HomeMy WebLinkAbout20021166.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR WATER LINE SURVEY COSTS ALONG WELD
COUNTY ROADS 13 AND 38 AND AUTHORIZE CHAIR TO SIGN - CENTRAL WELD
COUNTY WATER DISTRICT
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 an Agreement for Water Line Survey
Costs along Weld County Roads 13 and 38 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 the Central Weld County Water District, with terms and conditions being
as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said 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 Agreement for Water Line Survey Costs along Weld County
Roads 13 and 38 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
Central Weld County Water District 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 6th day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, C LO DO
ATTEST: ��L ' Efdf� _ a �"
"`�9 ly Glenn Vaad, Chair
—
Weld County Clerk to the as
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15,17;74A avid E. LoPro-Tem
BY: A J
Deputy Clerk to the Boa (I,al'T, `�
M. J. eile
"PRO AS i ' OR . `CI
William H. Jerke
ounty ttorne EXCUSED DATE OF SIGNING (AYE)
Robert D. Masden
Date of signature: "
,7 \ 2002-1166
et . t" CJ ni ,fn,«�- L 10*"Q EG0046
pitt 'sril
MEMORANDUM
WillC. TO: Clerk to the Board DATE: May 1, 2002
COLORADO FROM. Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Request for Chair's Signature
Please submit the enclosed documents for the Chair's signature.
Agreement between Central Weld Water District to share survey costs to place a water line along
WCR 13 between WCR 26 and WCR 38, and on WCR 38 between I-25 and WCR 13
Enclosed are two originals,please return one executed agreement to Wayne Howard,Public Works.
Enclosures
pc: Wayne Howard, Project Manager
M:\W PFILES\Francie\SIGNATURE-I.wpd
2002-1166
AGREEMENT
This Agreement ("Agreement") is made and entered into as of the 6th day of
May , 2002 between CENTRAL WELD COUNTY WATER DISTRICT,
a Colorado quasi-municipal corporation ("District") and the COUNTY OF WELD,
Colorado, ("County"), the District and the County being jointly referred to as "parties:"
WITNESSETH
WHEREAS, Section 29-1-203, C.R.S. provides that the District and the County may
enter into contracts and agreements with one another to provide intergovernmental
services; and,
WHEREAS, the District owns, maintains and operates a system for the distribution of
potable water within Weld County, Colorado; and,
WHEREAS, the County owns, maintains and operates a system of roads and bridges for
use by the inhabitants of the County; and,
WHEREAS, the District and the County require survey services for the planning and
design of water and road improvements respectively, along Weld Co. Rd. 13 between
Weld Co. Rd. 26 and 38, and along Weld Co. Rd. 38 between Weld Co. Rd. 13 and
Interstate 25; and,
WHEREAS, the parties desire that the District contract for the completion of the survey
services and provide base maps including, therein, those requirements as set forth in
Exhibit "A" herein, and the County to pay for their share as set forth in Exhibit "C"
herein,
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
promises set forth herein, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1.0 SURVEY SERVICES PROPOSAL
1.01 The attached Exhibit "A", REQUEST FOR PROPOSAL, has been used
by the District to obtain proposals from survey firms. This format,
prepared by the County and agreed upon by the District, includes the
required Scope of Services necessary to provide the desired survey
services.
1.02 The District shall take such action, and has taken such action to receive
proposals from survey firms. A copy of the lowest proposal, with bid
amount, is attached hereto as Exhibit "B".
//“,
1.03 The District shall breakdown the survey data obtained from the survey
firm and generate a one (1) foot contour interval topography base map
indicating all structures, utility markers, trees, and other pertinent existing
features as required of the survey firm to obtain by the field survey. Also,
a road profile drawing will be completed showing the existing centerline
profile of the road within the scope of the project. All data provided to the
County shall be in the format as provided for in the Scope of Services,
required of the survey firm.
2.0 FEE SCHEDULE
2.01 The attached Exhibit "C", FEE SCHEDULE, is a breakdown of the bid
amounts for individual survey items. These bid amounts are tabulated to
indicate work required both by the District and County, work required
only by the District, and work required only by the County.
The cost of work required by both the District and the County shall be paid for
equally by the District and the County. Work items that are required by only the
County shall be paid for exclusively by the County. Work items that are required
only by the District shall be paid for exclusively by the District.
2.02 The District agrees to pay for all survey and drafting services and shall
invoice the County for their portion of the costs. A copy of the invoice
from the survey firm shall be attached to any request for payment.
Drafting costs shall be at the agreed upon rate as established by the
District and set forth in the attached Exhibit"C", FEE SCHEDULE.
3.0 INCREASES/DECREASES IN SERVICE
3.01 The District and the County agree that the base services to be obtained by
the survey firm shall be the minimum survey services required per Exhibit
"A", and the breakdown and drafting of this topography data shall be the
minimum drafting services required. Thereafter, the District and the
County may request additional services. Each shall pay for those
additional services as mutually agreed, or as such services are required by
each individually. Any additional services required by the County shall be
requested in writing to Central Weld County Water District.
3.02 Notwithstanding any other provision contained in this Agreement, if the
District is unable or unwilling to provide the additional services to meet
the anticipated demands of the County, the County may either: (1) secure
the additional services from the Survey firm providing the base services to
the District; or (2) secure the additional services from any other source or
provider and this Agreement shall continue in affect.
4.0 MISCELLANEOUS PROVISIONS
4.01 To the extent legally possible, each party shall indemnify and hold the
other party harmless from and against any and all liability, loss, damages,
costs and expenses, including reasonable attorney's fees, arising from the
indemnifying party's negligence. By such agreement to indemnify and
hold each other harmless, neither party waives any defenses and
immunities to third parties which it would otherwise be entitled under the
Colorado Governmental Immunity Act.
