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Home My WebLink About20012415 RESOLUTION RE: APPROVE TWO CONTRACTS FOR CONSULTANT ENGINEERING SERVICES FOR BRIDGE PROJECTS ON WELD COUNTY ROADS 13 AND 27 AND AUTHORIZE CHAIR TO SIGN - SEAR-BROWN 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 two Contracts for Consultant Engineering Services for Bridge Projects on Weld County Roads 13 and 27 (aka 83rd Avenue) 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 Sear-Brown, with terms and conditions being as stated in said contracts, and WHEREAS, after review, the Board deems it advisable to approve said contracts, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the two Contracts for Consultant Engineering Services for Bridge Projects on Weld County Roads 13 and 27 (aka 83rd Avenue) 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 Sear-Brown be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contracts. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of August, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO p� ATTEST: atetki h Weld County Clerk to t, �t, �°��i M. J. eile, Ch itr •% > Glenn Vaad, r BY: Deputy Clerk to the Boar: 1 ) Let,----- Williaerke� R ED AS T RM: e�y(1,�1(1t r�Qr vid E. Long >egunty At orney � 1u� / Robert D. Masden Date of signature: 9(/c) 2001-2415 Ei Sea r- 4ro EG0041 *141. 1 (01-: MEMORANDUM CTO: Clerk to the Board DATE: August 20, 2001 • COLORADO FROM: Frank B. Hempen, Jr. Director of Public Works/County Enginee SUBJECT: Agenda Item Please submit the following items for the Board's agenda Monday, August 27, 2001 for the Chair's signature. Permit for man-made structures located within 200 feet of mining limits (USR-1326) Contract- Bridge WEL027.0-058.OA Contract-Bridge WEL013.0-026.OA The appropriate documentation is enclosed. Fri Enclosures pc: Donald Carroll ., Cameron Parrott County Road file Bridge file 2001-2415 CONTRACT THIS CONTRACT, made and entered into this 27th day of August 20 01 , by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "County," and WHEREAS, SEAR-BROWN will hereinafter be referred to as the "Consultant," WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in the Weld County Road and Bridge Fund; and WHEREAS,required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the County requires consultant engineering services for a project identified as Bridge WEL013.0-026.0A(BRO C030-023)to perform engineering hereinafter referred to as "the Work"; and WHEREAS,by its Invitation for Consultant Services,advertised on June 14,2001,the County sought statements of interest from persons qualified to perform the work from which to select the responsible Consultant; and WHEREAS, the selection of the Consultant by, the County was based upon a comparative evaluation of the professional qualifications necessary for the satisfactory performance of the work, in relation to other available Consultants so qualified and in conformity with the principle of selection of the most highly qualified Consultant for the Work; and WHEREAS, the County deems it to be in the public interest to engage the Consultant to perform the aforementioned services; and WHEREAS, the County and the Consultant desire to enter into this contract; and WHEREAS, it has been determined that no County agency can reasonably provide "in house" services required of the Consultant; and NOW, THEREFORE, it is hereby agreed: m:\agreemnt\sear-brown BR13-26A.agr 1 ARTICLE I DESCRIPTION OF THE WORK SECTION 1. WORK LOCATION The Work is on Weld County Road (WCR) 13 as more specifically identified in Exhibit A (Scope of Work),which is attached hereto and made a part hereof. SECTION 2. SCOPE OF WORK A. The work under this contract shall consist of engineering as more specifically described in Exhibit A. B. The parties may supplement this contract in writing to provide additional Consultant services on this project as requested by the County. C. If the County changes the scope of the work, then an adjustment in contract terms may be negotiated and implemented by written supplemental contract or change order. Any claims by the Consultant for such an adjustment must be made by the Consultant to the County in writing describing the basis; therefore, prior to the Consultant's performing any work or incurring any cost to be covered in the anticipated supplemental contract or change order. Any work performed or cost incurred by the Consultant without first providing such notice and executing a supplemental contract or change order shall be deemed to be covered by the compensation and time for performance provisions of this contract. ARTICLE II COMMITMENTS ON THE PART OF THE CONSULTANT SECTION 1. GENERAL REQUIREMENTS A. The Consultant shall undertake and faithfully fulfill the requirements of this contract. B. Pursuant to the County's written Authorization to Proceed, the Consultant shall perform the work described in Exhibit A in close cooperation with the County and in accordance with the schedule and provisions of this contract in a manner acceptable to the County. C. The Consultant shall be responsible for the work being accurate and complete. D. If performance and/or completion of the work requires the acquisition of computer software by the Consultant, such software shall be acquired in compliance with the procurement requirements of the Colorado Procurement Code and Procurement Rules and 48 CFR 18, and the license for such software shall be transferred to County as a deliverable at the end of the contract. 2 SECTION 2. COMMENCEMENT AND COMPLETION OF THE WORK A. The Consultant agrees to begin performance of the work on the date indicated in the County's written "Authorization to Proceed", as provided in Article III, Section 3, Paragraph B, herein. The date indicated in the "Authorization to Proceed" shall be the date upon which all contract time-count for completion of the Work shall be based. B. Except as may be changed by supplemental contract,the Consultant shall complete the design work phase within 175 calendar days from the date set for commencement of the work in the written Authorization to Proceed, exclusive of all days lost for review and approvals by the County, or by other official agencies whose approval must be obtained by the County. All days lost for review shall be documented in the Consultant's certified progress reports. SECTION 3. CHANGE ORDER LETTERS A. During the term of this Contract and subject to the terms of this Section,the County may make changes only to the specifications and/or to the scope/statement of work within the general scope of this contract through a bilateral "Change Order Letter," for any of the following reasons: (1) Where agreed changes result in no adjustment to the cost, delivery schedule, or other terms and conditions of the contract,the change letter will contain a mutual release of claims for adjustment of price, cost, time for performance, or other terms and conditions, whether based on costs of changed work or direct or indirect impacts on unchanged work, as a result of the change; or (2) Where the changes to the contract are priced based on the unit prices to be paid for the goods or services in Exhibits A and B; or (3) Where the changes to the contract are priced based on established catalog prices generally extended to the public. B. The written Change Order Letter will be substantially in the form at Exhibit C, and it must bear the signature of the Board of County Commissioners and of the Consultant. The Change Order Letter must also be signed by the Board of Weld County Commissioners, except where the parties agree on the face of the Change Order Letter that no price/cost, schedule or other contract adjustments to the Contract are required as a result of the Letter. C. The Change Order Letter shall refer to the basic contract and include a detailed description of the changes to the contract,the price or cost ceiling adjustment, the effective date, and (where applicable) the time within which the changed work must be done. D. Any other proposed changes or modifications to this Contract that do not comply with the terms of this Section must be executed by a formal Contract Amendment, approved in accordance with state law rather than by Change Order Letter. 3 ARTICLE III COMMITMENTS ON THE PART OF THE COUNTY SECTION 1. GENERAL REOUIREMENTS A. The County shall provide those services and single copies of those publications which are described in Exhibit A. B. The County's reproduction facilities will not be available to the Consultant. SECTION 2. SERVICES BY COUNTY A. The County will provide access to County computer resources to the Consultant for the work only as expressly provided in Exhibit A. SECTION 3. COUNTY OBLIGATIONS A. The County's Project Manager is designated to inspect the work and to coordinate all stages of the work. Notwithstanding such inspection and coordination, the Consultant shall remain solely responsible for the accuracy and completeness of the work. B. Subsequent to execution of this contract by all required signatories, the County shall notify the Consultant, in writing, to commence work,by an"Authorization to Proceed" (Article 11, Section 2, Paragraph A). C. Upon written notice from the Consultant of the existence of causes over which the Consultant has no control and which may delay the work, the County may, if it finds said causes sufficient, extend the time specified in Article 11, Section 2, Paragraph B for completion of the work by a supplemental contract. D. County consent to the formal submittals by the Consultant must be given in writing in all instances. If verbal consent is first given by the County in the interest of progressing the work, it shall be confirmed in writing by the County as quickly as possible. ARTICLE IV COMPENSATION FOR THE WORK SECTION 1. ESTIMATED COST AND FIXED FEE A. The estimated cost of the services described in Exhibit B is the sum of direct labor costs, indirect costs, other direct costs, subconsultant costs, and a fixed fee, as detailed in the Consultant's final cost proposal for the services which is attached hereto and made a part hereof as Exhibit B. Subject to the terms of this contract, including but not limited to,Article IV, Section 1.3.B.(3) and Article 11, Section I.D., Consultant billings and County payments 4 shall be based upon the utilization of a fixed indirect cost rate of 141.0 percent of direct labor costs. B. Subject to the terms of this contract,the Consultant will be compensated for performance of the work as provided herein. Such payment shall be full compensation for work performed or services rendered and for all incidentals necessary to complete the work. Payment to the Consultant for work accomplished by the Consultant or any subconsultant under the terms of this contract shall be made on an hourly basis according to the fee schedule in Exhibit B. (1) The total compensation due the Consultant for the full performance of the work described in Exhibit A shall be the sum of the actual direct labor costs, the indirect costs, other direct costs, and subconsultant costs, as determined by final audit within three years of the final billing for Consultant services. This total shall not exceed the estimated maximum cost without the benefit of a supplemental contract executed before the work or cost to be covered in such a supplement is performed or incurred. (2) The County shall retain approval authority over all reimbursable cost items incurred. The Consultant shall remain within the estimated maximum cost of$280,895.00. During the progress of the work, if the Consultant determines, based upon Consultant's monitoring of costs, that the work cannot be concluded within the estimated costs, the Consultant shall immediately notify the County in writing of such determination and, after consultation with the County, shall cease work before the costs exceed the maximum cost of the contract until the County supplements this contract by a change in funding, a change in work program,or a combination of both. (3) All cost and revenue records of the Consultant shall be available for inspection by authorized State, County, and FHWA personnel during normal business hours at the offices of the Consultant and reasonable copies of such records shall be supplied by the Consultant at no cost to the County upon request. SECTION 2. COST OF CONTRACT The total cost of this contract shall not exceed a maximum of$280,895.00 without benefit of a written supplemental contract executed before the work or cost to be covered in such a supplemental contract is performed or incurred. Any work performed or cost incurred by the Consultant,which exceeds the maximum cost specified above without a prior supplemental contract authorizing such work or cost shall be deemed to be covered by the compensation and time for performance provisions of this contract. ARTICLE V 5 GENERAL PROVISIONS SECTION 1. LEGAL RELATIONS AND RESPONSIBILITIES i. Appendix A entitled "Legal Relations and Responsibilities to the Public," "Special Provisions," Appendix B "Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered Transactions" and Attachment LO "Certification for Federal-Aid Contracts" are attached hereto and hereby made a part of this contract. For purposes of the special provisions the Consultant shall be "the Consultant". ii. The Consultant shall be responsible for compiling the information for and obtaining the signatures upon the "Certification of Consultant" which is attached hereto and hereby made a part of this contract. iii. The Consultant shall carry Professional Liability Insurance to protect the County from any losses incurred as a result of the Consultant's errors or omissions in the performance of the work. SECTION 2. FUNDING This contract shall be payable from the County Road and Bridge Fund. The maximum cost to the County shall not exceed $280,895.00 as set forth in Article IV, Section 1, subject to the conditions for a supplemental contract or funding letter, as set forth in herein. SECTION 3. FUNDING LETTERS Under this Contract, the Consultant has agreed to provide the services at the rates and on the terms as described herein as needed to satisfactorily perform and complete the Contract work, subject to the availability of funding. A. Funds are currently available and encumbered for the work in the amount specified above. However, the total quantity(ies) of the services to be provided by the Consultant to complete the work, and the resulting total funding amount(s) to be provided by the County in exchange therefore, as described in this Contract or otherwise made known to the Consultant, are only estimated. B. If the County determines,unilaterally,that it has underestimated/overestimated these total quantity(ies), it has the right to take the following action(s): 1. To increase/decrease the amount of available funds under this Contract; and/or 2. To order more/less of the same services on the same rates and terms during the term of this contract, in accordance with the ordering provisions of this contract. Provided that the Consultant shall not accept any orders which create a financial obligation of the County exceeding the specified amount of 6 available funds (as may be increased under this section), and the Consultant shall notify the County when County commitments, paid and unpaid, are within 10% of that amount. The County shall not be liable beyond that amount. In the event of either action,the County will notify the Consultant thereof by Funding Letter. The Funding Letter will be in a form substantially equivalent to that in Exhibit D, and it shall not be deemed valid until it shall have been approved by the Board of Weld County Commissioners. SECTION 4. NOTICES All communications relating to the day-to-day activities for the work shall be exchanged between the County's Project Manager and the Consultant's Project Manager. All other notices and communications in writing required or permitted hereunder shall be deemed to have been given when delivered personally to the respective representatives of County and Consultant, set forth below, or when deposited in the United States Mail,properly addressed and with first class postage fully prepaid. Until changed by notice in writing, all such notices and communications shall be addressed as follows: If to County: If to Consultant: Drew Scheltinga, P.E. Phil Weisbach, P.E. Engineering Manager Principal Weld County Public Works Dept. Sear-Brown. P.O. Box 758 209 South Meldrum Greeley, CO 80652-0758 Ft. Collins, CO 80521 SECTION 5. CONFLICTS Should a conflict occur between the provisions of this contract proper and Exhibit A or attachments hereto, the provision of this contract proper shall govern. SECTION 6. INDEPENDENT CONSULTANT THE CONSULTANT SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONSULTANT AND NOT AS AN EMPLOYEE. NEITHER THE CONSULTANT NOR ANY AGENT OR EMPLOYEE OF THE CONSULTANT SHALL BE, OR SHALL BE DEEMED TO BE, AN AGENT OR EMPLOYEE OF THE COUNTY, AND THEY SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE COUNTY TO ANY AGREEMENTS, SETTLEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONSULTANT SHALL BE RESPONSIBLE TO THE COUNTY FOR THE ULTIMATE RESULTS OF PERFORMANCE REQUIRED HEREUNDER, BUT SHALL NOT BE SUBJECT TO THE DIRECTION AND CONTROL OF THE COUNTY AS TO THE MEANS AND METHODS OF ACCOMPLISHING THE RESULTS. THE SPECIFICATIONS IN THIS CONTRACT OF PARTICULAR PERFORMANCE STANDARDS 7 THAT THE COUNTY DEEMS ESSENTIAL TO PROPER PERFORMANCE AND CONTRACT VALUE SHALL IN NO EVENT BE DEEMED TO ALTER THIS RELATIONSHIP. THE CONSULTANT SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING ALL FEDERAL AND STATE INCOME TAX ON ANY MONEYS PAID PURSUANT TO THIS CONTRACT. THE CONSULTANT SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCES AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONSULTANT, ITS EMPLOYEES AND AGENTS. THE CONSULTANT ACKNOWLEDGES THAT THE CONSULTANT AND ITS EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS OF WORKERS COMPENSATION INSURANCE OR UNEMPLOYMENT INSURANCE UNLESS THE CONSULTANT OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE COUNTY DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SECTION 7. TERM OF CONTRACT The term of this contract shall begin upon the date first written above and extend to the date of final payment for the work or final audit of the work, whichever is pertinent to this contract, unless earlier terminated by the County. SECTION 8. SIGNATURE AUTHORITY The Consultant represents and warrants that it has taken all actions that are necessary or required by internal procedures and bylaws, and applicable law, to properly authorize the undersigned signatory for the Consultant to lawfully execute this contract on behalf of the Consultant and to bind the Consultant to its terms. SECTION 9. CONFLICT OF INTEREST The Consultant represents and warrants that it currently has no interest, and shall not acquire any interest, direct or indirect,that would conflict in any manner or degree with the performance of the Consultants services under this contract. The Consultant further covenants that, in the performance of this contract, it will not employ any person or firm having any such known interests. SECTION 10. TERMINATION PROVISIONS This contract may be terminated as follows: A. Termination for Cause. If, through any cause, the Consultant shall fail to fulfill, in a timely and proper manner,his obligations under this contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate this contract for cause by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,photographs, and reports or other material prepared by the Consultant under 8 this contract shall, at the option of the County, become its property, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding above,the Consultant shall not be relieved of liability to the County for any damages sustained by the County by virtue of any breach of the contract by the Consultant, and the County may authorize any payment to the Consultant for the purposes of setoff until such time as the exact amount of damages due to the County from the Consultant is determined. If after such termination it is determined, for any reason, that the Consultant was not in default, or that the Consultant's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. B. Termination for Convenience. The County may terminate this contract at any time the County determines that the purposes of the distribution of County monies under the contract would no longer be served by completion of the work. The County shall effect such termination by giving written notice of termination to the Consultant and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Termination for Cause shall, at the option of the County,become its property. If the contract is terminated by the County as provided herein,the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this contract, less payments of compensation as the services actually performed bear to the total services of the Consultant covered by this contract, less payments of compensation previously made, provided, however, that if less than sixty percent (60%) of the services covered by this contract have been performed upon the effective date of such termination, the Consultant shall be reimbursed(in addition to the above payment) for that portion of the actual out-of- pocket expenses (not otherwise reimbursed under this contract) incurred by the Consultant during the contract period which are directly attributable to the uncompleted portion of the services covered by this contract. But if this contract is terminated for cause,or due to the fault of the Consultant, the Termination for Cause provision shall apply. C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Consultant is to be paid, reimbursed, or otherwise compensated with federal funds provided to the County for the purpose of contracting for the services provided for herein, and therefore, the Consultant understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon 9 receipt of such finds by the County. In the event that such funds or any part thereof are not received by the County,the County may immediately terminate or amend this contract. SECTION 11. MAINTENANCE OF RECORDS The Consultant shall maintain a complete file of all records, documents, communications, and other written materials which pertain to the operation of programs or the delivery of services under this contract, and shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder,whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. All such records, documents, communications and other materials shall be the property of the County, and shall be maintained by the Consultant in a central location and the Consultant shall be custodian on behalf of the County. SECTION 12. INSPECTION OF RECORDS The Consultant shall permit the County, State, and Federal government, or any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, and/or transcribe the Consultant's records during the term of this contract and for a period of three (3) years following termination of this contract or final payment hereunder,whichever is later,to assure compliance with the terms hereof, or to evaluate the Consultant's performance hereunder. The Consultant shall also permit these same described entities to monitor all activities conducted by the Consultant pursuant to the terms of this contract. As the monitoring agency may in its sole discretion deem necessary or appropriate, such monitoring may consist of internal evaluation procedures, examination of program data, special analyses, on-site check, or any other reasonable procedure. SECTION 13. SURVIVAL OF CONTRACT TERMS Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the County as provided herein in the event of such failure to perform or comply by the Consultant. SECTION 14. MODIFICATION AND AMENDMENT This contract is subject to such modifications as may be required by changes in federal or state law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. SECTION 15. SEVERABILITY To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable,and should any term or provision hereof be declared invalid or become inoperative for any 10 reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. SECTION 16. LIMITATION TO PARTICULAR FUNDS The parties hereto expressly recognize that the Consultant is to be paid, reimbursed, or otherwise compensated with funds provided to the County for the purpose of contracting for the services provided for herein, and therefore,the Consultant expressly understands and agrees that all its rights, demands, and claims to compensation arising under this contract are contingent upon receipt of such funds by the County. In the event that such funds or any part there of are not received by the County, the County may immediately terminate this contract without liability for termination costs or the work anticipated to be completed after the date of termination; however, the Consultant shall be entitled to payment for any work completed prior to the date of termination. SECTION 17. COMPLETE UNDERSTANDING This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion,or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the County Fiscal Rules. SECTION 18. ASSIGNMENT This contract is in the nature of personal services, and the Consultant may not assign its rights or duties under this contract without the prior written consent of the County. SECTION 19. SUCCESSORS AND ASSIGNS Except as herein otherwise provided,this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 20. ENTIRE AGREEMENT/BINDING EFFECT The writing, together with the exhibits hereto,constitutes the entire Agreement between the parties and shall be binding upon said parties,their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors,heirs,personal representatives,successors and assigns of said parties. SECTION 21. NO WAIVER OF IMMUNITY No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. SECTION 22. NO THIRD PARTY BENEFICIARY ENFORCEMENT 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 11 undersigned parties and nothing 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 an incidental beneficiary only. ) IN THE S WHEREOF, the parties hereto have executed this contract the�� day of CONSULTANT: By �YA1ie44AN/eSn Title J titemAltee4 C rivet CIs. 2 S o Roc4s:tin.. P4Y N Is 18 Address: ATTEST: I'l 71% COUNTY: Weld County Cler to th- C`t • ' i �a�, By: i'� %uco` .