HomeMy WebLinkAbout770431.tiff RESOLUTION
RE: APPROVAL OF CONTRACT FOR EVANSTON PROJECT BETWEEN WELD COUNTY
AND HOGAN AND OLHAUSEN, 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, Thom Rounds , Weld County Planner and Russell Anson,
Assistant County Attorney were present, and brought to the atten-
tion of the Board of County Commissioners of Weld County, Colo-
rado, that an Agreement Between Owner and Engineer for Profes-
sional Services , has been prepared in regard to the Evanston
Project, and is ready for the approval of the Board, and
WHEREAS , Thom Rounds and Russell Anson further pointed out
to the Board of County Commissioners that under Part II , Engineer-
ing Charges, A. 1 Basic Services, Paragraph 1. 1. 4 . 3, Resident
Project Representative, there is a discrepancy between the
Owner and Engineer concerning the period of construction for the
project , and
WHEREAS, it has been determined by the Board of County
Commissioners that said agreement be approved by the Board of
County Commissioners with the condition that the discrepancy
under Part II above-mentioned be agreed upon between the Owner
and Engineer.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the above-described
agreement be, and hereby is approved for Chairman June Stein-
mark ' s signature, with the condition that the discrepancy under
Part II above-mentioned be mutually agreed upon between the Owner
and Engineer.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
July, A.D. , 1977.
a7 n ;J -1 BOARD OF COUNTY COMMISSIONERS
ATTEST. �/ � ✓ COUNTY, C LORA
i _
Weld County Clerk and Recorder r and Clerk to the Board 7
De IL County lerk
APPR D AS TO FORM:
g 770431
HO-00I I
1 ,i /4?f(9unty Attorney
Date Prr cr ncA . nn..,,n a- O 1n7
AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES
PART I. PARTIES AND PROJECT
THIS AGREEMENT, made on the 27thday of July , in the year
1977, between WELD COUNTY, COLORADO, the Owner, and HOGAN AND OLHAUSEN,
INC. , 2300 West Eisenhower Blvd. , Loveland, Colorado 80537, hereinafter
referred to as ENGINEER.
"STREET IMPROVEMENTS FOR EVANSTON, COLORADO" consisting of:
1 . Preliminary design phase to include investigation of the topography, soils ,
existing utilities , existing drainage facilities and a review of alter-
natives for street improvements with the Owner's staff.
2. Final design phase to include design of the street system, design of curb,
gutter and sidewalks , design of street drainage system, preparation of final
plans and specifications, and assistance with bids.
3. Construction phase to include construction staking and resident construction
review services.
4. Assistance with public presentations, as necessary.
5. An assessment of the impact of the altered drainage patter on the down-
stream area of Firestone and Firestone Lake.
The limits of the street improvements are shown on the attached map, said map
incorporated herein and made a part hereof by reference as Exhibit A.
PART II. ENGINEERING CHARGES
A. In accordance with the Terms and Conditions of this Agreement, the ENGINEER
shall provide professional services for which the OWNER shall compensate the
ENGINEER as follows:
A. 1 Basic Services -- As defined in Part III , Article I, on the basis of a lump
sum as follows:
Paragraph 1 . 1 .2 Preliminary Design Phase $4,000.00
Paragraph 1 .1 .3 Final Design Phase $5,500.00
Paragraph 1 .1 .4 Construction Phase
1 .1 .4.3 Resident Project Representative,4,000.00
(for a construction period not to exceed 35 working days)*
*Normally, a working day consists of at least eight (8) hours ,
but under no circumstances shall a working day consist of
less than four (4) hours.
1 . 1 .4.4 Construction staking $4,000.00
Paragraph 1 . 1 . 5 Downstream Assessment $2,500.00
A.2 Additional Services -- As defined in Part III, Article I , 1 .2 Additional
Services, as follows:
Page 1 of 16
A.2.1 Principal 's time at a rate of twelve dollars ($12.00) per hour times
a multiple of 2.87. For the purposes of this Agreement, the Principals are
identified as Dale D. Olhausen and Ronnie E. Hogan.
