HomeMy WebLinkAbout20091577.tiffRESOLUTION
RE: APPROVE PROPOSAL FOR ENGINEERING AND SURVEY SERVICES FOR WELD
COUNTY TRAINING CENTER AND AUTHORIZE CHAIR TO SIGN - DREXEL, BARRELL
AND CO.
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 a Proposal for Engineering and Surveying
Services for the Weld County Training Center 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
Finance and Administration, and Drexel, BarrelI and Co., commencing upon full execution, with
further terms and conditions being as stated in said proposal, and
WHEREAS, after review, the Board deems it advisable to approve said proposal, 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 Proposal for Engineering and Surveying Services for the Weld County
Training Center 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 Finance and
Administration, and Drexel, BarrelI and Co., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said proposal.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of July, A.D., 2009.
ATTEST:
Weld County Clerk to th
BY
Depiu. Clerk
APP
ounty Attorney
Date of signature 1
RM:
David E. L
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
illiam F. Garcia, Chair
a- > r: or
Doug) Radem
SeaniP. Conway
cher, Pro-Tem
Kirkmeyer
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ong
2009-1577
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Monica Daniels -Mika, AICP
Weld County — Director of Administrative Services
915 10th Street
Greeley, CO 80631
Subject: Proposal for Engineering & Surveying Services:
Weld County Training Center -1104 'H' Street
Greeley, CO
Monica:
Drexel Barrell is very pleased to present you with this proposal and
estimated fee, at your request, for Engineering & Surveying Services for
the Weld County Training Center parcel located in Greeley, Colorado. We
have enjoyed working with Weld County and on projects within the Weld
County Business Park. In recent years, these projects have included the
Weld County Administration Building (Home of Elections and GIS),
North Range Behavioral Health, and currently Weld County
Community Corrections. We fully understand your goal on this new
project and stand ready to assist you through the City process.
This proposal is based on the design and surveying services required by
the City of Greeley to undergo the site plan review process. Our proposal
includes the Scope of Services, which provides details of the design
services that will be provided for this site. The Conditions, Assumptions
and Exclusions cover items that we do not normally include or items that
will be designed by other consultants. We have also included a copy of
Drexel Barrell's Fee Schedule and Terms and Conditions.
We sincerely appreciate the opportunity to present this proposal and are
looking forward to working with you on this project. Please do not hesitate
to contact myself or Loren if you have any questions or would like any
additional information.
Sincerely,
Drexel, Barrell & Co.
Accepted:
Monica Daniels- Mika, AICP
Cameron W. Knapp, P.E. By: _
Title: JUL ?"3 2009
Date: 7/ L/(2
Project Manager
2009-1577
Weld County Training Center 2
June 2009
SCOPE OF SERVICES
for
WELD COUNTY TRAINING CENTER
GREELEY, CO
DESIGN: SURVEYING & ENGINEERING
APPROVAL PROCESSING
Task 1 - Approval Processing, Meeting Attendance and Revisions: Drexel Barrell
will attend City, County, and other meetings at your request. Drexel Barrell will meet and
correspond with the City of Greeley staff officials to incorporate suggestions,
recommendations and other requirements for the design. This task will be ongoing
throughout the design phase of the project. Hours above the amounts shown on the
Schedule of Hours and Fees will be charged according to the attached Fee Schedule.
TOPOGRAPHIC SURVEYING
Task 2 - Topographic Mapping: Drexel Barrell will prepare a topographic map of the
site to accurately define current site topography and located existing features on the site
to be used on the Site Plan. Mapping may also include, but not be limited to, location
and elevation of existing utility markers, buildings, parking lots, roadway connections,
detention ponds and stormwater facilities. As part of the topographic mapping, Drexel
Barrell will also identify the property's corners to verify the boundary.
ENGINEERING SERVICES
Task 3 - Application: Drexel Barrell will complete the City's application for the Site
Plan Review submittal.
Task 4 - Narrative: A detailed written description describing the proposed
development will be prepared by Drexel Barrell as part of the information to be provided
to the City of Greeley for the Site Plan Review.
Task 5 - Site Plan: Conceptual site plan(s) will first be presented to the County
showing up to three (3) alternative layouts for the developable area of the Training
Center Parcel during full build out (three buildings max.). The layout designs will include
consideration of parking requirements, pedestrian connectivity with the existing Training
Center Building, traffic flow patterns, anticipated building sizes, existing and proposed
utilities, drainage and onsite stormwater detention, floodplain issues, site access points
to adjoining streets, and phasing of construction. Based on feedback from the County,
Drexel Barrell will consolidate a final Site Plan to be submitted to the City with the Site
Weld County Training Center 3
June 2009
Plan Review submittal. The scaled drawing of the Site Plan will be prepared showing
the detail necessary to conform to the City's requirements.
