and hold
harmless County Department, its officers and employees, against liability for injury or damage and
losses, damages and expenses to the extent caused by any negligent act or omission by Contract
Professional or any person or organization for whom Contract Professional is legally liable in the
performance of services under 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 negligent errors, omissions, or deficiencies. Contract Professional shall maintain
commercial general liability insurance in the amount of$1,000,000 per occurrence and errors and
omissions insurance in the amount of$1,000,000.
Page 1 of 3
5. NON-ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, any interest
therein or claim there under, without the prior written approval of 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. In the event of termination,
the Contract Professional shall supply the County Department with copies all work products
completed to date, including but not limited to electronic files, reports, computations, etc. All work
products completed on this project shall be owned by the County Department.
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.
13. MONTHLY REPORT: Commencing thirty (30) days after the date of execution of this Agreement
and every thirty (30) days thereafter, Contract Professional is required to provide County
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report
may, at the option of the County, suspend the processing of any partial payment request.
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.
Page 2 of 3
71751
IN WITNESS WHEREOF,the parties hereto have signed this Agreement this /V day of &flfDhpr
2Q11.
COUNTY DEPARTMENT:
ATTEST: r COUNTY OF WELD, STATE OF COLORADO,
by and through the Board of County Commissioners
of Weld County
By: /7s �' �1/��rj� k Bye' ( Vl E ,Lit 4
Deputy)CI= to the Bo-`� `� =� ! Chair• OCT 10 2011
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CONTRACT PROFESSIONAL: ;®R R v�
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B . Date i0(51 t\
Name: I:30kb+ P. tictorno..tni
Tide: C-y.cruTJC 'IP
SUBSCRIBED AND SWORN to before me this day of 0(-fro(oeltr 2011.
WITNESS my hand and official seal. (� i
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Attachments: FHU—Scope of Work and Fee Proposal
Page 3 of 3
D-120 ,^245
Weld County Road 49 — Cache la Poudre River Crossing
Clean Water Act Section 404 Permit
Scope of Work
Project Description
In order to provide regional north/south connectivity east of Greeley, Weld County Road
49 (WCR 49)was identified as an arterial corridor between US Highway 34 (US 34) and
State Highway 14 (SH 14). Weld County identified a preferred alignment for this corridor
in the Weld County Road 49 Arterial Corridor Study (Felsburg Holt & Ullevig [FHU]
2004). The preferred alignment was selected because it would best improve north/south
connectivity in this portion of Weld County. Included in this alignment is a new bridge
crossing of the Cache la Poudre River, approximately one mile west of the confluence of
the Cache la Poudre and the South Platte River.
In 2011, FHU worked with Weld County and the US Army Corps of Engineers (USACE)
to determine if the selected alignment over the Cache la Poudre River could be
permitted under the Clean Water Act. Through an alternative screening process, the
USACE concurred with Weld County that the selected alignment appeared to be the
least environmentally damaging practicable alternative (LEDPA).
Weld County has requested that a scope of work and fee estimate be prepared to apply
for a Clean Water Act Section 404 Individual Permit through the USACE. Through the
existing contract with Weld County, FHU will prepare the necessary documentation
required to obtain a Section 404 permit. Major items include, finalization of wetland
identification, conceptual engineering to determine wetland impacts, wetland mitigation
design, and permit submittals.
Task 1 — Update Alignment Study Report
Purpose
FHU will update the Weld County Road 49 Arterial Corridor Study report that was
completed in October 2004 with the supplemental information that was completed in
2011. This update will include the addition of a Chapter 6 in the report that depicts the
updated preferred alignment, the environmental and wetland assessment study process
and the preliminary floodplain analysis. The environmental and floodplain documents will
be added to the appendix of the report. After the County approves the modifications to
Chapter 6, FHU will prepare 10 sets of the revised report and submit them to the County.
Task 2— Supplemental Aerial Photography and Survey
Purpose
FHU will contract with Farnsworth Group to provide additional aerial photography and
topographic survey for the project corridor. This data will provide additional detail
sufficient to perform conceptual/preliminary design of the roadway and bridge structure
along Weld County Road (WCR 49). This additional detail will enable to the project team
with more information to base design decisions and wetland mitigation design than
existing information.
The Farnsworth Group shall establish a GPS calibration covering the entire site with at
least one permanent control and benchmark point, being a #6 rebar or CDOT type 2
monument at least 30" deep or longer, as needed for stability, to serve as a GPS RTK
base station. The Farnsworth Group will locate at least 2 and no more than 4 GIS land
positions at or near aliquot section corners based solely on the latest monument records
obtained from State of Colorado.
WCR 49-Clean Water Act Section 404 Permit
Page l of 4
•
The Farnsworth Group will set 21 control points for aerial photogrammetric triangulation
and calibration. At least 10 of which shall consist of a 18" long #5 rebar with cap and
plastic or painted target with 3 legs approximately 4' long, 12 or 18" wide. The remaining
11 control points may consist of temporary materials or be photo-identifiable objects.
The Farnsworth Group will locate and provide a base map of all surface topographic
features and above ground improvements over the entire project site, including, but not
limited to:
• Buildings and structures
• Bridge outlines
• Paved areas (walkways, parking lots, driveways, runoffs, etc), with paving
material defined
• Curbs and Gutters
• Utilities: boxes, poles, manholes, and other visible surface appurtenances
• Fences
• Limits of vegetation
• Breaklines, random points, and other topographic features, as necessary, to
define ground surface of the site to a 1' contour accuracy, per the current
National Map Standard Accuracies.
The Farnsworth Group intends to obtain the above information using aerial
photogrammetry compiled by an aerial mapping consultant. Obscured areas where
interpolation from aerial mapping is not sufficient to define the ground surface or physical
features will be delineated only.