A.2.2 Employee's time (other than Principals ' ) at a multiple of 2.87 times the
employees ' Direct Personnel Expense as defined in Article 3.
A.2.3 Cost of services for reimbursable expenses, other professional con-
sultants , and outside services at multiple of 1 . 15 times the amount billed to
the ENGINEER by the professional consultants , outside services and reimbursable
expenses.
A.3 Payments -- shall be made monthly in proportion to services performed for each
phase defined in Article 1 until completed. Reference to Article 5.
PART III . TERMS AND CONDITIONS
ARTICLE 1 . ENGINEER'S SERVICES
1 . 1 Basic Services -- The ENGINEER agrees to perform professional services in
connection with the PROJECT, as set forth below and contained within this
AGREEMENT.
1 . 1 .2 Preliminary Design Phase -- During the Preliminary Design Phase, the
ENGINEER shall :
1 . 1 .2. 1 Consult with the OWNER to ascertain the OWNER'S requirements for the
project.
1 . 1 .2.2 Use photogrammetric methods to obtain a topographic map at a scale of
1" = 50' with contours plotted at one foot intervals for the streets , minimum
two foot for other areas, and spot elevations as required. Establish hori-
zontal and vertical control, prepare photo plan and profile sheets to show
existing features such as sidewalks , buildings , driveways , etc. Horizontal
photo control points will be tied to existing street rights-of-way where
easily ascertainable to facilitate locating accurate rights-of-way lines on the
photo plan sheets.
1 . 1 .2.3 Perform a soils investigation to determine the most appropriate road
surface material for the intended use of the particular street being investi-
gated. All tests are to be done in an acceptable and workmanlike manner.
1 . 1 .2.4 Investigate the existing utilities and drainage facilities to deter-
mine if any conflicts would develop in grade or horizontal location of existing
facilities with the proposed street improvements.
1 . 1 .2.5 Furnish two copies of a preliminary design and alternatives to the
OWNER for review and approval .
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1 .1 .2.6 Prepare a cost estimate based upon the preliminary design and alter-
natives developed under this phase.
1 .1 .3 Final Design Phase -- Upon receipt of the OWNER'S authorization to
proceed with the final design phase, the ENGINEER shall :
1 . 1 .3.1 Proceed, from the approved preliminary design, with the final design of
the street system; curb, gutter and sidewalks; gutter pans ; and the street
drainage system. The design on the street system will be complimentary
to the "Preliminary Engineering Report Drainage Study" and comply with Weld
County regulations. The design on the curb, gutter and sidewalks will be in
accordance with Weld County regulations and standard sections will be sub-
mitted to Owner for approval . The design of gutter pans as outlined in
the "Preliminary Engineering Report Drainage Study" will include access-
ibility to the existing and future development, and depth to flowline of the
gutter pan relative to existing ground elevations necessary to maintain re-
quired minimum slopes . The design of the street drainage system shall consider
the runoff to be transported to determine the size, type and shape of the
drainage improvements.
1 .1 . 3.2 Prepare final plans , technical specifications and contract documents.
Plans shall be prepared on a reproducible medium showing the proposed improve-
ments to be constructed. The technical specifications shall consist of earth-
work, concrete, testing, paving, and other related appurtenances . The bidding
and contract documents shall include the advertisement for bids , information for
bidders, bid proposal , bid bond, notice of award, agreement, performance and
payment bond, and construction plans and specifications. Owner will
furnish the guidelines in HUS Handbook No. 6500.3 "Labor Standards Adminis-
tration and Enforcement", Federal Management Circular 74-7, Federal
Management Circular 74-4, and other standards and criteria prescribed by the
Department of Housing and Urban Development so that the
ENGINEER can determine how said guidelines can be met.
1 .1 .3.3 Furnish to the OWNER engineering data and documents so that the
OWNER may secure approval from governmental authorities having jurisdiction
over the project.
1 .1 .3.4 At the OWNER'S request, assist the OWNER'S legal counsel in con-
nection with his review of the Construction Contract Documents for their legally
related aspects.
1 . 1 .3.5 Prepare a cost estimate for the project based upon designs established
to this point.
