HomeMy WebLinkAbout20042627.tiff AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 7th day of July , 2004, 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 2696 South
Colorado Boulevard, Suite 250, Denver, Colorado 80222, 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 July 1, 2004, through and until
July 1, 2005. This Agreement 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 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.
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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 he or 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$1,000,000.
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.
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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 7th day of
July , 2004.
COUNTY DEPARTMENT:
LIMPaAirCOUNTY OF WELD, a political
subdivision Weld County Clerk to the Board
1861 ( swIt• S% of the STATE OF COLORADO:
t � .
puty Clerk to the Board Chairman, Robert D. Masden
Board of County Commissioners of the
County of Weld (07/07/2004)
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CONTRACT PROFESSIONAL:
By: L�% L'�% �, Date G_
Name: /n¢✓/.O C.. bJ,CsCVio
Title: Pen. ci,*iz
SUBSCRIBED AND SWORN to before me this .-2 9"day of)c z j= , (5V(V
WITNESS my hand and official seal.
oLrt. /'J /x>-7<c.e `
Notary Public
My commission expires: 69"7//7�`9°° '
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My Commission Expires 04/1712006
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EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
WELD COUNTY
AND
FARNSWORTH GROUP INC.
DATED:
Work Order Number:
Purchase Order Number:
Project Title: WCR 40 1/2&WCR 5, from WCR 3 to SH-56
Commencement Date:
Completion Date: Eight(8)weeks after Commencement Date
Limitations on compensation: (time and reimbursable direct costs): $43,200
Project Description: Topographic design surveys and right of way surveys
Scope of Services: SEE ATTACHED EXHIBIT"B"
Acceptance r/A
User
Professional agrees to perform the services The attached forms consisting of _ (4-pages
identified above and on the attached forms in are hereby accepted and incorporated herein, by
accordance with the terms and conditions this reference, and Notice to Proceed is hereby
contained herein and in the Professional given.
Services Agreement between the parties. In the
event of a conflict between or ambiguity in the Weld Count
terms of the Professional Services Agreement By:
and this work order (including the attached Proje nager
forms) the Professional Services Agreement Date: 1�0 r get
l� LI
shall control.
By:
Professions[= , Department.Head
By: /� Date: • 7- 34' / �'
David C. DiFulvio, Principal /
Date: 7- 2.7- dy By: A4971,421/�' # 'I�/ j/Y.-f
/ Director of Finance and„4v irffstfa ono 9 2004
Date: p (� AUb
By:
Chairman, Weld County Commissja rs° 9 2004
Date: AUl7
Exhibit B
WCR 40 % & WCR 5 - WCR 3toSH56
Surveying Scope of Work and Fee Estimate
Right of Way and Topographic Design Surveys
July 19, 2004
The project limits of this survey are approximately 200 ft. each side of the centerline of the
roadways, and will extend 500 ft. in each direction from existing intersections, unless noted
otherwise. At the Little Thompson River and Big Hollow crossings, the survey will widen to be
300 feet each side of the roadway centerline. The survey along WCR 5 will extend 1000 ft.
south of the intersection with WCR 40 'A
• Farnsworth Group will perform research typically required for determination of existing rights
of way for WCR 40.5, WCR 5 and SH 56 within the limits of the project. For purposes of this
proposal, it is assumed that no additional right of way acquisition is anticipated.
• We will perform field surveys to locate aliquot land corners and other major boundary
corners required to establish the existing rights of way in the project area. The rights of way
will be established sufficient to provide a seal and signature by the licensed land surveyor in
charge of this project. We are aware of several "double" corners within the project area, as
noted above, that will require additional effort to resolve, and have included an estimated
budget allocation for this additional effort.
• Establish horizontal and vertical project control based upon the CDOT HARN 83/92
Network. The control information will be noted on the survey drawings with their description,
coordinated and elevations. We will coordinate the specific number and placement of
construction control points with Weld County prior to their establishment.
• Aerial Mapping —We propose to use the photogrammetric mapping firm of Benchmark
Mapping Services Inc. as our sub consultant for this project. The aerial mapping will be low
altitude, final design level accuracy with a map output scale of 1" = 40 ft. with one foot
contour intervals. The limits of the mapping will be as noted above for the project limits. A
digital ortho photo will also be provided, with a pixel resolution of approximately 0.2 - 0.3 ft.
that will cover the entire mapping area.
