HomeMy WebLinkAbout870082.tiff RESOLUTION
RE: APPROVE CONTRACT FOR ENGINEERING SERVICES BETWEEN WELD COUNTY
AND RBD, INC. AND AUTHORIZE CHAIRMAN TO SIGN
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 a Contract between
Weld County and RBD, Inc. for engineering services for the design
of Weld County Bridge 6/23B, and
WHEREAS, the terms and conditions are as stated in said
Contract, and
WHEREAS, after review, the Board deems it advisable to
approve said Contract, a copy being attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Contract between
Weld County and RBD, Inc. for engineering services for the design
of Weld County Bridge 6/23B be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Contract.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 9th day of
February, A.D. , 1987.
/t �f •f- BOARD OF COUNTY COMMISSIONERS
ATTEST; f:t.iwK'f' M�ht�rJ WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Board Gordon E. Lacy, Chairman
cly �YK e� C.W. Kirby, Pr Tem
D ut erk
t Y County
APPROVED AS TO FORM: ene R. Brantner
Ja que n .h
County Attor y
Frank Yamaguchi
870082
CONTRACT
THIS CONTRACT, made this 9th day of February , 1987 , by and
between WELD COUNTY hereinafter referred to as the County, and RBD, Inc.
whose address is 2900 S. College Avenue, Ft. Collins, CO. , 80525, herein-
after referred to as the Engineer or Consultant.
WHEREAS, required approval , clearance and coordination has been
accomplished from the appropriate agencies ; and
WHEREAS, the County anticipates the construction of a bridge numbered
6/233 over the Lupton Bottom Ditch including road approaches .; and
WHEREAS, the County desires to engage the Consultant to provide the
necessary construction plans for the structures and road approaches which
is hereinafter referred to as the Work; and
WHEREAS, the work is of prime urgency to the County; and
WHEREAS, the County deems it to be in the public interest to engage
the Consultant to perform the Work stated above; and
WHEREAS, the selection of the Consultant by the County was based upon a
comparative evaluation of the professional qualifications necessary for
satisfactory performance of the services required, with relation to other
available engineers so qualified; and
WHEREAS, the Consultant represents that he is in compliance with the
State of Colorado Statutes relating to the registration of professional
engineers, and has signified his willingness to furnish the required
services for the County; and
WHEREAS, the State Department of Highways will hereinafter be referred
to as State.
NOW, THEREFORE, it is hereby agreed:
ARTICLE I
WORK LOCATION AND SCOPE OF WORK
SECTION 1. WORK LOCATION
The subject bridge of this contract is located within Weld County on
County Road 6 crossing the Lupton Bottom Ditch
SECTION 2. SCOPE OF WORK
The Consultant shall perform the following:
1. Design Criteria
All work shall be in compliance with the following:
Standard Specifications for Highway Bridges, AASHTO, latest edition
A Policy on Geometric Design of Highways and Streets, AASHTO, latest edition
Standard Specifications for Road and Bridge Construction, CDOH, latest edition
Materials Manual , CDOH, latest edition
Bridge Manual , Vol . I and II, CDOH
Design Manual , CDOH, latest edition
Drafting Manual , CDOH, latest edition
M & S Standards , CDOH, latest edition
Uniform Manual of Traffic Control Devices , FHWA, latest edition
Federal and State Regulations on ROW Acquisition and Relocation
HS20-44 loading
55 MPH design speed
2. Pre-Design Meeting
Attend Pre-Design meeting sponsored by the State after consultant
selection and contract to discuss relevant design criteria and
potential design constraints .
3. Subsurface Exploration
Drill test holes and obtain samples.
Determine relevant soil characteristics.
Prepare soils investigation report with recommendations on substructure
type.
Prepare geology plan sheet.
4. Survey
Locate existing corners and establish ties to existing corners.
Establish horizontal control and vertical control .
Survey topography.
Survey roadway cross sections and profile.
Survey data pertinent to hydrology and hydraulic study including
channel cross sections and profile.