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1 . 1 .3.6 Furnish one set of reproducibles and one copy of the plans,
and 2 copies of technical specifications, and contract documents for the
OWNER'S review and approval .
1 .1 .3.7 Furnish all copies of plans, technical specifications, and contract
documents needed for bidders purposes.
1 .1 .3.8 Assist the OWNER, from approved plans, technical specifications,
and contract documents, in obtaining bids or negotiating bid proposals, in
analyzing bids and proposals , and in awarding the construction contract.
1 . 1 .3.9 Advise OWNER as to capacity of improvements to carry storm water
runoff and supply an indication of probable flooding due to a fifty year
storm.
1 . 1 .4 Construction Phase -- Upon award of any construction contract based
upon the plans, technical specifications , and contract documents compiled
by the ENGINEER, the ENGINEER shall :
1 .1 .4.1 Act as the OWNER'S representative with duties and responsibilities
and limitations of authority as will be described in the General Conditions
to the Construction Contract. The OWNER shall not modify the Construction
Contract Documents without the written consent of the ENGINEER.
1 .1 .4.2 Advise and consult with the OWNER during the Construction Phase and
the ENGINEER shall issue the OWNER'S authorized instructions to the Con-
tractor.
1 . 1 .4.3 Provide one full time Resident Project Representative to
assist the ENGINEER in order to render more extensive representation of the
project site during the Construction Phase. By means of the more extensive
on-site observations of the work in progress, the ENGINEER will endeavor to
provide further protection for the OWNER against defects and deficiencies in
the Contractor's work, but the furnishing of such services shall not include
construction review of the Contractor's construction means, methods, tech-
niques, sequences or procedures , or of any safety precautions and programs
in connection with the work, and the ENGINEER shall not be responsible for the
Contractor's failure to carry out the work in accordance with the Construction
Contract.
The Resident Project Representative shall act under the direct supervision
of the ENGINEER, shall be the ENGINEER'S agent in all matters relating to
on-site construction review of the Contractor's work, shall communicate only
with the ENGINEER and the Contractor (or Contractors) , and shall communicate
with subcontractors only through the Contractor or his authorized superin-
tendent. Page 4 of 16
The OWNER shall communicate with the Resident Project Representative only
through the ENGINEER.
The Resident Project Representative shall review and observe on-site
construction activities of the Contractor relating to portions of the
Project designed and specified by the ENGINEER as contained in the Construc-
tion Contract Documents.
Specifically omitted from the Resident Project Representative's duties are
any review of the Contractor's safety precautions, or the means , methods ,
sequences, or procedures required for the Contractor to perform the work but
not relating to the final or completed Project. Omitted design or review
services include but are not limited to shoring, scaffolding, underpinning,
temporary retainment of excavations and any erection methods and temporary
bracing.
The specific duties and responsibilities of the Resident Project Repre-
sentative are enumerated as follows:
a. Review the Contractor's request for progressive payment, and based upon
said on-site observation, advise the OWNER as to the ENGINEER'S opinion
of the extent of the work completed in accordance with the terms of the
Construction Contract as of the date of the Contractor's payment request
and issue, for processing by the OWNER, a Certificate for Payment in the
amount owed the Contractor. The issuance of Certificates for Payment shall
constitute a declaration by the ENGINEER to the OWNER, based upon said
on-site observations , review and data accompanying the request for payment,
that the Contractor's work has progressed to the point indicated; that to
the best of the ENGINEER'S knowledge, information and belief, the quality
of the Contractor's work is in accordance with the Construction Contract
Documents (subject to subsequent tests and review required by the Con-
struction Contract Documents , to correction of minor deviations from
the Construction Contract Documents and to qualifications stated in the
Certificate for Payment) ; and that the Contractor is entitled to the amount
stated. The issuing of the Certificate for Payment by the ENGINEER shall
not represent that he has made any investigation to determine the uses
made by the Contract or of sums paid to the Contractor.
b. Make recommendations to the OWNER on all claims relating to the execution
and progress of the construction work.
