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HomeMy WebLinkAbout20062835.tiff AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 4'"ay of October, 2006, 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 Farnsworth Group, whose address is 8055 East Tufts Avenue, Suite 850, Denver, Colorado 80237, 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, 2006, through and until August 15, 2007. 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. Eo ( s// &CM,-yr .o-i/-n6 40 .' /-2//o it a,:rS) o �a -O6 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this // -day of (P/Mer , at7UD4> . COUNTY DEPARTMENT: ATTEST: COUNTY OF WELD, a political iAteglaifoois%®• ofbdivision Weld County Clerk to the STATE OF COLORADO:Jr the Board • O •11.61 .1 i7 , By 1LG tt:t I A i w �f By; '/ 1(P- Dep ty Cleli• :oad:O \,"'1 /M. Geile, Chair OCT 1 1 2Ofl 1 r4 Board of County Commissioners of the County of Weld 3 a�CO(c da',35" CONTRACT PROFESSIONAL: By: �� Date /b y- e C Name: Ca-avi.9 C' Title: pi/eve, prc SUBSCRIBED AND SWORN to before me this (11day of OcTc)369(?— Zoa WITNESS my hand and official seal. o .yPAa lc My commission expires: PAN ?AV 4 . i . ,scpe A \OF CO CP— W Commission Expires 0341/11010 • ENGINEERS ARCHITECTS Fa r n swo r t h SURVEYORS SCIENTISTS GROUP August 30, 2006 Mr. Leon Sievers Weld County Public Works Department 1111 H Street Post Office Box 758 Greeley, Colorado 80632-0758 RE: Revised rates for 2006—2007 renewal of On-Call Professional Surveying Services Agreement. Dear Leon, Farnsworth Group is delighted to have this opportunity to be of continued service to Weld County Public Works for another year.We sincerely have enjoyed working with your staff over this past year and are eager to continue those relationships. Please find enclosed a new rate schedule for this next contract year. We have modified last year's rates using the 2006 forecast value of 2.8%for the Denver-Boulder-Greeley CPI. Fractional values were rounded both up and down accordingly to the nearest dollar for professional fees. The 2.8% increase is per the latest revised December, 2005 forecast by the Colorado Office of State Planning and Budgeting. A copy of the Table in the State Report containing this information is enclosed. We understand and agree that all other terms and conditions of the existing contract will remain unchanged. Thank you for allowing us to continue our service to Weld County over this next year. Please do not hesitate to call if you should have any questions or need additional information. Very truly yours, FARNSWORTH GROUP, INC. �GI David C. DiFulvio, PLS Principal 8058 E.TUFTS AVENUE,SUITE 850,DENVER,CO 80237/303/692-8838(FAX)303/692-0470/WWW.f-w.com W.f-w.com ENGINEERS ARCHITECTS Fa r n swo r t h SURVEYORS SCIENTISTS GROUP Weld County, Colorado Land Surveying Services 2006 - 2007 SCHEDULE OF FEES Classification Hourly Rates Principal $132.00 Professional Manager $120.00 (1) Senior Project Professional $112.00 (1) Project Professional $104.00(1) Senior Professional $96.00 (1) Professional $91.00 (1) Intern II $79.00 (2) Intern I $75.00 (2) Senior Project Designer $112.00 Project Designer $97.00 Senior Designer $89.00 Designer $84.00 Computer Specialist $89.00 Planner $79.00 Chief Technician $82.00 Survey Crew Chief $80.00 Senior Technician $70.00 Technician $67.00 Survey Technician $60.00 Survey Instrument Person $48.00 Administrative/Clerical $48.00 Survey Crew- 1 man' $95.00 Survey Crew-2 man* $126.00 Expert Witness Per Special Rate Schedule (1) A"professional"includes a licensed engineer,architect or surveyor. (2) An "intern" is a degreed engineer, architect or surveyor who has not yet met minimum requirements for professional licensing. Reimbursable Expenses Miscellaneous Mileage Current IRS rate GPS Equipment 2 unit GPS 3 unit GPS $42.00/hour $63.00/hour Robotic Total Station $21.00/hour Reproduction Fees In-house original plots, bond (24x36) $1.50 In-house original plots, mylar(24x36) $12.00 In-house vellums (24x36) $6.00 In-house bluelines (24x36) $80 Reimbursable expenses such as outside reproduction, subconsultants, laboratory testing, field testing, telephone tolls, photographs and other miscellaneous expenses will be billed at cost+ 10%. Rates are in effect until July 1,2007. *Survey crew rates include fully-equipped crews with total stations and data collectors, plus all standard materials, equipment, and mileage. 8055 E.TUFTS AVENUE,SUITE 850, DENVER,CO 80237/303/692-8838(FAX)303/692-0470/WWW.f-w.com Weld County, Colorado: Land Surveying Services Farnsworth Group - 2005/2006 Schedule of Fees Comparison rl P Classification - 2005/2006 Hourly Rates 2006-2007 Hourly Rates _Percent Change Principal $128.00 $132.00 '3.13% - _-_-- Professlonal Manager $117.00 $120.00 2.56%_ _ -- Senior Project Professional $109.00 '$112.00 -_---- --_- -_-2.75% V - - -- Project Professional $102.00 $104.00 1.96%S --- enior Professional _._ $94.00 __ . $96.00 2.13% _--- Professional $89.00 $91.00 _--- 2.25% - --- - -- _ -Intern II $77.00 $79.00 2.60 "/0 Intern I - -- _... _--- - -_. $73.00 $75.00 2.74% Senior Project Designer $109.00 $112.00 2.j5"j° --_-- Project Designer $94.00 $97.00 3 --- o ► Senior Designer $89.00 2.30%$87.00 30% Designer $82.00 $84.00 2.44% 4 Computer Specialist $87.00 $89.00 _- - ---- 2.30% Planner _$77.00 $79.00 2.60% -- - - - Chief Technician $80.00 $82.00 2.50% a Survey Crew Chief $78 00 2.56% $80.00 • Senior Technician --- $68.00 $70.00 294% Technician :$65.00 $67.00 3.08%__ Survey Technician $58.00 $60.00 3.45% Survey Instrument Person $46.00 '$48.00 4.35% Administrative/Clerical $47.00 $48.00 2.13% v Survey Crew-1 man' .$92.00 $95.00 :3.26% • .00 Survey Crew-2man* $123.00 $126 2.44% I - - Average percent change 1_ 2.71% C I Z • WS6— vcM1 Miscellaneous Rates Rates Mileage(per mile ) $040 current IRS raten/a GPS Equipment-per hour: 2 unit GPS $41.00 ---$42.00 --- ---- 2.44% _ ---- - 3 unit GPS _ $61.00 $63.00 3.28% -per , $21.00 500% Robotic Total Station hour: $20.00 _-- ---- o -- _-- - Re•roduction Fees Fees _ Fees _ - --- - In-house original plots, bond(24x36) $1.20 -._ $1.50 25.00% -- - - In-house original plots, mylar(24x36) ,$12.00 _- $12.00 T0.00% - - In-house vellums(24x36) $6.00 '$6.00 0.00% $0.80 0 00 In-house bluelines(24x36) $0.80 _ - %- _- - - % Ave. misc. &reimb %change 5.10% ' survey crew rates include fully equipped crews with total stations and data collectors plus all standard materials,equipment and mileage. CONSUMER PRICE INDEX-ALL ITEMS(CPI-U) (1982-84-100) CALENDAR YEAR - Denver-Boulder- Denver-Boulder- Inflation Greeley Greeley Inflation U.S. Rate CMSA* Rate 1964 31.0 1.3 % 28.3 N/A 1965 31.5 1.6 28.8 1.7 1966 32.4 2.9 29.7 3.0 1967 33.4 3.1 30.0 1.1 1968 34.8 4.2 30.8 2.5 1969 36.7 5.5 32.0 4.2 