IN WITNESS WHEREOF, the District and the County have hereunto executed this
Agreement the day and year first above written.
CENTRAL WELD COUNTY WATER DISTRICT
BY:
resident
d�,est
Secretary
WELD COUNTY
his Y: .asL4 . .f�he Co,f \t f, % Chairman ommssoners
Glenn Vaad (05/06/2002)
Attest $ a 'fiziosBy:
Deputy Jerk to ew
- l
C ty Attor Ey
EXHIBIT "A"
REGUEST FOR PROPOSAL
The following request for proposal by Central Weld County Water District and Weld
County (Owner) is for surveying services for the purpose of right-of-way determination
and water line and roadway design along the following route:
1. Weld County Road 38 between I-25 E. frontage road and Weld County
Road 13.
2. Weld County Road 13 between Weld County Road 38 and Weld County
Road 26.
Survey data will be obtained by G.P.S. methods or electronic data collecting systems.
Coordinates will be on an assumed datum. Vertical control will be tied to U.S.G.S.
datum. Horizontal and Vertical control points will be set at each end and every 1000 feet
through-out the project. Control points must be set at the edge of the survey corridor or
at locations that are unlikely to be disturbed. Sufficient section line and section corner
information shall be gathered to successfully write a metes and bounds legal description
around any individual quarter section that the project touches.
Data shall be provided on hard copy as well as by electronic file. Section corners and
quarter corners are to be located and included as a separate layer in the electronic file.
Show section lines and section corners including size and character. If corners are
missing, they will be noted and, after review and approval by Owner, reset. Rights-of-
way are to be researched and located.
Topographic data is to be gathered by cross-sectioning at 100' intervals plus special
cross-sections to locate grade breaks, driveways, or other geographic features. All
roadway intersections will be detailed 300' in each direction. Planimetric features such
as fences, roads, culverts, utility structures, etc. will be located, identified, and
dimensioned.
FEE PROPOSAL
1. Vertical Control/mile: 8 miles x $ _$
2. Horizontal Control/mile: 8 miles x $ _$
3. Reset Section Corner: 24 each x $ =$
4. Topographic Survey: 8 miles x $ _$
5. Right-of-way: 40 each x $ _$
Each of the above shall be provided on a separate digital file layer. The Vertical Control
and Topographic Survey shall be provided in AutoCAD Release 14 or 2000 format. In
addition, each shall be provided in a format to use with Eagle Point software.
EXHIBIT "A"
Surveyor shall be paid based on the number of work item units completed as requested.
The number of units of each work item may increase or decrease at the option of the
Owner.
Data provided by Surveyor shall be sufficient to allow a topographic map at a scale of
1"=50' with one-foot contour intervals to be generated in-house by Owner. Any missing
data shall be provided at no additional cost by the Surveyor.
COMPLETION SCHEDULE
1. Vertical Control: 30 days from Notice To Proceed
2. Horizontal Control: 60 days from Notice To Proceed
3. Reset Section Corners: 120 days from Notice To Proceed
4. Topographic Survey: 120 days from Notice To Proceed **
5. Right-of-way: 160 days from Notice To Proceed
Time is of the essence. Liquidated damages of$100.00 per day will be assessed for
information not provided on or before the time period allowed for each of the above work
items.
** Surveyor to provide each mile completed to Owner as it is completed.
EXHIBIT "B"
NOLTE
BEYOND ENGINEERING
March 6, 2002
J. L. Walter
Central Weld County Water District
2235 2"d Street
Greeley, CO 80631
RE: Letter Contract and Proposal for Professional Surveying Services
Weld County Road 38 and Weld County Road 13
Right-of-way determination, Water Line and Roadway Design
Weld County, Colorado
Dear J. L:
Nolte Associates, Inc. is pleased to submit this proposal for professional surveying services on
County Road 38 and County Road 13, Weld County, Colorado.
The attached scope of services for control and topography corresponds to the request for proposal as
submitted by Weld County and Central Weld County Water District.
If you have any questions or comments, please call me at 970-419-1305.
Sincerely,
Nolte Associates, Inc.
(Rica w/J
Rodney A. Walters, PLS
Survey Manager
NOLTE ASSOCIATES, INC.
1901 SHARP POINT DRIVE. SUITE A
FORT COLLINS. CO 80525
970.221 2400 TEL 970.221.2415 FAX
WWW NOLTE.COM
NO= Letter Contract and Proposal for
Professional Surveying Services
BEYOND ENGINEERING
County Road 13 and 38
Nolte Associates, Inc. will provide a base map of located planimetric features, section lines, base
lines and right-of-way lines. Cross section information as recorded will be provided on electronic
files only.
Scope of Services
Location of Work
1. Weld County Road 38 between Interstate 25 East Frontage Road and Weld County Road
13.
2. Weld County Road 13 between Weld County Road 38 and Weld County Road 26.
Survey Corridor
The length of this survey will be 8 miles. The maximum width of the cross sections will be 100'
except at roadway intersections of the project on County Road 38. The maximum width of the
cross sections will be 300' on County Road 13.
Monumentation and Methodology
Survey data will be obtained by GPS methods or electronic data collecting systems. Coordinates
will be on Colorado State Plan Coordinates NAD 83/92. Vertical control will be NAVD 1988
(3r°order accuracy)datum. Horizontal and vertical control points will be set at each end and at
1,000' intervals throughout the project. Control points will be set at the edge of the survey
corridor or at locations that are unlikely to be disturbed as determined by Nolte staff. Section line
and section corner information will be gathered in sufficient detail as determined by Nolte staff
to prepare a metes and bounds legal description around individual quarter sections.