c. Notify the OWNER of permanent work which does not conform to the result
required in the Construction Contract, prepare a written report describing
any apparent non-conforming permanent work and make recommendations to
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the OWNER for its correction and, at the request of the OWNER, have re-
commendations implemented by the Contractor.
d. Review shop drawings, samples, and other submittals of the Contractor
only for general conformance to the design concept of the Project and
for general compliance with the Construction Contract.
e. Prepare Change Orders for the OWNER'S approval .
f. Conduct a construction progress review related to the Contractor's date
of completion; receive written guarantees and related data assembled by
the Contractor; and issue to the OWNER a Certificate of Final Payment
and Notice of Contractor's Settlement.
g. The ENGINEER and the Resident Project Representative shall not be respon-
sible for the defects or omissions in the work result of the Contractors,
or any Subcontractors, or any of the Contractor' s or Subcontractor's
employees, or that of any other persons or entities responsible for
performing any of the work result as contained in the Construction Con-
tract.
h. Maintain a daily log and submit a monthly report to the OWNER.
i. Prepare a set of reproducible record drawings conforming to construction
records provided to the ENGINEER, made by the Contractor during the con-
struction process.
1.1.4.4 Provide construction staking consisting of rough grade staking for
the streets, finished grade staking for the streets and staking curb
gutter and sidewalk. Rough grade staking shall be done at fifty foot
intervals. Finish grade staking at twenty-five foot intervals.
1. 1.5 Downstream Assessment
1. 1.5.1 The ENGINEER shall assess the impact of the resulting altered drainage
patterns and flows on the downstream areas of Firestone and Firestone Lake.
Data from the "Preliminary Engineering Report Drainage Study" shall be used for
assessing the impact. Sub-basin hydrographs developed for the study, assuming
fully developed conditions within the Town limits, shall be used to route the
storm flows through the improvements as designed for construction. Peak rates
of runoff determined in the above manner shall be compared with the existing
capacities of the major outfall channel from approximately station 40 + 00 to
station 0 + 00, the railroad tressel at station 7 + 90, and the Grant Avenue
Bridge at station 0 + 00, respectively. The capacities of these existing fac-
ilities will be those determined by the "Preliminary Engineering Report Drainage
Study". Recommendations, including proposed improvements if necessary, will be made
Page 6 of 16
concerning the ade cy of the existing facilities )ass the increased rates
of runoff due to the Evanston Street improvements.
An investigation of the area north of the Grant Avenue Bridge and the area
southeast of Firestone Lake will be made to determine the ability of the area
to detain the storm runoff from the drainage basin without creating adverse
or hazardous conditions. A letter-type report detailing the findings of the
assessment shall be prepared and presented to the County. Any additional hydr-
graphs which must be developed to complete the assessment shall not be included
under basic services , but shall be included under paragraph 1 .2.13 of Additional
Services.
1 . 1 .6 One Construction Contract Document -- The ENGINEER shall , upon written
authorization from the OWNER, prepare one Construction Contract Document so
that the project can be bid with one phase.
1 .2 Additional Services -- If authorized in writing by the OWNER, the ENGINEER
agrees to furnish or obtain from others, additional professional services in
connection with the project, as set forth below and contained within this
Agreement.
1 .2. 1 Preparation of applications and supporting documents for government
grants , loans or advances.
1 .2.2 Revising studies , reports , design documents , drawings or specifications
which have previously been approved by the OWNER, or when such revisions are
due to causes beyond the control of the ENGINEER.
1 .2. 3 Services due to changes in the scope of the project or its design,
including but not limited to, changes in size, complexity, schedule or character
of construction.
1 .2.4 Making drawings from field measurements of existing construction when
required for planning additions or alterations thereto.
1 .2.5 Furnishing additional copies of reports and additional prints of Drawings
and Specifications in excess of those stipulated in the Agreement.
1 .2.6 Additional or extended services during construction made necessary by
(1 ) work damaged by fire or other cause during construction, (2) defective or
incomplete work of the Contractor, (3) prolongation of the initial Construction
Contract time beyond the contract time, (4) acceleration of the work schedule
involving services beyond established office working hours , and (5) the Contractor's
default under Construction Contract due to delinquency or insolvency.
