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Home My WebLink About20061206.tiff AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 41, day of tr.Lf , 2006, by and between the County of Weld, State of Colorado, by and on behalf of Weld County Public Works Department, whose address is P.O. Box 758, 1111 H St., Greeley, Colorado 80631, hereinafter referred to as "County Department," and Diversified Consulting Services, Inc., whose address is 4100 W. 107`" Drive, Westminster, Colorado 80031, hereinafter referred to as "Contract Professional." WITNESSETH: WHEREAS, the County Department is in need of an independent professional to assist in permitting an aggregate mining operation on the Derr Balsam Avenue site, and WHEREAS, the County Department solicited proposals from qualified professionals utilizing Weld County's Qualifications Based Selection (QBS) process, and WHEREAS, the County Department selected the Proposal dated February 26, 2006 by the Contract Professional to be the highest scoring proposal received, utilizing the QBS process, and WHEREAS, Contract Professional has the time available and is willing to perform the Professional Services as provided in the attached Scope of Services and more fully described in their Proposal, 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 date of execution shown above, through and until completion of final design services as defined in the attached Scope of Work and as shown in the attached schedule. The term may be extended by modification of this contract as agreed to by both parties, in writing. 2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to perform the Professional Services for the compensation provided below and as attached in the Scope of Work. 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 the Scope of Work and shall not exceed the maximum compensation of One Hundred Thirty Five Thousand One Hundred Forty Five Dollars and 00/100 ($135,145.00). This fee is compensation for design services only as described in the attached Scope of Work and Fee Summary. All compensation amounts payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Any additional services completed beyond those described in the Scope of Work shall be authorized by the County Department at a fee negotiated between the County Department and Contract Professional using the established hourly rates attached to this Agreement. 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 Permitting for Derr Aggregate Mining Operation Page 1 of 3 E&LVS y 04-42-(o-Otv IC P o as-v/--o& hao6 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$1,000,000. 5. NON-ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, any interest therein or claim hereunder, 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. In the event of termination, the Contract Professional shall supply the County Department with copies all work products completed to date, including but not limited to electronic files, reports, computations, etc. All work products completed on this project shall be owned by the County Department. 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. 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: Notwithstanding normal and expected communications between the County Department and the Contract Professional, 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 Permitting for Derr Aggregate Mining Operation Page 2 of 3 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. IN WITNESS WHEREOF,the parties hereto have signed this Agreement this 3?lo ZC day of, Lo.5J 0 2006. COUNTY DEPARTMEN : ATTEST: MIL, COUNTY OF WELD, a political subdivision Weld County Clerk to the 1161 I � Board of the STATE F COLORADO: • By: 77� • .u y Clerk to the B:a�� \ ce M. J. Geile, Chairman Alit 2 b LUUb Board of County Commissioners of the County of Weld CONTRACT PROFESSIONAL: B<y'. J Date tl/24 /06 Name: Daniel P. Giroux Title: Principal SUBSCRIBED AND SWORN to before me this o0 4 day of rlipAt x_. ,4006 WITNESS my hand and off- _ - -„-I• `YY�� /yYI a thl a J � otary b is S My commission expires: PUBLIC•: -- *Commission