5. Utility Coordination
Contact all utilities involved regarding project and meet with
utilities at project site to locate existing and proposed facilities .
Determine impact of project on utilities and resolve adjustments,
if any, such as line relocation, utility hangers for reattachment
to new structure, cost incurred, etc.
The location of the utilities shall be included in the final plan
sheets with the name, address and telephone number of the respective
utility company.
6. Preliminary Hydrology and Hydraulic Design
Obtain drainage basin data.
Obtain historical data.
Determine precipitation, runoff, peak flows and frequency.
Receive drainage requirements from County.
Determine water surface profile and perform hydraulic analysis.
Determine size and skew of structure.
7. Preliminary Structure Design
Determine two, as a minimum, feasible substructure and superstructure
alternatives.
Determine foundation type based on soils investigation.
Select type of substructure and superstructure.
Prepare general layout and detail sketches for recommended
structure type in accordance with chapter 6 of the State Bridge
Manual , Vol . II.
8. Preliminary Roadway Design
Design horizontal and vertical alignment, if applicable.
Determine roadway typical cross section.
Plot existing and proposed roadway plan and profile on plan sheet.
Plot roadway cross sections including road approaches, if any.
Perform pavement structure design.
9. Preliminary Rights-of-way and Easements
Determine preliminary ROW and easements requirements from preliminary
structure and roadway design.
Coordinate ROW and easements with State District ROW supervisor.
Identify parcels involved, if applicable.
Prepare preliminary ROW plans, if applicable.
10. Permits
Coordinate with State District Environmental Manager.
Prepare and submit applications for all permits, if required, such as :
Corps of Engineers 404 permit;
Colorado Department of Health 401 and 402 permits.
11. Preliminary Plan Sheets
Prepare plan sheets for Field Inspection Review.
Compute preliminary quantities.
Prepare preliminary cost estimate.
Print and distribute preliminary plan sets for State and County
review prior to Field Inspection Review.
12. Field Inspection Review (FIR) Meeting
Attend Field Inspection Review meeting.
Record minutes of the meeting and distribute to State and County.
13. Final Hydrology and Hydraulic Design
The consultant shall not proceed with the final design until
receiving written approval of the preliminary design from the County.
Review preliminary hydrology and hydraulic design and update in accordance
with FIR.
Include the flow line elevation, freeboard, design flow, design velocity
and other pertinent hydraulic data in the plan sheets.
Determine if embankment protection is required, and if so, provide final
details .
14. Final Structure Design
The consultant shall not proceed with the final design until receiving
written approval of the preliminary design from the County.
Revise the preliminary structure design incorporating comments from
the FIR and proceed with the final design as directed by the State
and County.
15. Final Roadway Design
The consultant shall not proceed with the final design until
receiving written approval of the preliminary design from the County.
Revise the preliminary roadway design incorporating comments from
the FIR and proceed with the final design as directed by the State
and County.
16. Final Rights-of-Way and Easements
Include the limits of the existing right-of-way and new rights-of-
way (if applicable) in the plan sheets.
Include the limits of the new easements (if applicable) in the plan
sheets.
Incorporate the property owner names, property owner addresses and
legal descriptions (if applicable) in the plan sheets.
17. Utility Coordination
Subsequent to the FIR adjustments shall be made and conflicts resolved
as necessary.
Determine work to be coordinated with construction, if necessary.
18. Traffic Control Plan
Determine detour route and submit to the County for approval .
Prepare traffic control plan for review and approval .
19. Final Plan Sheets
Acquire standard sheets from State and fill in applicable information.
Revise preliminary plan sheets to include changes discussed during
FIR.
The final plan sheets are to be as follows:
Sheet No. 1 - Title Sheet
A State standard sheet. Includes sheet index, project site
location map, tabulation of length and design data:
Beginning and ending stationing of project; length of
roadway; length of bridge; degree of curve; grade;
horizontal SSD; vertical SSD; design speed; and design ADT.
Sheet No. 2 - Standard Plans List
A State standard sheet. A listing of M & S Standards
applicable to the project.