1 .2.7 Providing design services relating to future facilities, systems and equip-
ment which are not intended to be constructed or operated as a part of the project.
Page 7 of 16
1 .2.8 Providing services as an expert witness for the OWNER in connection with
litigation or other proceedings involving the project.
1 .2.9 Providing other services not otherwise provided for in this Agreement,
including services normally furnished by the OWNER as described in Article 2,
"OWNER'S RESPONSIBILITIES."
1 .2.10 Providing legal description, surveying and other services for obtaining
easements and/or rights-of-way if necessary.
ARTICLE 2. OWNER'S RESPONSIBILITIES
The OWNER shall :
2.1 Provide to the ENGINEER all criteria, design and construction standards
and full information as to the OWNER'S requirements for the Project.
2.2 Designate in writing a person authorized to act as the OWNER'S representative.
The OWNER or his representative shall receive and examine documents submitted by the
ENGINEER, interpret and define the OWNER'S policies and render decisions and author-
isations in writing promptly to prevent unreasonable delay in the progress of the
ENGINEER'S services.
2.3 Furnish to the ENGINEER any information requested by the ENGINEER which the
OWNER has in its possession and which relates to the Evanston Street Improve-
ment Project.
2.4 Provide legal , accounting, and insurance counseling services necessary for
the Project, legal review of the Construction Contract Documents, and such
auditing services as the OWNER may require to account for expenditures of sums
paid to the Contractor.
2.5 Furnish permits and approvals from all governmental authorities having juris-
diction over this Project and from others as may be necessary for completion of
the Project.
2.6 Furnish above services at the OWNER'S expense and in such manner that the
ENGINEER may rely upon them in the performance of his services under this Agree-
ment.
2.7 Obtain bids or proposals from contractors for work relating to this Project
and bear all costs relating thereto, except as otherwise provided in this Agree-
ment.
2.8 Protect and preserve all survey stakes and markers placed at the Project
site prior to the assumption of this responsibility by the Contractor and bear
all costs of replacing stakes or markers damaged or removed during said time
interval .
2.9 Guarantee full and free access for the ENGINEER to enter upon all property
required for the performance of the ENGINEER'S services under this Agreement.
Page 8 of 16
2.10 Give prompt written notice to the ENGINEER whenever the OWNER observes or
otherwise becomes aware of any defect in the Project or other event which may sub-
stantially affect the ENGINEER'S performance of services under this Agreement.
2.11 Compensate the ENGINEER for services rendered under this Agreement.
2. 12 OWNER is not responsible for the correctness of the ENGINEERS' work product
but is only a reviewing agent.
ARTICLE 3. DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the direct labor costs incurred by the
ENGINEER directly attributable to the Project by the payment of the actual
salaries and wages to the employees of the ENGINEER, but not including indirect
payroll connected costs and other non-Project related costs. Resident Project
Representative -- maximum per hour direct labor costs of $6.06.
ARTICLE 4. REIMBURSABLE EXPENSES
4. 1 Reimbursable Expenses are in addition to compensation to the ENGINEER for
Basic and Additional Services and include expenditures made by the ENGINEER,
his employees or his consultants in the interest of the Project. Reimbursable
Expenses include but are not limited to:
4. 1 .1 Expenses of transportation, subsistence and lodging when traveling in
connection with the Project.
4.1 .2 Expense of long distance or toll telephone calls , telegrams , messenger
service, field office expenses, and fees paid for securing approval of
authorities having jurisdiction over the Project.
4. 1 .3 Expense of all reproduction, postage and handling of Drawings , Specifications ,
reports or other Project-related work product of the ENGINEER.
4.1 .4 Expense of computer time including charges for proprietary programs.
4. 1 .5 When authorized in advance by the OWNER,expense of overtime work requiring
higher than normal rates, and expense of preparing perspectives, renderings
or models
ARTICLE 5 PAYMENTS TO THE ENGINEER
5.1 Progress payments shall be made in proportion to services rendered and as
indicated within this Agreement and shall be due and owing within thirty days of
the ENGINEER'S submittal of his monthly statement.