Task 6 - Photometric Lighting Plan: Based on the Site Plan, Drexel Barrel) will
prepare a preliminary photometric plan meeting the City of Greeley's requirements.
ANCILLARY SERVICES
Task 7 - Reprographics and Reimbursables: Drexel BarrelI has estimated an
amount to cover routine project reprographics and reimbursables. (See Schedule of
Hours and Fees).
PROFESSIONAL FEES
Drexel BarrelI agrees to provide the services described in the Scope of Services for the
amounts estimated on the attached Schedule of Hours and Fees. Drexel, BarrelI & Co. will
send monthly invoices for the hourly charges incurred.
Naturally, any significant City, County, District, Client or outside agency -initiated change in
project scope or direction would require a corresponding modification to the fees listed.
CONDITIONS, ASSUMPTIONS AND EXCLUSIONS
The following conditions, assumptions and exclusions are an integral part of this proposal:
1) Drexel BarrelI can commence work immediately upon receipt of written
acceptance of this proposal from the Client.
2) This proposal is based on the assumption that the site plan review will not
constitute preparing building elevations or a landscape plan. If these materials
are required by the City, the work shall be performed by an architect and
landscape architect contracted through Weld County.
3) No environmental assessment (hazardous waste) services or geotechnical
services are included with this proposal.
4) An investigation will be conducted to determine the master drainage plan and/or
the city's criteria and regulations for stormwater drainage on the site. From initial
inquires, it has been found that onsite detention is currently provided and it is
anticipated that additional volume will be required with the proposed
development. Simple preliminary calculations and sizing may be necessary to
determine the general area to be reserved for detention; however, no detailed
grading or design of any stormwater or water quality features are deemed
necessary for the Site Plan Review and is therefore not included in the scope of
work provided in this proposal.
5) All work required on this project that is outside the original scope will be billed on
a time and materials basis according to our Fee Schedule.
Weld County Training Center 4
June 2009
6) Architecture, landscape architecture, landscape irrigation, mechanical
engineering, structural engineering, electrical engineering, and other building -
related trades are excluded from this proposal and not a part of this proposal.
7) Permitting will be handled by the contractor for the site.
8) Although we consider ourselves experts at the tasks we have offered to provide,
we cannot control the actions of review agencies. Therefore, no guarantees
regarding outcomes are expressed or implied.
9) If conditions materially change during the course of this project, we reserve the
right to renegotiate this contract to reflect the changed conditions.
10) All Drexel, Barrell & Co. invoices are due and payable within 30 days of the
invoice date. Payments not received within said period will accrue a late fee on
the unpaid balance at an annual rate of 18 percent, compounded daily.
11) Drexel, Barrell & Co.'s 2009 Fee Schedule and Terms and Conditions are
attached and incorporated into this proposal by reference. Any services not
completed within one calendar year are subject to a stipulated 5.0 percent annual
increase in Drexel Barrell & Co's fee. Drexel, Barrell & Co. reserves the right to
terminate this contract if not completed within two calendar years (through no fault
of Drexel Barrell).
WELD COUNTY TRAINING CENTER
SURVEYING & ENGINEERING DESIGN SERVICES
June 17, 2009
SCHEDULE OF HOURS AND FEES
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CATEGORY
TASK
HOURLY RATE
1 APPROVAL PROCESSING,
MEETINGS AND REVISIONS
Subtotal Approval Processing
2 TOPOGRAPHIC MAPPING &
BOUNDARY VERIFICATION
Subtotal Surveying
3 SITE PLAN REVIEW
APPLICATION
4 NARRATIVE
5 SITE PLAN
6 PHOTOMETRIC PLAN
Subtotal Engineering
SUBTOTAL
11 REPROGRAPHICS AND
REIMBURSABLES
PHASE
APPROVAL
PROCESSING
TOPOGRAPHIC
SURVEYING
ENGINEERING
SERVICES
ANCILLARY
SERVICES
CD
M
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to
FINAL ESTIMATED FEE
Drexel, Barrel) & Co.
TERMS AND CONDITIONS
1. SERVICES
1.1. Client desires to retain Drexel to provide Client with certain Services (as defined below) with respect to the Client's project on the Project Site as described in the
Scope of Work.