� By: Deputy Clerk to the � - � M. J. eile, Chair (08/27/2001) e `ti Board of County Commissioners of the ��.��I� County of Weld, State of Colorado m:wpfiles\agreemntsear-brown BR13-26A.agr 12 EXHIBIT A SCOPE OF WORK PROJECT SPECIFIC CONTRACT TYPE: Cost Plus Fixed Fee DATE: July 13, 2001 PROJECT NUMBERS: BRO C030-023 (13495) and BRO C030-021 (13363) PROJECT LOCATIONS: WCR 13 at St. Vrain Creek and WCR 27 at Sheep Draw THE COMPLETE SCOPE OF WORK INCLUDES THIS DOCUMENT AND ATTACHED DOCUMENTS FROM SMITH ENVIRONMETA AND GEOCAL PROJECT SPECIFIC Table of Contents Description Page Section 1 Project Specific Information 1 Section 2 Project Management and Coordination 2 Section 3 Project Description 3 Section 4 Known Existing Features 17 Section 5 Items To Be Furnished by CDOT 17 Section 6 General Information 17 Section 7 Contract Conclusion 18 SCOPE OF WORK- July 13, 2001 PART 1 PROJECT NO. BRO C030-023 (13495) and BRO C030-021 (13363) WCR 13 at St. Vrain Creek and WCR 27 at Sheep Draw SECTION 1 PROJECT SPECIFIC INFORMATION 1.01 Planned Improvement. - The general planned improvement is to replace two existing bridges, one on Weld County Road 13 at St. Vrain Creek(structure number WEL013.0-026.0A) and the other on Weld County Road 27 at Sheep Draw (structure number WEL 027.0-058.0A). Both bridges are currently 2 lanes with 2-foot shoulders. The new bridges will be 4 lanes with 2.5-foot curb and gutter and sidewalks on each side. 1.02 Project Goal. This project is intended to produce the following improvements: • Improved safety • Improved traffic capacity • Increased hydraulic capacity • Reduce the occurrence of flooding Project Location. The projects are located on WCR 13 and WCR 27 in Weld County, west of the town of Greeley. 1.04 Project Cost. The construction cost of these projects is estimated at $1,200,000 for BRO C030-023 (13495) and $600,000.00 for BRO C030-021 (13363) 1.05 Work Duration. The time period for the design work described in this scope is approximately 120 calendar days, excluding delays and agency review time. The time period for the construction services included in this scope is approximately 180 calendar days. 1.06 Consultant Responsibility. Under this Scope, the Consultant is responsible for Project Initiation and Continuing Requirements, Project Development, Preliminary Design, and Final Design for Structure WEL013.0-026.0A and Structure WEL027.0-058.0A. 1.07 Work Product. The Consultant work products are: • Project schedule, management and coordination • Reports • Field Inspection Review (FIR)Plans • Final Office Review (FOR) Plans • Construction Documents • Construction Management and Administrative Duties 1 Detailed work product requirements are described in the following sections and in Part 2. 1.08 Work Product Completion. All submittals must be accepted by the Weld County Contract Administrator or his designee. This project will be completed in English units. 1.09 Additional Project Information. Additional information regarding this project is included in the following documents: • Previous Weld County as-constructed project plans 1.10 Scope of Work Organization. Project Scopes of Work are divided into three parts, a project specific section (Part 1), Part 2 which includes general descriptions of preconstruction task description, and Part 3 which includes services after the design. Part 1 is attached to the contract. The remaining Parts 2 & 3 and Attachments A, B, and C are included in the scope but are distributed separately from the contract. SECTION 2 PROJECT MANAGEMENT AND COORDINATION 2.01 CDOT Contacts. The Contract Administrator for this project is: Drew Sheltinga, P.E., Engineering Division Manager, Weld County Department of Public Works Active day-to-day administration of the contract will be delegated to: Name: Cameron Parrott Title: Civil Engineer Address: Weld County Department of Public Works 1111 H Street, P.O. Box 758 Greeley, Colorado 80632 Telephone: (970) 356-4000 Fax: (970) 304-6497 2 2.02 Project Coordination. Coordination will be required with the following: Adjacent residents City of Greeley Colorado Department of Transportation US Army Corps of Engineers Federal Emergency Management Agency (FEMA) Utility Companies Colorado Water Conservation Board The Consultant should anticipate that a design which affects an agency will have to be accepted by that agency prior to its acceptance by Weld County. Submittals to affected agencies will be coordinated with Weld County. SECTION 3 PROJECT DESCRIPTION 3.01 Background: The bridge over the Saint Vrain Creek is a narrow ten span structure inadequate to carry anticipated traffic. The Sheep Draw bridge is a single span structure placed in a well defined channel. Both structures are obsolete and subject to inadequate capacity during flooding of their respective channels. 3.02 Project Limits: It is anticipated that each project will provide for the length of the new structure plus enough roadway length to accommodate guardrail and minimum length tapers on each end of the bridges. 3.03 Work Elements: The following work elements are included in this Scope: A. Project Initiation and Continuing Requirements 1. An on-site kickoff and scoping meeting will be held to discuss project characteristics and requirements and to become familiar with existing requirements. This meeting will be coordinated and documented by the Consultant. The Consultant will be required to review environmental mitigation requirements and ensure that they are addressed in the design plans. 2. A project schedule will be developed showing the critical paths and important milestones. 3. Right of Entry and Permits - Field survey is required and will be performed by the Consultant. Any right of entry or permits necessary to accomplish this task will be the responsibility of the Consultant. 4. Design Coordination—The Consultant will be responsible for coordinating work tasks being accomplished by all parties under this particular contract to ensure project work completion on schedule. 5. Project Administration/Invoicing—The Consultant will prepare and submit monthly invoices in Weld County format with necessary backup documentation. 3 B. Project Development 1. The Consultant will be responsible for contributing to and helping to maintain Communication and Consensus Building. As part of this, the Consultant will be responsible for providing input and information and helping develop a communications plan. The Consultant will be responsible for the following activities during this phase of work: 2. Small Group Meeting. It is anticipated that one small group meeting will be required. The purpose is to meet with property and business owners or others directly affected by the project work to identify likely impacts and discuss possible mitigation or resolutions. C. Preliminary Design 1. Design Field Survey- All design field survey will be performed by the Consultant in electronic format in English units. The limits of the field survey will extend along County Roads 13 and 27 for approximately 1000' on either side of the bridges. Existing records will be researched for available monumentation. This scope assumes corner ties and four descriptions and exhibits per bridge. 2. Right of Way - All available highway right of way and ownership information will be provided by CDOT. Right of way research and preparation of ownership map are included in this Scope of Services and include the identification of approximate right of way ownership using available information provided from assessor's maps, as-constructed plans and subdivision plans for the properties within the immediate vicinity of the bridge. 3. Geotechnical and Materials Engineering— See attached Scope of Services prepared by Geocal, Inc. 4. Hydrology/Hydraulic Engineering -Preliminary and final hydraulics and hydrologic engineering for both the Saint Vrain Creek and Sheep Draw Creek will be included in this project. 5. Utility Coordination (a) The Consultant will be required to obtain utility location maps from the utility companies which identify utility locations within the project area. (b) The Consultant will be required to perform field reviews and investigations to adequately determine the correct horizontal and vertical location of utility facilities. Subsurface utility investigations ("potholing") are not included in the Scope of Services. Potholing can be supplied, if needed, as an additional service to this contract. The Consultant will also be responsible for showing the locations 4 on the plans and details. (c) The Consultant will be responsible for making relocation or adjustment recommendations. These recommendations will be reviewed by the CDOT/PM and the CDOT Utility Coordinator. Coordination and review of recommendations will be required with the affected utilities required. It is anticipated that the design of utility relocations such as waterlines, gas lines, electric lines, if required, will be provided by the utility owner. If the design of utility relocations are required, they will be included as part of a future supplemental contract. (d) The Consultant will be responsible for the design requirements for existing ditch relocations and/or modifications, which will be coordinated with the affected ditch companies. 6. Environmental Design - See attached Scope of Services prepared by Smith Environmental. 7. Roadway Design 1. Coordinate efforts with other design activities as required. 2. Check and plot survey data. 3. Determine horizontal and vertical alignments for WCR 13 and WCR 27 and access roads/driveways. Draw a geometric layout of proposed alignments. The coordinate system used to identify key points will be compatible with the coordinate system used for the ROW. All roadway design will be performed in English units. 4. Determine the right of way requirements for construction. This should include both permanent and temporary ROW. This will be used in producing the ROW Ownership Map. 5. Prepare preliminary plans in accordance with CDOT Procedural Directive 514.1. 6. Compute preliminary earthwork quantities and show catch points on preliminary plans. 7. Investigate and review the need for any safety improvements needed within the project limits. Items to be considered are steep slopes, guard rail placement and substandard bridge rail. 8. Major Structure Design. The Consultant will be responsible for preparing major structure design for the bridges across St. Vrain Creek(WEL013.0-026.0A) and Sheep Draw (WEL027.0-058.0A). The Consultant will perform the following tasks associated with the above structure and these tasks will be coordinated with the Weld County Project Manager and CDOT/Staff Bridge: 5 a. Structural Data Collection will include the review and preparation of structure site data in accordance with P.D. 1905.2. This review will include the review of typical roadway sections, roadway horizontal and vertical alignments, utility locations and requirements, drainage information, right-of-way restrictions, and any architectural recommendations. Existing data regarding the structures will also be gathered and will include existing plans, inspection reports, structure ratings and foundation information. A field investigation of the existing structure will be made, with notification of the Resident Engineer. b. Structure Concept Study, Selection and Layout • Review the structure site data to determine the requirements that will control the structure size, layout, type, and rehabilitation alternatives. On a continuing basis, provide support data and recommendations as necessary to finalize the structure site data. • Determine the structure layout alternatives. For bridges, determine the structure length, width, and span configurations that satisfy all horizontal and vertical clearance criteria. For walls, determine the necessary top and bottom of wall profiles. • Determine the structure type alternatives. For bridges, consider precast and cast-in- place concrete and steel superstructures and determine the spans and depths for each. For walls, determine the feasible wall types in accordance with the CDOT Bridge Design Manual. • Determine the foundation alternatives. Consider piles, caissons, spread footings, and reinforced earth foundations based on geology information from existing structures and early estimates from the project geologist. To obtain supporting information, initiate the foundation investigation as early as possible during the preliminary design phase. • Determine the rehabilitation alternatives. Continued use of all or parts of existing structures shall be considered as applicable. The condition of existing structures shall be investigated and reported. Determine the modifications and rehabilitation necessary to use all or parts of existing structures and the associated costs. • Develop the staged construction phasing plan, as necessary for traffic control and detours, in conjunction with the parties performing the roadway design and traffic control plan. The impact of staged construction on the structure alternatives shall be considered and reported on. • Compute preliminary quantities and preliminary cost estimates as necessary to evaluate and compare the structure layout, type, and rehabilitation alternatives. • Evaluate the structure alternatives. Establish the criteria for evaluating and comparing the structure alternatives that, in addition to cost, encompass all aspects of the project's 6 objectives. Based on these criteria, select the optimum structure layout, type, and rehabilitation alternative, as applicable, for recommendation to Weld County. • Prepare preliminary general layout for the recommended structure. Prepare structure layouts in accordance with the CDOT Bridge Detailing Manual. Special detail drawings and a detailed preliminary cost estimate shall accompany the general layout. The special detail drawings shall include the architectural treatment. c. Structure Selection Report. The Consultant will prepare a structure selection report to document, and obtain approval for, the structures preliminary design. By means of the structure general layout, with supporting drawings, tables, and discussion, provide for the following: • Summarize the structure site data used to select and layout the structures. Include the project site plan, vertical and horizontal alignments at the structure, cross section, existing structure data including the sufficiency rating, construction phasing, utilities, hydraulic information, preliminary geology information for structure foundations and architectural requirements. • Report on the structure selection and layout process. Include a discussion on the structure layout, type and rehabilitation alternatives considered. Define the criteria used to evaluate the structure alternatives and how the recommended structure was selected. Provide a detailed preliminary cost estimate and general layout of the recommended structure. • Obtain acceptance by Weld County and CDOT on the recommended structure and its layout. The associated general layout, with the revisions required by the Weld County and CDOT review, will be included in the FIR plans. The structure selection report, with the associated general layout, must be accepted in writing by Weld County and CDOT prior to the commencement of further design activities. 9. Traffic Control/ Construction Phasing Plan. The Consultant will be required to develop a construction phasing plan which will integrate construction of all project elements. The recommended phasing plan will also be used in developing Final Design Packages for construction. 10. In House Quality Control Review—The consultant will conduct an independent QC review of the completed preliminary Roadway and Structure designs by a licensed Professional Engineer. This review is in addition to the Independent Design Check for the Major Structure Design that is required under Final Design. 11. Preparation for the FIR a) Coordinate, complete and compile all plan inputs from other activities for inclusion in the FIR submittal. These other activities will include materials, hydraulics, traffic, right of way and major structures. The major structure plans included in the submittal will be the CDOT 7 approved general layout. b) Prepare a preliminary cost estimate for the work included in the FIR plans. c) The FIR plans will include: • Title sheet • Typical sections for WCR 13 and WCR 27 and major accesses • General notes • Plan and profile sheets at 1"=50' scale will include existing topography, alignments, profile grades, existing ground lines, catch points, existing and required ROW, existing utility locations and rough structure notes. • Plan,profile and typical sections for St. Vrain Creek and Sheep Draw. • The FIR plans will be submitted to the Weld County PM prior to the FIR. • The construction phasing will be included as part of the FIR submittal. A preliminary Traffic Control Plan will not be required. • Structure general layouts as appropriate. 12. Field Inspection Review—The Consultant will be responsible for attending the FIR and will be responsible for documenting the FIR comments. The Consultant will resolve questions raised by the FIR in cooperation with the Weld County PM. All decisions will be documented and transmitted to the Weld County PM. Any variances from standard design criteria will have a written justification prepared and submitted to the Weld County PM. Comments received during the FIR will be used in developing the final design packages. D. Final Design 1. Design Coordination. The design for each aspect of the project shall be reviewed during periodic meetings and approved by the Weld County PM prior to inclusion in the final plans. Specifically the designs for each of the following must be coordinated: Roadway Geometry Hydraulics Permanent Signing & Striping Construction Phasing Guardrail Major Structure Design 2. Final Utility Design. Following the finalization of the roadway horizontal alignment and profile grade and the horizontal location of drainage structures, sewers, and other underground structures, coordinate with the Utility Engineer to finalize utility clearances. 3. Hydraulic Design. a. Storm Water Pollution Prevention Plan. Prepare the Storm Water Pollution Prevention Plan in accordance with 8 decisions made at the FIR and on additional investigation since the FIR. b. Major Structure Channel Design. The final design shall include: (1) The configuration, size and skew of the channel. (2) Water surface elevations. (3) Elevations, flowlines and hydraulic information as described in the CDOT Design Manual. (4) Channel erosion protection for the structure. (5) Recommend a low girder elevation for the type of structure proposed. (6) Estimate scour depth in the channel for the proposed structure, and recommend mitigation measures. c. Final Hydraulics documentation will consist of the following: (1) Hydraulics information in report form. (2) Bridge hydraulic information on a plan sheet (1 copy)which complies with the requirements included in Part 2 Section 2. The format of the report will be in accordance with the CDOT Design Manual. 4. Right-of-Way Plans. a. Right Of Way Plans will be prepared in accordance with the CDOT Right-of-Way Manual for a total of four ROW parcel acquisitions per bridge. Right-of-Way plan contents will include: - Sheet No. 1 TITLE SHEET. - Sheet No. 2 TABULATION OF PROPERTIES. If more than one sheet is required, following sheets will be numbered 2A, 2B, etc. - Sheet No. 3 TABULATION OF Right-of-Way MARKER. The Survey Manual provides examples of sheets following this requirement. The control survey will be depicted in a diagram form as shown in the Survey Manual. As above, additional sheets after the first are number 3A, 3B, etc. - Sheet No. 4 TABULATION OF ROAD APPROACHES. Same numbering as above. - Sheet No. 5 PLAN SHEET. If more than one sheet is required, the sheets will be numbered sequentially 6, 7, 8, etc. - As appropriate: OWNERSHIP MAPS. These sheets will be the following number after the "plan sheets". All original plan sheets will comply with the requirements of Part 2 Section 2. 9 b. The following information will be included in the Right of Way Authorization plans and/or submitted as separate documents as part of the Authorization Plan process: (1) Verify toes of slope on base map from earthwork data. (2) Plot existing ownership lines from preliminary ownership map. (3) Plot new Right-of-Way requirements and access control from design plans following the FIR on base map. Normal scale, 1" = 50' in urban areas, 1" = 100' in rural areas. (4) Calculate areas of parcels, easements, and remainders in accordance with CDOT Right-of-Way Manual. (5) Prepare ROW plan sheets on CDOT form 126-R as outlined in CDOT Right-of-Way Manual. (6) Prepare legal descriptions of parcels, easements and access control on CDOT forms No. 241-1 and 241-2 as directed by CDOT PM/ROW Manager and CDOT Right-of-Way Manual. (7) Prepare Tabulation of Properties sheet on CDOT form 136 as directed by CDOT Right-of-Way Manual. (8) Plot new Right-of-Way, Access Control, new easements, and lane lines on the preliminary ownership map. Revise numbering of ownerships to correspond to ROW acquisitions. (9) Prepare Right-of-Way Title Sheet (Mylar supplied by CDOT) as directed by CDOT Right-of-Way Manual. (10) Prepare Control Survey Plot for inclusion in plans. See Survey Manual for a sample. (11) Prepare Control and Monumentation Sheet (Survey Manual) including a complete list of Right-of-Way point to be set (i.e. ROW Angle Points), Section Corner, Control Monuments per CDOT Right-of-Way Manual. (12) Prepare Right-of-Way Tabulation of Road Approaches, if applicable, show Owner, Milepost/Station, Rt. or Lt. of Centerline, Width of Approach, Skew Angle, and any Remarks as directed by the CDOT Right-of-Way Manual. (13) Transmit originals of the plan sheets, title sheet, tabulation of properties sheet, and revised ownership map to CDOT. Transmit current updated title work(Memoranda of Ownership and/or Title Commitments per CDOT PM/ROW manager), calculations and supporting data(i.e., parcel diaries). Original sheets shall comply with Part 2 Section 2. 5. Materials Engineering. The Consultant will review the Pavement Design Report and the FIR plans to verify the validity of the pavement and stabilization design. Prepare the Stabilization Plan and submit it to the CDOT/PM for acceptance. 6. Traffic Engineering a. Permanent Signing/Pavement Marking Plans. (1) Inventory existing traffic controls. 10 (2) Prepare plan sheet with existing roadway, edge-of-travel way(ETW) shoulder, signs, structures, and topography. (3) Locate and place on the plans the required traffic controls (pavement markings, signs, etc.). (4) Prepare the "Tabulation of Signing Quantities." (5) Prepare the "Tabulation of Pavement Markings" and pavement marking quantities. (6) Prepare Traffic Specifications/Special Provisions. (7) Submit plans and specifications to the CDOT/PM for acceptance. (8) Submit the approved plans to the Design Engineer for inclusion in the project plans. b. Traffic Control Plan. It is anticipated that WCR 13 and WCR 27 will be closed to traffic during construction. (1) Prepare the traffic control plan. (2) Estimate quantities. (3) Submit the approved plans and quantities to the Design Engineer for inclusion in the project plans. 7. Roadside Planning and Landscaping. It is assumed that landscaping will be limited to native seeding. 8. Roadway Design. It is assumed the storm drainage will continue to sheet flow off the road into native soil. Swales flowing to the creeks will be shown if required 9. Final Major Structural Design. The design shall be in accordance with the AASHTO Standard Specifications for Highway Bridges, and the CDOT Bridge Design Manual. a. Structure Final Design. (1) Review Weld County accepted general layouts and comments. (2) Review Weld County accepted foundation recommendations. (3) Review Weld County accepted hydraulic report. (4) Revise the general layouts and proceed with the final design as necessary to incorporate all review comments. (5) Perform the structural analysis. Provide the superstructure and substructure design. Document with the design notes, detail notes, and computer output. (6) Perform preliminary design check from design and detail notes. b. Preparation of Structural Plans and Specifications (1) Request the standard details and specifications from CDOT Structure Reviewer(i.e., expansion devices, bearings and railings). (2) Prepare all detail drawings in accordance with the CDOT Bridge 11 Detailing Manual, CDOT Design Manual, and CDOT Drafting Manual. (3) Complete the computer runs/calculations. (4) Prepare the plan sheets. (5) Prepare special provisions applicable to the project. (5) Compute quantities and complete the quantity summary. c. Independent Design, Detail, and Quantity Check (1) Perform independent detail check and design check from plans. (2) Revise all plan sheets and design notes to reflect any deficiencies found in the design and detail check. (3) Check quantities. d. Bridge Rating and Field Packages (1) Prepare the rating packages in accordance with the CDOT Bridge Rating Manual. Prepare the Structure Field Packages in accordance with the CDOT Bridge Detailing Manual. e. Structure Final Review Plans and Specifications (1) Make final plan and special provision corrections. (2) Complete cross-referencing of plans. (3) Assemble the complete plans and special provisions and submit for the FOR plans. 10. Construction Phasing Plan. A final construction phasing plan will be developed which integrates the construction of all project work elements into a practical and feasible sequence. It is assumed that WCR 13 and WCR 27 will be closed to traffic during construction. 