5.2 If the OWNER fails to make monthly payments due the ENGINEER, the ENGINEER
may, after giving seven days written notice to OWNER, suspend services under this
Agreement.
Page 9 of 16
5.3 No deductions shall be made from the ENGINEER'S compensation on account of
penalty, liquidated damages or other sums withheld from payments to Contractors.
5.4 If the Project is delayed or if the ENGINEER'S services for the Project are
delayed or suspended for more than three months for reasons beyond the ENGINEER'S
control , the ENGINEER may, after giving seven days written notice to the OWNER,
terminate this Agreement and the OWNER shall compensate the ENGINEER in accordance
with the termination provision contained hereafter in this Agreement.
ARTICLE 6. GENERAL PROVISIONS
6.1 Ownership of Documents
All Drawings , Specifications and other work product of the ENGINEER for this Project
are instruments of service for this Project only and shall remain the property of the
ENGINEER whether the Project is completed or not. Reuse of any of the instruments
of service of the ENGINEER by the OWNER on extensions of this Project or on any
other project without the written permission of the ENGINEER shall be at the OWNER'S
risk and the OWNER agrees to defend, indemnify and hold harmless the ENGINEER
from all claims , damages , and expenses including attorneys' fees arising out of
such unauthorized reuse of the ENGINEER'S instruments of service by the OWNER
OR BY OTHERS ACTING THROUGH THE OWNER. Any reuse or adaptation of the ENGINEER'S
instruments of service occurring after the written agreement of the ENGINEER
shall entitle the ENGINEER to further compensation in amounts to be agreed upon
by the OWNER and the ENGINEER.
6.2 Delegation of Duties
Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement
without the written consent of the other.
6.3 Termination
This Agreement may be terminated by either party by seven days written notice in
the event of substantial failure to perform in accordance with the terms of this
Agreement by the other party through no fault of the terminating party. If this
Agreement is terminated, the ENGINEER shall be paid for services performed to the
termination notice date including Reimbursable Expenses due. If this Agreement is
terminated through no fault of the ENGINEER, then the ENGINEER shall be due Term-
ination Expenses. Termination Expenses are defined as Reimbursable Expenses
directly attributable to termination, plus 15% of the total compensation earned
to the time of termination to account for ENGINEER'S rescheduling adjustments ,
reassignment of personnel and related costs incurred due to termination.
6.4 Extent of Agreement
Page 10 of 16
This Agreement represents the entire and integrated agreement between the OWNER
and the ENGINEER and supercedes all prior negotiations, representations or agree-
ments, either written or oral . This Agreement may be amended only by written
instrument signed by both the OWNER and the ENGINEER.
6.5 Governing Law
Unless otherwise specified within this Agreement, this Agreement shall be governed
by the law of the State of Colorado.
6.6 General
6.6.1 Should litigation or arbitration occur between the two parties relating to the
provisions of this Agreement, all litigation or arbitration expenses, collection
expenses , witness fees, court costs and attorneys fees incurred by the prevailing
party shall be paid by the non-prevailing party to the prevailing party.
6.6.2 Neither party shall hold the other responsible for damages or delay in
performance caused by acts of God, strikes, lockouts , accidents, or other events
beyond the control of the other or the other's employees and agents .
6.6.3 In the event any provisions of this Agreement shall be held to be invalid
and unenforceable, the remaining provisions shall be valid and binding upon the
parties. One or more waivers by either party of any provision, terms, condition or
covenant shall not be construed by the other party as a waiver of a subsequent
breach of the same by the other party. The ENGINEER has not been retained or compen-
sated to provide design and construction review services relating to the Contractor's
safety precautions or to means, methods, techniques , sequences , or procedures re-
quired for the Contractor to perform his work but not relating to the final or
completed structure; omitted services include but are not limited to shoring,
scaffolding, underpinning, temporary retainment of excavations and any erection
methods and temporary bracing.
6.6.4 Any Opinion of the Construction Cost prepared by the ENGINEER represents
his judgment as a design professional and is supplied for the general guidance of
the OWNER. Since the ENGINEER has no control over the cost of labor and material ,
or over competitive bidding or market conditions, the ENGINEER does not guarantee
the accuracy of such Opinions as compared to Contractor bids or actual cost to
the OWNER.
