HomeMy WebLinkAbout851457.tiff CONTRACT FOR ENGINEERING SERVICES
FOR
WELD COUNTY BRIDGE NO. 45/581B
THIS AGREEMENT, made and entered into this 13th day of
March , 1985 , by and between the COUNTY OF WELD, of the
State of Colorado, with offices at 915 10th Street, P.O. Box
758 , Greeley, Colorado, 80631 (hereinafter referred to as
"County") and the professional consulting firm of LANDMARK
ENGINEERING LTD, with offices at 2300 West Eisenhower Boulevard,
Loveland, Colorado, 80537 (hereinafter referred to as
"Engineer") .
W I T N E S S E T H :
THAT WHEREAS , the County has established a program of
design and construction of public improvements for Weld County
Bridge No. 45/581B (also know as the Fern Avenue bridge over the
Cache La Poudre River) ; and
WHEREAS, the the County desires to obtain professional
engineering services for the design of public improvements
related to the heretofore-mentioned project; and
WHEREAS, Engineer represents that they possess the
necessary qualifications to perform these services.
NOW, THEREFORE, for the consideration herein expressed, it
is hereby agreed as follows by and between the County and
Engineer:
I . EMPLOYMENT OF ENGINEER. The County hereby agrees
to engage Engineer and the Engineer hereby agrees
to perform the services hereinafter set forth.
II . PROJECT DESCRIPTION. This project will consist of
the following improvements :
A. The design of vehicular bridge to carry Fern
Avenue over the Cache La Poudre River.
B. The design on the approach roadways on each
side of the bridge.
III. SERVICES TO BE PROVIDED BY THE ENGINEER.
The basic work of the Engineer shall be:
(1) preliminary or conceptual analysis and design
with technical and economic feasibility evaluation
of various alternatives, (2) final design and
preparation of construction drawings,
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specifications, and bid documents, and (3) provide
final Engineer' s Construction Cost Estimate.
The work of the Engineer is specifically defined
as follows:
A. Preliminary Design Phase
1 . Review of Existing Data - The Engineer
shall review all existing survey,
designs, and right-of-way data to
determine its usefulness and to avoid
unnecessary procurement of existing
data.
2. Design Survey - The Engineer shall
perform a preliminary design survey
including information for profiles and
cross-sections as well as horizontal
control. The site survey work will be
established such that detailed
construction drawings can be prepared
from this base survey. The Engineer
shall also direct and schedule existing
utility investigations for those
utilities that will have to be
considered in the design of the new
project.
3 . Right-of-Way - Official records and
field survey shall be used as necessary
to establish all existing and proposed
property lines which will define the
public Right-of-Way and easements.
4. Soil Tests - Appropriate soil tests and
analysis shall support pavement and
structural design performed by the
Engineer. Soil tests shall be taken at
the locations and elevations where they
will actually reflect the conditions in
the final constructed project. The
Engineer shall direct and schedule
necessary soil investigations. Final
design drawings shall include a soils
boring log.
5 . Hydraulic Analysis - Engineer shall
prepare a hydraulic analysis in
sufficient detail to design the
improvements with adequate hydraulic
capacity and freeboard.
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6 . Conceptual Design and Feasibility
Evaluation - The Engineer shall develop
a preliminary design for the bridge and
approach roadway based upon the site
constraints, economic and use
considerations. Considerations will be
given to future traffic flow on the type
of bridge and approach configuration.
The configuration of the bridge and
approach roadway will be defined to
achieve the most economical system.
The bridge type, configuration, material
(concrete, composite steel, etc. ) will
be developed at conceptual level with
the approach roadway evaluation. The
work leading to the conceptual bridge
design will include site visits,
development of parameters for site
survey, and the soil investigation
program. The conceptual design will
include such factors as clear span
requirements, bridge opening, bridge
type, pier requirements (if any) , and
minimum cost aspects.
7. Preliminary Design Report - The Engineer
shall prepare a Preliminary Design
Report including road alignment and
grade, and design problems anticipated.
The criteria utilized to evaluate and
define structures will be set forth in
the report as well as the economic
evaluation data. The Engineer shall
make a presentation to the County
explaining the preliminary design.