11. Plan Preparation for the Final Office Review. a. Coordinate the Packaging of the Plans. (1) Collect plans from all design elements and collate the plan package. (2) The construction phasing plan shall be included. (3) Calculate plan quantities and prepare the tabulations and Summary of Quantities. (4) Plan sheet scales will be as follows: Plan& Profile 1 Inch= 50 Feet b. New or revised utility locations shall be added to the plan topography. Conflicts shall be resolved and appropriate pay items/specifications added, to adjust utilities. c. The Final Office Review (FOR)plans shall include the following sheets (as appropriate): 12 Title Sheet Standard Plans List Typical Sections General Notes Summary of Approximate Quantities Appropriate Individual Quantity Tabulations Special Details Structure Details Bridge Hydraulic Information Sheet Roadway Plan and Profiles Channel Plan and Profiles Utility locations Storm Water Pollution Prevention Plan Signing and Striping Construction Phasing Structure Cross Sections Roadway Cross Sections with Quantities Note: This list may not include all the necessary sheets and may include some subjects not applicable to this particular project. The content of the plans will be as approved by Weld County. d. In addition to the plan sheets, the Special Provisions shall be provided. This will consist of those unique Project Special Provisions which have to be written specifically for items, details and procedures not adequately covered by CDOT's Standard Specifications and Standard Special Provisions. Also a list of the Standard Special Provisions which are applicable to the project shall be prepared. The Project Special Provisions shall be provided in the CDOT format and submitted with the project plans. e. Prepare the FOR estimate. Item numbers, descriptions, units and quantities shall be listed and submitted to the Weld County PM. f. Submit the FOR plans and specifications (originals) to the Weld County PM for a preliminary review prior to the FOR. g. The Consultant will submit 10 copies of %z size final FOR plans to the Weld County PM prior to the office review. 12. Final Office Review a. Attend the FOR. b. The FOR meeting minutes shall be prepared by the Consultant PM, approved by the Weld County PM, and distributed as directed. 13 13. Construction Plan Package a. The FOR original plan sheets and the specifications shall be revised in accordance with the FOR meeting comments and submitted to the Weld County PM within two (2)weeks after the FOR. b. The final review of the plans by Weld County may require final revision of the plans which shall be done by the Consultant. c. The bid plan construction contract package shall consist of the revised FOR plans and will completely describe the work required to build the project including project dated special provisions and detailed quantities. d. The Consultant shall submit a hard copy of the following: (1) Roadway -Profile -Staking -Earthwork Quantities -Mass Diagram -Terrain Listing -Roadbed Listing (2) Major structures. An independent set of the following shall be submitted for each bridge. (a) A letter to CDOT certifying that the Consultant understands and accepts the full responsibility for any changes (from plan reviews) and completeness, accuracy, constructability, and structural integrity of the final set of plans. (b) A complete and final set of original design notes for bridges and retaining walls (including output from computer programs). These notes shall include revisions reconciling any differences between the original design, the independent design check and any design changes resulting from subsequent reviews. (c) The complete and final set of design check notes for bridges and retaining walls. (d) Two sets of field packages: 8 '/Z" x 11" bridge geometry output and a set of the final quantity calculations as described in the CDOT Bridge Detailing Manual. 14 (e) The bridge rating package: Rating Summary sheet for girders and deck, rating information and hand calculation sheets, rating computer output, and electronic copy of rating input file. Refer to the Bridge Rating Manual for a description of these items. (3). Construction Engineer's action package. The Consultant shall submit 2 copies, in 3-ring binders of the following: (g) All project calculations or worksheets. (h) All final reports and their approvals: Traffic, hydraulics,pavement design and economic analysis, geology foundation report, etc. All reports will have the latest revisions included. (i) Copies of variances, design decisions, and variance approvals. 0) The F.I.R. and F.O.R. meeting minutes. (k) Utility clearance package, utility agreements and information regarding the utility location and clearance conditions. (1) Bridge Construction packet, which includes bridge grades, geometry, and quantity calculations or worksheets (m) Any other information unique to this project and deemed important to the effectiveness of construction f. Record Plan Sets. Two (2)record plan sets for final design of roadways and structures will be produced which shall bear the seal and signature of the responsible Consultant Engineer on each sheet. One (1) set shall be retained by the Consultant for three (3) years. The other set shall be submitted to Weld County per CRS 12-25-117, as amended. The original plan drawings shall not bear a seal. g. The Consultant's complete submittals shall comply with Part 2 Section 2. D. Construction Administration 1. Attend a Project Team (Partnering) meeting if desired by Weld County. It is anticipated that this meeting would be approximately 4 hours in length. 2. Prepare and attend a Pre-Construction meeting. Minutes will be prepared and distributed to all attendees. 3. Assist the contractor with pre-construction duties limited to, utility communication, survey/staking coordination, obtaining permits, and public relations. 4. Document existing conditions through the use of video and digital still cameras. 5. Prepare and hold weekly construction meeting. Meeting will include a detailed agenda, complete with current work, unresolved issues, RFI's and submittals. Minutes will be distributed to all attendees. 15 6. Review of the contractors schedule. Schedule will be monitored at the weekly meeting. Development, changes and updates to the schedule shall be the responsibility of the contractor. 7. Documentation and tracking of the work in progress. This will include the development of daily inspection reports., payment measurements, RFI's, submittals and supplemental agreements. 8. Review contract payment applications. Coordinate payments with our payment logs. Recommend payment application approval to Weld County. 9. Conduct quality assurance inspection of the contractor's work. It is assumed that one inspector will be required full time (40 hours per week) for a duration of 6-months. This inspector will monitor both the Saint Vrain and Sheep Draw projects. Time will be split between the two projects as agreed upon with the County. It is assumed that the project will be under construction concurrently. 10. Notify Weld County when it is believed that the contractor is not in conformance with the contract documents. 11. Maintain notes of County and engineer initiated plan revisions throughout construction. Prepare as-constructed drawing upon completion. It is assumed that the contractor will be required to maintain a set of as-constructed drawing, containing all field revisions, on site throughout the length of the project. Our as-constructed drawings will be a combination of Sear Brown's documented changes combined with the contractors "hand-drawn" as- constructed drawings. 12. Through the use of a sub-consultant, supply material testing and sampling. See attached Construction services scope from Geocal. 13. Perform quality control checks of the Contractor's surveying. For the purpose of this scope it was assumed that our survey crew for would require a total of 24 survey crew hours (This includes both projects). 14. Compile all project information held by Sear Brown for final submittal to Weld County. 15. Conduct a final inspection with Weld County and the Contractor. Prepare a punch-list and monitor its completion. SECTION 4 KNOWN EXISTING FEATURES 4.01 Structures. The following structures (excluding sign structures) are known to exist within the limits of the project: 16 Structure No. WEL013.0-026.0A and WEL027.0-058.0A 4.02 Utilities Utilities will be identified through normal procedures. All utilities will be given the opportunity to review and comment on the preliminary plans. SECTION 5 ITEMS TO BE FURNISHED BY WELD COUNTY AND CDOT 5.01 The following, when available, will be furnished upon written request: Reproducible drawings of applicable standards All CDOT forms specified in this document CDOT accident history data Field Survey Available Traffic Data As-constructed roadway, structure, and existing ROW plans Available ROW Data/Maps SECTION 6 GENERAL INFORMATION 6.01 Authorization to Proceed. Work will not commence until the written notice-to-proceed is received by the Consultant and will be completed within the allotted time. The time charged will be exclusive of time lost for: a. Reviews and Approvals. b. Time lost for delays in receiving responses/direction from Weld County. Weld County must concur in timed lost reports prior to the time lost delays being subtracted from time charges. 6.02 Project Coordination. The routine working contact will be between the Weld County Project Manager(Weld County/PM) and the Consultant Project Manager (C/PM) as defined in Attachment C. Each Project Manager will provide the other with: a. Written synopses of their respective contacts (both by telephone and in person) with others b. Copies of pertinent written communications 6.03 Routine Reporting and Billing. The Consultant will provide the following on a routine basis: a. Coordination of all contract activities by the C/PM 17 U b. The periodic reports and billings required by Weld County. c. Minutes of all Meetings. The minutes will be completed and will be provided to the Weld County/PM within five (5) working days after the meeting. When a definable task is discussed during a meeting, the minutes will identify the "Action Item," the agency responsible for accomplishing it, and the proposed completion date. d. In general, all reports and submittals must be accepted by Weld County prior to their content being utilized in follow-up work effort. 6.04 Personnel Qualifications. The Consultant Project Manager(C/PM), must be approved by the Weld County Contract Administrator. Certain tasks must be done by Licensed Professional Engineers or Professional Land Surveyors (PLS) who are registered with the Colorado State Board of Registration for Professional Engineers and Land Surveyors. 6.05 Computer/Software Information. Drafting: AutoCAD r2000 Estimating: latest CDOT estimating software 6.06 Computer Data Compatibility. The data format used by the consultant to submit surveying and photogrammetric data shall be as determined by Weld County. The consultant shall immediately notify the Weld County/PM if the firm is unable to produce the desired format for any reason and cease work until the problem(s) is (are) resolved. 6.07 Project Standards. a. General. All work will conform to the applicable standards of Weld County and CDOT unless directed otherwise by the Weld County/PM. The design of this project will be done using English standards. The most recent editions of the following criteria in effect as of the date of this Scope of Services will be utilized: AASHTO—A Policy on Geometric Design of Highways and Streets AASHTO— Standard Specifications for Highway Bridges, Customary U.S. Units, 16th Edition CDOT Design Manual CDOT Survey Manual CDOT Right of Way Manual CDOT Drafting Manual CDOT Standard Specifications for Road and Bridge Construction CDOT M&S Standards CDOT Bridge Design Manual CDOT Bridge Detailing Manual CDOT Bridge Rating Manual 18 CDOT Bridge Standard Plans and Details CDOT Construction Manual FHWA Manual on Uniform Traffic Control Devices b. Specific Criteria. The Consultant shall submit the pertinent criteria to the Weld County PM at one of the periodic progress meetings prior to initiating design. c. Construction Materials/Methods. The materials specified for construction and any indicated construction methods will be selected to minimize the initial construction and long-term maintenance cost to Weld County. Non-typical construction materials and methods must be approved in writing by Weld County. SECTION 7 CONTRACT CONCLUSION • 7.02 Contract Completion. This Contract will be satisfied upon acceptance of: • FIR Plans • FOR Plans • Record Sets • CoKISTRUGTI0N MANAGEMENT • F)NAL Acc€PTAh.IC.E of coh)sr2ucTloN • As CONSTRmer riAN SE'r DELIVERED 19 GEO CA L I INC. 13900 East Florida Avenue Geosciences and Engineering Aurora,Colorado 80012.5821 PH: (303)337-0338 FAX:(303)337-0247 email: geocal©gwest.net July 13, 2001 Revised July 25, 2001 Mr. Doug Rames, P.E. The Sear Brown Group 209 South Meldrum Ft. Collins, Colorado 80521 RE: Technical And Cost Proposal, Soil & Foundation Investigation and Pavement Design, Weld County Road 13 Over St. Vrain River,Weld County, Colorado Dear Doug: This proposal contains our scope of work and cost to perform a geotechnical investigation, pavement design and provide construction materials testing services for the bridge project over St. Vrain River, Weld County. A proposed schedule to complete the study is also presented. Proposed Construction We understand that the project includes a replacement of the existing bridge to include new pavement for the approaches to the bridge. Minor cut and fills are expected to adjust the profile. Scope of Work The geotechnical and pavement design procedures will be in accordance with the most recent addition of the CDOT (AASHTO) standards. Construction materials testing will be done following the test frequencies outlined in the CDOT Field Materials Manual (FMM). The specifics of our proposed procedure are discussed below. 1) At least 5 bridge borings (two at each abutment and one in the channel), and 2 shallow pavement design borings will be drilled. The borings will be made to investigate the subsurface profile, to obtain samples for laboratory analysis, and to estimate the ground water level and depth to bedrock. Page 2 Doug Rames July 13, 2001 Revised July 25, 2001 2) A laboratory testing program will be conducted to measure the engineering properties of the subgrade materials for foundation design. Swell/Consolidation testing will be performed on remolded samples, and R-value test will be conducted to calculate a resilient modulus for the subgrade soils. 3) An analyses will be performed to evaluate foundation conditions and pavement sections in accordance with AASHTO procedures. 4) A report will be prepared which will summarize the field and laboratory investigations and to present our conclusions and recommendations. The field, laboratory and report preparation will be conducted under the supervision of a Colorado registered engineer. 5) During construction, a materials technician will be provided to test soils, concrete and asphalt following the requirements of the FMM. The Colorado Department of Transportation typically performs all of the laboratory moisture/density relationships, soil standard properties, and all of the concrete breaks for its projects. For this project, we have assumed that Geocal's laboratory will perform these duties, and that we will also develop the CDOT Form 250 (normally provided). An onsite laboratory (Class II) is also typically provided for CDOT projects, and that lab is staffed on a full or near full time basis. Based on the size of the proposed project and construction period, we have assumed that an onsite Class II lab is not needed, but that a space will be provided in the construction management trailer for documentation. Electrical power will be needed for concrete cure boxes and we have assumed that this will be provided. All laboratory testing will be done in our central lab in Aurora. Costs And Schedule Our proposed costs are summarized on the specific rate of pay schedule and the amount will not be exceeded without approval from your office. We will initiate the investigation within 5 working days of notice to proceed, and anticipate that a draft report will be available within 5 weeks of notice to proceed. A final report will be prepared after comments on the draft are received from your office. Specific times may vary, however we will keep you informed of our progress and any information available. For construction materials testing, we will follow the requirements of the FMM, and our costs have been developed accordingly. Testing frequencies requested by the client or project management that are beyond those stipulated by the FMM will affect our costs • Page 3 Doug Rames July 13, 2001 Revised July 25, 2001 dramatically and should be avoided. The client and owner should also recognize that the frequencies contained in the FMM are oftentimes used for "acceptance testing", and may not be adequate for Quality Control purposes. CDOT often requires that the general contractor provide a separate quality control program to include testing. Our materials technician will be provided on an as needed basis. We appreciate the opportunity to work with your office on this project, and look forward to a continued working relationship. If you have any questions, or need additional information,please feel free to give me a call. Sincerely, GEOCAL, INC. (7/91 Ronald J. Vasquez, P.E. Principal Engineer RJV/G01-730 SCOPE OF WORK Smith Environmental, Inc. (SEI)will complete all Section 404, 402, and 401 permit acquisition activities for the bridges over the St. Vrain Creek(BRO CO30-023 (13495), WEL013.0-026.0A) and Sheep Draw (BRO CO030-021 (13363), WEL027.0-058.OA). SEI understands that the Colorado Department of Transportation will complete all environmental investigations including a jurisdictional wetland determination and report; and either a habitat suitability assessment for the Preble's meadow jumping mouse (PMJM), Ute Ladies'-tresses orchid (ULTO), mountain plover(NIP), and black tailed prairie dog (BTPD), or absence/presence surveys for these species. SEI will need to receive a copy of these reports and any letters of concurrence from the U.S. Fish and Wildlife Service. For purposes of costing, SEI assumes less than 0.1 ac of wetlands will be impacted by project construction and that a Section 404 Nationwide permit will cover the construction related impacts at each bridge. The following work elements will be completed for each bridge. • Conduct a site visit and assess the jurisdictional wetland determination report for accuracy. Specifically, the wetland delineations will be checked in the field. If needed, the delineations will be adjusted and, if adjusted, sent back to the County for revision. Jurisdictional wetland delineations will be checked using the criteria of the U.S. Army Corps of Engineers. Also, the habitat suitability assessment for the PMJM, ULTO,MP, or BTPD will be reviewed for accuracy. • Calculate the extent of temporary and permanent impacts, based on final design of the new structure. • Prepare a permit application letter for the County to send to the US Army Corps of Engineers to obtain a Section 404 (Nationwide) permit. It will describe the project, why the project is necessary, outline the acres of permanent and temporary impacts, and request the applicable Nationwide permit. • Per the RFP, SEI will provide the County with the Section 404 permit application package for submittal to the US Army Corps of Engineers. SEI will attend one progress/kickoff meeting. SEI will perform the same tasks for each bridge to prepare the Section 402 permit application. For the Section 402 permit (storm water discharge permit), SEI will prepare the 2-page application and obtain the Storm Water Management Plan (erosion control plan) for inclusion with the application. SEI is prepared to complete the Storm Water Management Plan(SWMP),but assumes Sear Brown will prepare it. SEI will review the SWMP for completeness. Per the RFP, SEI will provide the County with a complete Section 402 permit application and SWMP for submittal to the Colorado Department of Public, Health and Environment. SEI will perform the same tasks for each bridge to prepare the Section 401 permit application. For the Section 401 Permit (Water Quality certification), SEI will complete the application and attach a copy of the Section 404 permit. Per the RFP, SEI will provide the County with the Section 401 permit application package for submittal to the Colorado Department of Public, Health and Environment. EXHIBIT B ESTIMATED COST OF SERVICES Estimated Cost Summary Work Hours and Cost Tabulation Billing Rates EXHIBIT B Estimated Cost Summary Services Project Project Preliminary Final After Construction Initiation Development Design Design Design Services Sear-Brown $5,961.00 $ 26,015.00 $64,507.00 $40,864.00 $5,048.00 $ 96,335.00 $238,730.00 Geocal, Inc. $ - $11,880.00 $ - $ - $ 26,006.00 $ 37,886.00 Smith Environmental, Inc. $ - $ 2,929.00 $ - $ - $ - $ 1,350.00 $ 4,279.00 Subtotals $5,961.00 $ 28,944.00 $76,387.00 $40,864.00 $5,048.00 $123,691.00 $280,895.00 Engineering Design S Saint Vrain Creek Bridge Maa _u c Managemen t Cast Estimate • Preject Transpo Survey Design CADD alI TOTAL BB Item Task Principal Manager PE/PLS C1343 EEngineer/ Designer Crew Tec Survey Clerical HOURS I sear-Brown Gomel Smith Enviro R+imbun+blas TOTAL COSTS 1Designer CADD Inspector 5115.00 $107.00 $95.00 $73.00 $66.00 $5500 $100.00 $40 DESIGN 100 Pre-Design and Project Management T ) ....... -.-5555 .._..._. ___.................____ _5__555... .._ __._...._ _ 5555. .__ 110 Gather eetn Data oun plaU,etc:),_ 2 16 18 $ 808 $250 $$808 110 Kirk Off Meeting with Weld County 4 4 -- 8 $808 �-��--�—� -�_�-_�-�-- $808 $ ...K 5555 5555 5555. ..._ ........_.... .. .................. ............... 5.57.8 120 Utility Reseadl and Coordination 24 2 24 50 54.078 $1,500 $5,578 130 Status Meetings with Weld County(once a month) 5 total 20 20 d0 $1,040 $4,040 140 Internal Bi-WeeMy Status Meetings 10 total 10 10 10 ...................._ 30 $2,680 $2,680 5555 5555 .............._. 160 Project Management and Account 5 total 5 10 15 $1,085 51.085 :i i " ':...:4( mri g.xax s ti 1.: H'` i" .�4.ta`0 1l w w +...�t• .r 1" °'.- ta^ +f,'tt '.t e.1i + '.AN 1 a e &.%L TSu a x tlxu 4a6nS". .kk a'c2s i K. d, aril`7:, r rt . ::: 62"„ ,t , .... .:'gr, :;:r :9L. i"g tic. ; " ...� 42.i..#"T, a .t§"" :k"',+ . at*�aba 200 Survey .. ........ ........ 5555_ ............___210 Research 8 Rights of Entry e __- 16.-5555 _ 24 $1,928 $1,928 220 Field Survey(indudinQ stre m channel Doss sections) 2 8 40 50 $4 774 5555.___ 5555... $1,126 230 Calculating. Plotting8 DflinR,.. 2 2 12 18 $1 128 --- _-- - ---- __ $1,12 __5555 __5555. 5___555. ___ 240 Legal Desrn'ptions 8 2 12 8 30 $2,498 $2,497 r a ti•,1"1- exia, ,4 ;:°dz r+ ,01r4. v .: .'� >" ' •u ' .i :t �'k 'v:A o- �..1&v:3$" .,.d6# ,x , 2 ila `::at'.'v" :.. ..,: L ...: b,,sc:;; Sn..:�s ';}=._,t .,:. 3�:..� ... 1.::::..- ''� Jkbx'£"w... _..4°v .: a'x'.�.„ •,z",',.,fir" °'_ 300 HytlreloRyMyCr+Wiea _. 308 DOIIOd Esistinp Data(COOT USGS FEMAICWCB 4 16 2 22 $1 628 $1,628 ..._ l.. ........... ............ ......... 0...... 310 Gage analysis and correction- 4 20 - -- --- 5555.. 555_5_ y _ 24 $1840 51,840 ks 330�B320 Collect Data(CDOT, 4 1 18 tion BriHpd25 Construct o )5555... .._ 5555 55 55 ...._..._.__ ridp tru tu0/geome ry c ordin)I c model(HEGRAS) .--.-.-.. ._-.-........ 4 2 ...._.. ..-.-... ........ 2_...-.-5555... 28 52,132 __.a $1,928 330 Construct structure acme CChydiralic a 1 _ 24 $1928 $1,928 335 Constructproposed.condbonhydreulk model(HEC-RAS 4 2 24 $1,840 $1,640 • 340 eBntlge scour a lye a B protection measures 8 1 24 $1,928 $1,928 Documentation - -' 350 Hydraulic report 4 1 4 20 $1,416 $750 $2,166 355 Ouenty estimates - 2 4 8 14 $922 _-- $922 .. __._.. __... _ __. ___.. 380 Exhibits 2 16 - � 22 $1,382 $1,392 365D ualilyControl _.. 8 ...: 55 8 555.$760 $760 a u�c 16,v �v§ .fir' a7'E rap 4g p9 ,n.�m a •'.,JI .:=a' t ' ₹ •4. J !.+ ,�" ,a t r . . ,.,: ., : :4u .,.d.._.•. _. x a - .s. s..am . .. -' :.t 0 : '� . , � s. ...&ai' c fps 4'a."t+'� ;�• _ �: f7silq Environmental 400 EnvireAssess Activities ____.................... 555___5_... ......_.—._.._..... 5 555 . 5 55$0 410 Field 8 Ex sting Data Review 0 $0 $855 $855 4201mpad Assessment 0 $0 $190 $190 430 Permit Applcations ... 5555.- .. ..- .. 5555- 5555. .. . 0 $0 ...-. $1,250 $1,250 440 C ordnation 2 2 $214 $634 $848 a.' t "t 1 c'gdx"y' "w"' nw' "`a�,e ,� --:r2 "±""" z #... '-; '°" 1"at .s� ,:!d:8t::...,!, � q.. .c„1:�x„_'6°tid�d`�.�� :.ti:,`" -,;:.:'. "C>�':a. n ,v-.": ern *.�a„$;�._ '.; w� 7, .:'x:^r—A!"ox, ,_',&-+rF,�sv;�$'?+'� "•kxt..-k c.. . �.ut M'''..,... �sr'�.!. 5Y:: 500 Geotechnical - 55n 510 Subsurface Exploration or Roadway 0 $0 520 Subsurface Exploration of Sbuctura „ 0 $0 $11,880 $138 $12.018 530 Laboratory Testing Analysis and Repoli g ., 0 $0 540 Pavement Desi D ton 0 $0 1': ' xx rPaxy -..g^ -' 9a • 1 1,-7.. ' 1f ms s "' 17" -+aids:.^ A, `{`x:.u: r K '' A.f•h t J J `,ri4• -adi..."'3nr '.. • .. 600 Bridge Design _._.. ..._ _ ......... 5555 ........ .. 5555 .. ._ 610 Pre l Desigaryn pica%)/FOR level Wre-501echon RepM ..,.,,.,..,.__ _ 18 40 32 88 $6,112 $6,112 620 Final Desgn(95%)/FOR level ............. 555.--...........-.-.-. 48 140 5555.- 188 ........$14,378 -5555-........._$14,3]6 630 Bid Documents/Feld Package 4 40 40 24 108 $7,308 $7,308 0 h ,. .. X : .k.,---, ,ir, '-• ,' h f F ty.a '' 4 ': p - f w b .s- ss:5d e .y .;.a° °a' A •.p: rr 'f.oF a:9' -o4e -a:ug:- �: m M-.1.-if 5 =3 .....:.... ... E . .:_.r :'1 ;"a s�:: 1 � a' a�,...,:� �" . '.'4?'_ - N. .:i .. #x .pike.�.""t '>a.` S..."F4. .'f,#a' .. ..a . . . ..�a:: ]00 Roadway Design .............. ........____ 5555 5555... 5555. ............ ]10 Develop Base Mapping. 4 8 R 24 $1588 --�-�-� $1.588 720 Horizontal Design of Approachesw/Tapers 3j --- --_ 12 --- 6 - - -------21 ---- 51407 $1,407 8/14/2001 Sear-Brown Page 1 of 3 *et; Engineering Design Saint Vrain Creek Bridge Construction R Management .