HomeMy WebLinkAbout20032502.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTING
SERVICES AND AUTHORIZE CHAIR TO SIGN - DREW SCHELTINGA
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 Professional Engineering
Consulting Services for the Upper Front Range 2030 Long Range Transportation Plan Update
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 Drew
Scheltinga,860 Old Ranger Drive,Estes Park,Colorado 80517,commencing upon full execution,
and ending August 31,2004,with further 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 Professional Engineering Consulting Services for the
Upper Front Range 2030 Long Range Transportation Plan Update 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 Drew Scheltinga 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 25th day of August, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
�,��� LD COUNTY, COLO DO
ATTEST: L4/
David E. Long, Chair
Id County Clerk to the Beard
��� EXCUSED
E� y / Ro ert D asden, Pro-Tem
CI rk to the Board
1861 M. J. eile
4r6 ST ctl
140 William . Jerke
/1
unty Attorney �b'
Glenn Vaad
Date of signature: q_g-O 3
2003-2502
EG0047
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AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES
72
THIS AGREEMENT, made and entered into this, 5 day of L1/��e,,,i 2003,by
and between THE COUNTY OF WELD, STATE OF COLORADO, by and Through its Board of County
Commissioners,hereinafter called the "County" and Drew L. Scheltinga,P.E., 860 Old Ranger Drive, Estes
Park, Colorado 80517, hereinafter called the "Consultant."
WITNESSETH:
WHEREAS, the County serves as the contracting agent for the Upper Front Range Transportation
Planning Region, and
WHEREAS, the County requires the services of a consulting civil engineer to aid the Upper Front
Range Transportation Planning Region in development of its 2030 Long Range Transportation Plan in the
specific area of small community involvement and serving as a "circuit rider" to those communities as
described in"Attachment A," and
WHEREAS, the Board of County Commissioners has reviewed and accepted the proposal of the
Consultant to perform civil engineering services.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties agree as follows:
1. TERM: The term of this Agreement shall be from the date written above to and until no later
than August 31,2004 unless sooner terminated by either party by written notice to the other
received at least 60-days prior to the expected date of termination.
2. SERVICES TO BE PERFORMED: Consultant agrees to such services as noted in
"Attachment A"or as requested in writing by the Upper Front Range Executive Committee.
The Consultant shall perform the professional services described herein in a professional
manner.
3. COMPENSATION: Consultant shall be compensated at the rate of$100.00 per hour with a
total maximum billing amount of$12,936.00 for hours worked,mileage at the rate of$0.36
per mile, and receipted direct expenses.
Billings shall be made to Weld County Public Works,P.O.Box 758, 1111 H Street,Greeley,
CO 80632. They shall be submitted to the Upper Front Range 2030 Transportation Plan
Update Project Manager. Upon approval by the Project Manger, they will be paid within
thirty(30)-days upon receipt unless disputed by the Project Manager or County.
wrt,, Page 1 of 3
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4. MISCELLANEOUS:
A. Notices or Payments. All notices or payments made or given hereunder shall be in
writing and shall be delivered in person or sent by mail, postage prepaid, to the
parties at the addresses set forth above.
B. Governing Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of Colorado.
C. Partial Invalidity. If any provision of this Agreement are declared by any Court of
competent jurisdiction to be invalid for any reason,such invalidity shall not affect the
remaining portions. On the contrary,such remaining portions shall be construed and
enforced as if such invalid provisions were deleted.
D. Modification and Breach. This Agreement contains the entire agreement and
understanding between the parties hereto and supersedes any other agreements
concerning the subject matter of this transaction, oral or written. No modification,
amendment, novation, renewal or other alteration of or to this Agreement shall be
deemed valid or of force or effect whatsoever,unless mutually agreed upon in writing
by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused,unless such waiver or consent shall
be in writing and signed by the part claimed to have waived or consented. Any
consent to any party hereto,or waiver of a breach by any other party,whether express
or implied, shall not constitute a consent to, waiver of, or excuse for any other
different or subsequent breach.
E. Non-appropriation: No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated in each
succeeding year.
