HomeMy WebLinkAbout20102403.tiff MEMORANDUM
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TO: Clerktothe Board DATE: October4, 2010
FROM: Wayne Howard, County Engineer/CIP blic Works
WillC SUBJECTUCONSENT AGENDA ITEM
COLORADO
Agreement for Professional Services with Colorado Civil Group, Inc. for improvements to WCR 7
approximately one-half mile north of the intersection of Zinnia Avenue and WCR 7.
Attached is one original signed agreement.
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2010-2403
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the Weld County Board of County
Commissioners, County of Weld, State of Colorado, whose address is 915 10th Street, Greeley,
Colorado, 80631 ("County"), and Colorado Civil Group, Inc, a Colorado Corporation, whose
address is 1413 West 29th Street, Loveland, Colorado 80538, ("Contractor").
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. Services to be Performed. Contractor agrees to perform the Services listed or
referred to as "Basic Services" in Exhibit A, which is attached hereto and incorporated herein.
3. Term. The term of this Agreement shall begin upon the execution of this Agreement
and shall terminate upon the completion of those services designated as "Basic Services" set
forth in Exhibit A.
4. Compensation.
a. County agrees to pay Seven Thousand, Seven Hundred and no/100 Dollars
($7,700.00), to Contractor as compensation for Contractor's performance of the Basic
Services described in Exhibit A. Said amount shall include all costs associated with
Contractor's services, including but not limited to salaries paid to Contractor's
employees, benefits, expenses, overhead, administration and profits.
b. Payment to Contractor shall be made within fifteen (15) days following
the presentation of a proper monthly claim by Contractor, based upon Contractor's
estimate of the proportion of the services actually completed at the time of the
preparation of the claim, compared to the total services described in Exhibit A.
c. County agrees to pay Contractor for those services designated in Exhibit A
as "Additional Services", based upon Contractor's then current Schedule of Fees, a copy
of which is set forth in Exhibit B, a copy of which is attached hereto and made a part
hereof
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d. Payment for Additional Services shall be paid within fifteen (15) days of
Contractor's presentation of a proper claim therefore which itemizes all services
performed and expenses incurred.
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
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 agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
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.
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10. Insurance and Indemnification. Subject to the limitation set forth in Paragraph
1.1.5 of the Scope of Services attached hereto as Exhibit A, Contractor shall defend and
indemnify County, its officers and agents, from and against loss or liability arising from
Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement.
a. Contractor shall procure and maintain insurance for protection from claims
under workers' compensation acts, claims for damages because of bodily injury including
personal injury, sickness or disease or death of any and all employees or of any person other
than such employees, and from claims or damages because of injury to or destruction of
property including loss of use resulting therefrom. The workers' compensation insurance
carried by Contractor shall be in accordance with statutory law and include employers'
liability insurance with a limit of not less than $100,000 per accident, $500,000 disease,
policy limit and $100,000 disease limit each employee. The general liability insurance
carried by Contractor shall have minimum combined single limits of $1,000,000 each
occurrence and $1,000,000 aggregate, shall include the County as additional insured, with
primary coverage as respects the County, and shall contain a severability of interests
provision. Contractor shall also procure and maintain professional liability insurance with
minimum combined single limits of$1,000,000 each occurrence and $1,000,000 aggregate.
All required insurances shall be continuously maintained to cover all liability, claims,
demands, and other obligations assumed by Contractor pursuant to this Agreement In the
case of any claims-made policy, the necessary retroactive dates and extended reporting
periods shall be procured by Contractor to maintain such continuous coverage. Certificates of
insurance evidencing such coverages shall be provided to the County upon request.
b. Contractor shall also procure and maintain continuously comprehensive
automobile liability insurance with minimum combined single limits for bodily injury and
property damage of not less than $150,000 per person in any one occurrence and $500,000
for two or more persons in any one occurrence, and auto property damage insurance of at
least $50,000 per claim, with respect to each of Contractor's, hired or non-owned vehicles
assigned to or used in performance of the services under this Agreement. The policy shall
include the County as additional insured with primary coverage as respects the County and
shall contain a severability of interests provision.
11. Termination. Either party may terminate this Agreement at any time by providing
the other party with a ten (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.
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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
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. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies, procedures, and practices
of County.
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. As more fully let forth in Exhibit C, "Weld County Public Services
Contract Addendum Prohibition Against Employing Illegal Aliens", a copy of which is attached
hereto and made a part hereof, 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
illegal aliens or subcontracts with illegal aliens, County may 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. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
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.