Topography
Data will be gathered by terrain modeling as determined by Nolte staff to locate grade breaks,
driveways or other topographic features. Roadway intersections will be recorded 300' in each
direction. Planimetric features such as fences, roads, culverts, and utility structures will be
located, identified and dimensioned 50' either side of the section line on County Road 38 and
150' either side of the section line on County Road 13.
Data and Files
Data collected will be provided as hard copy as well as electronic files in AutoCAD LDD 2O00
format. Section corners and quarter corners will be located and included as a separate layer in the
electronic file. Right-of-ways will be located on the drawings.
Right-of Entry
Nolte Associates, Inc. will contact property owners along County Road 13 on a one-time basis. A
permission slip (see attachment) will be presented to the property owner for signature. If the
property owner will not sign the permission slip, the County will be notified and a decision will
NOLTE ASSOCIATES,INC. I G:PcRenyropow!k2OO2p oposatk&R..Yymovrs?_ozar
NO= Letter Contract and Proposal for
Professional Surveying Services
BEYOND ENGINEERING
County Road 13 and 38
be made by the County as to what the next step will be and what fees may apply if extra services
are required.
Fee Proposal Items
1. Run 3r°order vertical control for 8 miles at $650 per mile -
Lump Sum Fee- $5,200.00
2. Run horizontal control for an estimated 24 miles of control lines at $500 per mile -
Lump Sum Fee- $12,000.00
3. Reset section/quarter corners. Estimate 8 corners at $400 each -
Estimated Lump Sum Fee- $3,200.00
4. Topographic survey map of approximately 8 miles of route at $2,950 per mile -
Lump Sum Fee- $23,600.00
5. Locate right-of-way for existing roads and/or route from legal description. Estimate 16 at
$540 each-
Estimated Lump Sum Fee- $8,640.00
Note: Any additional work, such as re-setting section or quarter corners not included in original
scope, or work due to plan or scope change shall be approved in writing and a purchase order
issued prior to the commencement of such tasks by Nolte Associates, Inc. Purchase order will be
in Nolte format.
Meetings and Reimbursables
All meetings and coordination with the Client, except as noted above, project team and
governmental agencies will be performed on a time and expenses basis at the applicable hourly
rate. Additionally, any travel, re-stake work, additional survey work, reproduction, deliveries,
coordination, etc. will also be charged on a time and expenses basis according to the attached
Charge Rates Schedule.
General Terms and Conditions Preamble
It is understood and agreed between the parties that the total fee is for the services set forth
herein. The fee reflects the cost of work to complete each task once, except as noted herein for
revisions and corrections as directed by agencies having jurisdiction over the project for final
submittals and approvals. If additional services are requested by Central Weld County Water
District (Client), it is in the best interest of both parties if the scope of additional services and an
agreed price can be determined before the services commence.
NOLTE ASSOCIATES,INC. 2 c:wthhe.proposGn2(C proposals-Sammy z«rtrsr_a
NO= Letter Contract and Proposal for
Professional Surveying Services
■ FYOND ENGINEERING County Road 13 and 38
If time or other circumstances permit, this agreement will be amended or supplemented by
formal change hereto or letter agreement. The parties recognize that it is not always possible to
provide written changes, inasmuch as Client's personnel may need to request immediate change
or additional services and any administrative delays could be both burdensome and costly. In
which case, requests for"Extra Work"will be handled per paragraph 3.3, "Extra Work,"of the
General Terms and Conditions(attached)and modified to include: "Direct expenses will be
invoiced at cost plus 15%. Additional field crew labor charges will be marked up 10%to cover
associated management, coordination, and administrative costs."
The foregoing proposal is valid for two months from the date of this letter. We reserve the right
to review costs at the end of two months and negotiate possible fee changes.
The attached General Terms and Conditions, and Charge Rate Schedule are made part of this
agreement by reference. If you accept this proposal, please sign this agreement and return both
originals to us. A fully executed original will be returned to you after we have signed both sets.
We look forward to serving you on this project. Please call if you have any questions.
Sincerely,
NOLTE ASSOCIATES,INC.
Rodney A. Walters, PLS enneth A. Rudolph
Survey Manager Sr. Vice President
Approved and Accepted this ?e2 day of i9,,,en_ , 2002, by
<ia,;a01 42
ignature (Print Name)
GC«r.Z.(14 �l,,9wvdd,C4for dse.✓ry 41€'7 O..S.—
(Title) (Client Name)
NOLTE ASSOCIATES, INC. 3 G:Wisherlproposal12002 proposals Survey 2002FCS, 02 at
1
SURVEYING PERMISSION FORM
FOR NOLTE ASSOCIATES, INC.
This form addresses permission to enter private property to perform an information
gathering survey along County Road 13 approximately 150' either side of the centerline
of the road. This form applies to permission to trespass on land at (address)
to perform this survey.
The reasons for the survey are two-fold. Weld County will be widening the road in the
future and Central Weld County Water District (CWCWD) intends to install a new water
line down the existing edge of road. This survey work is for preliminary engineering and
feasibility purposes only.
Your signature on this form constitutes permission to enter the property and survey the
above-described corridor.
Signed by Owner Date Signed by Nolte Representative Date
Print Name of Signature Print Name of Signature
Legal Description of property if known:
Comments:
This permission slip is valid for days from the date of owner's signature.