F. No Third Party Beneficiaries/No Waiver of Immunities. It is expressly understood
and agreed that enforcement of the terms and conditions of this Agreement, and all
rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties,and nothing contained in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall
be deemed an incidental beneficiary only. No portion of this Agreement shall be
deemed to constitute a waiver of any immunities the parties, their officers, or
employees may possess,nor shall any portion of this Agreement be deemed to have
created a duty of care that did not previously exist with respect to any person not a
party to this Agreement.
5. INDEPENDENT CONTRACTOR: Consultant agrees that he/she is an independent
contractor and will not become an employee of County,nor is the consultant entitled to any
employee benefits as a County employee as a result of the execution of this Agreement.
Page 2 of 3 �,
6. INDEMNIFICATION:Consultant shall indemnify County,its officers and employees,against
liability for injury or damage caused by any negligent act or omission by Consultant in the
performance of this Agreement and shall hold County harmless from any such loss occasioned
as a result of the performance of this Agreement.
IN WITNESS WHEREOF, the parties have set their hands and official seals on the date indicated
above.
BOARD OF COUNTY COMMISSIONERS
MAL WELD COUNTY, COLORADO
County Clerk to the Board
:'ti•,�
•
i%6t 1:11).3, By
'6 David E. Long, Chair Ai:Ir, ) ;'' ,o3
�epu C erlc to the Boar
iv L. Scheltin ,
salaY Po 1 03
ATT • , SHARON
KAHL
Notary Public
�`Op C0\O
My Commission Expires May 15,?000
Page 3 of 3
Attachment A
UPPER FRONT RANGE 2030 TRANSPORTATION PLAN UPDATE
Scope of Work
Circuit Rider
The Upper Front Range Regional Planning Council is in the process of developing their 2030
Long Range Transportation Plan. This effort includes a technical assistance for small
communities under 5,000 in population. Colorado Department of Transportation (CDOT) and
the State Department of Local Affairs (DOLA) are providing funds to assist in this outreach
effort.
The Upper Front Range has 21 communities in Weld, Larimer, and Morgan Counties that qualify
for this consideration. The Upper Front Range has determined that a transportation technical
assistance circuit rider would be of benefit to these communities during the long range plan
process.
Tasks: The Circuit Rider position will work with Upper Front Range staff, the primary
consultant Felsburg, Holt, and Ullevig, and CDOT to coordinate efforts and facilitate the best
approach to meeting the needs of the small communities. This will include meetings with the
above parties and possibly meetings with the communities themselves.
It is anticipated that the communities will use the Circuit Rider as a resource to ask questions and
participate fully in the Regional Planning process. This includes offering assistance in answering
questions and concerns and serving as a technical writer for any community that needs assistance
in submitting projects or information into the Regional Plan. The Circuit Riders' time will be
scheduled as efficiently as possible, to make the best use of travel and meeting times and to use
the budget most effectively.
The Circuit Rider will spend the majority of time performing site visits, meeting with town
officials, technical writing and doing research to assist communities in project submittals.
The Circuit Rider is required to produce a brief report at the end of the process outlining the
assistance that was provided and identifying any areas that may need to be addressed.
Products: Technical information submitted on behalf of local governments for the Regional
Planning process. This would include a project submittal form, a complete description of the
project and any analytical information necessary to evaluate the project or other information as
needed for the Regional Plan.
A brief report, at the end of project, describing the work accomplished and identifying areas of
concern.
Meetings with the team working on the Regional Plan and possible meetings with the
communities.
Timeline: The Circuit Rider will be available during the course of the Regional Plan process,
July 2003 to August 2004, with the majority of work accomplished from October 2003 to
January 2004.
Billing: The billings will be submitted with descriptions of work performed, number of hours
and rate, and copies of receipts for expenses and mileage driven. This will include time and
materials and be in accordance with the payment section of the Agreement.
61111
MEMORANDUM
CTO: Carol Harding, Clerk to the Board DATE : August 19, 2003
COLORADO• FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's August 25, 2003, agenda.
Agreement for Professional Engineering Consulting Services with Drew L. Scheltinga,
P.E. for the Upper Front Range 2030 Plan Update.
The appropriate documentation is enclosed.
Enclosures
pc: Frank B. Hempen, Jr.
M:1Francie'Signatureltem.DOC
2003-2502
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