ARTICLE 7. INSURANCE AND INDEMNITY
Engineer's Insurance -- The ENGINEER shall acquire and maintain statutory
workmen's compensation insurance coverage, adequate employer's liability, compre-
hensive general liability insurance coverage and professional liability insurance
coverage.
Page 11 of 16
ARTICLE 8. PERIOD OF SERVICE
The services called for in Part III, Article 1 .1 under Basic Services and
described by paragraphs 1 . 1 .2, 1 .1 .3 and 1 .1 .5 shall be completed and submitted
within 45 calendar days following execution of this Agreement and authorization
to proceed.
ARTICLE 9. CONDITIONS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
9. 1 Equal Employment Opportunity
(1 ) The ENGINEER will not discriminate against any employee or appli-
cant for employment bacause of race, color, religion, sex, or national origin.
The ENGINEER will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The ENGINEER agrees to post in conspicuous
places , available to employees and applicants for employment, notices to be pro-
vided by the contracting officer setting forth the provision of this nondis-
crimination clause.
(2) The ENGINEER will , in all solicitations or advertisements for
employees placed by or on behalf of the ENGINEER, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
(3) The ENGINEER will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding, a notice to be provided by the Contract Compliance
Officer advising the said labor union or workers ' representatives of the
Contractor's commitment under this section and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
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(4) The ENGINEER will comply with Executive Order No. 11246, entitled
"Equal Employment Opportunity" , as amended by Executive Order No. 11375, and
as supplemented in Department of Labor Regulations (41CFR60) , and shall comply
with other rules, regulations , and relevant orders of the Secretary of Labor.
(5) The ENGINEER will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations ,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records , and accounts by the Department and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules,
regulations and orders.
(6) In the event of the ENGINEER'S noncompliance with the nondiscrim-
ination clauses of this contract or with any of such rules , regulations , or
orders, this contract may be canceled, terminated or suspended in whole or in
part and the ENGINEER may be declared ineligible for further Government con-
tracts or federally assisted construction contract procedures authorized in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order
of the Secretary of Labor, or as otherwise provided by law.
(7) The ENGINEER will include the portion of the sentence immediately
preceding paragraph (1 ) and the provisions of paragraphs (1 ) through (7) in every
subcontract or purchase order unless exempted by rules, regulations , or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each sub-
contractor or vendor. The ENGINEER will take such action with respect to any
subcontract or purchase order as the Department may direct as a means of enforcing
such provisions, including sanctions for noncompliance: Provided, however, that
in the event a ENGINEER becomes involved in , or is threatened with, litigation
with a subcontractor or vendor as a result of such direction by the Department,
the ENGINEER may request the United States to enter into such litigation to
protect the interest of the United States.
9. 1 Lead-Based Paint Hazards
The construction or rehabilitation of residential structures with assistance
provided under this Agreement is subject to the HUD Lead-Based Paint regulations ,
24 CFR Part 35.
9.2 Compliance with Air and Water Acts
This Agreement is subject to the requirements of the Clean Air Act, as amended,
42 USC 1857 et seq. , the Federal Water Pollution Control Act, as amended, 33
USC 1251 et seq. and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
Page 13 of 16
In compliance with said regulations , the ENGINEER agrees:
(1 ) That any facility to be utilized in the performance of any nonexempt
contract or subcontract is not listed on the List of Violating Facilities
issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) To comply with all the requirements of section 114 of the Clean Air
Act, as amended, (42USC 1857c-8) and section 308 of the Federal Water Pollution
Control Act, as amended, (33USC 1318) relating to inspection, monitoring, entry,
reports, and information, as well as all other requirements specified in said
section 114 and section 308, and all regulations and guidelines issued there-
under.
(3) That as a condition for the award of the contract prompt notice will
be given of any notification received from the Director, Office of Federal
Activities , EPA, indicating that a facility utilized or to be utilized for the
contract is under consideration to be listed on the EPA List of Violating
Facilities.