GENERAL TERMS AND CONDITIONS
ARTICLF I CONSIII TANT SFRVICFS CONSIII TANT AGRFFS TO
1.1 PROFESSIONALISM: Act for CLIENT in a professional manner,using that degree of care and skill ordinarily exercised by and consistent with
the standards of competent consultants practicing in the same or similar locality of the project site.
1.2 TECHNICAL EXPERTISE: The services listed in the Scope of Work are those services that,in the opinion of CONSULTANT,lie within the
technical or professional area of expertise of CONSULTANT and which CONSULTANT is adequately staffed and equipped to perform.All other
services necessary to complete the project will be contracted for directly by CLIENT or by CONSULTANT on behalf of CLIENT and not as a
subcontractor to the CONSULTANT.The services to be performed by CONSULTANT with respect to other skills or disciplines will only be to
provide that level of obligation that CONSULTANT has agreed,in the Scope of Work,to perform.
1.3 RECORD KEEPING: Retain all pertinent records(except as detailed in Article 8)relating to the services performed for a period of two years
following substantial completion of the project or the termination of this agreuuad,whichever first occurs.The records shall remain the property of
CONSULTANT.
ARTICI F 2 CI IFNT RFSPONSIRII,ITIFS
2.1 FURNISHED DATA: Any data provided to CONSULTANT by CLIENT or others and utilized by CONSULTANT may be relied upon by the
CONSULTANT as being accurate since the CONSULTANT does not have control over its accuracy or production.If the CLIENT elects to have the
foregoing data checked to determine its accuracy,CONSULTANT will do so,which work is Extra Work as herein provided.CONSULTANT shall
inform CLIENT of CONSULTANTS findings and conclusions with respect to the data.
Upon written request,client shall execute and deliver,or cause to be executed and delivered,such additional instruments,documents.governnrntal
fees and charges that are necessary to perform the terms of this agreement.
2.2 CLIENT REVIEW: CLIENT shall review and either approve or reject any sketch plan,preliminary plan,final plan or other document,thts,
indicating its approval and acceptance or rejection of the documents as a basis for further work.This approval or rejection shall be provided
expeditiously and shall be a condition precedent to any obligation of the CONSULTANT to proceed with further work.
ARTICI.F I GFNFRAI CONDITIONS
3.1 BASIS OF AGREEMENT/FEE: This contract is based on current requirements of the governing agencies having jurisdiction.If these
requirements change prior to any necessary approval of the CONSULTANTS work,the CONSULTANT may be entitled to additional compensation
as Extra Work,as provided in this contract.
3.2 ORIGINAL DOCUMENTS: All sketches,tracings,drawings,computations,details,reports and other original documents and plans are and
•.•� shall remain the property of the CONSULTANT.CONSULTANT will furnish to CLIENT duplicates of all documents required to be filed with a
governmental agency and will furnish appropriate reproducibles of all plans for the cost of reproduction.
3.3 EXTRA WORK: It is understood and agreed between the parties that the price is for the services set forth in the"Scope of Work".If extra work
is requested by CLIENT,it is in the best interest of both parties if the scope of the extra work and an agreed price can be determined before the work is
commenced.If time or other circumstances permit,this agreement will be amended or supplemented by formal change hereto or letter agreemrt.The
parties recognize that it is not always possible to provide written changes,inasmuch as CLIENTS personnel may need to request immediate chmges or
additional work and any administrative delays could be both burdensome and costly.It is therefore agreed that if extra work is requested by ermloyees
of the CLIENT,CONSULTANT shall promptly notify CLIENT of the extra work ordered and CONSULTANTs charge therefore which shall be at
CONSULTANTs time and materials rates.Unless CLIENT immediately objects,CLIENT shall be deemed to have ratified the request and chages
and waives any objections thereto.If CLIENT does object to the item as extra work or the amount thereof,all work on the project shall be suspended
until the dispute is resolved.
3.4 BACK CHARGES: The CLIENT shall notify the CONSULTANT immediately of any alleged errors and subsequent back charges.The
CONSULTANT,with the cooperation of the CLIENT,will immediately investigate such allegations to rightfully determine the degree of
responsibility that should be borne by the CONSULTANT.
Said investigation shall include an onsite meeting with the appropriate representatives of the CLIENT,CONSULTANT and contractor as soon as
possible and prior to any corrective action by the CLIENT and/or contractor.In the case of an emergency or potential project shutdown,the
CONSULTANT shall be notified immediately by telephone and corrective action commenced by the CLIENT.
In the event that any staking provided by CONSULTANT is destroyed,damaged or disturbed by an act of God or parties other than CONSULTANT-
the cost of restaking shall be paid for by CLIENT as extra work.
If surveying errors are alleged,the stakes must be preserved,whenever possible,in an undisturbed condition.If the stakes are not protected in aid
condition and a review of the surveying notes by CLIENT and CONSULTANT indicates correct staking procedure,then the stakes will be pres_rne:
to be correct.
NOLTE ASSOCIATES, INC.
G\Fisher\proposal fonnrGencral Terms Bien T erna't and ax
P-,.gel :C.5
Any alleged errors shall not be grounds for withholding payment of an invoice nor shall payment of an invoice be withheld pending an investigation
on an alleged error.CLIENT may(a)pay the invoice in full and claim for a refund;or(b)pay the CONSULTANT the amount not disputed and place
in an escrow account the amount for which CLIENT has reasonable cause to believe that an error has occurred.The prevailing party shall be entitled
to interest on the amount recovered.