Sheet No. 3 - Roadway General Notes and Typical. Cross Section
Includes pavement design criteria: 18k E.D.L.A. ; R value;
HBP strength coefficient; ABC Class 6 strength coefficient;
structural number; weighted structural number.
Sheet No. 4 - Summary of Approximate Quantities
A State standard sheet. The State item descriptions and
abbreviations are to be used.
Sheet No. 5 - Tabulations
Tabulations of earthwork quantities, base course and surface
course quantities, construction traffic control devices,
guardrail , etc.
Sheet No. 6 - General Information, Summary of Quantities
A State standard sheet. Includes index of bridge sheets,
bridge description, general bridge notes, summary of bridge
quantities.
Sheet No. 7 - Bridge General Layout
Includes bridge plan view, bridge elevation view and
bridge typical cross section.
Sheet No. 8 - Engineering Geology
Includes location of borings,depth of borings, boring
legend, field and laboratory tests.
Sheet No. 9 - Bridge Hydraulic Information
Includes tabulation of hydraulic data; flow line elevation;
freeboard; design flow; design velocity.
Sheet No. 10 - Piling Layout or Caissons Layout (if applicable)
Sheet No. 11 - Abutments
One or more sheets with layouts and details of substructure,
Sheet No. 12 - Superstructure
One or more sheets with layouts and details of superstructure.
Sheet No. 13 - Bridge Rail Type 3
A State standard sheet.
Sheet No. 14 - Roadway Plan and Profile
One or more sheets to be drafted in accordance with State
standard M-100-1.
Includes the following: Stationing; construction centerline;
section line; bearings; corners; ties to corners; benchmark
elevation and location; utilities ; embankment catch points;
existing right-of-way; new rights-of-way (if applicable) ;
new easements (if applicable) ; legal descriptions (if
applicable); names of property owners (if applicable) ;
addresses of property owners (if applicable) ; vertical
curve design data; horizontal curve design data (if
applicable) .
Sheet No. 15 - Roadway Cross Sections
One or more sheets. Includes the following: Road
approaches (if applicable) ; construction centerline;
roadway centerline elevations; existing right-of-way or
new rights-of-way (if applicable) ; excavation and
embankment quantities including area and volume based
on the average end area method for every cross section
station to cross section station.
Perform independent in-house check of design calculations.
Compute final quantities based on final design.
Write special provisions as required due to deviations of State,
"Standard Specifications for Road and Bridge Construction" .
Print and distribute copies of plan sets and special provisions
for State and County review prior to Final Office Review meeting.
20. Final Office Review (FOR) Meeting
Attend Final Office Review meeting.
Record minutes of meeting and distribute to State and County.
Incorporate corrections to plan sheets and special provisions in
accordance with FOR.
21. Correspondence with State and County
The consultant shall correspond with the State and County in
order to facilitate the completion of the project. Correspondence
shall include but not be limited to the following:
Submittal of Soils Investigation Report to State and County;
Submittal of copies of correspondence with all utility companies
to State District Utility Engineer for coordination and clearance;
Submittal of preliminary hydrology and hydraulic calculations and
results to State Hydraulics Unit for approval ;
Submittal of preliminary structure cost comparisons and justification
of preliminary structure type selection to State and County;
Submittal of any preliminary structure design and preliminary
roadway design variances from AASHTO design criteria to State and
County;
Submittal of copies of design calculations to State and County;
Submittal of copies of independent check of design calculations to
State and County;
Submittal of bridge rating;
Submittal of copies of final quantities computations to State and
County;
Submittal of mylar sepias of original final plan sheets to County;
Subsequent to FOR transmit the original final plan sheets and
special provisions to State.
22. Construction
Review shop drawings.
Act in advisory capacity as required during construction.
