HomeMy WebLinkAbout20071446.tiff RESOLUTION
RE: APPROVE MASTER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - APPLEGATE GROUP, 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,the Board has been presented with a Master Professional Services Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Applegate
Group, Inc., commencing upon full execution,with further terms and conditions being as stated in
said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said Master Agreement,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Master Professional Services Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Public Works, and Applegate Group, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 21st day of May, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
�c' WOUNTY, LOf?ADO
ATTEST: Ea .1 c
Issi - i z_'^.- vid E. Long, Chair
Weld County Clerk to the r
ZI. rke ro-Tem
BY: ItA 4 '1.217O6 UN
D uty cork to the Board 1 i
William F. Garcia
APP AS TO EXCUSED
Robert D. Masden
_.---ii
�IS(�� Douglas R debemacher
Date of signature:
2007-1446
EO0056
(it' /aki Dpi O7-O 7
MEMORANDUM
' TO: BOCC DATE : 5/14/2007
C2,"
FROM: David Bauer, Public Works
COLORADO C
SUBJECT: Contract Gravel Mine Permitting Consultant
Attached for review and signature is the contract for gravel pit permitting services with Applegate Group for
the proposed Sheep Draw pit on the Poudre River.
On April 13,2007,Public Works requested permission to begin the permitting process for the proposed Sheep
Draw gravel pit. The pit will be on 156 acres of County-owned property located just west of 596'Street(WCR
31)in the Poudre River floodplain in Greeley. Public Works anticipates that upon the completion of mining,
the resulting excavation will be converted to water storage. The permitting process is expected to take over
one year and involves submission of applications to the appropriate state agencies, ground water studies,
advertising in local news media,and public meetings to inform affected community members. The proposed •
gravel pit will also need to be approved through the County's Use by Special review process. Public Works
has received a proposal in the amount of$185,700. from the Applegate Group for assistance with State and
USR process permitting. Additional services will be required to address water rights issues and environmental
issues.
Justification: Due to the completion of mining at the Geisert pit,Weld County is in need of gravel resources
for planned and future road repairs and construction in the Greeley area. Because of its location on the Poudre
River, the Sheep Draw site offers the opportunity for gravel resources and conversion to water storage
following mining. Due to the proximity to the City of Greeley,the Poudre trail, Boomerang golf, and other
developed areas and subdivisions,opposition to mining at this site is likely. As an alternative to developing
County-owned gravel sites,construction materials can be purchased at market prices from commercial sources.
Recommendation to the Board:
Due to the long lead times needed for State approvals of mining projects and the ongoing need for a gravel
resource in the vicinity of planned and future road repairs and construction, Public Works Department
recommends approval of this request to commence the application process.
Attachments
pc: Pat Persichino.
M:ADAVE B\SheepDraw Pit-WeldABOCC permitRec-memo.D0C
2007-1446
Applegate
rt Group, Inc.
WATER RESOURCE ADVISORS FOR THE WEST
MASTER PROFESSIONAL SERVICES AGREEMENT
May 10, 2007
This Agreement is made by and between:
Applegate Group, Inc.
1499 W. 1201 Avenue, Suite 200
Denver, CO 80234-2728
(hereinafter referred to as"Consultant"), and
Weld County Public Works
1111 H Street
Greeley, CO 80632-0758
(hereinafter referred to as"Client")
This Agreement directs Consultant to provide professional consulting services on your behalf, in connection with:
Engineering services as described in the attached Work Orders & Proposals.
Details of the nature and scope of services to be provided shall be as set out in the attached Work Orders and Proposals,
which are attached to and made a part of this Agreement.
It is anticipated that the time required to complete the services will be included on each Work Order. However, Consultant
makes no representations or warranties as to completion date. If necessary, a revised schedule will be developed as the
project evolves,to reflect ongoing evolution of various aspects of the project. The anticipated schedule set out herein is based
upon a reasonable estimate of time required to perform the work, and does not include any extraordinary unreasonable or
unforeseen time allowances for Client review and approval of submissions, review and approval of submittals by authorities
having jurisdiction over the work, and other delays beyond the control of Consultant.
In consideration of the professional services to be provided under this Agreement,Client hereby agrees to pay to Consultant on
a time and materials basis with an estimate to be provided and authorized with each Work Order. It is agreed that the fee
amount set out herein is a"not-to-exceed"target estimate,which is not be exceeded without prior written approval of the Client.