3.5 TERMINATION OF AGREEMENT: CLIENT and CONSULTANT reserve the right to terminate this Agreement upon thirty(30)days'written
notice.In such event,CONSULTANT shall receive full compensation for items of service completed in accordance with the fee set forth herein;and
in the case of partially completed stages of work,CONSULTANT shall receive an appropriately prorated percentage of the fee or compensation for the
time and materials expended,including mobilization and demobilization costs.Upon termination and payment by CLIENT,CONSULTANT agrees to
immediately convey to CLIENT copies of all items completed or partially completed.
CONSULTANT shall be entitled to immediately,and without notice,suspend the performance of any and all of its obligations pursuant to this
agreement if CLIENT files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy
petition filed against CLIENT in the United States Bankruptcy Court,and that petition is not dismissed within fifteen(15)days of its filing.Any
suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly
assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with the final order or judgment
issued by the Bankruptcy Court.
In the event this agreement is terminated before the completion of all services,unless CONSULTANT is responsible for such early termination,
CLIENT agrees to release CONSULTANT from all liability for work performed.
3.6 SUCCESSORS AND ASSIGNS: CONSULTANT and CLIENT each binds itself,its partners,successor,executors,administrators and assigns
to such other party in respect of all covenants of this Agreement.Neither party shall assign,sublet or transfer its interest in this Agreeinem without the
written consent of the other party.
3.7 UNAUTHORIZED CHANGES: In the event the CLIENT agrees to,permits or authorizes changes in the plans,specifications,reports and
documents prepared by CONSULTANT pursuant to this agreement,which changes are not consented to in writing by CONSULTANT,CLIENT
acknowledges that the changes and their effects are not the responsibility of CONSULTANT and CLIENT agrees to release CONSULTANT from all
liability arising from the use of such changes and further agrees to defend,indemnify and hold harmless CONSULTANT,its officers,directors,
principals,agents and employees from and against all claims,demands,damages or costs arising from the changes and their effects.
3.8 CHANGE OF CONDITIONS: CLIENT acknowledges that the design work performed pursuant to this agreement is based upon field and other
conditions existing at the time of preparation of CONSULTANT's work.CLIENT further acknowledges that field and other conditions may change by
the time project construction occurs and clarification,adjustments,modifications,discrepancies or other changes may be necessary to reflect changed
field or other conditions.If the scope of services pursuant to this agreement does not include construction staking services,on-site construction review,
construction management,observation of construction of engineering structures,or other construction observation for this project,or if subsequent to
this agreement CLIENT retains other persons or entities to provide such services,CLIENT acknowledges that such services will be performed by
others and CLIENT will defend,indemnify and hold CONSULTANT harmless from any and all claims arising from or resulting from the performance
of such services by other persons or entities except claims caused by the sole negligence or willful misconduct of CONSULTANT;and from any and
all claims arising from or resulting from clarifications,adjustments,modifications,discrepancies or other changes necessary to reflect changed field or
other conditions,except claims caused by the sole negligence or willful misconduct of CONSULTANT.
In the event CLIENT discovers or becomes aware of changed field or other conditions which necessitate clarification,adjustments,modifications or
other changes during the construction phase of the project,CLIENT agrees to notify CONSULTANT and engage CONSULTANT to prepare the
necessary clarifications,adjustments,modifications or other changes to CONSULTANT's work before construction activities commence or further
activity proceeds.Further,CLIENT agrees to have a provision in its construction contracts for the project which requires the contractor to notify client
of any changed field or other conditions so that CLIENT may in turn notify CONSULTANT pursuant to the provisions of this paragraph.
3.9 MEANS,METHODS,SEQUENCES AND TECHNIQUES: CLIENT agrees that in accordance with generally accepted construction practices,
construction contractor will be required to assume sole and complete responsibility for the means,methods,sequences and techniques of construction
and for job site conditions during the course of construction of the project,including safety of all persons and property and that this requirement shall
be made to apply continuously and not be limited to normal working hours.
3.10 DELAYS: CONSULTANT is not responsible for delay caused by activities or factors beyond CONSULTANTS reasonable control,including.
but not limited to,delays by reason of strikes,lockouts,work slowdowns or stoppages,accidents,acts of God,failure of CLIENT to furnish timely
information or approve or disapprove CONSULTANT's work promptly,faulty performance by CLIENT or other contractors or governmental agencies.
When such delays beyond CONSULTANTS reasonable control occur,CLIENT agrees CONSULTANT is not responsible for damages nor shall
CONSULTANT be deemed to be in default of this agreement.
3.11 USE OF WORK PRODUCT: CLIENT agrees not to use or permit any other person to use plans,drawings,or other instruments of professional
service prepared by CONSULTANT,which plans,drawings,or other documents are not final and which are not signed,and stamped or sealed by
CONSULTANT.CLIENT agrees to be liable and responsible for any such use of non-final plans,drawings,or other work product not signed aid
stamped or sealed by CONSULTANT and waives liability against CONSULTANT for their use.CLIENT further agrees that final plans,drawings or
other work product are for the exclusive use of CLIENT and may be used by CLIENT only for the project described on the face hereof.Such fn.al
plans,drawings or other work product may not be changed nor used on a different project without the written authorization or approval by
CONSULTANT.
NOLTE ASSOCIATES, INC.
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3.12 SOIL CONDITIONS: CONSULTANT makes no representations concerning soil conditions unless specifically included in writing in this
agreement,and he is not responsible for any liability that may arise out of the making or failure to make soil surveys,or sub-surface soil tests,or
general soil testing.