2. DEFINITIONS
2.1. "Scope of Work" shall mean the proposed work described on the attached Services Agreement, which specifies the Services, the scope thereof, and the applicable
fees for the Services. The Scope of Work shall be governed by these Terms and Conditions.
2.2. "Services" shall mean the work to be performed by Drexel on the Clients project, subject to the terms of this Agreement. as specified in the Scope of Work
3. CHARGES, PAYMENT AND TAXES
3.1. Fees for Services. Unless otherwise expressly stated in the Scope of Work, Services shall be provided on a time and material ("T&M") basis at Drexel's Fee
Schedule rates current when the Services are performed (which rates shall be set forth in an attachment to the Scope of Work). The Fee Schedule may be modified at
the commencement of each calendar year and. as modified, shall be effective thereafter. If the parties agree upon a cost limit for the Project, it shall be stated in the
Scope of Work and shall be deemed the maximum amount to be paid by Client on a T&M basis. If the Services are to be provided on a Fixed Fee basis, said Fixed
Fee is the amount that shall be paid by Client for the Services provided in the Scope of Work, which Fixed Fee shall be billed and paid monthly based upon Drexel's
estimate of the percentage of the work completed. If the Scope of Work is modified. Drexel shall provide the Services for new or additional work on a T&M basis not
subject to the cost limit or Fixed Fee unless a written change order modifying the cost limit or Fixed fee for the modified Scope of Work is signed by the parties.
Reimbursable Expenses. Client shall reimburse Drexel for reasonable travel, communications, equipment rental, consultant's fees, disposal fees, reproduction.
delivery and express shipping fees. subcontractor fees and expenses and other out-of-pocket expenses incurred in conjunction with the Services. All such
reimbursables shall be charged and billed at 1.15 times the direct out-of-pocket expense.
3.3. Invoicing and Payment. Drexel shall invoice Client monthly, unless otherwise agreed in the Scope of Work. Payment of all invoiced amounts shall be due within 45
days from the last day of the month for which services were rendered (the'Grace Period') (e.g.. payment for work performed in September would be due by November
14). Any amount payable by Client hereunder that remains unpaid after the Grace Period shall be subject to an interest rate of 1.5 % per month, compounded daily,
and interest shall accrue commencing with the first day of the Grace Period. until the amount is paid. In the event any amount payable by Client hereunder remains
unpaid after the Grace Period, in addition to other remedies available, Drexel shall be entitled, but not obligated. without terminating this Agreement to cease all work
provided pursuant to this Agreement until paid in full, which cessation shall extend all time -related obligations of Drexel.
3.4. Taxes and Governmental Fees. The fees and rates described above do not include any applicable taxes or fees levied or charged by any governmental entity. If
Drexel is required to pay any federal, state or local taxes or fees based on or in connection with its performance of the Services under this Agreement (other than taxes
based on Drexel's income), such taxes and fees shall be billed to and paid by Client as a reimbursable expense pursuant to the provisions of Paragraph 3.2 above.
3.5. Retainer. In the event Client has provided to Drexel a Retainer, said Retainer shall be applied to amounts due under the final invoice submitted by Drexel upon
completion of the work, provided, however. that if Client fails to timely pay an earlier invoice, Drexel may utilize any or all of the Retainer to pay such invoice and Client
shall immediately replenish the Retainer. The Retainer may be utilized by Drexel to satisfy, in whole or in part, any default of Client. In the event the Retainer is in an
amount in excess of amounts remaining due from Client, Drexel shall refund such excess to Client within thirty (30) days following completion of the work.
3.6. Accuracy of Invoices. Client agrees that invoices from Drexel to Client are correct. conclusive, and binding on Client unless Client, within thirty (30) days from the
date of the invoice, notifies Drexel in writing of alleged inaccuracies, discrepancies. or errors in the invoice.
3.7. Fee Adjustment Due to Cessation of Work. In the event that Client requests Drexel to suspend or cease performance of the work or Drexel ceases its performance
as provided under the terms of this Agreement, Client agrees to pay additional fees and expenses resulting from such suspension of work on a T&M basis as a
modification to the Scope of Work.
3.8. Lien Rights. Client agrees that Drexel shall have a mechanic's lien upon the privately owned real property included within the Project Site for all unpaid sums due
pursuant to this Agreement. Client further agrees and specifically acknowledges that all Services provided as set forth in the Scope of Work, as may be amended,
shall be conclusively deemed to have been provided as an improvement to and upon the privately owned real property within the Project Site. If Client is a
governmental entity or the Project Site is a public project, the foregoing shall not apply, but Drexel shall retain all rights pursuant to C.R.S. §38-26-101 et. seq.