ARTICLE II
GENERAL
SECTION 1. GENERAL REQUIREMENTS
A. Subsequent to and resultant of the County's performance in
furnishing the Consultant the information and data referred to
in Article III hereinafter, the Consultant agrees to undertake
and faithfully fulfill the requirementsof this contract. The
Consultant agrees to develop in close cooperation with the
County and State, preliminary designs, final designs, contract
documents and construction estimates. The work is to be
consistent with the current design criteria of the State
and in conformity with standards adopted by the American
Association of State Highway and Transportation Officials
(AASHTO) as amended prior to the date of this contract.
B. Pursuant to County's written authorization to proceed, the
Engineer agrees to undertake and prosecute the work hereunder
in accordance with the schedule and conditions set forth herein.
SECTION 2. ENGINEERING
A. The Consultant shall perform any reasonable changes, modifications
and/or adjustments to the preliminary and final design drawings
as the County may require and, if requested , resubmit any such
revisions .for reviews.
SECTION 3. CONSTRUCTION PLANS, SPECIAL PROVISIONS AND ESTIMATES
The Engineer understands and agrees that subsequent to the necessary
approvals and authorizations, complete planning for construction of
the work as outlined in Article I of this contract shall be prepared.
A. Advance submittals to the County of details of the designs may be
made at any time for informal review and approval .
B. Complete detailed plans for the bridge covered by this contract
bearing the Consultant' s Professional Engineers Stamp in Colorado
shall be submitted to the County and State. The details shall be
furnished on standard dimensioned sheets and drafted to conventional
scales. It is understood that the final designs shall conform with
"Standard Specifications for Highway Bridges" and "Highway Design
and Operational Practices Related to Highway Safety" both as
published by the AASHTO and amended to date of this contract and
also with current State safety criteria. The Consultant shall
certify that the final plans have been subjected to an independent
check and shall certify that due care has been used to see that the
plans are accurate and complete to the best of his professional
knowledge, belief and opinion.
C. All final drawings for incorporation into the construction plans
purported to be a part of the final construction contract plans
shall be done in pencil or ink on vellum or polyester sheets of
sufficient quality to enable the County to make Cronar or Mylar
reproducibles. To meet reproduction requirements all drafting
and lettering shall be of proper density, legibility, and sufficient
proportion to remain legible after reduction to half-size. Plans
and specifications used shall comply with the standards specified in
U.S. Department of Transportation, Federal Highway Administration
(FHWA) Federal-aid Highway Program Manual (FHPM), Volume 6, Chapter 4,
Section 2, Subsection 5.
D. The County shall notify the Consultant, in writing, of its approval
of said construction plans, special provisions and construction
estimates or of any revisions required.
E. Required revisions in quantities and corrections of errors in
construction plans, which said revisions or errors are not
deemed by the parties hereto to be attributable to the State,
shall be made in an expeditious manner by the Consultant at no
additional cost to the County; provided, however, that in the
event the award of construction contract(s) does not occur within
six months from date of acceptance of the construction plans by
the County, the Consultant's responsibilities in this respect
shall cease.
SECTION 4. SHOP DRAWINGS
During construction the Engineer shall review all of the construction
contractor's shop drawings which have been submitted, in compliance
with the provisions of "Standard Specifications for Road and Bridge
Construction" , latest edition, in connection with this work.
SECTION 5. COMMENCEMENT AND COMPLETION OF WORK
A. The Consultant agrees to begin work on the date set for commence-
ment of the work in the County's written "Authorization to Proceed",
as provided in Article III , Section 2, Paragraph B, herein and said
date shall be the date upon which all contract time-count for
completion of the work shall be based.
B. Except as may be changed in writing by the County, the Consultant
shall furnish completed plans, special provisions and estimates
for the project within 150 calendar days from the date set for
commencement of the work, exclusive of all days lost for review
and approvals by the County or the State, or 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.
ARTICLE III
COMMITMENTS ON THE PART OF THE COUNTY
SECTION 1. DATA AVAILABLE
A. The County shall furnish the Consultant all pertinent data
which is available, including but not limited to:
1. If needed, hydrology information based on a preliminary flood
plain report by the U. S. Army Corps of Engineers.
SECTION 2. COUNTY OBLIGATIONS
A. The County Engineer shall direct the work, coordinate reviews,
approvals and authorizations of all stages of the work.