In the event that Client requires changes in the scope, amount, character or complexity of the work to be performed, beyond
that which is set out in the Work Orders and Proposals attached to this Agreement, and where said changes result in an
increase in the costs incurred by Consultant or the time required to perform the work, an equitable adjustment in costs,fees
and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a written
Supplemental Agreement or Change Order. Any such Supplemental Agreement or Change Order resulting out of claims by
Consultant for adjustments to this Agreement shall be made in writing, prior to performance of any work or services covered
thereby. Any costs incurred,work performed or services provided without prior documented authorization shall be deemed to
be covered by the compensation and time provisions of this Agreement. In the event that additional work requested by Client is
considered by Consultant to be outside of Consultant's area of expertise, Consultant shall have the right to decline such
additional work, without compromising this Agreement or any of Consultant's rights under this Agreement.
In the course of providing the services covered by this Agreement, Consultant may incur certain out-of-pocket expenses on
behalf of Client,for which Client will be invoiced,along with in-house time charges incurred in connection with the project.Such
out-of-pocket expenses may include application fees,couriers,costs of out-of-house document reproduction,etc. A surcharge
equating to ten percent (10%) of the cost of out-of-pocket expenses so incurred will be included in the amount invoiced to
Professional Services Agreement
Applegate Group, Inc.and Weld County Public Works
May 10,2007
Page 2 of 3
Client, to cover administrative expenses related to processing of outside invoices. Other reimbursable costs that will also be
billed to Client may include travel fares,auto mileage, meals, lodging,etc.,as applicable. No surcharge will be added to these
expenses. There will be an administrative fee of 3% of professional fees to cover the long distance phone calls, in-house
copies, in-house reproduction of maps and postage. In some cases, such as where significant out-of-pocket expenses are
anticipated,Client may be requested to provide Consultant with a funds advance,to cover such anticipated expenses,or Client
may be requested to pay certain expenses directly to vendors or review agencies.
Where Consultant anticipates incurring considerable time charges and/or expenses in connection with the project, prior to
submitting an initial invoice to Client, Consultant may require that Client provide funds as a retainer prior to Consultant
beginning work on the project. Funds so provided will be credited to Client's account and will be applied to payment of the last
invoice,or as otherwise agreed between Consultant and Client. The amount of the retainer to be paid under this Agreement is
$0. Work on the project will commence as soon as this amount is received.
Invoices will be submitted to Client approximately once per month,on a twenty-eight(28)day billing cycle,for work performed
during that cycle. Invoice amounts will reflect actual time costs and related expenses incurred in connection with the project,
and are due and payable by the Client in full upon receipt. If Client wishes to question or dispute an invoice,in whole or in part,
Client must contact Consultant by telephone or in writing within fourteen (14) days of the billing date. If this is not done, the
invoice will be deemed to be correct, as sent, and must be paid in full.
An account is considered to be in default if any invoice remains unpaid 30 days after the date of the invoice. A late payment
charge will be imposed, computed at the daily rate of 0.04% (annual percentage rate of 15%) on the overdue balance, and
accrued and compounded daily.
Work may be suspended on projects for any Client whose account is in default and materials and information relating to the
work will not be released. Notice of suspension of work will be sent by regular mail to the Client's address. If work is so
stopped prior to Client bringing their account current and requesting that Consultant continue with the work, a $200.00
remobilization fee will be assessed. Consultant will not be responsible or liable for any damages or hardship incurred by Client
as a result of a suspension of work due to non-payment of overdue invoices or default.
Any account remaining unpaid for a period of sixty(60)days after the invoice date will be subject to filing of a mechanics lien
and initiation of collection action through a collection agency, attorney, small claims court, or other legal means deemed
appropriate. Reasonable attorney's fees, collection expenses, and/or costs of lien filing and lien proceedings will be added to
accounts in default.Time costs incurred by Consultant's personnel in the pursuit of collection will also be added to accounts in
default, at the standard hourly rates of such personnel then in effect.
Consultant warrants that its services, as covered by this Agreement, will be performed in a professional and workmanlike
manner, and with all the usual thoroughness and competence typically expected of the civil engineering, planning, landscape
architectural,and consulting professions. No other warranty or representation,either expressed or implied,is given or intended
in this Agreement, nor by any other of Consultant's submittals to Client, including but not limited to proposals,letters,reports,
and drawings.
All work products produced in connection with the project covered by this Agreement shall remain the property of Consultant,
and Consultant will retain the originals of such work products. Consultant will provide to Client appropriate reproducible copies
of work products,as necessary,with the expressed understanding and agreement of Client that such documents are intended
only for use and application in connection with the project covered by this Agreement. Data, designs, drawings, reports and
other documentation developed under this Agreement shall not be used for or applied to any other project without the express
written consent of Consultant.