Rate Revisions. Drexel Barrel) adjusts the attached Fee Schedule annually on January 1 Projects extending beyond January 1 of each year shall be subject to the
new Fee Schedule.
4. PROJECT
4.1. Access to Project Site. Client agrees to cooperate in every way requested by Drexel to expedite the commencement and completion of the work set forth in the
Scope of Work. Client agrees to provide Drexel access to the Project Site and to make available any records, documents, deeds or other items requested by Drexel
for the reasonable performance of the work. If the Client does not own privately owned real property within the Project Site, Client shall provide to Drexel written
authorization from the owner of such property to perform the work described in the Scope of Work.
4.2. Right of Entry. Client grants Drexel, its agents, employees, consultants, contractors and subcontractors the right to enter the Project Site for the purpose of
studyingresearching, sampling and testing as necessary to perform the Services.
5. TERM AND TERMINATION
5.1. Term. This Agreement shall commence on the Commencement Date set forth in the Scope of Work and continue until the work is completed and full payment has
been received.
5.2. Termination for Breach. Either party may terminate this Agreement if the other party is in material breach of this Agreement or the Scope of Work and has not cured
such breach within 15 days of written notice specifying the breach. Consent to extend the cure period for a non -monetary breach shall not be unreasonably withheld,
so long as the breaching party has commenced efforts to cure during the 15 -day notice period and pursues cure of the breach in good faith.
Termination for Cause. Drexel may terminate this Agreement upon 15 days written notice to Client in the event that.
5.3.1. Client should become insolvent or have a receiver appointed over any of its assets,
5.3.2. Proceedings are instituted by or against client for winding up, reorganization, or bankruptcy.
5.3.3. Client makes an assignment for benefit of or composition with its creditors.
5.3.4. Client, a governmental entity, or other cause beyond control of Drexel causes the work to be discontinued for a period in excess of ninety (90) days', or
5.3.5. Due to matters beyond the control of Drexelthe work described in the Scope of Work has not been completed by the end of the second year from the
Commencement Date.
5.4. Effect of Termination. The parties' rights and obligations under Article 3, Article 6. and Section 7 2 shall survive termination of this Agreement and completion of the
Services. Termination of this Agreement shall not limit either party from pursuing any other remedies available to it. including injunctive relief. Termination shall not
relieve Client of its obligation to pay (a) all charges that accrued prior to such termination. (b) all charges incurred by Drexel after such termination in connection with
the withdrawal of equipment and personnel from the Project Site, and (c) lost profits and overhead unless the termination results from Drexel's breach.
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6. WARRANTY, REMEDY AND LIMITATION OF LIABILITY
6.1. Warranty. Drexel warrants that the Services shall be performed consistent with generally accepted standards of care of professional engineers and surveyors in the
locality of the Project Site.
6.2. Limitations on Warranty. Client must report any deficiencies in the Services to Drexel in writing within 60 days of completion of the Services in order to receive the
warranty remedy described below. THE WARRANTY HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED.
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.3. Limitation of Liability/Exclusive Remedy. For any claim against Drexel (whether it is for breach of warranty, for tort, for breach of contract, or otherwise), Drexel
shall not be liable for any indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, or use incurred by the Client or any third
party. The risks have been allocated such that the Client agrees to the fullest extent permitted by law that Drexel's maximum liability to Client for any warranty claims,
damages, or breaches arising out of this Agreement and the provision of its Services shall. at Drexel's choice, be one of the following. (a) Drexel's re -performance of
the Services, (b) the fees paid to Drexel under this Agreement, or (c ) $50,000.
6.4. Indemnification. Client shall indemnify, defend and hold Drexel harmless from and against any and all demands, suits. causes of actionJudgments, expenses.
attorneys' fees and losses (collectively, "Claims") arising out of or in connection with bodily injury (including death) to persons or damage to property resulting
from conditions at the Project Site, the inaccuracy of data or information supplied by Client, work performed by others. and the negligent acts or omissions of
Client, its agents or employees.
6.5. Estimates. Drexel makes no representation or warranty concerning the estimated quantities, land areas, or probable costs made in connection with surveys.
maps, plans, specifications. reports or drawings, other than that all such quantities, areas, and costs are estimates only. Certified land areas will only be provided
when requested in writing and at additional charge to client.