(4) That he will include or cause to be included the criteria and require-
ments in paragraph (1 ) through (4) of this section in every subcontract and
that the ENGINEER will take such action as the government may direct as a means
of enforcing such provisions.
In no event shall any amount of the assistance provided under this Agree-
ment be utilized with respect to a facility which has given rise to a convic-
tion under section 113(c) (1 ) of the Clean Air Act or section 309(c) of the
Federal Water Pollution Control Act.
9.3 Interest of Certain Federal Officials
No member of or Delegate to the Congress of the United States, and no Resident
Commissioner, shall be admitted to any share or part of this Agreement or to
any benefit to arise from the same.
9.4 Interest of Members, Officers, or Employees of Grantee, Members of Local
Governing Body, or Other Public Officials
No member, officer, or employee of the Grantee, or its designees or agents,
no member of the governing body of the locality in which the program is
situated, and no other public official of such locality or localities who
exercises any fuctions or responsibilities with respect to the program during his
tenure or for one year thereafter, shall have any interest, direct or indirect,
in any contract or subcontract, or the proceeds thereof, for work to be performed
in connection with the program assisted under the Agreement.
9.5 Copeland "Anti-Kick Back" Act
The ENGINEER shall comply with the Copeland "Anti-Kick Back" Act (18 U.S.C.874)
Page 14 of 16
as supplemented in Department of Labor regulations (29CFR, Part 3) . This Act
provides that each contractor or subgrant shall be prohibited from inducing, by
any means, any person employed the construction, completion, or repair of pub-
lic work, to give up any part of the compensation to which he is otherwise en-
titled.
9.6 Audit by HUD
The funds provided for this project are derived from a Community Development
Block Grant of the U.S. Department of Housing and Urban Development. Owner,
HUD, the Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any books , documents, papers and records of
the ENGINEER which are directly pertinent to a specific grant program for the
purpose of making audit, examination, excerpts, and transcriptions.
9.7 Section 3 Clause
A. The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the Department
of Housing and Urban Development and is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170u.
Section 3 requires that to the greatest extent feasible opportunities for train-
ing and employment be given lower income residents of the project area and con-
tracts for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial part by persons residing in the
area of the project.
B. The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in 24 CFR, and all applicable rules and
orders of the Department issued thereunder prior to the execution of this con-
tract. The parties to this contract certify and agree that they are under no con-
tractual or other disability which would prevent them from complying with these
requirements.
C. The ENGINEER will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or other contract
or understanding, if any, a notice advising the said labor organization of workers '
representative of his commitments under this Section 3 Clause and shall post copies
of the notice in conspicuous places available to employees and applicants for
employment or training.
D. The ENGINEER will include this Section 3 Clause in every subcontract
for work in connection with the project and will , at the direction of the
Page 15 of 16
applicant for or recipient of Federal financial assistance, take appropriate
action pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the Secretary of Housing and Urban Develop-
ment, 24 CRF. The ENGINEER will not subcontract with any subcontractor where it has
notice or knowledge that the latter has been found in violation of regulations
under 24 CFR, and will not let any subcontract unless the subcontractor has first
provided it with a preliminary statement of ability to comply with the require-
ments of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR, and all applicable rules and orders of the Department issued there-
under prior to the execution of the contract, shall be a condition of the
Federal financial assistance provided to the project, binding upon the applicant
or recipient, its contractors and subcontractors , its successors, and assigns.
Failure to fulfill these requirements shall subject the applicant or recipient,
its contractors and subcontractors , its successors , and assigns to those
sanctions specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified by 24 CRF
135.
IN WITNESS WHEREOF, the parties hereto have signed this agreement
the day and year first above written.
OWNER: B OF COUNTY COMMISSIONERS OF
ELD OUNTY, COkOR1; 0
By: 7�,/��,,,ff{ /,i� 73 Lt,,
ATTEST: - arr1'e K: ifdrk, Chairman
Weld County Clerk and Recorder
and Clerk to the Board
By: v t2\
D puty \ 1,�
Coci%ty CFYerk
ENGINEER: HOGA ND OLHAUSEN, INC.
. ed_e___ ;)(YCD
E•
Page 16 of 16
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