HomeMy WebLinkAbout20052123.tiff AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this day of
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 Short Elliot Hendrickson Inc., whose
address is Colorado Center, Tower One, Suite 6000, 2000 S. Colorado Blvd., Denver, CO
80222-7900, 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 rnf of this Agreement shall be from N h i1r SUDS
through and until t J I k) 2 00 . This Agree ent may be extended for
additional one-year periods, not to exceed four(4) additional one-year periods, upon
mutual written agreement of the parties. Changes in compensation for extension terms
shall be negotiated by and agreed to by both parties; however, in no event shall such
change exceed the Denver/Boulder 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.
3. 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.
4. 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.
2005-2123
e7- 7-os ee ' R- Pc-L,
5. 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.
6. 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.
7. 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.
8. 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.
9. TIME OF THE ESSENCE: Time is of the essence in each and all of the
provisions of this Agreement.
10. 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.
11. 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.
12. 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.
13. 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.
2
14. 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.
15. 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.
16. 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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 27th day of
July , 2005
COUNTY DEPARTMENT:
``• l' say' ;t 1 ( COUNTY OF
WELD, a political subdivision Weld County
,462 Clerk to the Board of the STATE OF
Ism COLORADO:
4
By: l/ .1f{,...-
eeputy Clerk to the Board M. . Geile, Chair Protein
Board of County Commissioners of the
County of Weld JUL 2 7 2005
CONTRACT PR SSIONAL:
By: �� Date o7/ /cS'
Name: c -0Zt. c, L„ ,).a.,-,2
G
Title: off„s i,44.4 4-ctC
SUBSCRIBED AND SWORN to before me this day of it/ky , :_e// C
WITNESS my hand and official seal.
Notary ublic
My commission expires:
My Commission Expires
2-23-2006 3
0,2O25 -a/a3
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
WELD COUNTY
AND
SHORT ELLIOT HENDRICKSON
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.
EXHIBIT B
SEH Personnel Rates
Project Principal $163.00
Project Manager 2 $151.00
Project Manager 1 $138.00
Engineer 2 $131.00
Engineer 1 $118.00
Design Engineer 3 $114.00
Design Engineer 2 $98.00
Design Engineer 1 $90.00
Traffic Engineer $84.00
Design Technician 3 $84.00
Design Technician 2 $78.00
Design Technician 1 $68.00
Clerical/Administrative $50.00
Construction Professional $124.00
Construction Technician 4 $86.00
Construction Technician 3 $81.00
Construction Technician 2 $75.00
Construction Technician 1 $58.00
SEH Reimbursable Expenses
Production Run Copies 1 At cost
Overnight Shipping At cost
SEH Vehicle Hourly Rate2 $4.50 per hour
Personal Vehicle Mileage Rate2 $0.405 per mile
Other Reimbursables 3 At cost
' Courtesy copies at no cost
2 Either SEH hourly vehicle or personal vehicle mileage charges(not both)apply for a given vehicle
3 Other reimbursables will be pre-approved by Weld County on an as needed basis
Wilkinson Personnel Rates
Engineer(Principal) $80.00
Technician $60.00
Clerical/Administrative $30.00
Wilkinson Reimbursable Expenses
Mileage $0.405 per mile
Other Reimbursables I At cost
Other reimbursables will be pre-approved by Weld County on an as needed basis
1 of4
EXHIBIT B
Farnsworth Personnel Rates
Principal $135.00
Professional Manager $120.00 (1)
Senior Project Professional $110.00 (1)
Project Professional $100.00 (1)
Senior Professional $95.00 (1)
Professional $90.00 (1)
Intern II $80.00 (2)
Intern I $74.00 (2)
Senior Project Designer $109.00
Project Designer $95.00
Senior Designer $87.00
Designer $82.00
Computer Specialist $86.00
Planner $75.00
Chief Technician $80.00
Survey Crew Chief $78.00
Senior Technician $70.00
Technician $65.00
Survey Technician $58.00
Survey Instrument Person $47.00
Administrative/Clerical $48.00
Survey Crew- 1 man* $102.00
Survey Crew- 2 man* $125.00
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.
Farnsworth Reimbursable Expenses
Mileage $0.40/mile
2 unit GPS $40.00/hour
3 unit GPS $60.00/hour
Robotic Total Station $20.00/hour
In-house original plots,bond (24x36) $2.40
In-house original plots, mylar (24x36) $12.00
In-house vellums (24x36) $6.00
In-house bluelines (24x36) $.80
2 of 4
EXHIBIT B
Kumar & Associates Personnel Rates
Principal Engineer $110.00 to $140.00/hr
Senior Project Engineer/Geologist/Manager $90.00 to $120.00/hr
Project Engineer/Geologist/Scientist $70.00 to $95.00/hr
Staff Engineer/Geologist/Scientist $60.00 to $70.00/hr
Project Supervisor $70.00 to $80.00/hr
Exploration Field Engineer/Technician/Geologist $50.00 to $65.00/hr
Construction Materials Testing Technicians:
X Soils, Concrete, Reinforcing Steel, Asphalt $42.00 to $50.00/hr
X Piers, Masonry, Fireproofing $48.00 to $55.00/hr
X Structural Steel $50.00 to $60.00/hr
X Floor Flatness $70.00 to $80.00/hr
Word Processing $38.00 to $45.00/hr
Drafting $48.00 to $55.00/hr
Litigation/Expert Witness/Deposition $140.00 to $200.00/hr
Kumar& Associates Reimbursable Expenses
Auto or Pickup Mileage $0.45/mile
Out of Town Expenses, Travel, Rental Etc. Cost+ 15%
Expedited Laboratory Services: 1.35 x Test Price
Kumar & Associates Subsurface Exploration, Sampling, Monitoring Well
4-Wheeler ATV Drill Rig(Includes Operator) $110.00/hr.
Exploration Subcontractor Subconsultant's Cost+ 15%
Materials/Equipment Rental/Outsourced Laboratory/Subs Cost+ 15%
Falling Weight Deflectometer(Includes Operator) $175.00/hr
Concrete and Asphalt Coring $65.00/hr
Photoionization Detector $100.00/Day
LEL/CO/H2S/02 Meter $100.00/Day
Conductivity, Temperature, pH Tester $25.00/Day
Personal Protective Equipment Rates Quoted on Project Basis
Kumar& Associates Laboratory Tests
Moisture Content & Density (ASTM D-2216) $15.00 ea
Gradation (ASTM D-422) $70.00 ea
Gradation with Hydrometer Analysis (ASTM D-422) $125.00 ea
Percent Less than#200 Sieve (ASTM D-1140) $20.00 ea
Atterberg Limits (ASTM D-4318) $40.00 ea
Standard Proctor Compaction(ASTM D-698) $70.00 ea
Modified Proctor Compaction (ASTM D-1557) $80.00 ea
R-Value (ASTM D-2844) $250.00 ea
California Bearing Ratio (ASTM D-1883) 1-Pt. $140.00 ea
California Bearing Ratio (ASTM D-1883) 3-Pt. $330.00 ea
*Other Testing Available Upon Request
3of4
EXHIBIT B
Special Rates. Extensive effort has been made to provide position classifications that
closely reflect actual personnel rates. In the event that an given individual's rate does not
closely match the position classifications listed above, both SEH and Weld County agree
that it is in the best interest of both parties to assign a special hourly rate.
4 of 4
Hello