B. Pursuant to approval of this contract by all concerned, the County
shall notify the Consultant, in writing, to commence work, by an
"Authorization to Proceed" (See Article II , Section 5, Paragraph A) .
C. Upon written notice from the Consultant of the existance 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 by a supplemental contract.
D. The County's approvals of the formal submittals by the
Consultant shall be given in writing in all instances. If
verbal approvals are first given in the interest of progressing
the work, such verbal approvals shall be confirmed in writing
by the County at the earliest possible time.
E. In the event the County shall require changes in the scope,
character or complexity of the work to be performed, which
said changes cause an increase or decrease in the costs to the
Consultant or time for performance, an equitable adjustment in
fees and completion time shall be negotiated between the parties
and this contract shall be modified accordingly by a supplemental
contract. Any change made without such prior contract shall be
deemed covered in the Compensation and Time provisions of this
contract. Any claims by the Consultant for adjustment hereunder,
except by a supplemental contract, must be made in writing prior
to performance of any changed work or services.
ARTICLE IV
COMPENSATION OF SERVICES
SECTION 1. FEE
For the required design work and services described herein before
the County agrees to pay the Consultant, and the Consultant agrees
to accept lump sum compensation as follows :
A. Services in preparation of plans,
special provisions and estimates
lump sum $22,900.00
B. Review of shop drawings
(18mh x $55/hr) + (6.5 mh x $40/hr) $ 1,250.00
C. Total cost not to be exceeded
without a supplemental contract $24,150.00
SECTION 2. PAYMENT
Payment for review of shop drawings , the fee for which services are
listed in this Article IV, Section 1, Paragraph B hereinbefore, shall
be paid after the drawings for the structures have been reviewed by
the Consultant. In the event the structures are not placed under
contract for construction within one year after completion of design
plans and acceptance thereof by the County, this contract may be
terminated upon written notice by either party and the County shall
be under no obligation to pay the Consultant for further services
relating to such reviewing and the Consultant shall not be obligated
to perform this service.
ARTICLE V
GENERAL PROVISIONS
SECTION 1. LEGAL RELATIONS AND RESPONSIBILITIES
It is mutually understood and agreed by and between the parties
hereto that each of the said principal parties shall at all times
during the term of this contract abide by and conform to the
pertinent terms of APPENDIX A marked "LEGAL RELATIONS AND RESPONSI-
BILITIES TO THE PUBLIC", which is attached hereto and made a part
hereof.
SECTION 2. COVENANTS AGAINST CONTINGENT FEES
The County's and the Consultant's covenants against contingent fees
marked as "CERTIFICATION OF CONSULTANT" are attached hereto immediately
following the signature page, and made a part hereof.
SECTION 3. FUNDING
This contract shall be payable from the Road and Bridge Budget, the
maximum cost to the County being as set forth in Article IV, Section 1,
Paragraphs A and B, subject to the conditions for a Supplemental
Agreement as set forth in Article III , Section 2, Paragraph E.
SECTION 4. INDEPENDENT CONTRACTOR
The Engineer as an independent contractor, its agents or employees
will receive no benefits directly or indirectly that accrue to
County employees in the performance of this contract. The Consultant
agrees to hold harmless and indemnify the County or other pertinent
government .agency against any liability arising out of negligent acts,
errors or omissions of the Consultant, his employees or agents.
IN WITNESS WHEREOF, the parties hereto have cause this contract to be
executed by their duly authorized officers that day and year first above
written.
ATTEST: BOARD OF WELD COUNTY COMMISSIONERS
‘711Qci. a,
Coy l7lerk and Recorder BY: ede./ear
and Clerk to the Board .W. Kirby
Chairman Pro-Tem-ThCBY;_ 69INX-c-e
De uty County Cle RBD, INC.
