HomeMy WebLinkAbout830147.tiff , r n r^��
RESOLUTION
RE: APPROVAL OF CONTRACT WITH NELSON ENGINEERS FOR ENGINEERING
SERVICES FOR THE CONSTRUCTION OF COUNTY ROAD #5 AND AUTHOR-
IZATION FOR THE CHAIRMAN TO SIGN SAME
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 of County Commissioners has been pre-
sented with a contract with Nelson Engineers for engineering
services for the construction of County Road #5 from State High-
way #7 to County Road #6 , and surfacing of approximately h mile
of County Road #6 west from County Road #5, and
WHEREAS, the Board of County Commissioners has studied the
terms of said contract, a copy being attached hereto and incor-
porated herein by reference, and deems it advisable to approve
said contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the aforementioned
contract with Nelson Engineers be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners
that the Chairman of the Board be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 23rd day of
November, A.D. , 1983.
!` BOARD OF COUNTY COMMISSIONERS
ATTEST: %-nekt itt,4f/W�f/n+/ WEL COUNTY, RAD
Weld County erlc- ecorder
:— _
and._ cl\.!rk to the Boar Chuck Carlson, Chairman
By: /a\-,A� EXCUSED DATE OF SIGNING - AYE
I74puty Coun y._Qerk Job T. Martin, Pro-Tem
PR TO FORM:
l �N
CCLO9dae0 Gene R. tne r
G40----
County Attorney Norman Carlson
\ C uts:-
Ja que 'ne Joh on
CR #5 (1) DAY FILE: November 30 , 1983
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4.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made this 23rd day of November ,19 83 ,by and between
County of Weld, State of Colorado.
hereinafter called the Client,and NELSON ENGINEERS
hereinafter called the Consultant, collectively referred to as the Parties.
The services to be performed hereunder are incidental to the following PROJECT:
Engineering Services for the construction of County Road #5 from State
Highway #7 to County Road #6, and surfacing of approximately 1/4 mile
of County Road #6 west from County Road #5, in accordance with Weld
County and State of Colorado requirements.
WITNESSETH: That for and in consideration of the mutual covenants and agreements hereinafter contained, the Parties
hereto have mutually agreed and do agree as follows:
ARTICLE I. SERVICES BY THE CONSULTANT —The Consultant accepts the relationship of trust and confidence
established between him and the Client by this Agreement and covenants to furnish his best skill and judgment in
furthering the interests of the Client. He agrees to assign qualified and competent personnel to the Project, to
perform all work in compliance with applicable codes, regulations ordinances and laws, to keep the Client
thoroughly informed and secure his approvals of materials and equipment, and to maintain accurate records relating
to his services in connection with the Project,all in accordance with sound business and professional standards.
The Consultant agrees to provide, directly or by association with such other Consultants or Contractors as it may deem
necessary to further the interest of the Client, the following basic services:
1.1 Roadway design, construction plans and specifications, construction bidding
documents and administration thereof.
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CC; 4/P /son 6[7.
sewn chntn t
Page 2 of 7
ARTICLE 2. ADDITIONAL OR SPECIAL SERVICES —The following additional or special services, which are outside
the scope of basic services as above described, shall be performed by the Consultant upon authorization from the
Client and paid for as hereinafter provided:
2.1 a. Intermittent and occasional grade checks during construction and
assistance with field construction problems.
b. Check final grades of constructed roadway for compliance with design.
c. Other engineering services not specified herein but required and
furnished in connection with the PROJECT.
d. Construction observation and reporting on a full-time basis.
e. All materials testing, as required, if not accomplished by Weld County
Engineering Staff.
Page 3 of 7
ARTICLE 3. RESPONSIBILITIES OF THE CLIENT
3.1 The Client shall provide and make available to the Consultant, for his use, all maps, property descriptions, surveys,
previous reports, historical data, and other information within its knowledge and possession relative to the services
to be furnished hereunder, and shall provide full programming requirements. Data so furnished to the Consultant
shall remain the property of the Client and will be returned upon completion of its services.