7. GENERAL
7.1. Governmental Approvals. If set forth in the Scope of Work. Drexel agrees to assist and advise client in obtaining the necessary governmental approvals for the
project; provided, however, that all services provided in connection with such governmental approvals shall be paid on a T&M basis notwithstanding any cost limit or
Fixed Fee. Drexel does not make any warranties or representations regarding the likelihood or timing of governmental approvals.
7.2. Documents. Drexel shall have the right to retain the original copies of all documents, reports, surveys, plans, drawings, specifications, boring logs. field notes,
laboratory test data, calculations or estimates prepared by Drexel in performing the Services (the "Documents") all of which shall remain the property of Drexel
and may be used by Drexel without Clients consent. Client agrees not to use or rely on any Documents other than in connection with the Project without Drexel's
prior written consent. Any such use of or reliance on the Documents without Drexel's permission is at Client's sole risk. and Client shall indemnify, defend and
hold Drexel harmless from any and all Claims arising from such unauthorized use. Upon request and payment of the costs involved and provided Client is not
then in breach of this Agreement; Drexel shall provide copies of the Documents to Client.
7.3. Subcontracting. Drexel shall be authorized to subcontract any of the Services, but such subcontracting shall not relieve Drexel of any of the responsibilities or
obligations under this Agreement. The fees and expenses of such subcontractors shall be deemed reimbursables. Subject to the limitations set forth in Article 6
above. Drexel shall be and will remain responsible to Client for the acts, errors, omissions or neglect of any subcontractor's officers, agents, and employees.
7.4. Force Majeure. Drexel shall not be responsible for damages or delay in performance caused by events beyond the control of Drexel, including without limitation, acts
of God, strikes, lockouts, accidents, the actions of governmental entities, failures of Client or others to provide timely information to Drexel. or otherwise.
7.5. Third -Party Beneficiary. Client and Drexel agree that there are no express, intended, or implied third -party beneficiaries to this Agreement. and this Agreement may
only be enforced by the undersigned parties.
7.6. Relationship between the Parties. Drexel is an entity independent from Client and is in direct control of its direction and timing of actions. This Agreement does not
establish a joint venture, agency or partnership between the parties. nor does it create an employer -employee relationship. Each party shall be solely responsible
for payment of all compensation owed to its employees. as well as employment related taxes. Drexel is not responsible for the performance of work by third parties
(other than Drexel subcontractors). including without limitation construction contractors.
8. MISCELLANEOUS
8.1. Governing Law. The laws of the State of Colorado shall govern this Agreement, and all matters arising out of or relating to this Agreement.
Jurisdiction. Any legal action or proceeding relating to this Agreement shall be adjudicated in the District Court of the County of Boulder, State of Colorado, or the
United States District Court for the State of Colorado, except that any action involving perfection or foreclosure of a mechanic's lien shall be adjudicated in the District
Court for the county in which the Project Site is located. Drexel and Client agree to submit to the jurisdiction of. and agree that venue is proper in, the aforesaid courts
in any such legal action or proceeding. Drexel. Bartell & Co. shall be awarded all attorney fees and costs it incurs in enforcing this agreement.
8.3. Notice. All notices, including notices of address change. required or permitted to be sent hereunder shall be in writing and shall be deemed to have been given when
mailed by first-class mail to the addresses for the parties listed in the Scope of Work.
8.4. Severability. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force.
8.5. Waiver. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. Except for
actions for nonpayment. no action, regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of action has
accrued
8.6. Successors and Assigns. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators. successors, and assigns.
Neither party may assign its interest herein without the prior written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the
above, no assignment shall operate to relieve the assignor of its obligations hereunder.
8.7. Entire Agreement. This Agreement and the Scope of Work constitute the complete agreement between the parties and supersede all previous and
contemporaneous agreements, proposals, or representationswritten or oralconcerning the subject matter of this Agreement. Neither this Agreement nor the Scope
of Work may be modified or amended except in writing signed by a duly authorized representative of each party; no other act. document, usage, or custom shall be
deemed to amend or modify this Agreement or the Scope of Work. It is expressly agreed that any terms and conditions of any request or proposal for services by
Client shall be superseded by the terms and conditions of this Agreement, including the Services Agreement. these Terms and Conditions, and the Fee Schedule.
11:';P'mmslPee Schedule ',Ter'ms,Ind ( 'ondrlrmre. Doe bc-hi'iiui r' 21. 2006 13:00 P1/
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