3.13 QUANTITY AND COST ESTIMATES: CONSULTANT makes no representation concerning the estimated quantities and cost figures made in
connection with maps,plans,specifications,or drawings other than that all such figures are estimates only and CONSULTANT shall not be
responsible for fluctuations in cost factors.
AJtTICLF 4 INSIIRANCF
4.1 CONSULTANT shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims
under applicable Workmen's Compensation Acts and for errors or omissions which may cause a claim for bodily injury,death or pi upei tv damage as
may arise from the performance of services under this Agreement.CONSULTANT will,upon request,file certification of such insurance with
CLIENT or his authorized representative.
CLIENT agrees to maintain general liability insurance for the benefit of CONSULTANT or its employees to insure against damage to CONSULTANT
or its employees or the project in the event of negligent acts of CLIENT or his authorized representative.
CLIENT further agrees not to engage other contractors,subcontractors or consultants unless such has liability insurance and errors and omissions
insurance in an amount not less than the value of the project.
CLIENT agrees to purchase and maintain,during the course of construction,builder's risk"all risk"insurance that will name CONSULTANT and any
subconsultants as additional insureds as their interests may appear.
ARTICLF S. LIMITATION OF PROFESSIONAL I IARII ITV
5.1 No warranty,expressed or implied,is made or intended by rendition or consulting services or by furnishing oral or written reports of the findings
made or the conclusions offered.CONSULTANT makes no warranty,either expressed or implied,as to his findings,recommendations,plans.
specifications,or professional advice except that the work was performed pursuant to generally accepted standards or practice in effect at the tune of
performance.
5.2 LIABILITY AND INDEMNIFICATION: CONSULTANTS liabilities are limited to negligent errors and omissions proximately caused in
performing the work described herein.Any claims against the CONSULTANT related to engineering design services shall be limited to the actual
damages to the extent caused by such errors and omissions and shall not exceed the amount of$50,000 per claim.Any claims against the
CONSULTANT providing construction,boundary,topographic,and related land survey services shall be limited to the actual damages proximately
caused by such errors and omission,and shall not exceed the amount of$5,000.In the case of CONSULTANT providing survey foundation staking
and/or foundation plot plan design,the CONSULTANTS liabilities shall be limited to actual damages proximately caused by such errors and
omissions,and shall not exceed the amount of$5,000.The CLIENT will not claim any punitive damages.
CONSULTANT shall not be liable for damages resulting from the actions or inactions of governmental agencies including,but not limited to.?el nut
processing,environmental impact reports,dedications,general plans and amendments thereto,zoning matters,annexations or consolidations,rse or
conditional use permits,project or plan approvals,and building permits.
5.3 CONSEQUENTIAL DAMAGES: Neither party shall be liable to the other for special,indirect or consequential damages resulting from a
arising out of this Contract,including,without limitation,loss of profit or business interruptions,however,same may be caused.
5.4 ASBESTOS/HAZARDOUS WASTE: CONSULTANT hereby states and CLIENT hereby acknowledges that CONSULTANT has no
professional liability insurance for claims arising out of the performance of or failure to perform professional services,including,but not limited to,
the preparation of reports,designs,drawings and specifications,related to the investigation,detection,abatement,replacement,use cc specificaton.or
removal of products,materials or processes containing asbestos,asbestos cement pipe,and/or hazardous waste materials.Accordingly,the CLIENT
hereby agrees to bring no claim for negligence,breach of contract,indemnity or otherwise against the CONSULTANT,its principals.employees,and
agents if such claim,in any way,would involve the CONSULTANT's services for the investigation,detection,abatement,replacement,use or
specification,or removal of products,materials or processes containing asbestos,asbestos cement pipe,and/or hazardous waste materials-CLENT
further agrees to defend,indemnify and hold harmless CONSULTANT,its officers,directors,principals,employees and agents from any asbe�os
and/or hazardous waste material related claims that may be brought by third parties as a result of the services provided by the CONSULTANT
pursuant to this agreement except claims caused by the sole negligence or willful misconduct of the CONSULTANT.
5.5 HAZARDOUS CONDITION TERMINATION: CLIENT acknowledges that CONSULTANT's scope of services for this projec:do not irdude
any work related in any way to asbestos and/or other hazardous waste.Should CONSULTANT or any other party encounter such me:eria-:s or ire jcb
site,or should it in any other way become known that such materials are present or may be present on the job site or any adjacent or readzy arcs
which may affect CONSULTANT's work,CONSULTANT may,at its option,terminate work on the project until such time as CLIENT retains
specialist contractor to abate and/or remove the asbestos and/or hazardous waste materials and warrant that the job site is free from a-ty ha.zad
may result from the existence of such materials.CONSULTANT will notify CLIENT if CONSULTANT discovers any asbestos.etc.
NOLTE ASSOCIATES, INC.
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AItTICI F 6 CHARGES OUTSIDE AGREEMENT
6.1 CLIENT shall pay the cost of all fees,permits,bond premiums and title company charges as these are not covered by the terms of this
Agreement.In addition,all project related photocopying,blueprints,mylars,long distance phone calls and other reproduction items,plus travel and
computer charges,will be invoiced to the CLIENT on a time and materials basis unless otherwise specified elsewhere in this contract.All meetings
shall be invoiced on a time and materials basis except as required to obtain design criteria,review plan check sets,and obtain approval from
governmental jurisdictions,unless specifically included in the scope of services of this contract.All project deliveries or pick-ups by the
CONSULTANTS messenger shall be charged to the CLIENT at the CONSULTANTS then published hourly rate.