3.2 The Client shall designate a representative who shall be fully acquainted with the Project and who has authority to' •
render decisions relative to the Consultant's services as necessary for the orderly progress of the work. The
representative shall be responsible for receiving and processing all information and documentation relative to the
project in behalf of the Client.
3.3 The Client shall establish and maintain procedures for receiving, reviewing, recording, and acting on all information,
documentation payments, and acceptances of work and services relative to this project in an expeditious and proper
manner.
3.4 The Client shall guarantee access and make provisions for the Consultant to enter upon public and private
properties as required for the Consultant to perform its services hereunder.
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ARTICLE 4. TIME OF PERFORMANCE — The services to be provided under this Agreement shall, unless otherwise
provided, be commenced upon execution of this Agreement and be performed in general accordance with the
following schedule:
Design and construction plans and specifications to be completed by
January 15, 1984 with construction to occur thereafter during the
Spring of 1984, subject to financing arrangements.
Page 4 of 7
ARTICLE 5. REMUNERATION FOR SERVICES — The Client agrees to compensate the Consultant in accordance
with the following schedule, and the Terms and Conditions of this Agreement:
5.1 For Basic Services as described in Article 1, remuneration shall be made on the following basis:
A percentage of total construction cost in accordance with Curve B
as recommended by the American Society of Civil Engineers, a copy
of which is attached as Exhibit A.
Periodic payments of the engineering fee shall be made upon billing
for work as accomplished based upon the Consultants best estimate of
work completed utilizing the most current construction cost estimate
and the appropriate percentage fee.
5.2 For additional or Special Services as described in Article 2, remuneration shall be made on the following basis:
1. Hourly charge rates based on actual hours worked as billed in
accordance with the 1984 hourly rates as shown on the attached
"Schedule of Hourly Rates", a copy of which is attached as
Exhibit B.
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2. Actual local mileage traveled shall be charged at 25c per mile.
3. For Art. 2. 1e - Materials testing will be charged at actual
cost of service as obtained through subcontract to recognized
materials testing consultant.
5.3 In addition to the remuneration above provided, the Client shall reimburse the Consultant for the following
expenses which may be incurred in connection.with related services:
I . Expense of transportation and living when traveling in connection
with the PROJECT shall be charged at actual cost as incurred.
2. Expense of reproduction, postage and handling of Plans and
Specifications.
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Page 5 of 7
5.4 An initial p..yn.i'nt of N/A
DOLLARS I$
shall be made upon execution of this Agreement and credited to the Client's account.
5.5 Unless otherwise provided herein, all payments for Basic, Additional or Special Services and for Reimburseable
Expenses shall be due and payable at the Consultant's office at the address hereinafter designated upon presentation
by the Consultant in accordance with this Agreement. Payments not made within 30 days of the billing date shall
bear interest at the rate of 1-1/2% per month which is an annual interest rate of 18%.
5.6 No deductions shall be made, nor any amounts retained from the Consultant's compensation on account of delays,
penalties, liquidated damages, or other sums withheld from payment to Contractors.
5.7 If Direct Personnel Expense times a Multiplier is to be used as the basis for determining remuneration hereunder,
the following definitions shall apply,unless otherwise provided herein:
(a) Direct Personnel Expense shall include the wages or salaries of the employees of the Consultant who perform
direct services as required hereunder in connection with the Project,based upon regular hourly rates charged
at the actual number of hours for which time is expended.
(b) The Multiplier will include payroll additives to the above hourly rates, general and administrative expense,
and profit of the Consultant.
5.8 If the Construction Cost is to be used as the Basis for determining remuneration hereunder, it shall include the total
value of all construction work, relative to services performed by the Consultant,whether furnished directly by the
Client, its contractors, or others, at fair current market rates including a reasonable allowance for overhead and
profit. The Construction Cost will exclude remuneration for professional consulting fees and cost of land or
right-of-way. For purposes of making periodic payments prior to confirmation of total construction cost, the latest
cost estimate or budget furnished by the Consultant, and approved by the Client, shall be used.