•"S' Cost Estimate project Transpo Survey Design CADD Survey Clerical/ TOTAL 58 Items Task prtnci Manager PEI PLS Cooed/EngineerI Designer/Sear-Brown Geocal Smith Environ Reimbursable.TOTAL COSTS pa per Designer CADD Inspector Crew Tech HOURS ]40 Vertical Design of Approaches 2 16 10 $1,31251,896 740 G ard M Rail Desk 2 a ... ..._.. 2 ...... 6 ......... 2 ......10 �� _ ..... -_ $896 'If+Llio- ..r0"ketpe 'v: f"°S"' .:. tp60 , 8I . �..: 0 : ." 8} 4 av'x_ gegage 3eet :5:E �_ .., _ ;dzx`4ax' 5 t_iQ� :..:i .,. M..i='.s1x:. = 6::$.w, .. :; r' t...' --- '..;%',...etreee""'. .`.;._aM•mxa:,ra; .A ca : ... il99:w .. weMai ,x,�:�:. 800 Traffic Design -.... ___ ............................ .............. 810 Review Detour Route Options ........ ........ 2 4 8 $1,158 . ,158 ._.... ,153 820 DCoor mateTraffic ContrDetour al and Detour Plan 2 8 ,.,,.,..,., 8 18 $1 380 $1,158 830 CooNinate Deb r Plans N A�ropneta A•enues 4 4 ��a$380 $380 .. ...:113d I'-:H1 '' .i ":a5a "*`*.N;`+ _x.a.n ;. ' ..'9:.:' "",.' ":,- - to € .w: ec �p as z° m`₹'.'qe** .... 3Slt4.4 v_ :".:�:..' . . _.1....m l,irt Le. . : - i i�'�s.. i:.Z ' t#1£.-', .....2 ... ;.'at_„ '5 irle Ct2Me"s5 ,t"i'„+ ' 900 Plan Set(FIR Level) 910 Develop FIR level Plan Set -.-.-.-.-.-. __-..... ................ ... 6 ...-. 32 ...... 40 .-.. ]8 $4,882 $1000 55,882 920 Quality Control 4 4 ... .. 8 ... $808 ... ..._.-... $808 930 FIR Me ti� .___.. .._....... ...._.._.__ ..._. 8 4 12 $1,238 $1236 940 Revisions to FIR 2 32 20 54 $3,426 $3426 ::.,'et.. . ....6q., �..x.._56.4 e:n , .:h.: ...,..,,F. ._. ius J agsi _... - v 'ec,'m, -- na 1000 Plans,Specification,and Estimate(FOR Leval) - '- 1020 Cover,Index.Key Map,General Notes _-" 2 4 8 14_ 5894 Et. E1 894 1030 Quantity Tabulations 4 8 12 $]04 $]04 4040 Contract Documents and Specifications 24 8 20 q0 100 $8.888 $0,688 1060 Opinion of Probably Con Cst tractors Cost8 2 4 6 $454 $454 10]0 COnStruCtion Phasing and Traffic Comrol 4 8 12 $]04 $704 1080 Typical Sections ..__. ............ _._. .. .. .. a .... 8 ............12 $]28 .......... ____ ............... ____- $726 1090 Roadway Approach plans 2 .. 4 .. 8 14 _ .... .$894 ...... ........ $894 1100 Structural Plans and Details _ ""_ -----20 40 300 314 52$230 $21,28C 1110 Other Details .............. -.-.-.- 6 8 14 $838 $92g 1130 Cross Sections 4 12 16 $924 59544,, 1130 Quality Control 4 4 4 8 - �-�- zD $1,852 $1.85 2' 1140 FOR meeting ....... ..__. ...... 8 4 ,......... ..... ___.12 ........._$1236 ...._..___... ____.._......... .... $1235 1150 Revisions to Plans ... .... ... 4 24 12 ..... 40 $28]2 $26]2 .y ga4F4 e : to + 3,,,,. l 'F' 4's. e eece. ethae,, 9£ v Sail-.`: an -; 4 -X415. 8 n +.v q . : 'p"°A.:9 xg.�6 __. ;:t.�: ;* t200 ...1200.._._ ___--.__..................... Project BbAm4 _...___.... .................. .____._._. ....... __--- ____. ....._... .... .... . ............$ ._.. 1210 Final Bid Documents�Plobn� Punting etc) 4 8 8 8 28 5$B08 $1,500 $3,168 1220 Pre-Bid Meeting -�� 4 -- 4 8 5808 $808 1230 Clarifications/Addendum$ ........ 4 __-4 .....- 8 __. 4 .......- 20 —_...__$1556 ................ .._.___..____ ....-....- $1,556 1290 Review Bids .__.... ........... ..__... 1 ._._.2 ...... 2 .._.. ._......... 5 $429 ............... ...._.._._._-_.. . .............. ........_._._. --$429 ,:..,;.:.-176111-11.1117.11117.6, w'"w•," 3p+'Y:09Po"Urikr8: suN' S'n .. va =a_Rz7 ',T a']', n5 .5- ,^" am: as. -:. + '•' .,=".:.q"47,',.. :'f ...... .9?'4'Y..�_-s•: 5.i ..:.'�R..'4 -. 1'.Ij..T:dL:;... .. .`.'. .f . 1 Y ...:.+_A <a �.35.#.vu"#','.eQz �n!; a•ads eFi .'r.+C.: _a.. ...�.e:A' DESIGN TOTALS $131,209 $11,880 $2,929 $6,138 $152,156 CONSTRUCTION 2000 Project Start Up and Prior to Notice to Proceed ... _.......... .... ....... .. . ... ............ - - .. - - . - - ..._. 2010 Project Team Meetings(Partnering) ..,,.,..,,. __- 8 8 .,..,-$440 $440 2020 Feb Office Setup 0 $0 EO 2030 Pre-Con meeting .._.._. ........... 3-. 16 .._._4 ...... _-. 4 ..... 2 30 $2,852 $2,852 2040 Utley Coordnation._......_.. ........._._. ___.___.._. .... 2 ....4 .-_ ....24 ......-30 $1,914 $1,914 2050 Permittirg .. ..... 0 $0 SO 2060 Survey/Staking Coordination 8 0 $]60 $760 2070 Public Relations Activities 4 8 1058$8 $500 2080 Mileage.Photography,Cell Phones,etc ��--- 0 $0 $ $500 vlr in ,w,i, Y 0 . 1 ! i ad" l9lisa il' 'I F -k'.. 'F .:x:. Y 'Y. d4'm:td 'ti ..,-4,r,....,,11, : x ?. ..,i)c::: i.c: ..!n_ - w.i..1 84kplu4 'T c l...a.a .��rysvh. 4 `.,.:.q am'!a -b':dst... .s'k,lti 3a+ ...vi ....... . ....: h__...-Ra+m'41K.i:.. y .. ..:;;... ..:lt• _.. w.u.. '3 .:.1..mT�� .hiR.. 2100 Construction Services ------ -" --- -_----' -- 2110 Contract Adm mnagemstabon(management.County meetings,pa and characcovtie 6 20 20 46 $3,860 $3,860 2130 Vh ekly Prow ess Meetings etings nuten a hetlules pay anC chap a other reqta 20 80 20 180 $$0640 5$0 60C 2140 Weekly Pmgroes spe and Minutes _ -40 80 $7600 - $760C 2140 Daily Field Semces(inspection,submittals,and quantities) 24 40 24 640 7288 $43,152 $43,152 2150 Materials Testing 18 16 $1520 $26006 $1.07Ca $28,595 8/19/2001 Sear-Brown Page 2 of 3 S Saint Vrain Creek Bridge E�Cclun r9n r Management {h Cost Estimate Survey Design CADD Hem/ TasB Project Tnnspo PE/PLS Coord/ Engineer/ Designer/ Survey Clerical/ TOTAL SB Sear-Brown Gwul Smith Emlron RsimWrsablos TOTAL COSTS Principal —magi" Designer CADD Inspector Crew Tech HOURS 2180 Protect Reporting Documentation and Photo Log 2170 Submittal Review and Approval(Shop Drawings) 20 8 80 108 18180 _--_— _- $8 180 2180 EnvironmentSog 8 ......- 16..... .....-_20 $2,1$0 ......___.. $1.350 2190 Environmental Compliance � 0 $0 11350 $3,000 2195 Mibare,1 ,, •• `• y.Call Pooees,ak 0 $0 $3.000 -3,000 T£'u '.;' '.. .. >T 16 2200 Technical Observation 2020 Drain a Im rovemerm ,_,__8 8 5780 $760 20205budurel . .__ 24 .. 24 _ 12,588 ._ ._..._._. 12..588 2230 Roadway ---_-18 _.__ ... ..... 16 $1,520 .... ........... .. $1.520 ._.... .... ...... ....... ..._......0 .. 2240 Milee�e Ph .CMI Phones alc $200 WOO 2300 Project Closeout ....... . ___ 2310 Record Drawings(As Busks) 8 8 ........ 4 4 .... .................24 11 828 ........._.....-1,1128 ..1 _._ _... 2320 Punch List 4 16 20 $11280 $1,260 2330 Project Closeout 4 4 16 40 64 $4,608 $4,608 2340 M Ph -- 0 $0 -200 $200 :41r CONSTRUCTION MANAGEMENT TOTALS $98,414 $28,008 $1,350 $4,970 $128,739 CONTRACT TOTALS $227,623 $37,886 I $4,279 I $11,108 I $280,895 8/14/2001 Seer-Brown Page 3 ol 3 EXHIBIT B SEAR-BROWN SPECIFIC RATE OF PAY TABLE PROJECT NUMBER: CO30-023(13495) LOCATION: St.Vrain Creek FIRM NAME: Sear-Brown NAME OF PREPARER: Doug Rames P.E. PHONE No. (970)482-5922 SCOPE OF WORK DATE: 13-Jul-01 1. SPECIFIC LABOR RATES EMPLOYEE EMPLOYEE DIRECT SALARY INDIRECT SPECIFIC RATE NAMF CLASSIFICATION COST/HOUR COST(141%) FEE(12%) It/HOUR Phil Weisbach Transportation Manager $50.70 $71.49 $14.66 $136.85 Andrea Faucett $29.60 $41.74 $8.56 $79.90 Andrew Leifheit Engineer I $23.85 $33.63 $6.90 $64.38 Bill Bailey $12.85 $18.12 $3.72 $34.68 Bryana Bamford $14.35 $20.23 $4.15 $38.73 Dale Stein Senior Engineer I $33.85 $47.73 $9.79 $91.37 David Thaemert $26.30 $37.08 $7.61 $70.99 Debbie Haferman $22.85 $32.22 $6.61 $61.68 Doug Rames Transportation Manager $38.60 $54.43 $11.16 $104.19 Eric Smith $19.70 $27.78 $5.70 $53.17 Gary Gilland $33.20 $46.81 $9.60 $89.61 Gary Oberling Engineering Manager $40.70 $57.39 $11.77 $109.86 Gary Schumacher Sr. Designer II $27.30 $38.49 $7.90 $73.69 George Quillen $19.88 $28.03 $5.75 $53.66 Jeff Temple Senior Engineer I $33.20 $46.81 $9.60 $89.61 Jenni Kramar Secretary I $13.70 $19.32 $3.96 $36.98 Jeremy Franz $21.95 $30.95 $6.35 $59.25 Joe Delich $18.20 $25.66 $5.26 $49.13 Lisa Winterrowd Secretary I $11.35 $16.00 $3.28 $30.64 Loren Lewis $16.20 $22.84 $4.69 $43.73 Marilee Rayome $20.40 $28.76 $5.90 $55.06 Martina Wilkinson $28.35 $39.97 $8.20 $76.52 Matt Lockwood $13.20 $18.61 $3.82 $35.63 Paul Jagim Engineer I $19.55 - $27.57 $5.65 $52.77 Paula Fox Admin.Assistant $16.90 $23.83 $4.89 $45.62 Stan Dunn $27.95 $39.41 $8.08 $75.44 Tom Butler Sr. Designer I $25.50 $35.96 $7.37 $68.83 Exhibit C CHANGE ORDER NO. PROJECT: CODE: ORGN: COFRS ENC #: CMS ID#: DATE: TO: CONSULTANT ADDRESS CITY/STATE FROM: Project Manager, CDOT In accordance with Article ., Section_of contract routing number 99 HA ,between the State of Colorado, Department of Transportation and CONSULTANT executed for a period of _calendar days,the undersigned hereby agree that the maximum amount payable by the State for the work as set forth in said contract is hereby increased by $ , to a new total of$ The services affected by this increase/decrease are modified as follows: The consultant shall provide services in accordance with the attached scope of work dated and the attached Consultant's Cost Proposal dated . Work under this change order# 1 shall be completed within an additional_ calendar days, for a new contract time completion of_calendar days. (or No additional time will be given to complete the work under this change order). This amendment to the contract is intended to be effective as of BUT IN NO EVENT SHALL IT BE DEEMED VALID UNTIL IT SHALL HAVE BEEN APPROVED BY THE STATE CONTROLLER OR SUCH ASSISTANT AS HE MAY DESIGNATE. Please sign and return all copies of this letter on or before 38 (CONSULTANT) STATE OF COLORADO: Bill Owens, Governor By: By: Title: For the Executive Director Colorado Department of Transportation APPROVALS: FOR THE STATE CONTROLLER ARTHUR L. BARNHART By: State Controller or Designee copy: Region: Preconst./Business office Accounts Payable: Projects and Grants Section Agreements Central Files 39 Rev. 5193 APPENDIX A LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC SECTION 1. LAWS TO BE OBSERVED. The consultant shall be cognizant of all Federal and State laws and local ordinances and regulations which in any manner affect those engaged or employed in the work or which in any way affect the conduct of the work,and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, and shall at all times observe and comply with all such existing laws,ordinances,regulations and decrees,and shall protect and indemnify the County against any claim or liability arising solely from or based solely on the violations of any such law, ordinance, regulation, order or decree, whether by itself, its subconsultants, agents or employees. SECTION 2. PERMITS AND LICENSES. The consultant shall procure all permits and licenses, pay all charges, fees and taxes and give all notices necessary and incidental to the due and lawful prosecution of the work. SECTION 3. PATENTED DEVICES,MATERIALS AND PROCESSES. The consultant shall hold and save harmless the County, from any and all claims for infringement, by reason of the use of any patented design, device, material, process, any trademark or copyright and shall indemnify the County for any costs, expenses and damages which it may be obligated to pay, by reason of infringement, at any time during the prosecution or after completion of the work. SECTION 4. INSURANCE A. The consultant shall carry the following minimum amount of insurance. (1) Worker's Compensation and Employer Liability in statutory limits. (2) Comprehensive or Commercial General Liability Policy and Automobile Liability for amounts not less than: Bodily Injury ) $600,000 each occurrence ) or $600,000 combined single limit Property Damage ) $600,000 each occurrence ) (3) Architects' and/or Engineers' Professional Liability Policy for amounts not less than $250,000 in the aggregate. 1 (4) Unemployment insurance in Statutory limits. B. Said insurance shall be maintained in full force and effect during the term of this contract and for two (2) calendar years thereafter, and shall protect the consultant, its employees, agents and representatives from claims for damages for personal injury and wrongful death and for damages to property arising from the negligent or wrongful acts or omissions of the consultant,its employees,subconsultants,agents or representatives,in the performance of the work covered herein. C. Furthermore, the consultant shall carry valuable papers insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes or other similar data related to the work covered by this contract, in the event of their loss or destruction until such time as the final submission by the consultant has been made and accepted by the County. D. Certificate showing the consultant is carrying the above described insurance shall be attached to and made a part of the contract. Said certificates shall name the County as an additional insured on General and Automobile liability policies. SECTION 5. AUTHORIZATIONS AND APPROVALS. The consultant is hereby advised that the reimbursement to the County of federal-aid funds by the U.S. Department of Transportation, Federal Highway Administration (hereinafter referred to as "FHWA"), for work on this contract requires step-by-step scheduling and authorizations to proceed. The County will exert every effort to make its determinations promptly and to obtain necessary approvals from the FHWA. For critical matters, the County will not issue authorizations to proceed until the matters have been accepted by the FHWA. The consultant agrees not to proceed with any phase of the work until written authorization therefore has been issued by the County. In the event the consultant knowingly or otherwise proceeds with any work prior to the authorization therefore, and this action results in the County being denied reimbursement from federal-aid funds for fees covered in this contract,the consultant shall be liable and shall reimburse the County in full for loss of such funds. SECTION 6. TERMINATION AND ASSIGNMENT OF CONTRACT. The right is reserved by the County to terminate this contract at any time upon written notice, in the event the project is to be abandoned or indefinitely postponed, or in case the services of the consultant in the judgement of the County,are unsatisfactory;or because of the consultant's failure to prosecute the work with diligence or within the time limits specified. In any such case, the County will pay the consultant for work accomplished to date of termination as follows: (a)Lump Sum contracts: The percentage of the total lump sum fee that represents the ratio of work performed to the total amount of work; (b) Cost Plus Fixed Fee contracts; incurred cost of actual work performed plus a percentage of the fixed fee that represents the ratio of work performed to the total amount of work in the contract;(c)Specific Rate of Compensation contracts:Incurred cost of actual work performed; (d) Price Per Unit of Work contracts: The cost of each completed unit of work and/or a percentage of each partially completed unit of work. All work accomplished by the 2 consultant prior to the date of such termination shall be recorded and tangible work documents shall be transferred to and become the sole property of the County prior to payment for services rendered. B. The consultant shall not engage the services of any persons then in the employ of the County for work covered by the terms of this contract without the written consent of the County. C. The consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for it,to solicit or secure this contract, and that it has not paid nor agreed to pay any company or person, other than bonafide employees working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County will have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. D. It is the intent hereunder to secure the personal services of the consultant, in manner aforesaid,and this contract shall not be assigned,sublet or transferred without the consent,in writing of the County. E. The Consultant as an independent contractor, its agents or employees, shall receive no benefits directly or indirectly that accrue to County employees, in the performance of this contract. SECTION 7. CIVIL RIGHTS. In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973,the consultant,for itself,its assignees and successors in interest, agree as follows: A. Compliance with Regulations. The Consultant shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations,Part 21,hereinafter referred to as the"Regulations"),which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination. The Consultant, with regard to the work performed by it after and prior to completion of the contract work, shall not discriminate on the grounds of race, color,sex,mental or physical handicap or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practice when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential 3 subconsultant or supplier shall be notified by the consultant of the consultants obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,sex,mental or physical handicap or national origin. D. Information and Reports. The Consultant shall provide all information and reports required by the Regulations,or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County or the FHWA to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of the consultant is in the exclusive possession of another who fails or refuses to furnish this information,the consultant shall so certify to the County, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. E Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract,the County will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the Consultant under the contract until the Consultant complies, and/or; (2) Cancellation, termination or suspension of the contract, in whole or in part. F. Incorporation of Provisions. The Consultant shall include the provisions of Paragraphs A through E in every subcontract,including procurement of materials and leases of equipment unless exempt by the Regulations,orders,or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the County or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance;provided,however, that, in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the County to enter into such litigation to protect the interest of the County and, in addition,the Consultant may request FHWA to enter into such litigation to protect the interest of the United States. SECTION 8. GENERAL A. Classified Nature of Services. (1) The Consultant understands that all services hereunder are confidential in character, and that as such, details and investigative results are not to be divulged in whole or in part at any time in the form of press releases, public statements, publication in technical papers by the Consultant, its agents, employees or representatives. (2) Similarly, no detailed information about the project shall be tendered to property owners, speculative and promotional interests or to the general public without written authority from the County. 4 B. Ownership of Documents. (1) All tracings, plans, specifications, estimates, reports, data and miscellaneous items purported to contribute to the completeness of the project shall be delivered to and become the property of the County. (2) Basic survey notes, sketches, charts, computations, and other data prepared hereunder shall be made available to the County, upon request, and become the property of the County. (3) All data received hereunder shall be made a part of the County's permanent records and files and preserved therein. C. Inspections, Reviews and Audits. (1) During all phases of the work and services to be provided hereunder the Consultant agrees to establish a working office at a place agreeable to the County and FHWA and permit duly authorized agents and employees of the County,the FHWA and of other agencies of the Federal Government to enter the consultant's offices for the purpose of inspections, reviews and audits during normal working hours. Reviews may also be accomplished at meetings that are arranged at mutually agreeable times and places. (2) Consultant and its subconsultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract, for inspection by the County, FHWA or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested. SECTION 9. DISPUTES A. Except as otherwise provided in this contract,any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Weld County Director of Public Works. The decision of the Director will be final and conclusive unless, within 30 days after the date of receipt of a copy of such written decision,the consultant mails or otherwise furnishes to the County a written appeal addressed to the Board of Weld County Commissioners. In connection with any appeal proceeding under this clause,the consultant shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder,the consultant shall proceed diligently with the performance of the contract in accordance with the Director's decision. The decision of the Board of Weld County Commissioners for the determination of such appeals will be final and conclusive. 5 B. This disputes clause does not preclude consideration of questions of law in connection with decisions provided for in Paragraph A above. Nothing in this contract, however, shall be construed as making final the decision of any administrative official,representative,or board on a question of law. SECTION 10. SUBCONSULTANTS The consultant may retain subconsultants on an "as required" basis, provided that the subconsultants selected and the rates to be paid are given prior written approval by the County. All subcontracts, exceeding$10,000 in cost, shall contain the provisions included in this Appendix A. The cost to the County for subconsultants shall be in amounts equal to the actual allowable costs paid to the subconsultants and shall not exceed the amounts as stated in the consultants accepted proposal. SECTION 11. ADJUSTMENT TO CONTRACT PRICE In conformance with applicable state and Federal laws, the original contract price and any additions thereto shall be adjusted,within one year following the end of the contract,to exclude any significant sums that the County's Project Manager determines that the contract price had been increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. SECTION 12. RELEASE OF INFORMATION All reports, drawings, plans, data, studies, memoranda, computation sheets and other documents assembled by, prepared by, or furnished by the consultant in connection with this contract,shall be the property of the County and shall be available to the County,without restriction. Copies of said documents may be retained by the consultant, but shall not be made available to another individual or organization without the prior written approval of the County. SECTION 13. IDENTIFICATION OF DOCUMENTS All final reports completed as a part of this contract,other than those exclusively for internal use by the County, shall carry a notation on the front cover,title page, or title block identifying the County. According to a format specified by the County, credits will be given to the U.S. Department of Transportation, Federal, Highway Administration and/or others. SECTION 14. PAYMENT A. All invoices shall be submitted by the consultant to the County for payment pursuant to the terms of this contract. The consultant shall submit his billings such that the cost for each activity or task contained in the contract shall be separately shown. In approval thereof, the County will pay the appropriate amount of each invoice to the consultant within 30 days of receipt of invoice. Progress payments may be claimed on a monthly basis as follows: (1) Lump Sum Contracts:The percentage of the total lump sum fee that represents the ratio of work performed during the month to the total amount of work. 6 (2) Cost Plus Fixed Fee Contracts: Incurred cost of the actual work performed during the month plus a percentage of the fixed fee that represents the ratio of work performed during the month to the total amount of work in the contract. (3) Specific Rate of Compensation Contracts: Incurred cost of actual work performed. (4) Price Per Unit of Work Contracts: The agreed upon price for each unit completed during the month plus a percentage of the agreed price for a unit that represents the ratio of actual work performed on a unit to the total unit work. C. Final payment including retained amounts will be made within 30 calendar days after all data and reports for the entire work have been turned over to and approved by the County and the FHWA,and upon receipt by the County of the consultant's certification that services have been fully completed in accordance with this contract. The form of the certification shall be a letter to the County, signed by a person authorized to do so, stating that the work has been completed in accordance with the contract. SECTION 15. CONSULTANT PROGRESS REPORTS The consultant shall submit monthly progress reports to the County. Failure to submit a progress report may result in non-payment to the consultant for the month. The progress report will be reviewed by the County and, after deemed satisfactory by the County, will be used as a justification for billing. The progress report shall contain, but not be limited to the following: A. A report on the progress of each work activity or milestone identified in the contract, to show the amount of work accomplished during the current month, and the amount of work accomplished overall. B. A report on the time schedule for each work activity or milestone identified in the contract to show planned time completion and actual times used to do the work. C. A description of the causes for delays beyond the planned completion time of work activities or milestones contained in the contract. D. A report on the cost incurred to date on each work activity or milestone contained in the contract and a comparison to the cost estimates for such activity or milestone. E. A description of possible remedies to get activities or milestones that are behind schedule, back on schedule, and to get activities or milestones that are exceeding cost estimates, back within planned costs. 7 F. Documentation of meetings that were held during the subject time period. G. A report on the participation of Disadvantaged Business Enterprise (DBE) subconsultants. 