1970 38.8 5.7 34.5 7.6 1971 40.5 4.4 35.9 4.1 1972 41.8 3.2 37.0 3.1 1973 44.4 6.2 39.6 7.0 1974 49.3 11.0 43.9 10.9 1975 53.8 9.1 48.4 10.3 1976 56.9 5.8 51.1 5.6 1977 60.6 6.5 55.4 8.4 1978 65.2 7.6 60.6 9.4 1979 72.6 11.3 70.0 15.5 1980 82.4 13.5 78.4 12.0 1981 90.9 10.3 87.2 11.2 1982 96.5 6.2 95.1 9.1 1983 99.6 3.2 100.5 5.7 1984 103.9 4.3 104.3 3.8 1985 107.6 3.6 107.1 2.7 1986 109.6 1.9 107.9 0.7 1987 113.6 3.6 110.8 2.7 1988 118.3 4.1 113.7 2.6 1989 124.0 4.8 115.8 1.8 1990 130.7 5.4 120.9 4.4 1991 136.2 4.2 125.6 3.9 1992 140.3 3.0 130.3 3.7 1993 144.5 3.0 135.8 4.2 1994 148.2 2.6 141.8 4.4 1995 152.4 2.8 147.9 4.3 1996 156.9 3.0 153.1 3.5 1997 160.5 2.3 158.1 3.3 1998 163.0 1.6 161.9 2.4 1999 166.6 2.2 166.6 2.9 2000 172.2 3.4 173.2 4.0 2001 177.1 2.8 181.3 4.7 2002 179.9 1.6 184.8 1.9 2003 184.0 2.3 186.8 1.1 2004 189.0 2.7 187.0 0.1 FORECAST 2005 195.4 3.4 190.6 1.9 December 2005 •-+y 2006 200.9 2.8 195.9 C28-", p---• 2007 206.3 2.7 201.8 3.0 'Note: A Consumer Price Index(CPI-U)is not calculated for the State of Colorado. The CPI-U for the Denver-Boulder-Greeley CMSA is often used as a proxy for the inflation rate of Colorado. (It is calculated semiannually.) BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Professional Services Agreement renewal for Farnsworth Group (Land Surveying Services) DEPARTMENT: PUBLIC WORKS DATE: September 27, 200 PERSON REQUESTING: Perry Eisenach, P.E., Engineering Division Manag Brief description of the problem/issue: Under the present Professional Services Agreement with the Farnsworth Group, Weld County has the option to extend the existing contract in one-year increments up to a maximum of 4 additional years. It is time to consider the renewal of their Professional Services Agreement for an additional year. The current Agreement ended August 15, 2006. During the past year, the Farnsworth Group completed six surveying work orders, Fiscus Gravel Pit aerial mapping and topo survey for $19,250, Derr Gravel pit plat and topo survey for $19,900, WCR 40'/2 and 5 construction staking for$935, Fiscus Gravel Pit land survey plat for $15,150, WCR 74 @ 19 right of way plan, legal descriptions and exhibit maps for $34,300 and Sheeps Draw gravel pit land survey plat and topographic survey with aerial photos for $46,000. The work was completed in a timely manner without, contract extensions or change orders. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The options are to extend or not to extend the existing contract. If the Board chooses to not renew the contract, staff must begin a new Request of the Proposal process, including proposal reviews, rankings, interviews and award. Recommendation to the Board: Due to the professionalism and high quality of the work provided, Public Works Department recommends extension of the existing contract Approve Schedule Recommendation Work Session Other Geile Vaad c/ Jerke V Long 11 Masden V Attachments ,fig cc: Leon Sievers � if/" m:\:leon\survey\rfp\2006workorderextension.doc /� �A`�!/n'/� a MEMORANDUM C. :O::;Lt:: , k. DATE: 10/3/2006 , P Director of Public Works/County Engineer SUBJECT: Consent Agenda Item Professional Services Agreement renewal with Farnsworth Group(Land Surveying Services) The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent Mona Weidenkeller M:\Francie\Agend-Leon.doc ( Il(jtilf tit-jet/v( _ 2006-2835 IC /l/f2 i1( Hello