The URL can be used to link to this page

Browse Search

Home My WebLink About20081243.tiff EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN WELD COUNTY AND H C PECK AND ASSOCIATES. DATED: April 16, 2008 Work Order Number: Acquisition 10.01 Purchase Order Number: Project Title: WCR 27/66A BRO CO30-030 Commencement Date: May 15, 2008 Completion Date: September 15, 2008 Limitations on compensation: (time and reimbursable direct costs): $16,268.62 Project Description: Land Acquisition Services Scope of Services: SEE ATTACHED EXHIBIT "B" Professional agrees to perform the services The attached forms consisting of three (3) pages identified above and on the attached forms in are hereby accepted and incorporated herein, by accordance with the terms and conditions this reference, and Notice to Proceed is hereby contained herein and in the Professional given. Services Agreement between the parties. In the event of a conflict between or ambiguity in the Weld County / terms of the Professional Services Agreement By: '--=�� - and this work order (including the attached Project Manager forms) the Professional Services Agreement Date: G/id"U 8 shall control. O , By: G�/=— � Profes n/� Departm t'Head By: a - F�'�j�( Date: 9--L,8' —D ' 11.4.1 E�arkerL�xecutive Vice President / Date: y �yD By: Director f in 0. 21 AdByOnistration Date: L tS LUU By: 1_7)— .1...,„ Chairman, Weld Con .t'missioners Date: `APR t'I: • AT IL /LA .A . I • 4 qv WELD COUNTY CLE^K TOT 'E B Afj© Thi L'EP l i� ; t� Lii ^ it R1 r eCcce //�r ,' /M2O1/-c1<J /�� •..: I !S '72,111,73 ^ COUNTY 2k'/- �n-nR-- o� co N r 'C 'C N ai V1 r o\ N fn T .a M co N en 7 '0 N c 5 Qs s5 v3 E es a o 0 0 a o 0 .3 0 a. 0 t° « 00 .> o ct NNo 0g0 6 .� N V cc '0 ' N TICil C 3° ¢ w u 4. F o a g - W ro .-, 0 N 0 fF/J O • ° tb o a N er 6 E0Os U ° 843 °" it coat en a ° En 9 {T] N 0 00 � � A O m rgw.5 ..-. '5 '1r q11 eF O cv rn e up x W r W w 0 N 3 N U N A 8 'a x aa ? 3 m ° o �° $ eu ° Oct C4 .a U V 0. 0 0 xa w ci , o a 5 0 '$ 5 5 3vi G a o 0 5 0 0 '�, 0 5 en 3 k, N N .a c , m w w « 5 a ° 9 -F3 en 03 O b °. 0. > a >. ,S rn U o o czsw°5, en .5 d o o ° 0 co U 0 1-) c ° w .a m o " '� 33 o eg y $ y a a �v v o �a m m 3 .0 a C N a a O ° i '8 g J ~ F a n t 5 0 :1 o, 0 8 3 v Jr, b a en ° 0 m 0 . E 5 � '0 o ptp .5 a i.0 a c A 0 W ° O 5 w g°— z p' 3 a y b°0 t o• j o 5 'o«i .a S a a 0 d o O 4034.) C j m v o w $ o U (0 '- N g .� p�p O o0q 0 to ... a Y g a af l - �� 5 to m as 0 ° k ❑ Q{ o < O o. U m 0 O U 0 a U , Ct O o U 'S 5 m U P .C 5 O — N en d' V1 ,•0 r F-- 2 o - - ■ ' ) ) • m ; ] _ _ 6 ■ \ ( @ ] 0 , o (a4 ® �I. � ) _ o tn ) \ �}% @)g0 .r 0 ) / j 40 5L 0 \} . ) f � ( § , 2 § � ° ^ � ) ) gh $ @ \ j0 / ) } ) ± S o 1 DI o cz § {� ) \ ) .§ ® , § # \ of ti 0 { \\ \ \ o \ \ \ ) \ F. ) ` '7 . � \\ 0 ° b ` }} $ a \ 0 7 § _ a. ) / § ( ao \ /) }\ / .. H 00 a — o 0 .5 N �. $ .5 C ti a 0 2O CO aro C.t 0 5 A O• w b y 0 O O 0 W y .5 W •OF b b m y O 0 y C. 2 . . Vl j ''S go O 0xi v gU O N 4'. O W 0 0 $ W O .0 O E 0 >. ▪ N N ' C N O q O• 0 '0 O .s .- 5 n.O 2 1=4 7 4 0 0 y x va O U O N "Cl 0 m vl y. • D N 0 pp*11 O N 0 0 .e0 I• V C N O 'O C 4264 O C O 0 e 0 N 0 4 •O N > N W si N I qNq tig N y y N b , 0 c B w °i y cu •L• > ' N y C, V a w A 0 t a o Fay b 41 In ag O C 0 b v" 0 N1 M r v1 'n OD 0 0 ,+ ❑ gj ,40.. O '0 a O 1-- VD 'n V Oo a Q 0 id > y —N 69 69 69 69 RC = y y b .p U 69 69 0 -CI �— � >i - •C W .5 R t'n0 �.. O C � Q 0 F • m O bct 08h-8 b X38 • ° oq .5 V 0 0 m E O y 0 m m C 52 O a; m 0 Wbx 0 0 OD t,0 `b Q P U O C. 0 CL O • C .a 0 0 V3 00 A W O N 5 .a p 'J y0 N 7 >• ._ 00 - ... 0 0 1, ° O o ti � • O 0 en S o o w o • u ro o 00 OO2 C ? mas oo b0o boo °' .°� P. y ¢ ¢ o 0 ¢ ¢ ¢ 0 N y a3 — o g v b 0 .O>., o A a m U, 0 5b -P 1-4 • CD a > 41 333ez ,. o4. o 0 ¢ .5 0 x ° co a C1-, W W W y h N G. 0.. r, a' 0 a. .. 0 0 0 0 . o .o...4 U U m �06 3 .o ¢ 0 ' 'eb'e6'eS a I- . > a 3 x0- a � •- a � V aa � ¢ 0aca U 'o $ n y «7 O 0 LOP .�7.", r * * Y • * * .0C G cri �. « O 0 V] .a * 'r- 3 .0 CI • BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Professional Services Agreement work order for H.C. Peck and Associates, Inc. (Acquisition Services) DEPARTMENT: PUBLIC WORKS DATE: April 8, 2008 PERSON REQUESTING: Leon Sievers, Public Works Right of Way Agent 1/ Brief description of the problem/issue: The Public Works Department is presenting a work order for Acquisition Services under the present Professional Services Agreement with H.C. Peck and Associates, Inc. This work order is to provide acquisition of up to four parcels of land and five easements from 5 land owners on the WCR 27/66 bridge project, with a not to exceed amount of $16,268.62. This bridge project is a Federal Aid Project which is administered by CDOT. CDOT requires all right of way to be secured by a CDOT approved land acquisition firm. H.C. Peck and Associates, Inc have been approved for such acquisitions. Construction of this bridge project is scheduled to begin this fall/winter. Funding for this work order is part of the Federal Aid Grant What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The options are to approve this work order or not to approve the work order. If the Board chooses not to approve the work order, we may not