8 1248V January 1, 1989 APPENDIX B CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS Instructions for Certification: 1. By signing this contract, the contractor is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the County determined to enter into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the County may terminate this transaction for cause of default. 4. The contractor shall provide immediate written notice to the County if at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive order 12549. You may contact the County for assistance in obtaining a copy of those regulations. 6. The contractor agrees by signing this contract that, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the County. 7. The contractor further agrees by signing this contract that it will include the clause titled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,"attached hereto as Appendix C,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 9 8. The contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List(Tel. # (202) 786-0688). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under Paragraph 6 of these instructions, if the contractor knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the County may terminate this transaction for cause of default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. (1) The contractor certifies to the best of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency.; (b) Are not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in Paragraph(1)(b)of this certification; and 10 (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2) Where the contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. m:wpfiles\agreemnt\Torts-ap.agr 11 • w ATTACHMENT L O Certification for Federal-Aid Contracts The contractor certifies, by signing this contract, to the best of its knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, a officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any finds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts,which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 12 CONTRACT THIS CONTRACT, made and entered into this 27th day of August 2001 , by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "County," and WHEREAS, SEAR-BROWN will hereinafter be referred to as the "Consultant," WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in the Weld County Road and Bridge Fund; and WHEREAS,required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the County requires consultant engineering services for a project identified as Bridge WEL027.0-058.0A(BRO CO30-021)to perform engineering hereinafter referred to as "the Work"; and WHEREAS,by its Invitation for Consultant Services,advertised on June 14,2001,the County sought statements of interest from persons qualified to perform the work from which to select the responsible Consultant; and WHEREAS, the selection of the Consultant by, the County was based upon a comparative evaluation of the professional qualifications necessary for the satisfactory performance of the work, in relation to other available Consultants so qualified and in conformity with the principle of selection of the most highly qualified Consultant for the Work; and WHEREAS, the County deems it to be in the public interest to engage the Consultant to perform the aforementioned services; and WHEREAS, the County and the Consultant desire to enter into this contract; and WHEREAS, it has been determined that no County agency can reasonably provide "in house" services required of the Consultant; and NOW, THEREFORE, it is hereby agreed: m:\agreemntkear-brown BR27-58A.agr 1 ARTICLE I DESCRIPTION OF THE WORK SECTION 1. WORK LOCATION The Work is on Weld County Road (WCR) 27 as more specifically identified in Exhibit A (Scope of Work), which is attached hereto and made a part hereof. SECTION 2. SCOPE OF WORK A. The work under this contract shall consist of engineering as more specifically described in Exhibit A. B. The parties may supplement this contract in writing to provide additional Consultant services on this project as requested by the County. C. If the County changes the scope of the work, then an adjustment in contract terms may be negotiated and implemented by written supplemental contract or change order. Any claims by the Consultant for such an adjustment must be made by the Consultant to the County in writing describing the basis; therefore, prior to the Consultant's performing any work or incurring any cost to be covered in the anticipated supplemental contract or change order. Any work performed or cost incurred by the Consultant without first providing such notice and executing a supplemental contract or change order shall be deemed to be covered by the compensation and time for performance provisions of this contract. ARTICLE II COMMITMENTS ON THE PART OF THE CONSULTANT SECTION 1. GENERAL REOUIREMENTS A. The Consultant shall undertake and faithfully fulfill the requirements of this contract. B. Pursuant to the County's written Authorization to Proceed, the Consultant shall perform the work described in Exhibit A in close cooperation with the County and in accordance with the schedule anti provisions of this contract in a manner acceptable to the County. C. The Consultant shall be responsible for the work being accurate and complete. D. If performance and/or completion of the work requires the acquisition of computer software by the Consultant, such software shall be acquired in compliance with the procurement requirements of the Colorado Procurement Code and Procurement Rules and 48 CFR 18, and the license for such software shall be transferred to County as a deliverable at the end of the contract. 2 SECTION 2. COMMENCEMENT AND COMPLETION OF THE WORK A. The Consultant agrees to begin performance of the work on the date indicated in the County's written "Authorization to Proceed", as provided in Article III, Section 3, Paragraph B,herein. The date indicated in the "Authorization to Proceed" shall be the date upon which all contract time-count for completion of the Work shall be based. B. Except as may be changed by supplemental contract,the Consultant shall complete the design work phase within 175 calendar days from the date set for commencement of the work in the written Authorization to Proceed, exclusive of all days lost for review and approvals by the County, or by other official agencies whose approval must be obtained by the County. All days lost for review shall be documented in the Consultant's certified progress reports. SECTION 3. CHANGE ORDER LETTERS A. During the term of this Contract and subject to the terms of this Section,the County may make changes only to the specifications and/or to the scope/statement of work within the general scope of this contract through a bilateral "Change Order Letter," for any of the following reasons: (1) Where agreed changes result in no adjustment to the cost, delivery schedule, or other terms and conditions of the contract,the change letter will contain a mutual release of claims for adjustment of price, cost, time for performance, or other terms and conditions, whether based on costs of changed work or direct or indirect impacts on unchanged work, as a result of the change; or (2) Where the changes to the contract are priced based on the unit prices to be paid for the goods or services in Exhibits A and B; or (3) Where the changes to the contract are priced based on established catalog prices generally extended to the public. B. The written Change Order Letter will be substantially in the form at Exhibit C, and it must bear the signature of the Board of County Commissioners and of the Consultant. The Change Order Letter must also be signed by the Board of Weld County Commissioners, except where the parties agree on the face of the Change Order Letter that no price/cost, schedule or other contract adjustments to the Contract are required as a result of the Letter. C. The Change Order Letter shall refer to the basic contract and include a detailed description of the changes to the contract, the price or cost ceiling adjustment, the effective date, and (where applicable)the time within which the changed work must be done. D. Any other proposed changes or modifications to this Contract that do not comply with the terms of this Section must be executed by a formal Contract Amendment, approved in accordance with state law rather than by Change Order Letter. 3 ARTICLE III COMMITMENTS ON THE PART OF THE COUNTY SECTION 1. GENERAL REOUIREMENTS A. The County shall provide those services and single copies of those publications which are described in Exhibit A. B. The County's reproduction facilities will not be available to the Consultant. SECTION 2. SERVICES BY COUNTY A. The County will provide access to County computer resources to the Consultant for the work only as expressly provided in Exhibit A. SECTION 3. COUNTY OBLIGATIONS A. The County's Project Manager is designated to inspect the work and to coordinate all stages of the work. Notwithstanding such inspection and coordination,the Consultant shall remain solely responsible for the accuracy and completeness of the work. B. Subsequent to execution of this contract by all required signatories, the County shall notify the Consultant,in writing,to comfnence work,by an"Authorization to Proceed" (Article 11, Section 2,Paragraph A). C. Upon written notice from the Consultant of the existence of causes over which the Consultant has no control and which may delay the work, the County may, if it finds said causes sufficient, extend the time specified in Article 11, Section 2, Paragraph B for completion of the work by a supplemental contract. D. County consent to the formal submittals by the Consultant must be given in writing in all instances. If verbal consent is first given by the County in the interest of progressing the work, it shall be confirmed in writing by the County as quickly as possible. ARTICLE IV COMPENSATION FOR THE WC: : SECTION 1. ESTIMATED COST AND FIXED FEE A. The estimated cost of the services described in Exhibit B is the sum of direct labor costs, indirect costs, other direct costs, subconsultant costs, and a fixed fee, as detailed in the Consultant's final cost proposal for the services which is attached hereto and made a part hereof as Exhibit B. Subject to the terms of this contract, including but not limited to, Article IV, Section 1.3.B.(3) and Article 11, Section I.D., Consultant billings and County payments 4 shall be based upon the utilization of a fixed indirect cost rate of 141.0 percent of direct labor costs. B. Subject to the terms of this contract, the Consultant will be compensated for performance of the work as provided herein. Such payment shall be full compensation for work performed or services rendered and for all incidentals necessary to complete the work. Payment to the Consultant for work accomplished by the Consultant or any subconsultant under the terms of this contract shall be made on an hourly basis according to the fee schedule in Exhibit B. (1) The total compensation due the Consultant for the full performance of the work described in Exhibit A shall be the sum of the actual direct labor costs, the indirect costs, other direct costs, and subconsultant costs, as determined by final audit within three years of the final billing for Consultant services. This total shall not exceed the estimated maximum cost without the benefit of a supplemental contract executed before the work or cost to be covered in such a supplement is performed or incurred. (2) The County shall retain approval authority over all reimbursable cost items incurred. The Consultant shall remain within the estimated maximum cost of$169,718.00. During the progress of the work, if the Consultant determines, based upon Consultant's monitoring of costs, that the work cannot be concluded within the estimated costs, the Consultant shall immediately notify the County in writing of such determination and, after consultation with the County, shall cease work before the costs exceed the maximum cost of the contract until the County supplements this contract by a change in funding,a change in work program,or a combination of both. (3) All cost and revenue records of the Consultant shall be available for inspection by authorized State, County, and FHWA personnel during normal business hours at the offices of the Consultant and reasonable copies of such records shall be supplied by the Consultant at no cost to the County upon request. SECTION 2. COST OF CONTRACT The total cost of this contract shall not exceed a maximum of$169,718.00 without benefit of a written supplemental contract executed before the work or cost to be covered in such a supplemental contract is performed or incurred. Any work performed or cost incurred by the Consultant, which exceeds the maximum cost specified above without a prior supplemental contract authorizing such work or cost shall be deemed to be covered by the compensation and time for performance provisions of this contract. ARTICLE V 5 GENERAL PROVISIONS SECTION 1. LEGAL RELATIONS AND RESPONSIBILITIES i. Appendix A entitled "Legal Relations and Responsibilities to the Public," "Special Provisions," Appendix B "Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered Transactions" and Attachment LO "Certification for Federal-Aid Contracts" are attached hereto and hereby made a part of this contract. For purposes of the special provisions the Consultant shall be "the Consultant". ii. The Consultant shall be responsible for compiling the information for and obtaining the signatures upon the "Certification of Consultant"which is attached hereto and hereby made a part of this contract. iii. The Consultant shall carry Professional Liability Insurance to protect the County from any losses incurred as a result of the Consultant's errors or omissions in the performance of the work. SECTION 2. FUNDING This contract shall be payable from the County Road and Bridge Fund. The maximum cost to the County shall not exceed $169,718.00 as set forth in Article IV, Section 1, subject to the conditions for a supplemental contract or funding letter, as set forth in herein. SECTION 3. FUNDING LETTERS Under this Contract, the Consultant has agreed to provide the services at the rates and on the terms as described herein as needed to satisfactorily perform and complete the Contract work, subject to the availability of funding. A. Funds are currently available and encumbered for the work in the amount specified above. However, the total quantity(ies) of the services to be provided by the Consultant to complete the work, and the resulting total funding amount(s) to be provided by the County in exchange therefore, as described in this Contract or otherwise made known to the Consultant, are only estimated. B. If the County determines, unilaterally,that it has underestimated/overestimated these total quantity(ies), it has the right to take the following action(s): 1. To increase/decrease the amount of available funds under this Contract; and/or 2. To order more/less of the same services on the same rates and terms during the term of this contract, in accordance with the ordering provisions of this contract. Provided that the Consultant shall not accept any orders which create a financial obligation of the County exceeding the specified amount of 6 available funds (as may be increased under this section), and the Consultant shall notify the County when County commitments, paid and unpaid, are within 10% of that amount. The County shall not be liable beyond that amount. In the event of either action,the County will notify the Consultant thereof by Funding Letter. The Funding Letter will be in a form substantially equivalent to that in Exhibit D, and it shall not be deemed valid until it shall have been approved by the Board of Weld County Commissioners. SECTION 4. NOTICES All communications relating to the day-to-day activities for the work shall be exchanged between the County's Project Manager and the Consultant's Project Manager. All other notices and communications in writing required or permitted hereunder shall be deemed to have been given when delivered personally to the respective representatives of County and Consultant, set forth below,or when deposited in the United States Mail,properly addressed and with first class postage fully prepaid. Until changed by notice in writing, all such notices and communications shall be addressed as follows: If to County: If to Consultant: Drew Scheltinga, P.E. Phil Weisbach, P.E. Engineering Manager Principal Weld County Public Works Dept. Sear-Brown. P.O. Box 758 209 South Meldrum Greeley, CO 80652-0758 Ft. Collins, CO 80521 SECTION 5. CONFLICTS Should a conflict occur between the provisions of this contract proper and Exhibit A or attachments hereto, the provision of this contract proper shall govern. SECTION 6. INDEPENDENT CONSULTANT THE CONSULTANT SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONSULTANT AND NOT AS AN EMPLOYEE. NEITHER THE CONSULTANT NOR ANY AGENT OR EMPLOYEE OF THE CONSULTANT SHALL BE, OR SHALL BE DEEMED TO BE, AN AGENT OR EMPLOYEE OF THE COUNTY, AND THEY SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND THE COUNTY TO ANY AGREEMENTS, SETTLEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONSULTANT SHALL BE RESPONSIBLE TO THE COUNTY FOR THE ULTIMATE RESULTS OF PERFORMANCE REQUIRED HEREUNDER, BUT SHALL NOT BE SUBJECT TO THE DIRECTION AND CONTROL OF THE COUNTY AS TO THE MEANS AND METHODS OF ACCOMPLISHING THE RESULTS. THE SPECIFICATIONS IN THIS CONTRACT OF PARTICULAR PERFORMANCE STANDARDS 7 THAT THE COUNTY DEEMS ESSENTIAL TO PROPER PERFORMANCE AND CONTRACT VALUE SHALL IN NO EVENT BE DEEMED TO ALTER THIS RELATIONSHIP. THE CONSULTANT SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING ALL FEDERAL AND STATE INCOME TAX ON ANY MONEYS PAID PURSUANT TO THIS CONTRACT. THE CONSULTANT SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCES AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONSULTANT, ITS EMPLOYEES AND AGENTS. THE CONSULTANT ACKNOWLEDGES THAT THE CONSULTANT AND ITS EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS OF WORKERS COMPENSATION INSURANCE OR UNEMPLOYMENT INSURANCE UNLESS THE CONSULTANT OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE COUNTY DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SECTION 7. TERM OF CONTRACT The term of this contract shall begin upon the date first written above and extend to the date of final payment for the work or final audit of the work, whichever is pertinent to this contract, unless earlier terminated by the County. SECTION 8. SIGNATURE AUTHORITY The Consultant represents and warrants that it has taken all actions that are necessary or required by internal procedures and bylaws, and applicable law, to properly authorize the undersigned signatory for the Consultant to lawfully execute this contract on behalf of the Consultant and to bind the Consultant to its terms. SECTION 9. CONFLICT OF INTEREST The Consultant represents and warrants that it currently has no interest, and shall not acquire any interest, direct or indirect,that would conflict in any manner or degree with the performance of the Consultants services under this contract. The Consultant further covenants that, in the performance of this contract,it will not employ any person or firm having any such known interests. SECTION 10. TERMINATION PROVISIONS This contract may be terminated as follows: A. Termination for Cause. If, through any cause, the Consultant shall fail to fulfill, in a timely and proper manner, his obligations under this contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate this contract for cause by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,photographs, and reports or other material prepared by the Consultant under 8 this contract shall, at the option of the County, become its property, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding above,the Consultant shall not be relieved of liability to the County for any damages sustained by the County by virtue of any breach of the contract by the Consultant, and the County may authorize any payment to the Consultant for the purposes of setoff until such time as the exact amount of damages due to the County from the Consultant is determined. If after such termination it is determined, for any reason,that the Consultant was not in default, or that the Consultant's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. B. Termination for Convenience. The County may terminate this contract at any time the County determines that the purposes of the distribution of County monies under the contract would no longer be served by completion of the work. The County shall effect such termination by giving written notice of termination to the Consultant and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Termination for Cause shall, at the option of the County,become its property. If the contract is terminated by the County as provided herein, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this contract, less payments of compensation as the services actually performed bear to the total services of the Consultant covered by this contract, less payments of compensation previously made,provided, however, that if less than sixty percent (60%) of the services covered by this contract have been performed upon the effective date of such termination, the Consultant shall be reimbursed (in addition to the above payment) for that portion of the actual out-of- pocket expenses (not otherwise reimbursed under this contract) incurred by the Consultant during the contract period which are directly attributable to the uncompleted portion of the services covered by this contract. But if this contract is terminated for cause,or due to the fault of the Consultant,the Termination for Cause provision shall apply. C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Consultant is to be paid, reimbursed, or otherwise compensated with federal funds provided to the County for the purpose of contracting for the services provided for herein, and therefore, the Consultant understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon 9 reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. SECTION 16. LIMITATION TO PARTICULAR FUNDS The parties hereto expressly recognize that the Consultant is to be paid, reimbursed, or otherwise compensated with funds provided to the County for the purpose of contracting for the services provided for herein, and therefore,the Consultant expressly understands and agrees that all its rights, demands, and claims to compensation arising under this contract are contingent upon receipt of such funds by the County. In the event that such funds or any part there of are not received by the County,the County may immediately terminate this contract without liability for termination costs or the work anticipated to be completed after the date of termination; however, the Consultant shall be entitled to payment for any work completed prior to the date of termination. SECTION 17. COMPLETE UNDERSTANDING This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the County Fiscal Rules. SECTION 18. ASSIGNMENT This contract is in the nature of personal services, and the Consultant may not assign its rights or duties under this contract without the prior written consent of the County. SECTION 19. SUCCESSORS AND ASSIGNS Except as herein otherwise provided,this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 20. ENTIRE AGREEMENT/BINDING EFFECT The writing, together with the exhibits hereto, constitutes the entire Agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors,heirs,personal representatives,successors and assigns of said parties. SECTION 21. NO WAIVER OF IMMUNITY No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. SECTION 22. NO THIRD PARTY BENEFICIARY ENFORCEMENT 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 11 undersigned parties and nothing 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 an incidental beneficiary only. I r etj WITNESS WHEREOF, the parties hereto have executed this contract the• day of 1►.5ur , 20 fl . �lJ CONSULTANT: By GIB ✓ _�L�c-f [ ihi/.22/19i1AJ/LELE O Titleago titAusIea nerfilei Sift_7.59 Kod.w4'(.... NM 44 '6 Address: • ATTEST: IL ♦ COUNTY: Weld County Clerk to the ' .aruJ / %A��d By: ii .�� ::,. i e._.r U . Deputy Clerk to the B �rij `� . J. et.le, Chair (08/27/2001) U N>1 Board of County Commissioners of the County of Weld, State of Colorado 4 m:wplilas\agreemnt\sear-brown BR27-58A.agr 12 EXHIBIT A SCOPE OF WORK PROJECT SPECIFIC CONTRACT TYPE: Cost Plus Fixed Fee DATE: July 13, 2001 PROJECT NUMBERS: BRO C030-023 (13495) and BRO C030-021 (13363) PROJECT LOCATIONS: WCR 13 at St. Vrain Creek and WCR 27 at Sheep Draw THE COMPLETE SCOPE OF WORK INCLUDES THIS DOCUMENT AND ATTACHED DOCUMENTS FROM SMITH ENVIRONMETA AND GEOCAL a • PROJECT SPECIFIC Table of Contents Description Page Section 1 Project Specific Information 1 Section 2 Project Management and Coordination 2 Section 3 Project Description 3 Section 4 Known Existing Features 17 Section 5 Items To Be Furnished by CDOT 17 Section 6 General Information 17 Section 7 Contract Conclusion 18 ■ • SCOPE OF WORK- July 13, 2001 PART 1 PROJECT NO. BRO C030-023 (13495) and BRO C030-021 (13363) WCR 13 at St. Vrain Creek and WCR 27 at Sheep Draw SECTION 1 PROJECT SPECIFIC INFORMATION 1.01 Planned Improvement. - The general planned improvement is to replace two existing bridges, one on Weld County Road 13 at St. Vrain Creek(structure number WEL013.0-026.0A) and the other on Weld County Road 27 at Sheep Draw (structure number WEL 027.0-058.0A). Both bridges are currently 2 lanes with 2-foot shoulders. The new bridges will be 4 lanes with 2.5-foot curb and gutter and sidewalks on each side. 1.02 Project Goal. This project is intended to produce the following improvements: • Improved safety • Improved traffic capacity • Increased hydraulic capacity • Reduce the occurrence of flooding Project Location. The projects are located on WCR 13 and WCR 27 in Weld County, west of the town of Greeley. 