• Set approximately 19 aerial photo control points and tie into the control network.
• Perform supplemental design surveys as necessary to supplement the aerial mapping,
along with related office support for obtaining miscellaneous data needed for completing the
design services. This data will be merged into the overall drawing.
WCR 40.5 & WCR 5, WCR 3 to SH 56 Page 2 of 3
July 19, 2004
• Traffic control on SH 56 for surveying operations will be provided, as required by CDOT and
deemed necessary for the safety of survey crews. We have included an estimated budget
for this effort, subject to further requirements by CDOT identified at the time we obtain a
permit to survey within the CDOT ROW.
• Provide coordination with Client. Our proposed fees include 6 hours of meeting time.
• Utility information will be researched at the respective public utility agencies, and field
verified where possible, within the limits of the survey. Rim elevations on all exposed
manholes and valves will be obtained in addition to invert and pipe sizes confirmed to the
best of our ability for culvert, irrigation, storm and sanitary lines, if any, without entry into
manholes. Underground utility lines for which no surface evidence exists and for which
reliable map information is unavailable will not be shown, if not marked by utility agencies.
• This scope of work does not include the coordination with the Utility Notification Center to
have underground utilities marked. It is our understanding that Weld County shall coordinate
and arrange to have these utility lines marked. This scope of work includes the coordination
with the County regarding the utility markings and the survey of marked utilities within the
right of way, if marked at the time of field surveys.
• Prepare final drawings at a scale of 1" = 40'. The Survey Control Diagram/Map drawing will
be set up similar to the Colorado Department of Transportation right of way plan
requirements but will not be completely in compliance with all their requirements. The plans
will consist of Title Sheet, Survey Control Diagram/Map, Plan Sheet Index, Plan Sheets and
Ownership Map.
• Prepare permission to enter forms, and process to obtain access permission on private
property. This effort will be coordinated closely with Weld County. It is our understanding
that the County will provide an independent mailing introducing the project to landowners
prior to this second mailing to obtain written access permission.
Deliverables:
The deliverable for this project will be one set of paper plots and a diskette with the electronic
copy of the survey information, in AutoCAD format based upon the Farnsworth Group Layering
System. In addition, we will provide a file with Farnsworth's CAD standards for surveying that
will have the layers, line types, symbols, etc. that are used by our surveying sections.
Schedule:
We shall commence our fieldwork for the aerial mapping portion within one week of notice to
proceed and shall complete the aerial mapping portion within approximately four weeks after
notice to proceed. The final drawings should be completed within 6 to 8 weeks after notice to
proceed. We will submit preliminary drawings of the survey on an ongoing basis so that design
services may proceed as soon as possible. This schedule assumes that access permission an
be obtained within one week for those properties requiring access for setting photo control panel
points.
WCR 40.5 & WCR 5, WCR 3 to SH 56 Page 3 of 3
July 19, 2004
Proposed Fee:
Farnsworth Group will perform the above-noted Services on an hourly basis not to exceed
$43,200, to be billed in accordance with our Weld County Approved Rate Schedule.
A more detailed breakdown of estimated maximum fees is provided on the Project Budget
Worksheet, attached hereto for reference.
PLEASE NOTE - The proposed maximum fee includes approximately $7,500 of additional time
associated with attempts at resolution of conflicting land corner monunentation discrepancies.
Note: The proposed scope of work does not include re-setting section corners, one-quarter
corners and one-sixteenth corners or replacing those corners, if necessary to comply
with State Board of Registration monumentation rules. If those services are required,
you will be notified immediately and the fee estimate revised accordingly. This proposal
assumes that average survey/boundary conditions exist in the area to be surveyed. It is
not uncommon to have conflicting monumentation and/or lines of title. These are
normally "worked out" during the process of the survey if not excessive. Occasionally
major conflicts and/or discrepancies exist that require time and effort beyond "average
survey/boundary conditions". If this occurs, you will be immediately notified, the
problems discussed, and an appropriate course of action determined (with the owner's
input) to complete the survey.