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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 portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess.
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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
COLORADO CIVIL GROUP, INC.
(Contractor)
By:
David B. Lindsay, President
Attest: - J"` `�—
Date: 9-„Z S —to
ATTEST: BOARD OF COUNTY
CLERK TO THE BO I� Lam` COMMISSIONERSOF WELD COUNTY
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BY� ,/ :%/!.� ate j ��""' � �- B •
Deputy Cler . th :�•} 1 , B ara Kirkmeyer, Chai an Pro—Tem
°WC 10/11/2010
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EXHIBIT A
Scope of Services
Basic Services
For the purposes of the AGREEMENT, the Basic Services shall include professional civil
Engineering design services, as further described herein, relative to the improvements to Weld
County Road 7. The improvements to Weld County Road 7 span approximately one-half mile north
of the intersection of Zinnia Avenue and Weld County Road 7. This section of roadway design
improvements is considered the "Project". This Project is part of a larger design project by the
Town of Firestone and the scope and fee for this Agreement are reflective of that. The design of
Weld County Road 7 for the County will be included within the construction plans that are being
produced for the Town of Firestone. The bidding materials, construction contract, and
construction specifications will also be included within the construction documents that are being
produced for the Town of Firestone. Specific tasks to be performed shall be:
1.1 Base Material—Weld County Road 7
Contractor shall prepare base mapping of the project area and collect information regarding
existing property and facilities along the route of the work. Existing conditions in the project
area will be assessed both on and below the surface. This effort shall include:
1.1.1 Topography will be obtained by GPS and/or conventional Surveying and used as
the basis of the project base mapping and construction plans. Vertical control for
the project will be based on the NGVD 1929 datum. Topography will consist of
1-foot contours.
1.1.2 Previously prepared construction plan sets, plats, soils reports and drainage
reports will be gathered for reference during the design process.
1.1.3 Existing utilities, drainage structures, and irrigation facilities will be located and
evaluated. Existing utilities will be evaluated to determine if they will need to be
relocated. Existing drainage and irrigation facilities will be evaluated to
determine if their capacity is relevant to the project adequate and if the
conveyances are in need of replacement.
1.1.4 Utility potholing will be performed where necessary and utilized in the design of the
roadway.
1.1.5 It is recognized that in performing its services, including but not limited to the
identification, location and evaluation of existing facilities and property
ownership rights Contractor will rely on records, documentation and observations,
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some of which may not be capable of confirmation without expending substantial
sums of money and/or destroying or damaging serviceable facilities or structures.
Accordingly, Contractor shall not be liable for any, loss, damage, cost or expense
resulting from actual conditions which differ from the records, documents and
observations relied upon by Contractor unless and to the extent such loss, damage,
cost or expense is directly attributable to Contractor's sole negligence.
1.2 Design—Weld County Road 7
Contractor shall prepare final construction plans for the improvements to Weld County Road 7.
The improvements span approximately one-half mile north of the intersection of Zinnia Avenue and
Weld County Road 7. The improvements to Weld County Road 7 consist of rural street section
design (2 lanes) between the intersection of Zinnia Avenue/ Weld County Road 7 and the Mead
High School entrance. The design shall incorporate necessary grading of the entire 60-foot wide
road Right-of-Way along Weld County Road 7 to accommodate two (2) paved lanes, two (2) 4-
foot paved shoulders and roadside ditches. Specific design elements shall include:
1.2.1 Contractor shall prepare a street signing and striping plan at a minimum scale of
1"=50'.
1.2.2 Contractor shall prepare a street cross-section plan every 100 feet which shows
the existing ground and the proposed improvements. This plan shall also include
the plan view of the roadway with stationing and cross-section locations.
1.2.3 Information prepared by the Contractor's geotechnical engineering consultant will
be incorporated into the design.
1.2.4 Contractor shall prepare a public improvements opinion of cost.
1.2.5 Contractor shall render its services in accordance with generally accepted
Engineering standards and practices as such standards and practices are normally
exercised in the performance of professional standards of a similar nature in the
Denver metropolitan area.
1.3 Construction Documents
Contractor shall prepare construction documents including bidding materials, construction
contract, and construction specifications for Weld County Road 7 as one complete document.
These construction documents will also include design and bidding information for the Town of
Firestone because this Project is part of a larger project by the Town of Firestone. These
documents shall conform to the form and format of the Contractors Joint Contract Documents
Committee General Conditions. Contractor shall assist County during the bidding process and
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shall evaluate the bids. Contractor shall, after reviewing the bids, prepare a recommendation to
County regarding award of the construction contract.