1.04 Project Cost. The construction cost of these projects is estimated at $1,200,000 for BRO C030-023 (13495) and $600,000.00 for BRO C030-021 (13363) 1.05 Work Duration. The time period for the design work described in this scope is approximately 120 calendar days, excluding delays and agency review time. The time period for the construction services included in this scope is approximately 180 calendar days. 1.06 Consultant Responsibility. Under this Scope, the Consultant is responsible for Project Initiation and Continuing Requirements, Project Development, Preliminary Design, and Final Design for Structure WEL013.0-026.0A and Structure WEL027.0-058.0A. 1.07 Work Product. The Consultant work products are: • Project schedule, management and coordination • Reports • Field Inspection Review (FIR)Plans • Final Office Review (FOR) Plans • Construction Documents • Construction Management and Administrative Duties 1 Detailed work product requirements are described in the following sections and in Part 2. 1.08 Work Product Completion. All submittals must be accepted by the Weld County Contract Administrator or his designee. This project will be completed in English units. 1.09 Additional Project Information. Additional information regarding this project is included in the following documents: • Previous Weld County as-constructed project plans 1.10 Scope of Work Organization. Project Scopes of Work are divided into three parts, a project specific section(Part 1), Part 2 which includes general descriptions of preconstruction task description, and Part 3 which includes services after the design. Part 1 is attached to the contract. The remaining Parts 2 & 3 and Attachments A, B, and C are included in the scope but are distributed separately from the contract. SECTION 2 PROJECT MANAGEMENT AND COORDINATION 2.01 CDOT Contacts. The Contract Administrator for this project is: Drew Sheltinga, P.E., Engineering Division Manager, Weld County Department of Public Works Active day-to-day administration of the contract will be delegated to: Name: Cameron Parrott Title: Civil Engineer Address: Weld County Department of Public Works 1111 H Street, P.O. Box 758 Greeley, Colorado 80632 Telephone: (970) 356-4000 Fax: (970) 304-6497 2 2.02 Project Coordination. Coordination will be required with the following: Adjacent residents City of Greeley Colorado Department of Transportation US Army Corps of Engineers Federal Emergency Management Agency (FEMA) Utility Companies Colorado Water Conservation Board The Consultant should anticipate that a design which affects an agency will have to be accepted by that agency prior to its acceptance by Weld County. Submittals to affected agencies will be coordinated with Weld County. SECTION 3 PROJECT DESCRIPTION 3.01 Background: The bridge over the Saint Vrain Creek is a narrow ten span structure inadequate to carry anticipated traffic. The Sheep Draw bridge is a single span structure placed in a well defined channel. Both structures are obsolete and subject to inadequate capacity during flooding of their respective channels. 3.02 Project Limits: It is anticipated that each project will provide for the length of the new structure plus enough roadway length to accommodate guardrail and minimum length tapers on each end of the bridges. 3.03 Work Elements: The following work elements are included in this Scope: A. Project Initiation and Continuing Requirements 1. An on-site kickoff and scoping meeting will be held to discuss project characteristics and requirements and to become familiar with existing requirements. This meeting will be coordinated and documented by the Consultant. The Consultant will be required to review environmental mitigation requirements and ensure that they are addressed in the design plans. 2. A project schedule will be developed showing the critical paths and important milestones. 3. Right of Entry and Permits -Field survey is required and will be performed by the Consultant. Any right of entry or permits necessary to accomplish this task will be the responsibility of the Consultant. 4. Design Coordination—The Consultant will be responsible for coordinating work tasks being accomplished by all parties under this particular contract to ensure project work completion on schedule. 5. Project Administration/Invoicing—The Consultant will prepare and submit monthly invoices in Weld County format with necessary backup documentation. 3 B. Project Development 1. The Consultant will be responsible for contributing to and helping to maintain Communication and Consensus Building. As part of this, the Consultant will be responsible for providing input and information and helping develop a communications plan. The Consultant will be responsible for the following activities during this phase of work: 2. Small Group Meeting. It is anticipated that one small group meeting will be required. The purpose is to meet with property and business owners or others directly affected by the project work to identify likely impacts and discuss possible mitigation or resolutions. C. Preliminary Design 1. Design Field Survey- All design field survey will be performed by the Consultant in electronic format in English units. The limits of the field survey will extend along County Roads 13 and 27 for approximately 1000' on either side of the bridges. Existing records will be researched for available monumentation. This scope assumes corner ties and four descriptions and exhibits per bridge. 2. Right of Way - All available highway right of way and ownership information will be provided by CDOT. Right of way research and preparation of ownership map are included in this Scope of Services and include the identification of approximate right of way ownership using available information provided from assessor's maps, as-constructed plans and subdivision plans for the properties within the immediate vicinity of the bridge. 3. Geotechnical and Materials Engineering— See attached Scope of Services prepared by Geocal, Inc. 4. Hydrology/Hydraulic Engineering- Preliminary and final hydraulics and hydrologic engineering for both the Saint Vrain Creek and Sheep Draw Creek will be included in this project. 5. Utility Coordination (a) The Consultant will be required to obtain utility location maps from the utility companies which identify utility locations within the project area. (b) The Consultant will be required to perform field reviews and investigations to adequately determine the correct horizontal and vertical location of utility facilities. Subsurface utility investigations ("potholing") are not included in the Scope of Services. Potholing can be supplied, if needed, as an additional service to this contract. The Consultant will also be responsible for showing the locations 4 on the plans and details. (c) The Consultant will be responsible for making relocation or adjustment recommendations. These recommendations will be reviewed by the CDOT/PM and the CDOT Utility Coordinator. Coordination and review of recommendations will be required with the affected utilities required. It is anticipated that the design of utility relocations such as waterlines, gas lines, electric lines, if required, will be provided by the utility owner. If the design of utility relocations are required, they will be included as part of a future supplemental contract. (d) The Consultant will be responsible for the design requirements for existing ditch relocations and/or modifications, which will be coordinated with the affected ditch companies. 6. Environmental Design- See attached Scope of Services prepared by Smith Environmental. 7. Roadway Design 1. Coordinate efforts with other design activities as required. 2. Check and plot survey data. 3. Determine horizontal and vertical alignments for WCR 13 and WCR 27 and access roads/driveways. Draw a geometric layout of proposed alignments. The coordinate system used to identify key points will be compatible with the coordinate system used for the ROW. All roadway design will be performed in English units. 4. Determine the right of way requirements for construction. This should include both permanent and temporary ROW. This will be used in producing the ROW Ownership Map. 5. Prepare preliminary plans in accordance with CDOT Procedural Directive 514.1. 6. Compute preliminary earthwork quantities and show catch points on preliminary plans. 7. Investigate and review the need for any safety improvements needed within the project limits. Items to be considered are steep slopes, guard rail placement and substandard bridge rail. 8. Major Structure Design. The Consultant will be responsible for preparing major structure design for the bridges across St. Vrain Creek (WEL013.0-026.0A) and Sheep Draw (WEL027.0-058.0A). The Consultant will perform the following tasks associated with the above structure and these tasks will be coordinated with the Weld County Project Manager and CDOT/Staff Bridge: 5 a. Structural Data Collection will include the review and preparation of structure site data in accordance with P.D. 1905.2. This review will include the review of typical roadway sections, roadway horizontal and vertical alignments, utility locations and requirements, drainage information, right-of-way restrictions, and any architectural recommendations. Existing data regarding the structures will also be gathered and will include existing plans, inspection reports, structure ratings and foundation information. A field investigation of the existing structure will be made, with notification of the Resident Engineer. b. Structure Concept Study, Selection and Layout • Review the structure site data to determine the requirements that will control the structure size, layout, type, and rehabilitation alternatives. On a continuing basis, provide support data and recommendations as necessary to finalize the structure site data. • Determine the structure layout alternatives. For bridges, determine the structure length, width, and span configurations that satisfy all horizontal and vertical clearance criteria. For walls,determine the necessary top and bottom of wall profiles. • Determine the structure type alternatives. For bridges, consider precast and cast-in- place concrete and steel superstructures and determine the spans and depths for each. For walls, determine the feasible wall types in accordance with the CDOT Bridge Design Manual. • Determine the foundation alternatives. Consider piles, caissons, spread footings, and reinforced earth foundations based on geology information from existing structures and early estimates from the project geologist. To obtain supporting information, initiate the foundation investigation as early as possible during the preliminary design phase. • Determine the rehabilitation alternatives. Continued use of all or parts of existing structures shall be considered as applicable. The condition of existing structures shall be investigated and reported. Determine the modifications and rehabilitation necessary to use all or parts of existing structures and the associated costs. • Develop the staged construction phasing plan, as necessary for traffic control and detours, in conjunction with the parties performing the roadway design and traffic control plan. The impact of staged construction on the structure alternatives shall be considered and reported on. • Compute preliminary quantities and preliminary cost estimates as necessary to evaluate and compare the structure layout, type, and rehabilitation alternatives. • Evaluate the structure alternatives. Establish the criteria for evaluating and comparing the structure alternatives that, in addition to cost, encompass all aspects of the project's 6 objectives. Based on these criteria, select the optimum structure layout, type, and rehabilitation alternative, as applicable, for recommendation to Weld County. • Prepare preliminary general layout for the recommended structure. Prepare structure layouts in accordance with the CDOT Bridge Detailing Manual. Special detail drawings and a detailed preliminary cost estimate shall accompany the general layout. The special detail drawings shall include the architectural treatment. c. Structure Selection Report. The Consultant will prepare a structure selection report to document, and obtain approval for, the structures preliminary design. By means of the structure general layout, with supporting drawings, tables, and discussion, provide for the following: • Summarize the structure site data used to select and layout the structures. Include the project site plan, vertical and horizontal alignments at the structure, cross section, existing structure data including the sufficiency rating, construction phasing, utilities, hydraulic information, preliminary geology information for structure foundations and architectural requirements. • Report on the structure selection and layout process. Include a discussion on the structure layout, type and rehabilitation alternatives considered. Define the criteria used to evaluate the structure alternatives and how the recommended structure was selected. Provide a detailed preliminary cost estimate and general layout of the recommended structure. • Obtain acceptance by Weld County and CDOT on the recommended structure and its layout. The associated general layout, with the revisions required by the Weld County and CDOT review, will be included in the FIR plans. The structure selection report, with the associated general layout, must be accepted in writing by Weld County and CDOT prior to the commencement of further design activities. 9. Traffic Control/ Construction Phasing Plan. The Consultant will be required to develop a construction phasing plan which will integrate construction of all project elements. The recommended phasing plan will also be used in developing Final Design Packages for construction. 10. In House Quality Control Review—The consultant will conduct an independent QC review of the completed preliminary Roadway and Structure designs by a licensed Professional Engineer. This review is in addition to the Independent Design Check for the Major Structure Design that is required under Final Design. 11. Preparation for the FIR a) Coordinate, complete and compile all plan inputs from other activities for inclusion in the FIR submittal. These other activities will include materials, hydraulics, traffic, right of way and major structures. The major structure plans included in the submittal will be the CDOT 7 ■ approved general layout. b) Prepare a preliminary cost estimate for the work included in the FIR plans. c) The FIR plans will include: • Title sheet • Typical sections for WCR 13 and WCR 27 and major accesses • General notes • Plan and profile sheets at 1"=50' scale will include existing topography, alignments, profile grades, existing ground lines, catch points, existing and required ROW, existing utility locations and rough structure notes. • Plan, profile and typical sections for St. Vrain Creek and Sheep Draw. • The FIR plans will be submitted to the Weld County PM prior to the FIR. • The construction phasing will be included as part of the FIR submittal. A preliminary Traffic Control Plan will not be required. • Structure general layouts as appropriate. 12. Field Inspection Review—The Consultant will be responsible for attending the FIR and will be responsible for documenting the FIR comments. The Consultant will resolve questions raised by the FIR in cooperation with the Weld County PM. All decisions will be documented and transmitted to the Weld County PM. Any variances from standard design criteria will have a written justification prepared and submitted to the Weld County PM. Comments received during the FIR will be used in developing the final design packages. D. Final Design 1. Design Coordination. The design for each aspect of the project shall be reviewed during periodic meetings and approved by the Weld County PM prior to inclusion in the final plans. Specifically the designs for each of the following must be coordinated: Roadway Geometry Hydraulics Permanent Signing & Striping Construction Phasing Guardrail Major Structure Design 2. Final Utility Design. Following the finalization of the roadway horizontal alignment and profile grade and the horizontal location of drainage structures, sewers, and other underground structures, coordinate with the Utility Engineer to finalize utility clearances. 3. Hydraulic Design. a. Storm Water Pollution Prevention Plan. Prepare the Storm Water Pollution Prevention Plan in accordance with 8 ■ decisions made at the FIR and on additional investigation since the HR. b. Major Structure Channel Design. The final design shall include: (1) The configuration, size and skew of the channel. (2) Water surface elevations. (3) Elevations, flowlines and hydraulic information as described in the CDOT Design Manual. (4) Channel erosion protection for the structure. (5) Recommend a low girder elevation for the type of structure proposed. (6) Estimate scour depth in the channel for the proposed structure, and recommend mitigation measures. c. Final Hydraulics documentation will consist of the following: (1) Hydraulics information in report form. (2) Bridge hydraulic information on a plan sheet (1 copy) which complies with the requirements included in Part 2 Section 2. The format of the report will be in accordance with the CDOT Design Manual. 4. Right-of-Way Plans. a. Right Of Way Plans will be prepared in accordance with the CDOT Right-of-Way Manual for a total of four ROW parcel acquisitions per bridge. Right-of-Way plan contents will include: - Sheet No. 1 TITLE SHEET. - Sheet No. 2 TABULATION OF PROPERTIES. If more than one sheet is required, following sheets will be numbered 2A, 2B, etc. - Sheet No. 3 TABULATION OF Right-of-Way MARKER. The Survey Manual provides examples of sheets following this requirement. The control survey will be depicted in a diagram form as shown in the Survey Manual. As above, additional sheets after the first are number 3A, 3B, etc. - Sheet No. 4 TABULATION OF ROAD APPROACHES. Same numbering as above. - Sheet No. 5 PLAN SHEET. If more than one sheet is required, the sheets will be numbered sequentially 6, 7, 8, etc. - As appropriate: OWNERSHIP MAPS. These sheets will be the following number after the "plan sheets". All original plan sheets will comply with the requirements of Part 2 Section 2. 9 b. The following information will be included in the Right of Way Authorization plans and/or submitted as separate documents as part of the Authorization Plan process: (1) Verify toes of slope on base map from earthwork data. (2) Plot existing ownership lines from preliminary ownership map. (3) Plot new Right-of-Way requirements and access control from design plans following the FIR on base map. Normal scale, 1" = 50' in urban areas, 1" = 100' in rural areas. (4) Calculate areas of parcels, easements, and remainders in accordance with CDOT Right-of-Way Manual. (5) Prepare ROW plan sheets on CDOT form 126-R as outlined in CDOT Right-of-Way Manual. (6) Prepare legal descriptions of parcels, easements and access control on CDOT forms No. 241-1 and 241-2 as directed by CDOT PM/ROW Manager and CDOT Right-of-Way Manual. (7) Prepare Tabulation of Properties sheet on CDOT form 136 as directed by CDOT Right-of-Way Manual. (8) Plot new Right-of-Way, Access Control, new easements, and lane lines on the preliminary ownership map. Revise numbering of ownerships to correspond to ROW acquisitions. (9) Prepare Right-of-Way Title Sheet (Mylar supplied by CDOT) as directed by CDOT Right-of-Way Manual. (10) Prepare Control Survey Plot for inclusion in plans. See Survey Manual for a sample. (11) Prepare Control and Monumentation Sheet(Survey Manual) including a complete list of Right-of-Way point to be set (i.e. ROW Angle Points), Section Corner, Control Monuments per CDOT Right-of-Way Manual. (12) Prepare Right-of-Way Tabulation of Road Approaches, if applicable, show Owner, Milepost/Station, Rt. or Lt. of Centerline, Width of Approach, Skew Angle, and any Remarks as directed by the CDOT Right-of-Way Manual. (13) Transmit originals of the plan sheets, title sheet, tabulation of properties sheet, and revised ownership map to CDOT. Transmit current updated title work (Memoranda of Ownership and/or Title Commitments per CDOT PM/ROW manager), calculations and supporting data(i.e., parcel diaries). Original sheets shall comply with Part 2 Section 2. 5. Materials Engineering. The Consultant will review the Pavement Design Report and the FIR plans to verify the validity of the pavement and stabilization design. Prepare the Stabilization Plan and submit it to the CDOT/PM for acceptance. 6. Traffic Engineering a. Permanent Signing/Pavement Marking Plans. (1) Inventory existing traffic controls. 10 (2) Prepare plan sheet with existing roadway, edge-of-travel way (ETW) shoulder, signs, structures, and topography. (3) Locate and place on the plans the required traffic controls (pavement markings, signs, etc.). (4) Prepare the "Tabulation of Signing Quantities." (5) Prepare the "Tabulation of Pavement Markings" and pavement marking quantities. (6) Prepare Traffic Specifications/Special Provisions. (7) Submit plans and specifications to the CDOT/PM for acceptance. (8) Submit the approved plans to the Design Engineer for inclusion in the project plans. b. Traffic Control Plan. It is anticipated that WCR 13 and WCR 27 will be closed to traffic during construction. (1) Prepare the traffic control plan. (2) Estimate quantities. (3) Submit the approved plans and quantities to the Design Engineer for inclusion in the project plans. 7. Roadside Planning and Landscaping. It is assumed that landscaping will be limited to native seeding. 8. Roadway Design. It is assumed the storm drainage will continue to sheet flow off the road into native soil. Swales flowing to the creeks will be shown if required 9. Final Major Structural Design. The design shall be in accordance with the AASHTO Standard Specifications for Highway Bridges, and the CDOT Bridge Design Manual. a. Structure Final Design. (1) Review Weld County accepted general layouts and comments. (2) Review Weld County accepted foundation recommendations. (3) Review Weld County accepted hydraulic report. (4) Revise the general layouts and proceed with the final design as necessary to incorporate all review comments. (5) Perform the structural analysis. Provide the superstructure and substructure design. Document with the design notes, detail notes, and computer output. (6) Perform preliminary design check from design and detail notes. b. Preparation of Structural Plans and Specifications (1) Request the standard details and specifications from CDOT Structure Reviewer(i.e., expansion devices, bearings and railings). (2) Prepare all detail drawings in accordance with the CDOT Bridge 11 Detailing Manual, CDOT Design Manual, and CDOT Drafting Manual. (3) Complete the computer runs/calculations. (4) Prepare the plan sheets. (5) Prepare special provisions applicable to the project. (5) Compute quantities and complete the quantity summary. c. Independent Design, Detail, and Quantity Check (1) Perform independent detail check and design check from plans. (2) Revise all plan sheets and design notes to reflect any deficiencies found in the design and detail check. (3) Check quantities. d. Bridge Rating and Field Packages (1) Prepare the rating packages in accordance with the CDOT Bridge Rating Manual. Prepare the Structure Field Packages in accordance with the CDOT Bridge Detailing Manual. e. Structure Final Review Plans and Specifications (1) Make final plan and special provision corrections. (2) Complete cross-referencing of plans. (3) Assemble the complete plans and special provisions and submit for the FOR plans. 10. Construction Phasing Plan. A final construction phasing plan will be developed which integrates the construction of all project work elements into a practical and feasible sequence. It is assumed that WCR 13 and WCR 27 will be closed to traffic during construction. 11. Plan Preparation for the Final Office Review. a. Coordinate the Packaging of the Plans. (1) Collect plans from all design elements and collate the plan package. (2) The construction phasing plan shall be included. (3) Calculate plan quantities and prepare the tabulations and Summary of Quantities. (4) Plan sheet scales will be as follows: Plan&Profile 1 Inch= 50 Feet b. New or revised utility locations shall be added to the plan topography. Conflicts shall be resolved and appropriate pay items/specifications added, to adjust utilities. c. The Final Office Review (FOR) plans shall include the following sheets (as appropriate): 12 Title Sheet Standard Plans List Typical Sections General Notes Summary of Approximate Quantities Appropriate Individual Quantity Tabulations Special Details Structure Details Bridge Hydraulic Information Sheet Roadway Plan and Profiles Channel Plan and Profiles Utility locations Storm Water Pollution Prevention Plan Signing and Striping Construction Phasing Structure Cross Sections Roadway Cross Sections with Quantities Note: This list may not include all the necessary sheets and may include some subjects not applicable to this particular project. The content of the plans will be as approved by Weld County. d. In addition to the plan sheets, the Special Provisions shall be provided. This will consist of those unique Project Special Provisions which have to be written specifically for items, details and procedures not adequately covered by CDOT's Standard Specifications and Standard Special Provisions. Also a list of the Standard Special Provisions which are applicable to the project shall be prepared. The Project Special Provisions shall be provided in the CDOT format and submitted with the project plans. e. Prepare the FOR estimate. Item numbers, descriptions, units and quantities shall be listed and submitted to the Weld County PM. f. Submit the FOR plans and specifications (originals) to the Weld County PM for a preliminary review prior to the FOR. g. The Consultant will submit 10 copies of 'V2 size final FOR plans to the Weld County PM prior to the office review. 