Farnsworth Group
PROJECT BUDGET WORKSHEET-2004 WELD COUNTY Rate Schedule
Project Name: L Weld County-WCR 40 1/2&WCR 5 WCR 3 tO SH 56
Project Number: 304053.0
Project Manager: Steve Dynes - - - — - - - -
_- -. NTMERIl11091!
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WORK TASK Task Stet Task End TWeITaX a f 1r Y d- , Total TOTAL COST TASK GROUP
Date O6 Durationgj 1 }d "d a d 9 i5 S l 5 u c u Scum SUMMARY SUMMARY TOTALS
a E — m
HOURLY RATES $125 $107 $92 597 591 $85 $80 $76 $67 $45 $90 5121
Project Initiation f0 $1,005
Scope of wk&contract admin. 2 2 $464
Work plan 8 resources logistics I $107 -
Project team kick-off mtg 1 1 I 1 1 5434
$0
Ongoing Project Coordination $0 $1,317
Project meetings-Client team 4 4 $928
Project meetings-inside team 1 I 1 ' 1 $389 _ - --
Coordinate traffic control issues 1 $214
Research
10 $3,047
Ownership,ROW,Survey data,BLit data 2 10 1 $1,014
Utilities,Inigation,Ditch 1 10 1 $907 -
Horizontal8 Vertical Control Data 1 6 $659 _
Permission to Enter Forms 1 8 $467 - -
Control Surveys $0 $6,418
Primary CPS network 8 Set Control Points
For Construction Staking along alignment 1 2 18 1 $1,731
Aerial Mapping Control(19 pts) 4 2 40 46 31 _
,475
data preccessing/ hecks/ptanning 1 4 $475 --
Property S ROW Surveys
30 $5,051
Section Breakdowns 8 ROW body.Evidence 2 40 4 $5,054
$0
$0
$0
$0
Supplemental Surveys $0 $3,312
Bridge,culverts,surface evidence of utilities " 1 8 8 1 $1,795
Irrigation ditch suppl elev's 8 detail 1 I 8 1 $1,151
Review field notes 8 data reduction 1 2 $366 _- _
$0
$0
Base Map Preparation - $0
Bndy B ROW Gales 50 �-
50 5 u.ese
Merge aerial with supp'l survey,irnig ditch, - --bridge,etc.
Base Map Preparation-merge DTM's,add 12 1 $1,019 _ --. __-
misc detail,finalize drawings 24 2 $1,931
OA/OC field inspection - -
ONOC drawing review $642 - -
Dwg.Edits per OC renew $411 -
Process final dwp 8 transmit to diem etc 4 $411
2 $197
$0
30
$0 _
$0
f0
Legal Oerlptons S Exhibit Map. f0 -
w $0 f0
s0
TOD- 30
$0 _
$0
$0
$0
$0
to -
SUBTOTAL HOURS SFEES 6 50 0 0 14 2 70 45 0 11 M 58 320 429,851 $29,637
Rebnbunabb Expenses,Cubicle Svcs,etc.
research costs(Co.records at no cost) $100 -- ---
mileage 400 z 0.35 5140
GPS
plots - 31,100
550
messenger services $100 - —
SubconeuMant-aerial mapping&Who's Benchingrk Mappeq SeMces $9500
Subconsultant-Traffic Cobol United Rentals.Inc. 42200
SUB TOTAL REIMBURSABLE Eta. $13,290
TOTAL PROJECT FEES(without contingency) • . ' $43,141
PrcfemunR Services Fee Estivate WCR 401-2 WCR 5 WCR 31°52150-rwl completed:7/302004
a
MEMORANDUM
rat Date: Aug 2, 2004
TO: Don Warden
CFROM: Leon Sievers
COLORADO SUBJECT: Survey Work Order form
As part of our overall Qualification Based Selection process, attached are three copies of the work
order form for surveying on WCR 40%2 and WCR 5, per our standard agreement for surveying
services. Please review the form,sign where indicated and have the chair sign.Please return a copy
so I can forward to Farnsworth Group.
As usual, if you have any questions on comments,please call.
Leon
4 „(Av /' -, '� E C— COSO
—9—e' V is R) at5weRti-i 2004-2627
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