CLIENT shall pay the costs of checking and inspection fees,zoning and annexation application fees,assessment fees,soils engineering fees,soils
testing fees,aerial topography fees,and all other fees,permits,bond premiums,title company charges,blueprints and reproductions,and all other
charges not specifically covered by the terms of this agreement.
CLIENT acknowledges and agrees that if CONSULTANT provides surveying services,which services require the filing of a Land Survey Plat in
accordance with State of Colorado House Bill 1025,that all of the costs of preparation,examination and filing for the Land Survey Plat will be paid by
CLIENT as extra work.
CLIENT acknowledges if the project work is suspended and restarts,there will be additional charges due to suspension of the work that shall be paid
for by CLIENT as extra work.
6.2 OVERTIME PREMIUM: If due to CLIENTS schedule or convenience the CONSULTANTS staff is required to work overtime then the
CLIENT shall reimburse the CONSULTANT for any overtime premium paid his employees.
6.3 TAXES; CLIENT shall pay any implemented state or local sales tax to CONSULTANT as additional compensation and in accordance to
legislative procedures.
6.4 The following services are not included in the scope of the work to be done by CONSULTANT and shall be provided if authorized by CLIENT
and shall be paid for by CLIENT in addition to the compensation agreed upon for services provided for in the scope of the work provisions:
•
(a) Services made necessary by the failure of performance or default by a contractor or by defects or deficiencies in the work of any contractor.
(b) Preparing to serve and/or serving as a witness in connection with any public hearing,arbitration proceeding or legal proceeding,including any
attorney fees caused by or associated therewith.
(c) Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted
practice.
ARTICLE 7 PAYMENT
7.1 INVOICING: CLIENT agrees to pay CONSULTANT interim compensation for the work performed.Invoices will be sent on a monthly basis
and are due upon receipt.CLIENT agrees that the periodic billings from CONSULTANT to CLIENT are correct,conclusive,and binding on CLIENT
unless CLIENT,within ten(10)days from the date of receipt of such billing,notified CONSULTANT in writing of alleged inaccuracies,
discrepancies,or errors in the billing.The planning,preliminary engineering,final engineering and the surveying services performed will be billed on
a percentage of completion.If any CONSULTANTs invoice is not paid by the end of the month received,a late charge shall be calculated at the rate
of 1-1/2 percent per month.Any waiver of the late charge for any invoice shall not constitute a waiver of the late charge with respect to any other
invoice.In addition to the late charge,all reasonable costs of collection shall be paid by the CLIENT,including reasonable attorney fees.If suit is
brought to obtain payment of any invoice,the CLIENT agrees to pay all costs of collection including reasonable attorney fees.Whenever the account
is more than thirty(30)days delinquent,the CONSULTANT may suspend any further work called for by this Agreement until such account is made
current.The fact that the CONSULTANT may continue to work beyond the time during which it may have been suspended shall not be deemed to be
a waiver of its rights hereunder.If at any time the CONSULTANT deems himself insecure,this Agreement may be terminated by the CONSULTANT_
7.2 ATTORNEY'S FEES: In the event that either party institutes a suit against the other,either directly by complaint or by way of cross-complaint,
including a cross-complaint for indemnity,for alleged negligence,error,omission,or other failure to perform,and if either party fails to obtain a
judgment in its favor,the lawsuit is dismissed,or if judgment is rendered for the other party,losing party agrees to pay other party a'.1 costs of&terse,
including attorney's fees,expert witness fees,court costs,and any and all other expenses of defense.Payments shall be made immediately following
dismissal of the case or upon entry ofjudgment.
ARTICLF It COMPUTER/CADD Fit FS
8.1 AUTOCAD FORMAT: If electronic CADD files are required by CLIENT,CONSULTANT shall determine the electronic forrat in whici to
provide all construction drawing documents and models sixty days after final submission date.Construction documents will be developed at a scale of
I drawing unit= 1'-0"in decimal units or I drawing unit=0'-I"in architectural units.Drawings will be in real world coordinates or a symbol
displaying how to translate back to real world coordinates will be placed in lower left corner of drawing file.All reference files necessary to ge-erate
the construction drawing files shall be produced at a scale of I drawing unit= I'-0"in decimal units or 1 drawing unit=v'-I"in architectural _nits
NOLTE ASSOCIATES. INC.
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CONSULTANT shall be not held responsible for uses of the data outside or beyond the scope of the agreement.
Data shall be delivered on compact disks in an electronic format determined by the CONSULTANT.
Lines,text,layer names,and symbols shall be established by CONSULTANT unless CLIENT provides other standards to CONSULTANT at time of
notice to proceed.
8.2 REUSE: Any use or reuse by the CLIENT or others,without written verification or CADD adaptation by the CONSULTANT for the specific
purpose intended,shall be at the CLIENT's sole risk and without liability or legal exposure to the CONSULTANT.Furthermore,the CLIENT shall,to
the fullest extent permitted by law,indemnify and hold harmless the CONSULTANT for all claims arising out of or resulting therefrom.Any such
verification or adaptation will entitle the CONSULTANT to further compensation at CONSULTANTs current rate.
8.3 BACKUP COPY MAINTENANCE: CONSULTANT will not be required to maintain backup copies of all submitted files after acceptance
period date.
8.4 ELECTRONIC FILE ACCEPTANCE PERIOD: The electronic files are submitted to the CLIENT for a 30-day acceptance period.During this
period,CLIENT may review and examine these files and any error detected during this time will be corrected as part of the basic agreement.Any
changes requested after the acceptance period will be considered additional services to be performed on a time and materials basis.