BY: b)5
444-sf---n-----
APPROVED AS TO FORM: COLORADO DIVISION OF HIGHWAYS
Approved: AA l /�r4 9 /91,7e..-t-� Date) '
A.--,,, aunty Attorney
BY: 7. ac, pe l -1 �-
TITLE: /�41/Iv/w-°-c'.innCnb el5Acciee:ttw; 4i4� ,
SUMMARY OF CONSULTANT'S ESTIMATE OF
COSTS FOR CONSULTING SERVICES
RBD, Inc.
2900 S. College Avenue
Ft. Collins, CO 80525
Task Cost
Project scoping, meeting with State and County $ 350.00
Field survey, CADD plot 1,450.00
Preliminary soils investigation 1,950.00
Hydraulics/hydrology report 1,300.00
Preliminary structure design 1,600.00
(analysis/costing of alternatives)
Design selected alternative including 3,300.00
roadway approaches
Prepare general layout, engineering geology 1,600.00
and bridge hydraulic sheets
Field Inspection Review 350.00
Include FIR changes , complete hydraulic, 1,900.00
structure, roadway designs and revise
cost estimate
Prepare plan sheets per State guidelines 6,950.00
Submit for approval 300.00
Incorporate final plan revisions 750.00
Obtain final plan approval 350.00
Final Office Review 450.00
Submit to State and County 300.00
Review shop drawings 1,250.00
TOTAL $24,150.00
CERTIFICATION OF CONSULTANT
I hereby certify that I am the duly authorized representative of the
firm of RBD, Inc. , whose address is 2900 S. College Avenue, Ft.
Collins, CO 80525, and that neither I nor the above firm I hereby
represent has :
(a) employed or retained for a commission, percentage, brokerage,
contingent fee, or other consideration, any firm or person
(other than a bona fide employee working solely for me or the
above consultant) to solicit or secure this contract;
(b) agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or
person in connection with carrying out the contract; or
(c) paid, or agreed to pay, to any firm, organization or person
(other than a bona fide employee working solely for me or the
above consultant) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring
or carrying out the contract;
except as here expressly stated (if any) :
I acknowledge that this certification is to be furnished to Weld
County, the State Department of Highways, Division of Highways, State
of Colorado and the Federal Highway Administration, U. S. Department
of Transportation, in connection with this contract involving participation
of Federal Aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil .
)
, --
%own
(Date)
(Signature)
(Date)
CERTIFICATION OF WELD COUNTY
I hereby certify. that I am the duly authorized representative of Weld
County, State of Colorado, and that the Consulting Firm stated under
"CERTIFICATION OF CONSULTANT" or his representative has not been required,
directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this contract to:
(a) employ or retain, or agree to employ or retain, any
firm or person; or
(b) pay, or agree to pay, to any firm, person, or organization,
any fee, contribution, donation, or consideration of any kind;
except as here expressly stated (if any) :
I acknowledge that this certificate is to be furnished to the Federal
Highway Administration, U. S. Department of Transportation in connection
with this contract involving participation of Federal Aid highway funds,
and is subject. to applicable State and Federal laws, both criminal and
civil .
February 9 1987
(Date)
BOARD OF WELD COUNTY COMMISSIONERS
BY: L, //
G.W. Kirby
Chairman Pro- em
7_
ATTEST: 1' i �"`n1 " ' '
Weld County Clerk and Recorder
and Clerk To The Board Approved AA 1e-, 9 19 17
For Colorado Department of Highways
BF. Deputy County lerk
6y / � z
T. A. Larimer
Agreements & Specifications Engr.
APPENDIX "A"
ARTICLE I
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 such law, ordinance,
regulations, 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. RESPONSIBILITIES.
The Consultant shall be responsible for all damages to persons or
property caused by the Consultant, its agents or employees , which may result
from its negligent acts, errors and omissions hereunder, and shall indemnify
and hold harmless the State from any claims or actions brought against the
County by reason thereof.
SECTION 5. INSURANCE AND INDEMNITY.
A. The Consultant shall carry the following minimum amounts of
insurance:
(1) Workmen's Compensation in statutory limits.
