HomeMy WebLinkAbout871174.tiff RESOLUTION
RE: APPROVE CONTRACT BETWEEN WELD COUNTY AND RICHARD WEINGARDT
CONSULTANTS, 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 Richard Weingardt Consultants, Inc. concerning
engineering services for design of Bridge 15/44B over the Little
Thompson River on Weld County Road 15 between Weld County Roads 44
and 46 , and
WHEREAS, the terms and conditions are as stated in the
Contract, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after review, the Board deems it advisable to
approve said Contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Contract between
Weld County, Colorado, and Richard Weingardt Consultants, Inc.
concerning Bridge 15/44B over the Little Thompson River 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
September, A.D. , 1987 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD CO C ORADO
Weld County C erk and Recorder
and Clerk to the Board Go Chairman
BY: ?t%urk
i2dm
APPROVED AS TO FORM: Gene R. Ber
(I C;774 °W--44eec2 Ja S. e Jdn o
County Attorney
Frank Y=mag chi
F1;r" ' 9 p 871174
CONTRACT
THIS CONTRACT, made this 9th day of September
1987, by and between WELD COUNTY hereinafter referred to as the
County, and Richard Weingardt Consultants, Inc. , whose address is
400 Alamo Plaza, 1401 17th Street, Denver, CO 80202, hereinafter
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 15/44B over the Little Thompson River including road
approaches under project BRO 0003(5); 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 15 between County Road 44 and 46 and
crossing the Little Thompson River.
Page 1 8 711 74
SECTION 2. SCOPE OF WORK
The Consultant shall perform the following:
1. Design Criteria
All work shall be 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
Manual on Uniform Traffic Control Devices, FHWA, latest
edition
Federal and State Regulations on ROW acquisition and
relocation Contract between Weld County and consultant.
2. Pre Design Meeting.
Attend Pre Design Meeting sponsored by the Colorado
Department of Highways after consultant selection and
contract to discuss relevant design criteria and
potential design constraints.
3. Site Inspection
Visit project site for overall evaluation of scope of
work.
4. Subsurface Exploration
Drill test holes and obtain samples.
Determine relevant soil characteristics including
R-values for pavement design.
Prepare soils investigation report.
5. Survey
Locate existing corners and establish ties to existing
corners.
Establish horizontal control and vertical control.
Survey topography.
Survey roadway cross sections.
Survey data pertinent to hydrology and hydraulic study.
6. 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.
Page 2 871174 4
7. Preliminary Hydrology and Hydraulic Design
Obtain drainage basin data.
Obtain historical data.
Determine precipitation, runoff, peak flows and
frequency.
Receive drainage requirements from Weld County.
Determine water surface profile and perform hydraulic
analysis.
Determine size and skew of structure.
Prepare preliminary hydrology/hydraulic report.
8. 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 for recommended structure type
in accordance with chapter 6 of the CDOH Bridge Manual,
Vol. II.
9. Preliminary Roadway Design
Design horizontal and vertical alignment.
Perform pavement structure design.
Determine roadway typical cross section.
Plot roadway plan and profile on plan sheet.
10. Preliminary Rights-Of-Way and Easements
Determine preliminary ROW and easements requirements
from preliminary structure and roadway design.
Coordinate ROW and easements with CDOH District ROW
supervisor.
11. Permits
Coordinate with CDOH District Environmental Manager.
The CDOH shall prepare and submit applications for all
permits, if required.
12. Preliminary Design Report for FIR Meeting
The Preliminary Design Report shall include: geology
report; hydrology/hydraulic report; comparison of
alternate structure designs including quantities and
costs for each; justification for recommended structure
type; general layout of recommended structure type
including bridge plan view, bridge elevation view and
bridge superstructure cross section view; plan and
profile of roadway.
Four copies of the Preliminary Design Report shall be
submitted to the CDOH and one copy to Weld County for
review prior to the Field Inspection Review meeting.
Page 3 871174
13. Field Inspection Review (FIR) Meeting
Attend Field Inspection Review meeting.
Record minutes of the meeting and distribute to CDOH
and Weld County.
14. Final Hydrology and Hydraulic Design
Review preliminary hydrology/hydraulic report and
update in accordance with FIR.
Include the flow line elevation, freeboard, design
flow, design velocity, and other pertinent
hydrology/hydraulic data in the plan sheets.
Determine if embankment protection is required, and if
so, provide final details.
15. Final Structure Design
The consultant shall not proceed with the final design
until receiving approval of the preliminary design from
the CDOH.
Revise the preliminary structure design incorporating
comments from the FIR and proceed with the final design
as directed by the CDOH.
16. Final Roadway Design
The consultant shall not proceed with the final design
until receiving approval of the preliminary design from
the CDOH.
Revise the preliminary roadway design incorporating
comments from the FIR and proceed with the final
design.
17. 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.
18. Utility Coordination
Subsequent to the Fir adjustments shall be made and
conflicts resolved as necessary.
Determine work to be coordinated with construction, if
necessary.
19. Traffic Control Plan
Determine detour route and submit to Weld County for
approval.
Prepare traffic control plan.
Page 4 871174
20. Final Plan Sheets
Acquire standard sheets from CDOH and fill in
applicable information.