ARTICLE 6. DELAYS — If the Consultant is delayed at any time in the progress of work by any act or neglect of the
Client or its agents,employees or contractors,or by changes in the work, or by labor disputes, unavoidable material
delivery delays, fire, unavoidable casualties, or by any causes beyond the Consultant's control, the time schedule
shall be extended for a reasonable length of time, and the remuneration schedule shall be subject to renegotiation
for increased expenses due to escalation of prices, extended services, relocation or other expenses incidental to such
delays.
ARTICLE 7. OWNERSHIP AND ACCURACY OF DOCUMENTS
7.1 Drawings, specifications, reports, records and other data developed by the Consultant in connection with this
Project as instruments of service are and shall remain the property of the Consultant. The Consultant shall furnish
originals or copies of such documents to the Client in accordance with the services in connection with this Project
to be furnished hereunder. The Client shall not use such documents or designs so furnished on any other Project or
extension to this Project except by Agreement in writing and with appropriate compensation to the Consultant.
7.2 The Consultant shall use reasonable skill and judgment in the preparation of documents provided in connection
with services hereunder, but does not warrant that such documents are without error and/or omissions. If, as a
result of the authorized use and prudent interpretation of such documents which may be inaccurate or incomplete,
work is performed which must be removed, altered or redone to meet the requirements of this Project, the
Consultant shall be responsible for such correction provided that the Consultant is given a reasonable opportunity
to make remedial recommendations and to correct or arrange for the correction of the work itself. The Consultant
will not be liable for the cost of procurement of work or services of added value to the Client which may be
incurred as a result of errors or omissions by the Consultant. The Consultant will be entitled to reasonable
additional compensation in accordance with the basis for "Remuneration For Services" stipulated herein for
services performed in correcting errors and/or omissions where such services result in a value to the Project over and
above.that upon which remuneration was initially based.
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ARTICLE 8. INSURANCE —The Consultant shall purchase and maintain insurance to protect himself from claims under
workmen's compensation acts; claims for damages because of bodily injury including personal injury, sickness or
disease, or death of any of his employees or of any person other than his employees;and from claims for damages
because of injury to or destruction of tangible property including loss of use resulting therefrom;and from claims
arising out of the performance of professional services caused by any error, omissions or negligent acts for which he
is legally liable, all in amounts satisfactory to the Client and as indicated in certificates of insurance furnished by
the Consultant.
ARTICLE 9. TERMINATION
9.1 The Client may terminate this Agreement at any time without cause upon furnishing written notice to the
Consultant. Either party may terminate this Agreement upon seven days' written notice should the project be
unreasonably delayed or should the other party be unable or fail substantially to perform in accordance with its
terms through no fault of the party initiating termination. In the event of such termination, the Consultant shallbe'
paid his remuneration for services performed prior to receipt of said Notice of Termination including reimburseable
expenses then due.
9.2 If the remuneration scheduled hereunder is based upon a fixed fee or definitely ascertainable sum, the portion of
such sum payable shall be that which bears the same proportion to that sum as the percentage of services completed
by the Consultant which are related to that sum bears to 100 percent. Otherwise, remuneration shall be based upon
the applicable unit charges or costs as specified herein or, if not so specified, then upon the Consultant's direct
personnel expenses times a multiple of 3.0 plus Reimburseable Expenses.
9.3 If termination is not due to the fault of the Consultant, the Consultant shall be entitled to remuneration for services
performed hereunder prior to such termination, including Reimburseable Expenses, plus an amount computed as
ten percent of the total remuneration then due.
