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Home My WebLink About20052124.tiff AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this)rraay of -5.3,1,A4,; , Ic 9 , by and between the County of Weld, State of Colorado, by and on behalf of Weld County Public Works Department,whose address is 1111 H Street, P.O. Box 758, Greeley, Colorado 80631, hereinafter referred to as "County Department," and Felsburg Holt &Ullevig whose address is 6300 South Syracuse Way, Suite 600, Centennial, CO 80111, 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 rn} of this Agreement shall be from 2r. `/ o�J, ANC: through and until a A a 2� ?UU t/ . This Agree ent1nay be extended for additional one- ar 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 Consumer Price Index for All Urban Consumers (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. Ea. DD✓5,2 q �' 2005-2124 07 -027 -0c 00 : 110 FUL, Q O3-aC 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 WITNESS WHEREOF, the parties hereto have signed this Agreement this 27thday of July . 2005 • COUNTY DEPARTMENT: L4\ /.47 COUNTY OF WELD, a political subdivision Weld County Clerk to the Board 1861 Ifa? - iv'� of the STATE OF COLORADO: n , n •t "ir`;.7i,.!�.��--_i. BY: -- 'L. r ! puty Clerk o the Board � . . Geile, Chair Potent Board of County Commissioners of the JUL 2 7 2005 County of Weld CONTRACT PROFESSIONAL: By: Fe; ival [Ru1 t Utevr) Date 7-a I-OS Name: L i "'"" rk , • Frwol - Title: Prtnc:p41 SUBSCRIBED AND SWORN to before me this 2, day of ,VEDS . WITNESS my hand and official seal. / C� �� r Notary Public Q % o?alS.Cq�� i�n i�..i NIA My commission expires: �0m� O • Z;z� �° i ,y, . O:m f 1 O -A • i % .V�.& ��\\ ey b'y�S'r 4 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN WELD COUNTY AND FELSBURG HOLT&ULLIVEG DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Limitations on compensation: (time and reimbursable direct costs): Project Description: Scope of Services: Acceptance User Professional agrees to perform the services identified this reference,and Notice to Proceed is hereby given. above and on the attached forms in accordance with the terms and conditions contained herein and in the Weld County Professional Services Agreement between the parties. By: In the event of a conflict between or ambiguity in the Project Manager terms of the Professional Services Agreement and Date: this work order (including the attached forms) the Professional Services Agreement shall control. By: Department Head Professional Date: By: By: Date: Director of Finance and Administration Date: By: Chairman,Weld County Commissioners Date: The attached forms consisting of (, pages are hereby accepted and incorporated herein,by EXHIBIT "B" On-Call Engineering Services Scope of Services The services will generally consist of transportation engineering including road and bridge design, traffic engineering, surveying, environmental studies, construction management and materials testing. Requirements The consultant will be expected to provide a full range of engineering services including the services listed above and described below. Transportation Engineering Tasks under this section will generally include detailed road design including horizontal and vertical layout, associated hydrology and hydraulics, surveying, legal description and exhibit preparation, structural design for river and canal crossings, traffic signal layout, pavement design, corridor studies, plan preparation and bidding and construction administration services. Traffic Engineering Tasks under this section will generally include signing investigations and recommendations, level of service calculations, warrant studies, capacity recommendations, traffic modeling and review of detailed traffic impact studies that may relate to private developments within the county. Environmental Studies Tasks under this section will generally include project environmental audits that involve endangered species research, 404 permitting procedures and report preparation. General Services will be performed upon the issuance of a Weld County Work Order on an as needed basis. Prior to issuing a work order the County will meet with the firm to discuss requirements, specific scope of work, deliverables, fees, and specific project schedule. All Engineering or Land Surveying must be performed under the supervision of an Engineer or Surveyor who is licensed as a P.E. or P.L.S. in the State of Colorado. V�. — - Stir. - ti• - _ ''. .�e 'a''., •�'M, •:4 2.'"It";::,•.-- <ys.:: ,Z;7F.. 'iYa• • O ,' 'Ws - THE following hourly billing rates apply to all"Time and Materials"contracts. Principal II $150.00 Transportation Planner I $ 75.00 ► Principal I $135.00 Senior Bridge Designer $ 90.00 Associate $125.00 Senior Designer $ 90.00 Senior Engineer $115.00 Designer IV $ 80.00 Engineer V $105.00 Designer III $ 70,00 Engineer IV $100.00 Designer II $ 65.00 Engineer III $ 90.00 Designer I $ 60.00 Engineer II $ 80.00 Senior Construction Technician $ 90.00 Engineer I $ 75.00 Construction Technician IV $ 80.00 Senior Environmental Scientist $115.00 Construction Technician III $ 70.00 � Environmental Scientist IV $100.00 Construction Technician II $ 65.00 ✓J Environmental Scientist III $ 90.00 Construction Technician I $ 60.00 Environmental Scientist II $ 80.00 Senior Environmental Technician $ 90.00 Environmental Scientist I $ 75.00 Environmental Technician IV $ 80.00 E_, Senior Transportation Planner $115.00 Environmental Technician III $ 70.00 Transportation Planner IV $100.00 Environmental Technician II $ 65.00 ...) Transportation Planner III $ 90.00 Environmental Technician I $ 60.00 Transportation Planner II $ 80.00 Administrative $ 60.00 r� Reproductions Plots Bond $0.18/sq ft Glossy $0.96/sq ft .� Mylar $0.50/sq ft Vellum $0.21/sq ft Prints DI) Black and White $0.05/print Color $0.17/print Presentation Boards 'ri Bond Foam Core Mounted $1,15/sq ft Glossy Foam Core Mounted $1.93/sq ft Computer Projector $100.00/meeting 4-0 Travel Mileage $0.405/Mile 111 ..... (esti; MEMORANDUM TO: Clerk to the Board DATE: July 20, 2005 FROM: Keith Meyer, Engineering Division Managertij .. COLORADO SUBJECT: Agenda Item On-Call Engineering Services -Agreement for Professional Services with SHE and FHU. o Weld County Public Works has completed the Qualification Based Selection Process for selection of two qualified consultant firms to provide On-Call Engineering Services. o Twenty-nine (29) proposals were received on May 17, 2005. The selection committee included Wayne Howard, Keith Meyer, and Cameron Parrott from Public Works. The committee evaluated the proposals based upon the Scope of the Proposal, Assigned Personnel, Availability, Cost and Work Hours, and Firm Capability. o Three (3)firms were short listed from the original twenty-nine (29). They consisted of SEH, FHU, & HNTB. Interviews were held on June 17, 2005. o FHU and SEH were the selected consultants. Public Works is recommending approval for the On-Call Contracts to FHU and SEH. Attached are two signed original On-Call Contracts from both firms. Detailed work orders describing the scope of work and costs for the services will be submitted for approval prior to commencing the work. Enclosures pc: Wayne Howard, Project Manager M:\-Active Projects\Misc Projects\Engineering On-Call Services\BOCC Agenda Contracts.doc t atS01-f McMA 1-z? -05 Hello