12. Final Office Review a. Attend the FOR. b. The FOR meeting minutes shall be prepared by the Consultant PM, approved by the Weld County PM, and distributed as directed. 13 ■ 13. Construction Plan Package a. The FOR original plan sheets and the specifications shall be revised in accordance with the FOR meeting comments and submitted to the Weld County PM within two (2)weeks after the FOR. b. The final review of the plans by Weld County may require final revision of the plans which shall be done by the Consultant. c. The bid plan construction contract package shall consist of the revised FOR plans and will completely describe the work required to build the project including project dated special provisions and detailed quantities. d. The Consultant shall submit a hard copy of the following: (1) Roadway -Profile -Staking -Earthwork Quantities -Mass Diagram -Terrain Listing -Roadbed Listing (2) Major structures. An independent set of the following shall be submitted for each bridge. (a) A letter to CDOT certifying that the Consultant understands and accepts the full responsibility for any changes (from plan reviews) and completeness, accuracy, constructability, and structural integrity of the final set of plans. (b) A complete and final set of original design notes for bridges and retaining walls (including output from computer programs). These notes shall include revisions reconciling any differences between the original design, the independent design check and any design changes resulting from subsequent reviews. (c) The complete and final set of design check notes for bridges and retaining walls. (d) Two sets of field packages: 8 '/2" x 11" bridge geometry output and a set of the final quantity calculations as described in the CDOT Bridge Detailing Manual. 14 ■ (e) The bridge rating package: Rating Summary sheet for girders and deck, rating information and hand calculation sheets, rating computer output, and electronic copy of rating input file. Refer to the Bridge Rating Manual for a description of these items. (3). Construction Engineer's action package. The Consultant shall submit 2 copies, in 3-ring binders of the following: (g) All project calculations or worksheets. (h) All final reports and their approvals: Traffic, hydraulics,pavement design and economic analysis, geology foundation report, etc. All reports will have the latest revisions included. (i) Copies of variances, design decisions, and variance approvals. (j) The F.I.R. and F.O.R. meeting minutes. (k) Utility clearance package, utility agreements and information regarding the utility location and clearance conditions. (1) Bridge Construction packet, which includes bridge grades, geometry, and quantity calculations or worksheets (m) Any other information unique to this project and deemed important to the effectiveness of construction f Record Plan Sets. Two (2)record plan sets for final design of roadways and structures will be produced which shall bear the seal and signature of the responsible Consultant Engineer on each sheet. One (1) set shall be retained by the Consultant for three (3) years. The other set shall be submitted to Weld County per CRS 12-25-117, as amended. The original plan drawings shall not bear a seal. g. The Consultant's complete submittals shall comply with Part 2 Section 2. D. Construction Administration 1. Attend a Project Team (Partnering) meeting if desired by Weld County. It is anticipated that this meeting would be approximately 4 hours in length. 2. Prepare and attend a Pre-Construction meeting. Minutes will be prepared and distributed to all attendees. 3. Assist the contractor with pre-construction duties limited to, utility communication, survey/staking coordination, obtaining permits, and public relations. 4. Document existing conditions through the use of video and digital still cameras. 5. Prepare and hold weekly construction meeting. Meeting will include a detailed agenda, complete with current work, unresolved issues, RFI's and submittals. Minutes will be distributed to all attendees. 15 6. Review of the contractors schedule. Schedule will be monitored at the weekly meeting. Development, changes and updates to the schedule shall be the responsibility of the contractor. 7. Documentation and tracking of the work in progress. This will include the development of daily inspection reports., payment measurements, RFI's, submittals and supplemental agreements. 8. Review contract payment applications. Coordinate payments with our payment logs. Recommend payment application approval to Weld County. 9. Conduct quality assurance inspection of the contractor's work. It is assumed that one inspector will be required full time (40 hours per week) for a duration of 6-months. This inspector will monitor both the Saint Vrain and Sheep Draw projects. Time will be split between the two projects as agreed upon with the County. It is assumed that the project will be under construction concurrently. 10. Notify Weld County when it is believed that the contractor is not in conformance with the contract documents. 11. Maintain notes of County and engineer initiated plan revisions throughout construction. Prepare as-constructed drawing upon completion. It is assumed that the contractor will be required to maintain a set of as-constructed drawing, containing all field revisions, on site throughout the length of the project. Our as-constructed drawings will be a combination of Sear Brown's documented changes combined with the contractors "hand-drawn" as- constructed drawings. 12. Through the use of a sub-consultant, supply material testing and sampling. See attached Construction services scope from Geocal. 13. Perform quality control checks of the Contractor's surveying. For the purpose of this scope it was assumed that our survey crew for would require a total of 24 survey crew hours (This includes both projects). 14. Compile all project information held by Sear Brown for final submittal to Weld County. 15. Conduct a final inspection with Weld County and the Contractor. Prepare a punch-list and monitor its completion. SECTION 4 KNOWN EXISTING FEATURES 4.01 Structures. The following structures (excluding sign structures) are known to exist within the limits of the project: 16 Structure No. WEL013.0-026.0A and WEL027.0-058.0A 4.02 Utilities Utilities will be identified through normal procedures. All utilities will be given the opportunity to review and comment on the preliminary plans. SECTION 5 ITEMS TO BE FURNISHED BY WELD COUNTY AND CDOT 5.01 The following, when available,will be furnished upon written request: Reproducible drawings of applicable standards All CDOT forms specified in this document CDOT accident history data Field Survey Available Traffic Data As-constructed roadway, structure, and existing ROW plans Available ROW Data/Maps SECTION 6 GENERAL INFORMATION 6.01 Authorization to Proceed. Work will not commence until the written notice-to-proceed is received by the Consultant and will be completed within the allotted time. The time charged will be exclusive of time lost for: a. Reviews and Approvals. b. Time lost for delays in receiving responses/direction from Weld County. Weld County must concur in timed lost reports prior to the time lost delays being subtracted from time charges. 6.02 Project Coordination. The routine working contact will be between the Weld County Project Manager(Weld County/PM) and the Consultant Project Manager(C/PM) as defined in Attachment C. Each Project Manager will provide the other with: a. Written synopses of their respective contacts (both by telephone and in person) with others b. Copies of pertinent written communications 6.03 Routine Reporting and Billing. The Consultant will provide the following on a routine basis: a. Coordination of all contract activities by the C/PM 17 MI b. The periodic reports and billings required by Weld County. C. Minutes of all Meetings. The minutes will be completed and will be provided to the Weld County/PM within five (5)working days after the meeting. When a definable task is discussed during a meeting, the minutes will identify the "Action Item," the agency responsible for accomplishing it, and the proposed completion date. d. In general, all reports and submittals must be accepted by Weld County prior to their content being utilized in follow-up work effort. 6.04 Personnel Qualifications. The Consultant Project Manager(C/PM), must be approved by the Weld County Contract Administrator. Certain tasks must be done by Licensed Professional Engineers or Professional Land Surveyors (PLS) who are registered with the Colorado State Board of Registration for Professional Engineers and Land Surveyors. 6.05 Computer/Software Information. Drafting: AutoCAD r2000 Estimating: latest CDOT estimating software 6.06 Computer Data Compatibility. The data format used by the consultant to submit surveying and photogrammetric data shall be as determined by Weld County. The consultant shall immediately notify the Weld County/PM if the firm is unable to produce the desired format for any reason and cease work until the problem(s) is (are)resolved. 6.07 Project Standards. a. General. All work will conform to the applicable standards of Weld County and CDOT unless directed otherwise by the Weld County/PM. The design of this project will be done using English standards. The most recent editions of the following criteria in effect as of the date of this Scope of Services will be utilized: AASHTO—A Policy on Geometric Design of Highways and Streets AASHTO-Standard Specifications for Highway Bridges, Customary U.S. Units, 16th Edition CDOT Design Manual CDOT Survey Manual CDOT Right of Way Manual CDOT Drafting Manual CDOT Standard Specifications for Road and Bridge Construction CDOT M&S Standards CDOT Bridge Design Manual CDOT Bridge Detailing Manual CDOT Bridge Rating Manual 18 S CDOT Bridge Standard Plans and Details CDOT Construction Manual FHWA Manual on Uniform Traffic Control Devices b. Specific Criteria. The Consultant shall submit the pertinent criteria to the Weld County PM at one of the periodic progress meetings prior to initiating design. c. Construction Materials/Methods. The materials specified for construction and any indicated construction methods will be selected to minimize the initial construction and long-term maintenance cost to Weld County. Non-typical construction materials and methods must be approved in writing by Weld County. SECTION 7 CONTRACT CONCLUSION 7.01 Supplemental'Work. It is now antieipated that this contract will be supplemented fur. 7.02 Contract Completion. This Contract will be satisfied upon acceptance of: • FIR Plans • FOR Plans • Record Sets • CoNSTRuCTION MANAC,EMENT • FINAL ACCEPTANCE oc COIJSTeocTrotA • AS coNSTRu&TEt rtAN SET QeLIQER .CD 19 • INC. D GEOCAL, NC JUL 2 i 2001 13900 East Florida Avenue Unit D Geosciences and Engineering Aurora,Colorado 80012-5821 PH: (303)337-0338 BY: FAX:(303)337-0247 email: geocal©gwest.net July 13, 2001 Revised July 25, 2001 Mr. Doug Rames, P.E. The Sear Brown Group 209 South Meldrum Ft. Collins, Colorado 80521 RE: Technical And Cost Proposal, Soil & Foundation Investigation, Pavement Design, Construction Materials Testing, 83rd Avenue Bridge over Sheep Draw,Weld County, Colorado Dear Doug: This proposal contains our scope of work and cost to perform the geotechnical investigation, pavement design and construction materials testing services for the bridge project over Sheep Draw in Weld County. A proposed schedule to complete the study is also presented. Proposed Construction We understand that the project includes a replacement of the existing bridge to include new pavement for the approaches to the bridge. Minor cut and fills are expected to adjust the profile. Scope of Work The geotechnical and pavement design procedures will be in accordance with the most recent addition of the CDOT (AASHTO) standards. Construction materials testing will be done following the test frequencies outlined in the CDOT Field Materials Manual (FMM). The specifics of our proposed procedure are discussed below. 1) At least 2 bridge borings and 2 shallow pavement design borings will be drilled. The borings will be made to investigate the subsurface profile, to obtain samples for laboratory analysis, and to estimate the ground water level and depth to bedrock. Page 2 Doug Rames July 13, 2001 Revised July 25, 2001 2) A laboratory testing program will be conducted to measure the engineering properties of the subgrade materials for foundation design. Swell/Consolidation testing will be performed on remolded samples, and R-value test will be conducted to calculate a resilient modulus for the subgrade soils. 3) An analyses will be performed to evaluate foundation conditions and pavement sections in accordance with AASHTO procedures. 4) A report will be prepared which will summarize the field and laboratory investigations and to present our conclusions and recommendations. The field, laboratory and report preparation will be conducted under the supervision of a Colorado registered engineer. 5) During construction, a materials technician will be provided to test soils, concrete and asphalt following the requirements of the FMM. The Colorado Department of Transportation typically performs all of the laboratory moisture/density relationships, soil standard properties, and all of the concrete breaks for its projects. For this project, we have assumed that Geocal's laboratory will perform these duties, and that we will also develop the CDOT Form 250 (normally provided). An onsite laboratory (Class II) is also typically provided for CDOT projects, and that lab is staffed on a full or near full time basis. Based on the size of the proposed project and construction period, we have assumed that an onsite Class II lab is not needed, but that a space will be provided in the construction management trailer for documentation. Electrical power will be needed for concrete cure boxes and we have assumed that this will be provided. All laboratory testing will be done in our central lab in Aurora. Costs And Schedule Our proposed costs are summarized on the specific rate of pay schedule and the amount will not be exceeded without approval from your office. We will initiate the geotechnical investigation within 5 working days of notice to proceed, and anticipate that a draft report will be available within 4 weeks of notice to proceed. A final report will be prepared after comments on the draft are received from your office. Specific times may vary, however we will keep you informed of our progress and any information available. For construction materials testing, we will follow the requirements of the FMM, and our costs have been developed accordingly. Testing frequencies requested by the client or project management that are beyond those stipulated by the FMM will affect our costs Page 3 Doug Rames July 13, 2001 Revised July 25, 2001 dramatically and should be avoided. The client and owner should also recognize that the frequencies contained in the FMM are oftentimes used for "acceptance testing", and may not be adequate for Quality Control purposes. CDOT often requires that the general contractor provide a separate quality control program to include testing. Our materials technician will be provided on an as needed basis. We appreciate the opportunity to work with you on this project, and look forward to a continued working relationship. If you have any questions, or need additional information, please feel free to give me a call. Sincerely, GEOCAL, INC. Ronald J. asquez, P.E. Principal Engineer RJV/G01-731 SCOPE OF WORK Smith Environmental, Inc. (SEI)will complete all Section 404, 402, and 401 permit acquisition activities for the bridges over the St. Vrain Creek(BRO CO30-023 (13495), WEL013.0-026.0A) and Sheep Draw (BRO CO030-021 (13363), WEL027.0-058.0A). SEI understands that the Colorado Department of Transportation will complete all environmental investigations including a jurisdictional wetland determination and report; and either a habitat suitability assessment for the Preble's meadow jumping mouse (PMJM), Ute Ladies'-tresses orchid (ULTO), mountain plover(MP), and black tailed prairie dog (BTPD), or absence/presence surveys for these species. SEI will need to receive a copy of these reports and any letters of concurrence from the U.S. Fish and Wildlife Service. For purposes of costing, SEI assumes less than 0.1 ac of wetlands will be impacted by project construction and that a Section 404 Nationwide permit will cover the construction related impacts at each bridge. The following work elements will he completed for each bridge. • Conduct a site visit and assess the jurisdictional wetland determination report for accuracy. Specifically,the wetland delineations will be checked in the field. If needed, the delineations will be adjusted and, if adjusted, sent back to the County for revision. Jurisdictional wetland delineations will be checked using the criteria of the U.S. Army Corps of Engineers. Also, the habitat suitability assessment for the PMJM,ULTO, MP, or BTPD will be reviewed for accuracy. • Calculate the extent of temporary and permanent impacts,based on final design of the new structure. • Prepare a permit application letter for the County to send to the US Army Corps of Engineers to obtain a Section 404 (Nationwide) permit. It will describe the project, why the project is necessary, outline the acres of permanent and temporary impacts, and request the applicable Nationwide permit. • Per the RFP, SEI will provide the County with the Section 404 permit application package for submittal to the US Army Corps of Engineers. SEI will attend one progress/kickoff meeting. SEI will perform the same tasks for each bridge to prepare the Section 402 permit application. For the Section 402 permit (storm water discharge permit), SEI will prepare the 2-page application and obtain the Storm Water Management Plan (erosion control plan) for inclusion with the application. SEI is prepared to complete the Storm Water Management Plan (SWMP),but assumes Sear Brown will prepare it. SEI will review the SWMP for completeness. Per the RFP, SEI will provide the County with a complete Section 402 permit application and SWMP for submittal to the Colorado Department of Public, Health and Environment. SEI will perform the same tasks for each bridge to prepare the Section 401 permit application. For the Section 401 Permit (Water Quality certification), SEI will complete the application and attach a copy of the Section 404 permit. Per the RFP, SEI will provide the County with the Section 401 permit application package for submittal to the Colorado Department of Public, Health and Environment. EXHIBIT B ESTIMATED COST OF SERVICES Estimated Cost Summary Work Hours and Cost Tabulation Billing Rates EXHIBIT B Estimated Cost Summary Services Project Project Preliminary Final After Construction Initiation Development Design Design Design Services Sear-Brown $5,211.00 $ 19,459.00 $42,896.00 $26,194.00 $ 960.00 $ 56,770.00 $151,490.00 Geocal, Inc. $ - $ 7,231.00 $ - $ - $ 6,718.00 $ 13,949.00 Smith Environmental, Inc. $ - $ 2,929.00 $ - $ - $ - $ 1,350.00 $ 4,279.00 Subtotals $5,211.00 $ 22,388.00 $50,127.00 $26,194.00 $ 960.00 $ 64,838.00 $169,718.00 Engineering Design Mca��W,,,,��El{Iht�_�, Sheep Draw Bridge Construction Management �� Cost Estimate Survey Design CADD Proloc1 Tnnspo Survey Cierlcal/ TOTAL SE ttem5 Task Principal manager PEIPLS Coortl/ Engineer/ Deslgnerl Cray Tech HOURS Sear-Brown Geocal Smith Envlron Reimbursable. TOTAL COSTS Designer CADD Inspection $115.00 $107.00 $95.00 $73.00 $66.00 $55.00 $100.00 $40. DESIGN 10o0 ! o G er gn and!Protect Management 100 Gather E her xutirp Data(GIs records,plats.etc) _._.__ ............... 6666_._ 2 .......... 8 6666.. ... 6666.. 10 $718 ...... .. _... $250/ 6666_.........$968 110 Kid(Off Meeting with Weld County w/St Vram 0 ........ .......$0 50 ........._6666__ _...Ubl120 Status Meetings and Weld Court 2 8 18 $630 $2,500 $3,130 130 S1aNs Meetings with Weld County a month) w/St Vnin 4 4 8 --� $608 $808 _.. 6666 140 Intemel B1-Weekly Status Meetings w/St Vrein 4 4 8 $806 $808 160 Pro)ect Manaement and Accounon• 5total 5 10 15 $1,085 $1,085 :::-. -h' .. t.r. t i�.s-... .tea.. S 'af- ,'w! L'�aef,P'± n Ynrw�ax.. _ "'�._: .. 666 ry ,�.,f.X,fiu. 1 . Eli SEIMENs,. z '- :. arc.... .. R.,..r r, 7'' __ i 3—"` u6. 200 Survey ve. 6_6____66_.. .... ...__-__ ............._.. ................ _............... ._6.666. __ ...._..............___... ......_.. __......... .. 66_____6_6 ................ 666_6.. .... _........... __......_...... ........_2 ___.......... 6666.._.-_ 210 Research B Rights tof na 8 24 32 52,512 $2,512 ......... _6666 _ .._ _ 220 Field Survey(including,stream channel cross sections) 2 10 46 58 $5 520 $5.520 6666... 6__666 __. 6666. .____ ...............__ . ............__._Cal240 I.;!al Drafting 2 20 22 $1,466 $1,466 240 L al Desch•tiona 8 2 16 12 38 53.162 $3,162 :y *,„ ,:c' r TI fl EI u ."? T '2T'°:' .; i s°5... $ - : P'°sti.E°"t,'" ."r°^ N v. ..ic.:: '`I•q`IbaS__eva.: :ILTAII, S w. 'IailiA - _ ,.'" _ .. .asap: ZE E °a. ,... ..?..:. .itea ITTLT 6_6_r .. ..--c--- 6666. _.......__ . .............. ................. __......... 6666_.__ 6666. 66___66 _ 300 Hydrology/Hydraulics Hydrology ___... ............... 6666... 6666... _... ___ 6666..__ .......... 301 Collect Existing Dalelcreeley),,.. 2 6666.. 2 4 $270 ....... $270 310 Model Additional Recurrence Interval(as required) 2 8 10 $774 - $774 Hydraulics — 6666. 6666... ... 6666. . .. ............._.. _. .............. ____6_666 .......... 666_6._._. 6_666... -__ 320 Collect Data(COOT,FEMA/CWCB) 4 4 2 10 $752 $752 330 Construct cture/g-ometydnatic model(HEGRAS) 4 16 20 $1,548 $1,546 - 330 Bridge structure/geometry coordination 4 16 20 $1,548 $1,548 S....... 335 Bridgeud scour analysis 8pr onto ton is mod tHEC RASA 6 16 22 $1,738 $1,738 _6666 ..._.... 3umenttesmuranalysis8protecUan measures 6 12 18 $1446 51,446 ii Documentation 355 Hydulicrepod 2 14 d 14 $$ $922 $750 $2,166 Qu ..__ 6666_.. 355 puanbtyty estimates ---�� 2 4 8 14 5922 $922 ........._ 6666..........__..._ ___ 360 Exhibits 2 4 6 14 $922 $922 ........._.._. 6666. 6666 365 audit Control 8 8 $760 $760 litillir:("'uro..lY ;r. d• L .. " :trir 66),(3386 6«»66 _?' r - ..:ik y.. 666 .......... ............... _—___._6666. ._ ._ 6666...._. __......_.. _ 400 Environmental Activities 410 Field 8 Existing Data Review 0 $0 $855 $855 ........ 6666 ___ __. 6666.. ._. 420 Impact Assessment _ 0 $0 $190 --�� ---- $190 430 Permit Applications _...0 $0 51250 - $1,250 6666_. .......Dirdd0 Coordination and n Cost 2 2 $214 p�$'634 $848 liitkiid- �' R rl I 11 1^ �k.- "3 a T ' . it 7 R? a } f�C ivL"fL' Weird _.n 66:,6 a g ? ! z,.� sa5y'i a..>_._:.. nom._.. 4 ......�...:. �. 'Y15 666__6. ................ ................ 6_____666_. .___.__ ........____ .......... ............. ........ ___-__. ............... _._ 500 Geotechnical 510 Subsurface Exploration of Roadway 0 50 520 Subsurface Exploration of Structure 0 $0 $7231 $155 5738E 530 Laboratory Testing Analysis and Reporting 0 $0 540 Pavement Des1gn Options 0 $0 S. 1 1Th a r . .. .. r` :`,g"_-Y t .x r -"c k ° ifiT ate. a .F+'yv"'" ;3"n�1s`+`. ti r'"T'^" .i? .fidbfi y_... _� 4 y.1°i: ,:-a :66:'.. ,., � u ,us..B.: ' ° v �`�.. : ; yaaa 4.e,.. z: 6.664::_', 66__66. 666___6 .............._ ---.......... __..._... .. ____ ..___ ........._.. ____._ 66.66. 666__6_ ........ ............._.....__ _. . 610 Pddge Design 610 Preliminary Design%)/FOR l Structure Selection Report 4 16 24 44 52 804 ,804 6666.. 6666... 6666.. .......... ..._......... _............ ...___ 620 Final Design tt/Field /FOR level 16 60 76 $5.672 $5,672 630 Bid Documents/F1eltl Pa e 2 16 24 8 50 53406 $3.406 ,.;;t. 16666. .t s-'. 4�5. = 6666 _! _.__..._. . ......._._. .. ........... _.._...... _ ..........._.... 6666_............ .... .. .__....... __._6666.. ____6666 666___6 8/14/2001 Sear-Brown Page 1 of 3 Engineering Design ��'__t Sheep Draw Bridge C9nstmclion MPSManagement ��' Cost Estimate Project Tranapo Survey Du CADD Survey Clerical/ TOTAL SB item Task Principal Manager PEIPLS C^ordl Engineer/ Designer/ Crew Tech HOURS Sear-Brown Geocal Smith Environ Reimbursable. TOTAL COSTS Designer CADD Inspection 7000 Roadway Design ......... ........ ____ __.. .......... ....__.__ ._.. ............... ............. ......68 710 Develop Base Mapping 4 la B 12 24 E1,588 E1,568 720 Vertical DI Design of Ap aches a w/Tapers 3 12 6 21 $1,40] $1 407 730 Vertical Design of Approaches 2 12 6 - _-_ 20 St 312 20 $1,312 $1,312 740 Guard Rail De�igns ...... .... 2 6 -_. -2 10 .-..-.... $696.......... ......._ __. $696 nl;art"4r"' op d dt 1U"r x '.9w.sw�.:-` .. w.,„"* "a ° d I ' h•011"t'e'9"e ...E`5i c gnu�.::-. _;,. ,p:.:_;..:• •a __.u�i',. ..s w.. ::: -`?_ - ��.'.-- - #" , .... :.7ellfs"$..... ..e.:. 4_,.Gn....... $'�,a/.,s :t�.r� > _..19`.: . 800 Traffic Design ............... ___.. ______ ....... 810 Review Detour Route Options 2 4 6 _ _ $454 $464 ..... 820 Develop Traffic Control and Detour Plan -- ------__-� 2 B B 18 51,158 51,158 830 Coordinate Detour Plans with date A sodas 4 __- 4 $380 $380 .;.n.._miiv1 .. !?• Gm air x m wawa wv 500 Plan Set(FIR Level)__. -.. ........ .. ............. .....__.__... . _.__-__ ____ 910 Develop FIR level Plan Set 6 32 40 78 $4,882 $1000 $5,882 920Ouatity Control 4 4 - _........._..... 8$8O8 .__ ...._ $608 930 FIR Meeting B 4 12 $1,236 $1236 940 Revisions to FIR 2 24 20 46 $2,B98 .. - $2,898 s•' . ":'vC`zv NI£ .1'y:sd s 1.22 +: -m35'. `lafe°:, .;,$ f t. it ₹.' 4A' 4DIIE3.aMIEr ti ,.t,. ax.,c3rf °,a1',Tswig* ' 9 4ri >, (. .1R:artr ' . k -d i $ ' rraCi. dC. BF..E ..;.. :..r 1. ri..Ot..._..> .' 48 Y..lt.:S a..e•v°via^nn4-uJ.. if,INEIMMEfEttr 1000 Plans.Specification,and Estimate(FOR Level) .. ............. ............._. _.___ ____. ......... ............... ................. 1020 Cover,Index,Key Map,General Notes 2 4 8 14 $894 $500 $1,394 4040 Quantity Documents 0 8 88 $744 E744 4040 Contract Documems and Specifications 32 8 20 ..... 8 ........................ 20 88 .... $6,744 __...._.. ......