ARTICLE 10. DISPUTES — As a condition precedent to the right to bring any action in court pertaining to any claim,
dispute or other matter in question between the parties to this Agreement, arising out of, or relating to this
Agreement or the breach thereof, the party having such claim or dispute shall first make a written offer to the other
party to arbitrate the question(s) in accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association then obtaining. If,within ten days after receipt of said offer,the party to whom the offer is
made does not affirmatively agree in writing to such arbitration, then the claiming party shall have no obligation to
arbitrate and may pursue other remedies for relief.
ARTICLE 11. GOVERNING LAW — Unless otherwise agreed in writing, this Agreement and the interpretation thereof
shall be governed by the law in effect at the location of the offices of the Consultant as hereinafter designated.
ARTICLE 12. SUCCESSORS AND ASSIGNS — The Client and the Consultant each binds himself and his partners,
successors, executors, administrators and assigns to the other party of this Agreement and to the partners,
successors, executors, administrators and assigns of such other party with respect to all covenants of this
Agreement. Neither party shall assign or transfer his interest in this Agreement without the written consent of the
other.
ARTICLE 13. EXTENT OF AGREEMENT — This Agreement represents the entire and integrated agreement between
the parties and supersedes all prior negotiations and representations. Nothing herein shall be deemed to create any
contractual relationship between the Consultant and any other Consultant or contractor or Material supplier on the
project, nor to furnish any notices required under other such contracts, nor shall anything herein be deemed to give
anyone not a party to this Agreement any right of action against a party which does not otherwise exist without
regard to this Agreement.
ARTICLE 14. NOTICES — All notices and instructions given by either party to the other shall be in writing, and shall be
deemed to be properly served if delivered to the address of record shown below, or if deposited in the United States
Mail properly stamped with the required postage and addressed to such party at the address shown below. The
address of service of a notice sent by mail shall be deemed to be the day following the date on which said notice is
so deposited. Either party hereto shall have the right to change its address by giving the other party written notice
thereof.
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ARTICLE 15. SPECIAL PROVISIONS
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ACKNOWLEDGEMENT OF COMPLETE AGREEMENT: This Agreement includes this and the preceding pages
consecutively numbered 1 through 7 and the attachments thereto, identified as:
Exhibit A and Exhibit B
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above.
CLIENT: (/^//
By O
Chairman, Board of County Conmissioners
Title
Address 915 10th Street
Tit *996'puty County Cle
ENGINEER: NELSON ENGINEERS
41 (��
Title Oi,> r
Address .--1ZO V, 6I 'S &j P.43
ATTEST: g /
. Title
EXHIBIT A
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CONSULTING ENGINEERING 41
14
III I III WU I I I I
Net construction Median
cost from Curve B
13 $100,000 9.01
200,000 8.11
500.000 7.00
12 1,000.000 6.22
5,000,000 5.32
10,000,000 4.97
11 50,000,000 4.68
100,000,000 4.61
10
C
c
C
a_
c
9
E
O
v 8
7
6
5
4
0.01 0.05 0.1 0.5 1 5 10 50 100
Net construction cost,in millions of dollars
FIG.2.—CURVE 9,MEDIAN COMPENSATION FOR BASIC SERVICES EXPRESSED
AS A PERCENTAGE OF NET CONSTRUCTION COST FOR PROJECTS OF
AVERAGE COMPLEXITY (1980)
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EXHIBIT B
NELSON ENGINEERS
GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 1303)356-6362
1984
SCHEDULE OF HOURLY RATES
CODE FUNCTION ABBR CHARGE RATE/HR.
4101 Consulting CO $65 .00
4102 Project Management PM $51 .00
4103 Design DE $38.00
4104 Calculation CA $29.00
4105 Layout LA $25.00
4106 Drafting DR $21 .00
4107 Secretarial SE $19.00
4108 Survey - Four Man sv4 $68.00
4109 Survey - Three Man SV3 $60.00
4110 Survey - Two Man SV2 $46.00
4111 Construction Supervision CS $35.00
4112 Expert Witness EW $75.00
4113 Construction Observation (Full-time) OB $25.00
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RETURN RECEIPT
PS Fpm 3811,July 1902
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