HomeMy WebLinkAbout20031873.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTING
SERVICES AND AUTHORIZE CHAIR TO SIGN - CRAIG HOUDESHELL
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 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 Craig
Houdeshell,commencing June 30, 2003, and ending December 31,2003,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 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 Craig Houdeshell 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 21st day of July, A.D., 2003, nunc pro tunc June 30, 2003.
BO D OF COUNTY COMMISSIONERS
�0 WEL UN Y, COLO DO
ATTEST:
�'���/a
David E. Long, Chair
ry/nTr
� ' �•- ' •.,, Clerk to the Board 4 I �_ /J EXCUSED
Robert D. den, Pro-Tem
k to the Board 41,1,1
Pi% . illee
���J�D S TOO'' : •
William H. Jerke
ounty Attorne, EXCUSED
Glenn Vaad
Date of signature: 93
2003-1873
EG0047
i0 P
AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES
THIS AGREEMENT,made and entered into this �+
�jV day of --rnM,e7 2003,by
and between THE COUNTY OF WELD, STATE OF COLORADO, by and through its Board of County
Commissioners, hereinafter called the "County" and Craig C. Houdeshell, P.E., 2280 South Xanadu Way,
Suite 350,Aurora,Colorado 80014,hereinafter called the "Consultant."
WITNESSETH:
WHEREAS,Weld County,Colorado,requires services of a consulting civil engineer on its behalf in
order to aid the Public Works Department in reviewing land development applications, and
WHEREAS,it is necessary and appropriate that Weld County obtain the services of a consulting civil
engineer in order to assist the County Engineer in the performance of his duties, 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
December 31, 2003 and shall be renewed automatically on a yearly basis thereafter, 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 may from time-to-
time be requested in writing by the County Engineer, such as, review of drainage studies
submitted to Weld County by land development applicants,coordinate reviews with the Weld
County Planning and Public Works Departments,provide written comments,attend meetings
as needed,present findings at public meetings and hearings as needed. The Consultant shall
perform the professional services described herein and in the Proposal in a timely and
professional manner.
3. COMPENSATION: Consultant shall submit in writing a"not to exceed"price,per project,
as requested by County. The price for the initial term of the agreement shall be based on
direct costs, such as,travel,reproduction, and hourly billing rates as follows:
II
Billings shall be made to Weld County Public Works,P.O.Box 758, 1111 H Street,Greeley,
CO 80632 and will be paid within thirty (30)-days upon receipt unless disputed by the
County.
,bWeib.11.E.® a,ew.d.o,�. Page 1 of 3
a7003 -1 k 73
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.
�4A M o m .�,�. ,_.a.d..R. gC�l.o.� Page 2 of 3
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.
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.
[N WITNESS WHEREOF, the parties have set their hands and official seals on the date indicated
above.
BOARD OF COUNTY COMMISSIONERS
i
WELD COUNTY, COLORADO
ATTEST
Weld County rk t%` =��
, r .
861 4
x0 r�� By:
,;_� 1 David E. Long, Chair L 2003
Deputy Clerk to the':rlLil
Craig C. Houdeshell ABy:1111:77"
Title: 7`LlS7 4eO
Corporate PRESIDENT or VICE PRESIDENT
Date: 61-- 3O -03
ATTEST. (Corporate Seal)
Corporate Secretary
,,,._2.,
c 3-442/3
"Exhibit A"
SCHEDULE OF FEES
Weld County Contract 2003
Billable Rates for Staff
Principal Engineer $78.00 per hour
Project Engineer $68.00 per hour
Staff Engineer $60.00 per hour
Drafting Technician $42.00 per hour
Clerical Staff $35.00 per hour
Direct Expenses
Mileage $0.35 per mile
Small Format Reproduction $0.10 per page (81/2 by 11)
$0.14 per page (legal and 11 by 17)
Large Format Reproduction
Blacklines $0.60 per square foot
Mylars $4.50 per square foot
Outside Consultants Cost plus 12 percent
Other Travel Expenses Cost
Legal testimony and depositions are billed at $125.00 per hour
--Schedule of Fees Through December 31,2003--
ecircRECEIVE.D
ENGINEERING DESIGN&
RESEARCH CORPORATION JUL 7 2003
June 30, 2003
WELD StUNTY
PUBLIC WORKS DEPT
Mr. Peter Schei, P.E.
Weld County Public Works
P.O. Box 758
1111 H Street
Greeley, Colorado 80632
RE: Letter of Transmittal
Agreement for Professional Engineering Consulting Services
Dear Peter:
Please find attached one signed copy of the subject agreement. Engineering Design and Research
Corporation is pleased to be providing design review services and professional consultation to
Weld County.
In addition to our expertise in drainage and flood control, EDRC can provide the county with
expertise in:
1) Overall design review,
2) Writing development submittal criteria, and;
3) Capital improvement design
Please forward us a copy of the signed contract. Also, please call if you have questions or
comments.
Sincerely,
EDR
C ig . Hou shell, P.E.
resident
303-873-6603 • Fax— 303-873-6604
2280 South Xanadu Way • Suite 350 • Aurora, Colorado 80014
MEMORANDUM
CTO: Clerk to the Board DATE: July 10, 2003
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Item for Agenda
Please submit the enclosed items for the Board's next agenda:
Agreement for Professional Engineering Consulting Services with Engineering Design&
Research Corporation
The appropriate documentation is enclosed
Enclosures
pc: Peter Schei, Public Works
M:FRANCIE\AGENDA-3.DOC
2003-1873
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