(2) Comprehensive General and Automobile Liability Policy for
amounts not less than:
Bodily Injury
$400,000 each occurrence
Property Damage
$100,000 each occurrence or $500,000 combined single limit
(3) Architects' and/or Engineers' Professional Liability Policy for
amounts not less than $250,000 per claim.
B. Said insurance shall be maintained in full force and affect
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. Certificates showing the Consultant is carrying the above described
insurance shall be furnished to the County prior to commencement
of the work.
SECTION 6. AUTHORIZATIONS AND APPROVALS ,
The Consultant is hereby advised that the reimbursement of 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 has been
issued by the County. In the event the consultant knowingly or other-
wise proceeds with any work prior to the authorization 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 7. TERMINATION AND ASSIGNMENT OF CONTRACT .
A. The right is reserved by the County to terminate this contract at
any time upon written notice, in the event this project is to be
abandoned or indefinitely postponed, or in case the services of
the consultant in the judgment 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 Compen-
sation 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 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 person or 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 bona fide 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 bona fide
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 8. 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 of the Department
of Transportation 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 award
and prior to completion of the contract work, shall not discriminate
on the ground of race, color, sex, mental or physical handicap or
national origin in the selection and retention of subconsultants,
including procurements 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 practices when the contract covers a program
set forth in Appendix C of the Regulations.
C. Solicitations for Subcontracts, Including Procurements of
Materials and Equipment.
In all solicitations either by competitive bidding or negotiation
made by the consultant for work to be performed under a sub-
contract, including procurements of materials or equipment, each
potential subconsultant or supplier shall be notified by the
consultant of the consultant's obligations under this contract
and the Regulations relative to nondiscrimination on the ground
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 ordersand 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 nondis-
crimination 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 Paragraph A through
E in every subcontract, including procurements 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 threat-
ened with, litigation with a subconsultant or supplier as a result
of such direction, the consultant may request the County to enter
into:-s:uch1igitation to protect the interests 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 9. GENERAL .
A. Classified Nature of Services.
(1) The consultant understands that all services hereunder are
confidential in character, and that as such, details and
investigation 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) Similarily, 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.
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 State 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.
(2) The 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, the State, FHWA or any authorized
representatives of the Federal Government and copies thereof
shall be furnished if requested.
SECTION 10. 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 Contracting
Officer. The decision of the Contracting Officer 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 Contracting Officer. 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
Contracting Officer's decision. The decision of the
Contracting Officer or his duly authorized representative for
the determination of such appeals will be final and conclusive.
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 11. 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 of the County for subconsultants shall be
in amounts equal to the actual allowable costs paid to the subconsult-
ants and shall not exceed the amounts as stated in the consultant's
accepted proposal .
SECTION 12. ADJUSTMENT OF CONTRACT PRICE.
In conformance with applicable County, 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 Contracting Officer determines that the
contract price had been increased due to inaccurate, incomplete
or noncurrent wage rates and other factual unit costs .
SECTION 13. 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 State, without
restriction. Copies of said documents may be retained by the consult-
ant, but shall not be made available to another individual or
organization without the prior written approval of the County.
SECTION 14. 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
Weld 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 15. PAYMENT .
A. All invoices shall be submitted by the consultant to the County
for payment pursuant to the terms of this contract. Upon 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.
(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 of 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.
B. An amount will be retained from each payment to the consultant,
no matter what type of payment is specified in the contract, that
is 10% of the approved invoice amount, except that when the
retained amount reaches 5% of the total amount of the contract,
exclusive of the amount estimated for checking shop drawings, no
further amounts will be retained.
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, the State
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.
;4 ! EORAflDU
wineTo clerk t the Board Date February 4, 1987 _COLORADO From R L. antrell , Civil Engineer II, Engineering Department
Subject. Contract between Weld County and RBD, Inc.
and authorize Chairman to sign. _
Please place on the Board's agenda for consideration the contract
between Weld County and RBD, Inc. for engineering services for the
design of Weld County Bridge 6/23B. Upon approval and signature
of the Chairman, return the original to us.
RLC/bf
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