Consultant shall be entitled to rely upon information provided by Client or Client's partners, affiliates or agents, without
performing any independent assessment of the accuracy or validity of such information,unless expressly instructed to do so by
Client, and Consultant shall not be responsible or liable for any errors that result from such reliance or from the information
provided to Consultant by Client. Client shall grant to Consultant,or arrange on behalf of Consultant,access to the project site,
as necessary for the efficient and effective performance of the work required under this Agreement.
In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by
law, to indemnify and hold harmless the Design Professional, his or her officers, directors, shareholders, employees,
agents, affiliates and sub-consultants from and against all damage, liability or cost, including reasonable attorney's fees
and costs, arising out of or in any way connected with this project or the performance by any of the parties above named of
Professional Services Agreement
Applegate Group, ine.and Weld County Public Works
May 10,2007
Page 3 of 3
the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or
willful misconduct of the Design Professional.
In recognition of the relative risks and benefits of the project to both the Client and the Design Professional, the risks have
been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Design
Professional and his or her sub-consultants to the Client and to all construction contractors and subcontractors on the
project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or
causes, so that the total aggregate liability of the Design Professional and his or her sub-consultants to all those named
shall not exceed $25,000, or the Design Professional's total fee for services rendered on this project, whichever is greater.
Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach
of contract or warranty.
Both parties to this Agreement hereby agree to maintain in confidence any information related to this project provided by the
other party, unless release of such information is expressly authorized by the originating party or required by law.
Consultant shall be permitted to adjust its personnel billing rates on an annual basis,to reflect adjustments in compensation of
its personnel. Therefore,Client may note an increase in billing rates during the course of a project. For contracts with a not-to-
exceed or fixed fee amount, there will be no increase in the contract amount without the prior approval of Client.
Signed and agreed to by the parties, on the last date set out below:
For:
Consultant: Ap legate oup, Inc. Client: Weld County Public Works by and through the
Bo of Celunit..,ymissioners
By: By: 0-1
Name: Mike Applegate Name: David E. Long
Title: President Title: Chair
Date: May 10, 2007 Date: MAY 21 2007
AG File# P06-123 ATTEST
WELD COUNTY CLERK TOT; B' r
■11861 r3 1-�!
,
BY: _ - - � '
DEPUTY C: -t( fUTHE
AT(ESING TO BOARD ` COON
COMMISSIONER SIGI•(A(URES ONLY
(570C2-/c9
Attachment A
Work Authorization
TO: Weld County Public Works (Client)
FROM: Applegate Group, Inc. (Consultant)
WORK ORDER NO. 2007-1
PROJECT TITLE: Sheep Draw Property - P06-123
PROJECT LOCATION: Greeley, CO
Pursuant to the terms and conditions of the Master Professional Services Agreement (MPSA)
dated May 1O, 2OO7, this Work Order hereby authorizes Consultant to perform the specified
Services under the particular conditions set forth herein:
1. SCOPE OF WORK: Consultant agrees to provide services and deliverables as listed on the
attached Proposal, dated March 15, 2OO7.
2. COMPENSATION: Compensation will be on a phased fixed fee basis per the attached
proposal.
3. BILLING SCHEDULE: Consultant will bill Client monthly.
4. TIME FOR COMMENCEMENT: This Work Order will begin upon receipt of this signed
Work Authorization and Master Services Agreement.
5. TIME FOR COMPLETION: Consultant will perform services as listed on the proposal.
6. REPORTING REQUIREMENTS: Consultant will provide detail to each invoice, itemizing
work that has been completed for the current period.
7. OTHER PROVISIONS:
Upon execution of this Work Order, Consultant and Client agree to be bound by and comply
with all the terms and conditions contained in the above referenced Master Professional
Services Agreement, except as modified by the specific terms and conditions, if any, contained
within the Work Order and/or attached Proposal.
APPROVED AND ACCEPTED BY:
Applegate Group, Inc. Weld County Public Works by and through the
Board of C y Co mirione s
Signature: a Signature: C
Name: Mike Applegate Name: David E. Long
Title: President Title: Chair
Date: May 1O, 2OO7 Date: k •Y 2120� ` E lea
•
ATTEST:
WELD COUNTY CLER T4 H ' '''
-
BY: `��'
DEPUTY CLERK 101r
ATTESTING TO BOARD OF COUNTY D7-/51gb
06MMISSI0NER SIGNATuaFq nth v
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