HomeMy WebLinkAbout20060893.tiff EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
WELD COUNTY
AND
H. C. Peck & Associates, Inc.
DATED: February 17,2006
Work Order Number: Acquisition 02.01
Purchase Order Number:
Project Title: WCR 74 @ WCR 19
Commencement Date: February 27, 2006
Completion Date: June 30,200
Limitations on compensation: (time and reimbursable direct costs): $26,956.23
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 j
event of a conflict between or ambiguity in the Weld County _e_
terms of the Professional Services Agreement By:
and this work order (including the attached Project Manage
forms) the Professional Services Agreement Date: `'J-d
shall control.
Y
B :
Proles ' al. De a He
By: t� Date: /y/c
ichael L. Anders, Vice President �j
Date: By: /�/�
Director of ante and Administration
Date: 03/27/2 6
By: Z7 �t
/_ /�` Chairma , Weld County Commissioners
J Date: 03/27/2006
)/ cols. TO 6LAAD uE Guurvfr
ea% ‘ * trNER SIGNATURES ONLY
"4410 4711I r` ,`,r, ATTEST:
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� WE COUNTY CLERK TO THE BOARD
BY: �(Lvt : owl
DE TY RK TO THE OARO
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03-a-o4,c- ' - R��Ct 0 Pty acne
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 4day oft a{ u , 2005, 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, 2005,
through and until August 15, 2006. This Agreement may be extended for
additional one-year periods,not to exceed four(4) 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.
-2f O5-(94671
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 ITNESS WHEREOF, the parties hereto have signed this Agreement this / ay of
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COUNTY DEPARTMENT: �� �� I /��`
ATTEST: iate#4 v" ,: lit
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61 f'' �. COUNTY OF WELD, a political
' ' ision Weld County Clerk to the Board
�`�: 1 .e l STATE OF COLORADO:
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By: By: yr '' ,A--/
Deputy Clerk to the Board William H.Jerke, Chair AUG $ 5 2005
Board of County Commissioners of
the County of Weld
CONTRACT P O'ESSIONAL:
By:� La Date S///JS
Name:
Title: x . V .
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SUBSCRIBED AND SWORN to before me this /'day of At e,.,,,(4.e,.,,,(4.--< , Z C5.
WITNESS my hand and official seal.
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Notary Public
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MEMORANDUM
Ce
COLORADO TO: Clerk to the Board DATE: March 16, 2006
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Request for Chair's Signature
Under the present Professional Services Agreement with H.C.Peck&Associates,approval of
Work Order Form, Exhibit A, Acquisition 02.01, WCR 74 at WCR 19 in the amount of
$26,956.23.
The approved Review/Works Session Request is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
Perry Eisenach, Engineering Division Manager
M:\Franc i e W ge nd-Leon.d oc
errs( tt A tie'td _ 2006-0893
03127 /V AL?
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Professional Services Agreement work order for H C Peck& Associates, Inc. (Land Acquisition
Services)
DEPARTMENT: PUBLIC WORKS DATE: February 22, 2006
PERSON REQUESTING: Perry Eisenach, P.E., Engineering Division Manage
>�
Brief description of the problem/issue:
Under the present Professional Services Agreement with H C Peck & Associates, Inc., Public Works
Department is requesting H C Peck & Associates, Inc. to complete Land Acquisitions for nine parcels on our
WCR 74 at WCR 19 project with a not to exceed fee of$26,956.23. Construction of this one and one-half mile
long project is scheduled to begin this fall. These services were planned for and funds are available in the
adopted FY2006 budget.
What options exist for the Board? (Include consequences,impacts, costs, etc. of options)
Option#1: Approve the work order. This approval would allow the project to continue on its current schedule.
Option #2: Public Works staff could complete the land acquisitions. Due to current workloads, however, the
schedule of this project or other projects would need to be delayed because of time constraints. Under our
current project schedules, over 130 land parcels need to be acquired within the next year.
Recommendation to the Board:
Public Works recommends approval of this Work Order and requests signature on the enclosed Exhibit "A"
Work Order form. Thank you for your consideration.
Approve Schedule
Recommendation Work Session Other
Geile
Vaad t/
Jerke
Long J
Masden
Attachments
cc: LeuI\
m:Ieon/appraisal rfp/pass around for value report
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