Expires 02/151'3010 Permitting for Derr Aggregate Mining Operation Page 3 of 3 0?oesG-✓�D/o !MI Diversified Weld County Den Balsam Avenue Site 06130 RFP 50500062 revised 4/1148 Professional Services Fee Summary dpg Work Activity Assignment(WAA)Task Description Cost WAA 7.01-Project Initiation and Continuing Requirements Initial Project Meeting w Agenda,Preparation and Minutes $ 1,360 Develop PMP/Confirm Goals for Project $ 2,040 Project Schedule Development,Maintenance and Updates $ Penny Listing Development $ _ Project Team Coordination $ 4,080 Progress Meetings w Agenda,Preparation end Minutes $ 8,160 Site visits $ 4,080 Subtotal $ 19,720 WAA 7.02.A-Project Development I Concept Design Preliminary Regulatory Agency Coordination for Souping County PAZ(Traffic,Floodplain,Wave?,Air,Noise,Dust,ErosbnlWO) $ 1,360 DMG-Northern Colorado team,reviewer assignment $ 1.360 Develop preliminary concepts Traffic Study $ 8,400 City or Greeley Consultation $ 1,360 Hazardous Materials $ 4,000 Threatened S Endangered Species Review $ 5,000 A.C.D.E 404 Wetlands Permitting/Consultation $ 2,000 Oil and Gas Agreement Support $ 6,800 Slope StabbiltyfPmperty Owner Agreements $ 7,650 Pit,Plant,Road and Reservoir Layout $ 1,360 Operation and Reclamation Strategy $ 1,360 Subtotal $ 39,290 WAA 7.02.8-Prolect Development I Division of Minerals and Geology-112 Reclamation Operation Create DMG Exhibits Exhibit B Index Map(Vicinity Map) $ 2,040 Exhibit Cl-Pre-Mining Plan Map $ 2,040 Exhibit a-Vegetation Ran Map $ 2,040 Exhibit C3-Sods Plan Map $ 2,040 Exhibit D-Mining Plan Map $ 2,040 Exhibit E-F-Reclamation Plan I Map $ 2,040 Exhibit G-Water Information $ 1,360 Groundwater Modeling(Optional) $ _ Substitute Supply Plan $ 6,500 Exhibit H-Widlife $ 1,360 Review DMG Materials and Submittal $ 3,400 Prepare Preliminary Reservoir Liner Design $ 1,380 DMG Adequacy Review Comments $ 3,400 MLRB Pre-Hearing Conference $ 2,040 MLRB Hearing $ 2,720 Subtotal $ 34380 WAA 7.02.C-Project Development I Weld County Planning and Zoning-Special Review(Mining Operation) Studies and Analyses Floodplain Use Permit(Optional) $ Drainage and Storm Water Management Plan $ 5,525 Prepare Plan Materials Project Nanative $ 2,550 Cover Sheet $ 2,040 Area Land Ownemhip and Land Use Map $ 2,040 Extraction Plan $ 2,040 Landscape Plan $ 2,040 Erosion Control Plan $ 2,040 1,020 C.D.P.S.(Discharge Permit) $ 1,020 Modify Existing DMG Exhibits $ 5,100 Neighborhood meeting $ 2,720 Review County Application Submittal $ 1,360 Planning Commission Hearing $ 2.720 County Commissioners Hearing $ 2,040 Subtotal $ 34,255 Tasks 1-3 Total $ 127,645 Miscellaneous Expenses $ 7,700 Total $ 135,345 Standard Hourly Rate Schedule 4 Prepared For Weld County Public Works Derr Balsam Avenue Site April, 2006 Staff Classification Base Rate Senior Technical Advisor $150.00/hour Principal-in-Charge $140.00/hour Project Manager $125.00/hour Senior Project Engineer $105.00/hour Project Engineer $ 90.00/hour Senior Designer $ 90.00/hour CAD Technician $ 70.00/hour Administrative/Clerical $ 50.00/hour Expense Category Base Rate Sub-Consultants Cost + 20% Reimbursable Expenses Cost + 10% Postage and Reproduction Cost + 10% Mileage $ 0.45/mile Color Plots $ 6.00/sf Black and White Plots $ 3.00/sf Color Prints and Copies $ 1.25/A size sheet Black & White Prints and Copies $ 0.25/A size sheet(Thl."%jAuthorized: Date: April 21. 2006 . Daniel P. Giroux, Principal Diversified Consulting Solutions, Inc. * The Base Rates shown shall be in effect through December 31, 2006. I ©Copyright 2006 DCS Inc. Kat" MEMORANDUM COLORADO TO: Clerk to the Board DATE : April 24, 2006 FROM: Perry Eisenach, P.E. Engineering Division Manag SUBJECT: Item for Consent Agenda Agreement with Diversified Consulting Services, Inc. for the Derr Aggregate Mining Operation in the amount of$135,145.00. Enclosed are two original Agreement for Professional Services. Please return one original as soon as it is executed. Enclosed is the appropriate documentation. Enclosures pc: Frank B. Hempen, Jr., Director of Public Works/County Engineer M:\Franc ie W gendaSignature.DOC 2006-1206 Hello