-.. $G,]44 1060 Opinion of Probably Construction Cost 2 4 6 $454 $454 10]0 Construction Phasing and Traffic Control 4 8 12 $704 $704 1080 Typical Sections 6 8 12 $726 $726 1090 Roadway Approachplans 2 4 8 14 $894 $B94 1100 Structural Plans and Details 8 16 80 - 104 $6,312 $6,312 1110 Other Details _ 6 8 ..... 14 ............. $836......-...... $836 1120 Cross Sections 4 12 16 $924 $924 1130 Quality Control ........ ............... ._....__. _..._.. ................. .._.._____.. 4 4 4 8 20 $1,652 $1,852 1140 FOR meeting 8 4 .....-...- 12 ..-........ $1,236 $1,236 1150 Revisions to Plans 6 32 12 50 $3,414 $3414 rh,: ,ilikleg .t :w' dot.i .:� '-' ,Sip• �.�-' i.1l 4)Il . >,«.wm.,7'•"'t' k- ilLi" s",i8•LIitat m' -- �= aU _. a ,. ..a:a^. .' :Ieft.._. ieff. " rTINE..'=+TP ._.N ..Y. �ri�. 'i. ..... .�IrTEI ,. ..a ._g.::.a.*7. . .._e.'e..'.:#.".x lam.. • 5 . .b: IN 1200 Project Bidding ............... .............. .__.. .------ fi6...------ . .. ............. ...........$..5]50 ..........---1220 Final BIM etnments(Plotting Printing etc) 4 B B 8 28 EB $2.418 1220 Pre-Bid Meeting ............. 4 ....... d ... ...... 8 $E808._.__ __.__.. _. .... .- .. ........... ....5808 1230 Clarifications lAdtlenOums 4 4 8 4 20 $1,556 $1,556 1240 Review Bids 1 2 2 5 $429 $429 ".15 v. a'≤ * t 1# .7 #.s n ° .4. s _e" '+ a 1 .,�.,1. 3rlx'. - O, : T ,. ,,. PP:.L'ai,la ....4 ..•_�$.'v i'n ..e...evW i.m Tw.. the IH..r}.Fr'n.e. �s ...h:_@: 9 ... . iw..}ii'a':.t[Ll n'xa e'iyr.. ;kP'hn..Rv.mx u" "§�iF�:.I '., 1..e. Ih . DESIGN TOTALS $87,855 $7,231 $2,929 $5,905 $103,921 CONSTRUCTION 2000 Project Start Upend Prior to Notice to Proceed I 1 2010 Project Team Meetings(Partnering) 4 4 $220 $220 2020 Field Office Setup ,,. __ ...0 $0 $0 2030 Pre-Con meeting 4 16 4 4 28 $2,772 $2,772 2080 Utility Coordination ............... 4 8 ....... ...12 E620 '_ __.____ .......-...... $820 2050 Permitting 0 _ $0 $0 Sury 2060 Surv0y/StaW Sri ng Coo— - -._. ,. 2 2 $214 $214 2070 Public Relations Activities ......... ........... ... .... 2 �� ............ 4 .............. .... 6 $434 $434 2080 Mileage Photograph Cell Phones,etc. 0 ------- $0 $250 $250 ..;.\:5. :.......11;,, "4. 4a r' .WnY , al. tit f .].. ' M ni:i5 _ ':4y ^La.l ,W.-T1' p+'.4'.."'_`r pe • •• .t._ n+i:si� .. rs i59a'a- iF�i A: ...:...u:. � -� ti .._e..+: :r'nrt:: ....3F.1R....b 8/14/20O1 Sear-Brown Page 2 013 ,�,,,.�7.iit�t Sheep Draw Bridge En Co sWc oonn�9n ' Management '��V A Cost Estimate Project Trailer:, Survey Design CADD Survey Clerical/ TOTAL SB HE I PLS Caord I Engineer! Designer/Hem N Task Principal Manager Crew Tech HOURS Sear-Brown Geocal Smith Environ Reimbursable' TOTAL COSTS Designer CADD inspection 2100 Construction Services 2110 Convect Admmisv9On(m.LcooSenl County meeO Y.entl acm�n 24 ........- 82832 _.-.- ..... ............ ................ $2,632 2120 Construction Management cooNmetlon,schedules, erW then a order risque 16 40 20 ]6 56,312 58,312 2130 WeaMy Progress Meetings and Minutes _-- 48 48 $4,560 f4,560 2140 Daily.Field Services(Irepecbon submittals and quantities) 16 20 16 300 352 $21.168 821,168 2150 Materials Testing61,600 6 8 5760 66]16 _ --- $7478 .............. 2160 Phaect Reporting,Documentation and Photo Log 40 40 _ $5244 51.600 2170 Review and Approval(Shop Drawings) 12 60 72 ES 244 85,244 Submittal 2180 ConsWWon SUking.( C) .., 4 8 12 51092 11.092 - 0 SO $1,350 81,350 2190 Environmental Compliance 2195 MAea•e,PM..re• .Cell Phones,etc. .. ___.___. ...._ ......... ......0 f0 ........ ._...._.._.._21.500.__. 51.500 T�mb!AP _ :;.._:' ..:S ...... x'ex86 . ...... 2200 Technical Observation ............ ................... .. 1210 Drainage Improvements 8 . .. 8 5760 .. ...___ .. .._.. _............ .....'f]BO vay SO 2020 Structural 0 EO 2130 Roadway ...... ....... 0 SO EO 2240 Road e,Photo.ra. Cell Manes.etc .0 50 ._..._ ........... __.._.._ 5200._...__..._ §200 .., m-', .> y a .... ,tv , r -e a ._ ..... w T" .,�.1 2300 Project Closeout __ _ .......... .. ........... .. ______.... ._____.___ 2310 Record OwirigsjAs Builb) d 4 8 24 §1,7]8 21)]6 2320 Punch List 4 16--- --- --- -- 20 51260 ---��- ----------- 11.260 22330 Mi 30 ject eCMel ure•h Cell Phones,etc ut __. ___...__... 8 12 .--.-.-. -......-. 24 16 60 E3 958 ............ 5200 83,956 3200 80.....'Cf? ixa a u,U;l€ x eye CONSTRUCTION MANAGEMENT TOTALS $66,680 $6,718 $1,350 $2,160 $66,798 CONTRACT TOTALS $143,435 $13,949 $4,279 $8,055 $169,718 8/142001 Sear-Brown Page 3 of 3 EXHIBIT B SEAR-BROWN SPECIFIC RATE OF PAY TABLE PROJECT NUMBER: CO30-021 (13363) LOCATION: Sheep Draw FIRM NAME: Sear-Brown NAME OF PREPARER: Doug Rames P.E. PHONE No. (970)482-5922 SCOPE OF WORK DATE: 13-Jul-01 1. SPECIFIC LABOR RATES EMPLOYEE EMPLOYEE DIRECT SALARY INDIRECT SPECIFIC RATE NAMF CLASSIFICATION COST/HOUR COST(141%) FEE(12%) $/HOUR Phil Weisbach Transportation Manager $50.70 $71.49 $14.66 $136.85 Andrea Faucett $29.60 $41.74 $8.56 $79.90 Andrew Leifheit Engineer I $23.85 $33.63 $6.90 $64.38 Bill Bailey $12.85 $18.12 $3.72 $34.68 Bryana Bamford $14.35 $20.23 $4.15 $38.73 Dale Stein Senior Engineer I $33.85 $47.73 $9.79 $91.37 David Thaemert $26.30 $37.08 $7.61 $70.99 Debbie Haferman $22.85 $32.22 $6.61 $61.68 Doug Rames Transportation Manager $38.60 $54.43 $11.16 $104.19 Eric Smith $19.70 $27.78 $5.70 $53.17 Gary Gilland $33.20 $46.81 $9.60 $89.61 Gary Oberling Engineering Manager $40.70 $57.39 $11.77 $109.86 Gary Schumacher Sr. Designer II $27.30 $38.49 $7.90 $73.69 George Quillen $19.88 $28.03 $5.75 $53.66 Jeff Temple Senior Engineer I $33.20 $46.81 $9.60 $89.61 Jenni Kramar Secretary I $13.70 $19.32 $3.96 $36.98 Jeremy Franz $21.95 $30.95 $6.35 $59.25 Joe Delich $18.20 $25.66 $5.26 $49.13 Lisa Winterrowd Secretary I $11.35 $16.00 $3.28 $30.64 Loren Lewis $16.20 $22.84 $4.69 $43.73 Marilee Rayome $20.40 $28.76 $5.90 $55.06 Martina Wilkinson $28.35 $39.97 $8.20 $76.52 Matt Lockwood $13.20 $18.61 $3.82 $35.63 Paul Jagim Engineer I $19.55 $27.57 $5.65 $52.77 Paula Fox Admin.Assistant $16.90 $23.83 $4.89 $45.62 Stan Dunn $27.95 $39.41 $8.08 $75.44 Tom Butler Sr. Designer I $25.50 $35.96 $7.37 $68.83 • Exhibit C CHANGE ORDER NO. PROJECT: CODE: ORGN: COFRS ENC #: CMS ID#: DATE: • TO: CONSULTANT ADDRESS CITY/STATE FROM: Project Manager, CDOT In accordance with Article ., Section_of contract routing number 99 HA ,between the State of Colorado, Department of Transportation and CONSULTANT executed for a period of _calendar days, the undersigned hereby agree that the maximum amount payable by the State for the work as set forth in said contract is hereby increased by $ , to a new total of$ The services affected by this increase/decrease are modified as follows: The consultant shall provide services in accordance with the attached scope of work dated and the attached Consultant's Cost Proposal dated . Work under this change order# 1 shall be completed within an additional_ calendar days, for a new contract time completion of_calendar days. (or No additional time will be given to complete the work under this change order). This amendment to the contract is intended to be effective as of BUT IN NO EVENT SHALL IT BE DEEMED VALID UNTIL IT SHALL HAVE BEEN APPROVED BY THE STATE CONTROLLER OR SUCH ASSISTANT AS HE MAY DESIGNATE. Please sign and return all copies of this letter on or before 38 (CONSULTANT) STATE OF COLORADO: Bill Owens, Governor By: By: Title: For the Executive Director Colorado Department of Transportation APPROVALS: FOR THE STATE CONTROLLER ARTHUR L. BARNHART By: State Controller or Designee copy: Region: Preconst.Business office Accounts Payable: Projects and Grants Section Agreements Central Files 39 Rev. 5193 APPENDIX A LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC SECTION 1. LAWS TO BE OBSERVED. The consultant shall be cognizant of all Federal and State laws and local ordinances and regulations which in any manner affect those engaged or employed in the work or which in any way affect the conduct of the work,and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, and shall at all times observe and comply with all such existing laws,ordinances,regulations and decrees,and shall protect and indemnify the County against any claim or liability arising solely from or based solely on the violations of any such law, ordinance, regulation, order or decree, whether by itself, its subconsultants, agents or employees. SECTION 2. PERMITS AND LICENSES. The consultant shall procure all permits and licenses, pay all charges, fees and taxes and give all notices necessary and incidental to the due and lawful prosecution of the work. SECTION 3. PATENTED DEVICES,MATERIALS AND PROCESSES. The consultant shall hold and save harmless the County, from any and all claims for infringement, by reason of the use of any patented design, device, material, process, any trademark or copyright and shall indemnify the County for any costs, expenses and damages which it may be obligated to pay, by reason of infringement, at any time during the prosecution or after completion of the work. SECTION 4. INSURANCE A. The consultant shall carry the following minimum amount of insurance. (1) Worker's Compensation and Employer Liability in statutory limits. (2) Comprehensive or Commercial General Liability Policy and Automobile Liability for amounts not less than: Bodily Injury ) $600,000 each occurrence ) or$600,000 combined single limit Property Damage ) $600,000 each occurrence ) (3) Architects' and/or Engineers' Professional Liability Policy for amounts not less than $250,000 in the aggregate. 1 (4) Unemployment insurance in Statutory limits. B. Said insurance shall be maintained in full force and effect during the term of this contract and for two (2) calendar years thereafter, and shall protect the consultant, its employees, agents and representatives from claims for damages for personal injury and wrongful death and for damages to property arising from the negligent or wrongful acts or omissions of the consultant,its employees,subconsultants,agents or representatives,in the performance of the work covered herein. C. Furthermore, the consultant shall carry valuable papers insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes or other similar data related to the work covered by this contract, in the event of their loss or destruction until such time as the final submission by the consultant has been made and accepted by the County. D. Certificate showing the consultant is carrying the above described insurance shall be attached to and made a part of the contract. Said certificates shall name the County as an additional insured on General and Automobile liability policies. SECTION 5. AUTHORIZATIONS AND APPROVALS. The consultant is hereby advised that the reimbursement to the County of federal-aid funds by the U.S. Department of Transportation, Federal Highway Administration (hereinafter referred to as "FHWA"), for work on this contract requires step-by-step scheduling and authorizations to proceed. The County will exert every effort to make its determinations promptly and to obtain necessary approvals from the FHWA. For critical matters,the County will not issue authorizations to proceed until the matters have been accepted by the FHWA. The consultant agrees not to proceed with any phase of the work until written authorization therefore has been issued by the County. In the event the consultant knowingly or otherwise proceeds with any work prior to the authorization therefore, and this action results in the County being denied reimbursement from federal-aid funds for fees covered in this contract,the consultant shall be liable and shall reimburse the County in full for loss of such funds. SECTION 6. TERMINATION AND ASSIGNMENT OF CONTRACT. The right is reserved by the County to terminate this contract at any time upon written notice, in the event the project is to be abandoned or indefinitely postponed, or in case the services of the consultant in the judgement of the County,are unsatisfactory;or because of the consultant's failure to prosecute the work with diligence or within the time limits specified. In any such case, the County will pay the consultant for work accomplished to date of termination as follows: (a)Lump Sum contracts:The percentage of the total lump sum fee that represents the ratio of work performed to the total amount of work; (b) Cost Plus Fixed Fee contracts; incurred cost of actual work performed plus a percentage of the fixed fee that represents the ratio of work performed to the total amount of work in the contract;(c)Specific Rate of Compensation contracts:Incurred cost of actual work performed; (d) Price Per Unit of Work contracts: The cost of each completed unit of work and/or a percentage of each partially completed unit of work. All work accomplished by the 2 consultant prior to the date of such termination shall be recorded and tangible work documents shall be transferred to and become the sole property of the County prior to payment for services rendered. B. The consultant shall not engage the services of any persons then in the employ of the County for work covered by the terms of this contract without the written consent of the County. C. The consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for it,to solicit or secure this contract, and that it has not paid nor agreed to pay any company or person, other than bonafide employees working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County will have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. D. It is the intent hereunder to secure the personal services of the consultant, in manner aforesaid,and this contract shall not be assigned,sublet or transferred without the consent,in writing of the County. E. The Consultant as an independent contractor, its agents or employees, shall receive no benefits directly or indirectly that accrue to County employees,in the performance of this contract. SECTION 7. CIVIL RIGHTS. In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973,the consultant,for itself,its assignees and successors in interest, agree as follows: A. Compliance with Regulations. The Consultant shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations,Part 21,hereinafter referred to as the"Regulations"),which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination. The Consultant, with regard to the work performed by it after and prior to completion of the contract work, shall not discriminate on the grounds of race,color, sex,mental or physical handicap or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practice when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential 3 subconsultant or supplier shall be notified by the consultant of the consultants obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,sex,mental or physical handicap or national origin. D. Information and Reports. The Consultant shall provide all information and reports required by the Regulations,or orders and instructions issued pursuant thereto,and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County or the FHWA to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of the consultant is in the exclusive possession of another who fails or refuses to furnish this information,the consultant shall so certify to the County, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. E Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract,the County will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the Consultant under the contract until the Consultant complies, and/or; (2) Cancellation, termination or suspension of the contract, in whole or in part. F. Incorporation of Provisions. The Consultant shall include the provisions of Paragraphs A through E in every subcontract,including procurement of materials and leases of equipment unless exempt by the Regulations,orders,or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the County or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance;provided,however, that, in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the County to enter into such litigation to protect the interest of the County and, in addition, the Consultant may request FHWA to enter into such litigation to protect the interest of the United States. SECTION S. GENERAL A. Classified Nature of Services. (1) The Consultant understands that all services hereunder are confidential in character, and that as such, details and investigative results are not to be divulged in whole or in part at any time in the form of press releases, public statements, publication in technical papers by the Consultant, its agents, employees or representatives. (2) Similarly, no detailed information about the project shall be tendered to property owners, speculative and promotional interests or to the general public without written authority from the County. 4 B. Ownership of Documents. (1) All tracings, plans, specifications, estimates, reports, data and miscellaneous items purported to contribute to the completeness of the project shall be delivered to and become the property of the County. (2) Basic survey notes, sketches, charts, computations, and other data prepared hereunder shall be made available to the County, upon request, and become the property of the County. (3) All data received hereunder shall be made a part of the County's permanent records and files and preserved therein. C. Inspections, Reviews and Audits. (1) During all phases of the work and services to be provided hereunder the Consultant agrees to establish a working office at a place agreeable to the County and FHWA and permit duly authorized agents and employees of the County, the FHWA an d of other agencies of the Federal Government to enter the consultant's offices for the purpose of inspections, reviews and audits during normal working hours. Reviews may also be accomplished at meetings that are arranged at mutually agreeable times and places. (2) Consultant and its subconsultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract, for inspection by the County, FHWA or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested. SECTION 9. DISPUTES A. Except as otherwise provided in this contract,any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Weld County Director of Public Works. The decision of the Director will be final and conclusive unless, within 30 days after the date of receipt of a copy of such written decision,the consultant mails or otherwise furnishes to the County a written appeal addressed to the Board of Weld County Commissioners. In connection with any appeal proceeding under this clause,the consultant shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder,the consultant shall proceed diligently with the performance of the contract in accordance with the Director's decision. The decision of the Board of Weld County Commissioners for the determination of such appeals will be final and conclusive. 5 B. This disputes clause does not preclude consideration of questions of law in connection with decisions provided for in Paragraph A above. Nothing in this contract, however, shall be construed as making final the decision of any administrative official,representative,or board on a question of law. SECTION 10. SUBCONSULTANTS The consultant may retain subconsultants on an "as required" basis, provided that the subconsultants selected and the rates to be paid are given prior written approval by the County. All subcontracts, exceeding $10,000 in cost, shall contain the provisions included in this Appendix A. The cost to the County for subconsultants shall be in amounts equal to the actual allowable costs paid to the subconsultants and shall not exceed the amounts as stated in the consultants accepted proposal. SECTION 11. ADJUSTMENT TO CONTRACT PRICE In conformance with applicable state and Federal laws, the original contract price and any additions thereto shall be adjusted,within one year following the end of the contract,to exclude any significant sums that the County's Project Manager determines that the contract price had been increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. SECTION 12. RELEASE OF INFORMATION All reports, drawings, plans, data, studies, memoranda, computation sheets and other documents assembled by, prepared by, or furnished by the consultant in connection with this contract,shall be the property of the County and shall be available to the County,without restriction. Copies of said documents may be retained by the consultant, but shall not be made available to another individual or organization without the prior written approval of the County. SECTION 13. IDENTIFICATION OF DOCUMENTS All final reports completed as a part of this contract,other than those exclusively for internal use by the County, shall carry a notation on the front cover,title page, or title block identifying the County. According to a format specified by the County, credits will be given to the U.S. Department of Transportation, Federal, Highway Administration and/or others. SECTION 14. PAYMENT A. All invoices shall be submitted by the consultant to the County for payment pursuant to the terms of this contract. The consultant shall submit his billings such that the cost for each activity or task contained in the contract shall be separately shown. In approval thereof, the County will pay the appropriate amount of each invoice to the consultant within 30 days of receipt of invoice. Progress payments may be claimed on a monthly basis as follows: (1) Lump Sum Contracts:The percentage of the total lump sum fee that represents the ratio of work performed during the month to the total amount of work. 6 • (2) Cost Plus Fixed Fee Contracts: Incurred cost of the actual work performed during the month plus a percentage of the fixed fee that represents the ratio of work performed during the month to the total amount of work in the contract. (3) Specific Rate of Compensation Contracts: Incurred cost of actual work performed. (4) Price Per Unit of Work Contracts: The agreed upon price for each unit completed during the month plus a percentage of the agreed price for a unit that represents the ratio of actual work performed on a unit to the total unit work. C. Final payment including retained amounts will be made within 30 calendar days after all data and reports for the entire work have been turned over to and approved by the County and the FHWA,and upon receipt by the County of the consultant's certification that services have been fully completed in accordance with this contract. The form of the certification shall be a letter to the County, signed by a person authorized to do so, stating that the work has been completed in accordance with the contract. SECTION 15. CONSULTANT PROGRESS REPORTS The consultant shall submit monthly progress reports to the County. Failure to submit a progress report may result in non-payment to the consultant for the month. The progress report will be reviewed by the County and, after deemed satisfactory by the County, will be used as a justification for billing. The progress report shall contain, but not be limited to the following: A. A report on the progress of each work activity or milestone identified in the contract, to show the amount of work accomplished during the current month, and the amount of work accomplished overall. B. A report on the time schedule for each work activity or milestone identified in the contract to show planned time completion and actual times used to do the work. C. A description of the causes for delays beyond the planned completion time of work activities or milestones contained in the contract. D. A report on the cost incurred to date on each work activity or milestone contained in the contract and a comparison to the cost estimates for such activity or milestone. E. A description of possible remedies to get activities or milestones that are behind schedule, back on schedule, and to get activities or milestones that are exceeding cost estimates, back within planned costs. 7 F. Documentation of meetings that were held during the subject time period. G. A report on the participation of Disadvantaged Business Enterprise (DBE) subconsultants. 8 1248V January I, 1989 APPENDIX B CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS -PRIMARY COVERED TRANSACTIONS Instructions for Certification: 1. By signing this contract, the contractor is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the County determined to enter into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government, the County may terminate this transaction for cause of default. 4. The contractor shall provide immediate written notice to the County if at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive order 12549. You may contact the County for assistance in obtaining a copy of those regulations. 6. The contractor agrees by signing this contract that, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the County. 7. The contractor further agrees by signing this contract that it will include the clause titled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,"attached hereto as Appendix C,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 9 A 4 8. The contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List(Tel. # (202) 786-0688). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under Paragraph 6 of these instructions, if the contractor knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the County may terminate this transaction for cause of default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. (1) The contractor certifies to the best of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency.; (b) Are not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in Paragraph(1)(b)of this certification; and 10 • (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2) Where the contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. m:wpfiles\agreemndloris-ap.agr 11 A a ATTACHMENT L O Certification for Federal-Aid Contracts The contractor certifies, by signing this contract,to the best of its knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, a officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts,which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 12 Hello