No supplemental ground surveys are included at this time, with the exception of quality
control spot locations, culverts and ditches. Culvert invert and pipe size information will
be obtained, in addition to ditch invert elevations at 100 ft. intervals for the first 200 ft. in
each direction from a culvert or irrigation structure.
An aerial mapping consultant shall provide a digital aerial image rectified horizontally
using orthogrammetric methods using the above defined ground surface with 0.25' pixel
resolution and accuracy.
All data will be provided in as an Autodesk 2010 .dwg file format.
Task 3— Finalization of Wetland Identification
Purpose
FHU will utilize information collected during Task 1 to further refine the wetland
boundaries along the project alignment. Because, at this point in time, site access is not
available, typical wetland field work cannot be conducted. FHU will utilize topographic
information and aerial photography to estimate wetland boundaries. This information will
be used to determine wetland impacts from the roadway and bridge improvements. FHU
will also utilize existing geographic information system (GIS) data to refine wetland
boundaries, such as Colorado Division of Parks and Wildlife (CDPW) riparian and
wetland vegetation mapping.
Some field work may occur where existing property access is available. Areas that are
viewable from public rights-of-way may also be used to collect as much information as
possible.
The data collected in this step will help identify potential wetland mitigation areas and
mitigation area refinement.
The information collected in this task will be reviewed with the USAGE for their approval.
One (1)field visit with the USAGE is anticipated in this task.
WCR 49-Clean Water Act Section 404 Permit
Page 2 of 4
Task 4 — Conceptual Engineering for Determination of Wetland Impacts
Purpose
The purpose of this task is to develop a conceptual design for each new bridge crossing
of the Cache la Poudre River that can be used to evaluate potential impacts to wetlands,
waters of the US, Federal Threatened and Endangered species, and State listed species
of concern habitat in support for an individual Clean Water Act Section 404 permit.
The intent of this task is to prepare enough engineering design to estimate impacts to
wetlands and demonstrate sufficient avoidance and minimization actions taken to reduce
wetland impacts. Information regarding final design cannot be determined at this step
because the details are not available and will not be under this task order.
FHU will use their roadway and bridge design professionals to provide a conservative
estimate of project related disturbances that could result in wetland impacts. This
approach ensures that the Section 404 Permit will cover all wetland impacts and still
provide opportunities for further minimization, as final design progresses.
Task 5— Wetland Mitigation Plan
Purpose
The purpose of this task is to provide sufficient wetland mitigation design to meet the
requirements of a Clean Water Act Section 404 permit. Depending on the types of
wetland impacts from the project, the required mitigation may be on-site wetland
mitigation, off-site wetland mitigation, or wetland mitigation banking credits. The
mitigation must meet the requirements of the Final Mitigation Rule. FHU will determine
how the compensatory mitigation project addresses the needs of the watershed,
ecoregion, etc. The report will include the type and size of impacts and mitigation
including impacts of the mitigation sites, as well. The report will define and describe how
the mitigation will address the needs of the watershed, ecoregion, etc.
If on-site or off-site wetland mitigation is appropriate, a suitable mitigation site must be
identified and selected. Site selection will be based on field analysis and available
groundwater and surface water data. Written documentation of the team's decision
including a description of the factors considered during the site selection and what
factors were considered during the site selection process will be prepared and included
in the Section 404 Permit Application. The selection of the site shall include
consideration of watershed needs, onsite alternatives where applicable, and the
practicability of accomplishing ecologically self-sustaining aquatic resource restoration,
establishment, enhancement, and/or preservation at the compensatory mitigation project
site.
Appropriate wetland mitigation design will be required for on-site or off-site mitigation.
FHU and PKM Design Group, Inc. (PKM) will prepare a detailed mitigation plan that
provides the USAGE with reasonable assurance of the success of the mitigation plan to
off-set any wetland impacts. PKM, with direction and oversight from FHU, will prepare
the detailed mitigation plans include the plan view layout and planting plan for the
mitigation site, cross-sections of the mitigation site, and any necessary grading. The
level of detail for this mitigation plan will be similar to the level of detail of the existing
information available to the project team.
WCR 49-Clean Water Act Section 404 Permit
Page 3 of 4
Task 6— Permit Submittals
Purpose
FHU will prepare all the necessary materials in support of the Clean Water Act Section
404 Permit. The alternatives analysis performed by FHU under the previous task order
will be utilized for the Section 404(b)(1) documentation. Specific items are anticipated to
include:
• Wetland Identification and Characterization
• Documentation of Avoidance and Minimization Efforts
• Impacts Analysis
• Wetland Mitigation Type Selection
• Wetland Mitigation Site Selection
• Wetland Mitigation Design
• Section 404 Permit Submittal
• Section 401 Certification Submittal to the Colorado Department of Health and
Environment
FHU will prepare the documents, graphics, and plans for these items, with assistance
from the County, as appropriate. PKM will assist with the preparation of the wetland
mitigation design submittal portion of the step. FHU will prepare the remaining portions
of the submittals. PKM may provide a quality assurance review of the submittals, prior to
submittal to the USAGE.
Task 7 - Project Coordination
Purpose
FHU will provide appropriate project management of the work to assure that the scope,
budget, and schedule are adhered to. FHU has assumed that no more than six (6)
project coordination meetings will be required to discuss the project and coordinate the
work efforts. Four (4) of these meetings is assumed to be a coordination meeting with
the USAGE. It is assumed that PKM will attend two (2) of the USAGE coordination
meetings.
Included in this task is one (1) field meeting with the USACE, CDOW, and USFWS to
discuss site conditions and proposed mitigation. This meeting will be attended by FHU
and PKM.
WCR 49-Clean Water Act Section 404 Permit
Page 4 of 4
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