ARTtrt F 9 MISCFI LANFOIIS
9.1 The CLIENT shall designate a representative or representatives authorized to act in the CLIENTs behalf with respect to this Agreement and
CONSULTANT shall be entitled to rely upon statements and agreements made by those so authorized to act in the CLIENTs behalf
9.2 Nothing contained herein shall be deemed to create any contractual relationship between the CONSULTANT and the contractor or any
subcontractors;nor shall anything contained in this Agreement be deemed to give any third party any claim or right of action against the CLIENT or
CONSULTANT which does not otherwise exist without regard to this Agreement.
9.3 CLIENT agrees that in the event CLIENT institutes litigation to enforce or interpret the provisions of this agreement,such litigation is to be
brought and adjudicated in the appropriate court in the county in which CONSULTANTs principal place of business is located,and CLIENT naives
the right to bring,try or remove such adjudication to any other county or judicial district.
9.4 The Agreement,including these terms and conditions,represents the entire Agreement between CLIENT and CONSULTANT and supersedes all
prior negotiations,representations or agreements,written or oral.
NOLTE ASSOCIATES. INC.
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NOLTE ASSOCIATES, Inc.
CHARGE RATES SCHEDULE
OFFICE: DESIGN AND DRAFTING
Engineering Aide/Planning Aide $ 54.00/hour
CADD Tech I $ 52.00/hour
CADD Tech II $ 64.00/hour
CADD Tech III $ 72.00/hour
Senior CADD Designer/Tech $ 75.00/hour
PROFESSIONAL
Survey Technician $ 58.00/hour
Assistant Surveyor $ 65.00/hour
Junior Engineer/Planner $ 69.00/hour
Associate Surveyor $ 75.00/hour
Senior Surveyor $ 82.00/hour
Junior Surveyor $ 58.00/hour
Assistant Engineer/Planner $ 80.00/hour
Associate Engineer/Planner $ 88.00/hour
Senior Engineer/Planner $ 98.00/hour
Manager $ 104.00/hour
Associate $ 113.00/hour
Principal $ 140.00/hour
FIELD: CONSTRUCTION MANAGEMENT
Field Observer $ 61.00/hour
Assistant Resident Engineer $ 69.00/hour
Resident Engineer $ 78.00/hour
Assistant Const.Manager $ 87.00/hour
Construction Manager $ 106.00/hour
SURVEYING
1-Person Field Crew(GPS)(Robotic) $ 89.00/hour
Rodperson $ 42.00/hour
Instrumentperson $ 48.00/hour
Chief of Party $ 63.00/hour
Chief of Survey $ 89.00/hour
Senior Chief of Survey $ 98.00/hour
2-Person Field Crew $ 111.00/hour
3-Person Field Crew $ 153.00/hour
SERVICES AND EXPENSES:
Project Staff Assistant $ 44.00/hour
Technical Typist $ 44.00/hour
Administrative Technician $ 44.00/hour
Computer Analyst $ 61.00/hour
Blueline Prints $ 0.21/sq.ft.
Photo Copies $ .37/copy
Mylar Sepia $ 3.00/sq.ft.
Paper Sepia $ 1.10/sq.ft.
Photo Mylars $ 13.00/sq.ft.
Minimum Charge $ 15.00/5 drawings or less
Deliveries within Denver Metro Area $ 20.00 minimum
Subsistence $ 1.15 x Cost
Other Expenses-Including Sub-Consultants $ 1.15 x Cost
and Purchased Services through Subcontracts
Mileage $ 0.42/mile
GPS Units $ 170/unit/day
Rates are effective through September 30, 2002. If contract assignment extends beyond that
date, a new rate schedule will be added to the contract.
NOLTE ASSOCIATES, INC.
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CENTRAL WELD COUNTY WATER DISTRICT
EXHIBIT "C"
Survey Services: Weld Co. Rd. 13 between 38&26
and between 1-25 and Weld Co. Rd. 13 on Weld Co. Rd. 38
COST SUMMARY
Fee Proposal NOLTE
Items DISTRICT COUNTY TOTAL
Item 1 (a.) $ 3,250.00 $ 1,950.00 $ 5,200.00
Item 2 $ 6,000.00 $ 6,000.00 $ 12,000.00
Item 3 (est) (b.) $ 1,600.00 $ 1,600.00 $ 3,200.00
Item 4 (c.) $ 13,400.00 $ 10,200.00 $ 23,600.00
Item 5 (d.) $ 8,640.00 $ 8,640.00
$ 24,250.00 $ 28,390.00 $ 52,640.00
(a.) District to pay for total charges from 1-25 to Weld Co. Rd. 13 along Weld Co. Rd. 38.
(b.) District to split the cost of resetting section corners along Weld Co. Rd. 13. Quarter
corners and section corners located away from Weld Co. Rd. 13 would be set/reset
at the County's expense.
(c.) District to pay for total charges from I-25 to Weld Co. Rd. 13 along Weld Co. Rd. 38.
County to pay the additional cost of$450.00 per mile for additional topo from Weld
Co. Rd. 38 to Weld Co. Rd. 26. Additional topo includes that from 50 feet off section
line to 150 feet off section line each side.
(d.) County to pay for this item as it is not required by the District.
Drafting Services: Weld Co.Rd. 13 between 38&26
and between I-25 and Weld Co. Rd. 13 on Weld Co. Rd. 38.
LOCATION DISTRICT COUNTY
1. W.C.R.26 to W.C.R. 38
along W.C.R. 13 $ 6,000.00 $ 6,000.00
2. I-25 to W.C.R. 13
along W.C.R. 38 $ 4,800.00 $ -
Total $ 10,800.00 $ 6,000.00
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