be available to complete the acquisition for this project under the present time constraints, thus delaying the project. Recommendation to the Board: To meet the current schedule of completing construction next year, Public Works recommends approval of this Work Order. Thank you for your consideration. Approve Schedule Recommendation Work Session Comments William H, Jerke, Chair Robert D. Masden, Pro-Tern -! William F. Garcia David E. Long Douglas Rademacher itV Attachments pc: Leon Sievers, Right-of-Way Agent m:leon/landacquisitoin rfp/bridge acquistion AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this IG r"day of Ered,,,,,k),, , 2007, by and between the County of Weld, State of Colorado, by and on behalf of Weld County Public Works Department, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County Department," and H.C. Peck & Associates, Inc., whose address is 2399 Blake Street, Suite 180, PO Box 480306, Denver, Colorado, 80248-0306 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:" the professional services listed in the Scope of Services attached hereto and referred to herein as "Exhibit B," as ordered by County Department in accordance with the terms set forth in a"Work Order," in substantially the form shown on the attached "Exhibit A," 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 August 15,2007, through and until August 15, 2008. This Agreement may be extended for additional one-year periods, not to exceed two (2) additional one-year periods, upon mutual written agreement of the parties. Changes in compensation for extension terms shall be negotiated by and agreed to by both parties; however, in no event shall such change exceed the Denver- Boulder CPI-U as published by the Colorado State Planning and Budget Office. 2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to perform the Professional Services for the compensation provided below. Contract Professional agrees to provide Professional Services in accordance with the terms of Work Orders issued pursuant to this Agreement by County Department. County Department reserves the right to independently bid any project rather than issuing a Work Order to the Contract Professional for the same,pursuant to this Agreement. COMPENSATION: County Department agrees to pay Contract Professional for all service performed hereunder as follows: the Professional Services shall be provided at the rates set forth in Exhibit B, as may be modified or limited by Work Order. All compensation amounts payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. No individual Work Order shall exceed $50,000 in total compensation. -,",-7_ g,Pi/ 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 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 County Department, its officers and employees, against liability for injury or damage caused by any negligent act or omission by Contract Professional in the performance of this Agreement and shall hold County Department harmless from any loss occasioned as a result of the performance of 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 errors, omissions, or other deficiencies. Contract Professional shall maintain commercial general liability insurance in the amount of$500,000 combined single limits and errors and omissions insurance in the amount of$250,000. 5. NON-ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, any interest therein or claim thereunder, 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. 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. 2 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. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. 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. 15. OWNERSHIP: All work and information obtained by the Contract Professional under this Agreement or individual work order shall become the property of the County. This includes, but is not limited to, reports, data, plans, drawings, records and computer files. 3 • IN WITNESS WHEREOF, the parties hereto have signed this Agreement this /9 a " day of Mee ert1ber , _4.0C?1 COUNTY DEP TMENT: ATTEST: L'''''',4-"./ 4 t- at COUNTY OF WELD, apolitical bdivision Weld County Clerk to the Board ism +� \4 .-e e STATE OF COLORADO: cf4 r\ �' i77 By: JC� By. David E. Long, Chair // Deputy lerk to the Board �`y m1' Board of County Co ssioners of the County of Weld DEC 19 2007 CONTRACT PROFESSIONAL: B . Date /lfre_�/.,7 Na --3-6P,a R. 9 Title: £,,tom c ft yr Ver(fosj$rf' SUBSCRIBED AND SWORN to before me this p?'3 day of \T V.12/ /L , ezo1 WITNESS my hand and official seal. "y{..\ Notary Public `,lll%lllll/s,,�' My commission expires: Mr ```� A S... .'' .� gyp: :,9 _R MO Ni,-'c'. A-Pi MEMORANDUM TO: Clerk to the Board DATE: April 21, 2008 COLORADO FROM: Leon Sievers, Public Works SUBJECT: Consent Agenda Item Work Order Form, Acquisition 10.01, dated April 16, 2008, in the amount of$16,268.62 for the WCR 27/66 bridge project. This Work Order is under a Professional Services Agreement with H. C. Peck and Associates. Two original Work Order Forms are attached. Please return one original to Public Works upon execution. M:\Francie\AgendaChairSignature.doc 7 C-j 2008-1243 Hello