B. Final Design Phase
Subsequent to the review and approval by the
County of the conceptual design for the
project, the final design phase of the work
shall commence. The final design will
include the tasks defined below:
1. Supplemental Survey and Utility
Definition - This work item shall
include basic data investigation and
compilation to supplement data gathered
in the preliminary phase. If necessary,
additional survey data will be obtained
on existing utilities that may have to
be relocated or modified as part of the
construction.
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2 . The Engineer will determine whether the
work requires an Army Corps of Engineers
404 permit, and if necessary, will
assist the County in preparation of the
permit application for submittal to the
Army Corps of Engineers. The Engineer
will be available to answer questions
which may arise during the application
process. In addition to the 404 permit
process, the Engineer will coordinate
with the Army Corps of Engineers during
the design process concerning the
proposed improvements. Environmental
impact assessments and studies are not
included in this Scope of Work. Should
the Engineer be requested by the County
to perform any impact assessments or
studies, the Engineer will be
compensated for such additional
services.
3 . Detail Plans and Specifications - The
plans and specifications, as listed
hereinafter, shall be prepared in
sufficient detail for a competent
contractor to prepare an accurate bid
and thereafter to construct any or all
improvements in any sequence. The plans
shall be graphically clear as to the
difference between existing features and
new work. Dimensions and details shall
be sufficient to allow the contractor to
build the project. The plans shall
include any necessary changes to
existing utilities and for future
utilities.
Drawing shall consist of, but not be
limited to, the following:
a. Title Sheet
b. General Information Sheet (s)
c. Summary of Quantities Sheet(s)
d. Approach Road Plan (s) and
Profile (s)
e. Bridge Drawings
1) Plan
2) Sections
3) Details
f. Engineering Geology Sheet (s)
g. Off-site Detour Signing Plan
4 . Design Criteria - The Engineer shall
conform with the requirements of the
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current geometric design of the American
Association of State Highway and
Transportation Officials and the
Colorado Department of Highways. Design
of the bridge structure will be based
upon an HS20-44 loading and a 55 MPH
design speed.
5 . Drafting Standards - The Engineer shall
use Colorado Department of Highways
drafting standards. Letter sizes shall
be large enough to permit half size
reduction.
6 . Survey and Plotting - The Engineer shall
prepare a Title Sheet, showing the
overall project limits, plan and profile
sheets showing all existing topography
within the project limits, utilities and
existing structures on the plan and
profile portion of the sheets. The
existing ground line shall be shown at
the proposed roadway centerline.
7 . Construction Specifications - The
Engineer shall provide special
conditions and construction
specifications suitable for inclusion
with standard Colorado Department of
Highways Specifications and Weld County
Engineering Department Bid Documents .
8 . Communications with City, State, and
Utility Companies - The Engineer shall
designate a responsible professional in
the firm to act as the Engineer' s
representative through which all
Consultant communications with the
County shall pass.
9. Construction Cost Estimate - The
Engineer shall prepare a detailed
construction cost estimate for the
entire project. The cost estimate will
he based upon a detailed quantity
take-off and estimated unit price for
each of the various construction items. -
Since Engineer has no control over the
cost of labor, materials, equipment or
services furnished by others, or over
competitive bidding or market
conditions, his opinions of probable
Project Cost and Construction Cost
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provided for herein are to be made on
the basis of his experience and
qualifications and represent his best
judgment as an experienced and qualified
professional engineer, familiar with the
construction industry; but Engineer
cannot and does not guarantee that
proposals, bids or actual Project or
Construction Cost will not vary from
opinions of probable cost prepared by
him. If prior to the Bidding or
Negotiating Phase, the County wishes
greater assurance as to Project or
Construction Cost he shall employ and
independent cost estimator.
10 . Printing Requirements - The Engineer
shall provide the County with the
original plans, special conditions and
construction specifications. The County
will print the documents necessary for
bidding. The Engineer shall provide
three (3) sets of plans and
specifications for County review for
both the preliminary and final design
phase.