SECTION 2 -Additional Services
Services not contemplated in Section 1 may be required of Contractor by County. If such work is to
be performed a change order to the Agreement will be prepared and presented to County prior to
initiation of said work. Descriptions of additional services, compensation, and period-of-services
adjustments will be presented in the change order,prior to starting any additional services.
Specific services not included in this Agreement include,but are not limited to:
2.1 Services resulting from significant changes in the project including, but not limited to,
changes in size, complexity, alignment, County's schedule, significant changes required by
others, and revision of previously accepted reports or design documents when such revisions
are due to causes beyond the Contractor's control.
2.2 Negotiation of property or easement acquisition.
2.3 Negotiation and coordination with utility companies for any necessary relocation or
adjustment of existing utilities (gas, water, electric, etc.) arising from conflicts with the
proposed improvements.
2.4 Retaining the services of a traffic engineering consultant to evaluate existing traffic
conditions and proposed traffic conditions.
2.5 Retaining the services of a geotechnical engineering consultant to evaluate the subsurface
conditions of the project, evaluate the existing pavement sections and recommend
proposed pavement sections.
2.6 Retaining the services of an environmental consultant to evaluate the project area for
potential conflicts with the proposed project.
2.7 Coordination or scheduling of neighborhood or other public meetings.
2.8 Construction management or construction staking.
2.9 As-built surveying and an as-built drawing plan will be an additional service to the County.
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Exhibit B
2010 Summary of Fees
ENGINEERS ($/hr)
Senior Project Engineer $95 - $105
Project Engineer $85 - $95
Design Engineer $75 - $85
CONSTRUCTION INSPECTION ($/hr)
Senior Inspector $70 - $85
Inspector $55 - $70
DESIGNER/CAD TECH ($/hr)
Senior Designer/Tech $60 - $75
Designer/CAD Tech $45 - $60
ADMINISTRATION/SUPPORT SERVICES ($/hr)
Secretarial/Clerical $35 - $50
REIMBURSABLES
Mileage $0.45/mi.
Copies (standard in-house) Labor Rate
Copies (standard out-sourced) Cost+ 5%
Copies (24x36 in-house) Labor Rate
Copies (24x36 out-sourced) Cost + 5%
Miscellaneous Expenses Cost+ 5%
Sub-Consultants Cost+ 5%
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Exhibit C
Weld County Public Services Contract Addendum
Prohibition Against Employing Illegal Aliens
Prohibition Against Employing Illegal Aliens. Colorado Civil Group, Inc. (Contractor) shall
not knowingly employ or contract with an illegal alien to perform work under this contract.
Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract.
Contractor has verified or attempted to verify through participating in the basic pilot program as
defined in C.R.S. Section 8-17.5-101(1) ("Program") that Contractor does not employ any illegal
aliens and, if Contractor is not accepted into the Program prior to entering into this contract, that
Contractor shall apply to participate in the Program every three months until Contractor is
accepted or the contract has been completed, whichever is earlier. This provision shall not be
required or effective if the Program is discontinued. Contractor is prohibited from using the
Program procedures to undertake pre-employment screening of job applicants while this contract
is being performed.
If Contractor obtains actual knowledge that a subcontractor performing work under this contract
for services knowingly employs or contracts with an illegal alien, Contractor shall:
a. Notify the subcontractor and the County within three days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
b. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this paragraph the subcontractor does not stop
employing or contracting with the illegal alien; except that the Contractor shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
Contractor shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the Department is undertaking pursuant
to the authority established in C.R.S. Section 8-17.5-102(5).
If Contractor violates a provision of this Contract required pursuant to C.R.S. Section 8-17.5-
102, the County may terminate the contract for breach of contract. If the contract is so
terminated, the Contractor shall be liable for actual and consequential damages to the County.
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Weld County
Contractor's Pre-Contract Certification
Regarding Employing Illegal Aliens
The proposer of public services to Weld County identified below (hereafter "the Proposer"),
hereby certifies as follows:
That at the time of providing this certification, Proposer does not knowingly employ or contract
with an illegal alien; and that Proposer has participated in or attempted to participate in the Basic
Pilot Program administered by the United States Department of Homeland Security in order to
verify that it does not employ any illegal aliens.
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Dated this )S day of 5 g„1 , 20/u
Proposer:
Colorado Civil Group, Inc.
By:
Title: ?2:=S;.9o✓,-
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