Revise preliminary plan sheets to include changes
discussed during FIR.
The final plan sheets shall be as follows:
Sheet No. 1 - Title Sheet
A CDOH 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 CDOH 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 CDOH standard sheet. The CDOH item
descriptions and abbreviations shall be used.
Sheet No. 5 - Tabulations
Tabulations of earthwork quantities, base
course and surface course quantities,
construction traffic control devices,
guardrail, riprap, etc.
Sheet No. 6 - General Information, Summary of
Quantities
A CDOH 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 - Bridge Hydrology/Hydraulic
Information
Includes tabulation of hydrology/hydraulic
data; storm discharge - frequency; flow line
elevation; freeboard; design flow; design
velocity.
Page 5 871174
Sheet No. 9 - Piling Layout or Caissons Layout (if
applicable)
Foundation layout including estimated pile
tip elevations and maximum end bearing pile
loads, if applicable.
Sheet No. 10 - Abutments
One or more sheets with layouts and details
of substructure.
Sheet No. 11 - Superstructure
One or more sheets with layouts and details
of superstructure.
Sheet No. 12 - Bridge Rail Type 3
A CDOH standard sheet.
Sheet No. 13 - Roadway Plan and Profile
One or more sheets to be drafted in
accordance with CDOH 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); address of property owners (if
applicable); vertical curve design data;
horizontal curve design data (if applicable).
Sheet No. 14 - 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); cut and fill quantities
including area and volume based on the
average end area method for every cross
section station.
Compute final quantities based on final design.
Compute total cost based on final quantities.
Perform in-house independent design check.
Compute bridge ratings for CDOH HS-20, Type 3, Type 3S2
and Type 3-2 vehicles.
Write special provisions as required due to deviations
from CDOH standard specifications.
Submit copies of plan sheets and special provisions to
CDOH and Weld County for review prior to Final Office
Review meeting.
Page 6 871174
21. Final Office Review (FOR) Meeting Attend Final Office
Review meeting.
Record minutes of meeting and distribute to CDOH and
Weld County.
Incorporate corrections to plan sheets and special
provisions in accordance with FOR.
22. Correspondence with CDOH and Weld County
The consultant shall correspond with the CDOH and Weld
County in order to facilitate the completion of the
project.
Correspondence shall include but not be limited to the
following:
Submittal of copies of correspondence with all
utility companies to CDOH District Utility
Engineer for coordination and clearance;
Submittal of any structure design and roadway
design variances from AASHTO design criteria to
CDOH and Weld County;
Submittal of copies of design calculations to CDOH
and Weld County;
Submittal of copies of independent design check
calculations to CDOH and Weld County;
Submittal of bridge rating to CDOH and Weld
County;
Submittal of copies of final quantities
computations to CDOH and Weld County;
Submittal of mylar sepias of original final plan
sheets to Weld County.
23. 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
requirements of 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
Page 7 871174
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
Engineer's 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
ASSHTO 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
Page 8 871174
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
commencement 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:
Page 9 871174
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
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 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
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:
Page 10 871174
A. Services in preparation of plans,
special provisions, estimates and
consultation during construction
lump sum $16,410.00
B. Review of shop drawings
(32 x $45/hr) $ 1,440.00
C. Total cost not to be exceeded
without a supplemental contract $17,850.00
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 RESPONSIBILITIES 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 O
Page 11 871174
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.
BOARD OF WELD COUNTY COMMISSIONERS
ATTEST:
yN BY:
County Clerk and Recorder Gor
and Clerk to the Board Chairman
BY: / ""a ajj)!
Deputy County lerk
RICHARD WEINGARDT CONSULTANTS, INC.
APPROVED S FORM: BY: /ip.eM
ona d L. erry, Vice President
C unty Attorney
COLORADO DIVISION OF HIGHWA S
Approved:°`-13��A°rA/07
(Date)
BY: 407"e&
Z" ✓ / 6-inds
TITLE: Agreeinli1 t tyincer'
Page 12 871174
CERTIFICATE OF CONSULTANT
I hereby certify that I am the duly authorized representative of
the firm of Richard Weingardt Consultants, Inc. , whose address is
400 Alamo Plaza, 1401 17th Street, Denver, CO 80202, 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 participating of Federal Aid highway
funds, and is subject to applicable State and Federal laws, both
criminal and civil. /� r
StC-4 -1/ /987 /r ' /• G" Vice President
(Date) (Signature)
871174
Page 13
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.
cSep-term her % 1981
(Date)
BOARD OF WELD COUNTY COMMISSIONERS
BY:
on acy
Chairman
ATTEST: %fil�E �� 141
Weld County C rk and Recorder
and Clerk to the Board
•
BY: /u1+U' hat
Deputy Count Clerk
871174
Page 14
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 license, 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 be
reason thereof.
SECTION 5. INSURANCE AND INDEMNIFY.
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 ry
871174
Page 15
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 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
871174
Page 16
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 contract: 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 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.
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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 subcontract, 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 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 possession of another who fails or
refuses to furnish this information, the consultant
shall so certify to the County or the FHWA as
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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
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
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 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
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.
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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
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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. The 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
subconsultants 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
determine 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 consultant, 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.
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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.
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