11 . Pre-Bid Coordination and Bid Analysis -
The Engineer shall work with the County
to brief bidding contractors on project
parameters , answer questions posed by
potential bidders, attend pre-bid
conference (s) and attend
pre-construction conference.
C. Construction Phase
Engineer shall provide consultation and
review shop drawings which are forwarded by
the County during construction phase.
IV. COUNTY' S RESPONSIBILITIES. The County shall:
A. Provide to the Engineer full information as
to the County' s requirements .
B. Designate in writing a person authorized to
act as the County' s representative. The
County or its representative shall receive
and examine documents submitted by the
Engineer, interpret and define the County' s
policies , and render decisions and
authorizations in writing promptly to prevent
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unreasonable delay in the progress of the
Engineer' s services.
C. Make available any and all information,
requested by the Engineer, in existing county
files pertinent to the project site which
shall include , but not be limited to,
utilities locations, easements,
rights-of-way, contours , roads , adjoining
property, encroachment, zoning and deed
restrictions, improvements, traffic counts ,
projected traffic counts, surveys, plats,
hydraulic data, and locations of critical
physical features.
D. Provide legal and insurance counseling
services necessary for project, legal review
of the Construction Contract Documents, and
establish auditing services that the County
may require to administer the construction
work.
E. Furnish above services at the County' s
expense in such a manner that the Engineer
may rely upon them in the performance of his
services under this Agreement.
F. The County will print all construction
documentation (contract documents, technical
specifications, and drawings) . Distribution
to prospective bidders will also be handled
by the County.
G. Arrange for or guarantee full and free access
for the Engineer to enter upon all property
required for the performance of the
Engineer' s services under this Agreement.
H. Compensate the Engineer for services rendered
under this Agreement as set forth in the
following paragraphs.
1 . The County agrees to pay the Engineer
for services under this contract based
upon the defined Scope of Services.
2. Method of Payment - The Engineer shall
receive from the County as payment for
services under this contract, at total
sum not to exceed Thirteen Thousand
Dollars ($13 ,000.00) . This sum shall be
a maximum with actual fees based on
hourly rates plus expenses . Expenses
shall be billed at 1 . 10 of Engineer' s
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costs. Hourly rates shall be as
follows:
Principal $60 .00
Senior Structural Engineer $50. 00
Design Engineer $35 .00
Hydraulic Engineer $45.00
Surveyor $45 .00
Draftsman $25. 00
Survey Crew (2 man) $47.50
Survey Crew (3 man) $60. 00
Materials Technician $25 .00
Drilling Rig (2 man) $90.00
Drilling Rig $0 . 75/mile
Mileage $0 .35/mile
The above fee shall include salary,
overhead and profit, in-house direct
costs such as miscellaneous
reproductions, and computer shares and
sub-consultants, if used.
Payment shall be rendered upon receipt
by the County of invoices stating, as a
minimum, the services satisfactorily
performed, dates of performances and the
phase that has been completed.
The amount billable for each phase shall
be based on the actual time and monies
expended by the Engineer and the
following estimated phase amount. The
amount billed for each phase can exceed,
by a maximum of twenty percent (20%) of
the phase being billed, or be less than
the amount shown hereinafter provided
that the amount billed for all phases
does not exceed the total amount shown
hereinafter, unless a written agreement
amending these amounts is duly agreed
upon by the Engineer and the County as
outlined in Section VII herein.
Preliminary Design Phase $ 5 ,470.00
Final Design Phase 6 ,530 . 00
Construction Phase 1 ,000 .00
TOTAL $13 ,000 . 00
3. Additional Services - The Engineer shall
perform additional engineering services
at the request of the County and shall
be compensated at the Engineer' s
standard hourly rate in accordance with
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the number of hours expended. Said
request must be agreed to by and between
Engineer and County in advance and in
writing.
4 . Payments are due on the 10th day
following the end of the month of the
statement date. If payment is not so
made , interest will be payable on the
unpaid balance at the rate of eighteen
percent (18%) per annum from the
statement date and until paid. If
collection efforts are undertaken or
suit is filed to recover monies due,
County agrees to pay all costs of
collection, including reasonable
attorney' s fees.
V. TIME OF PERFORMANCE. The Preliminary Design
Report will be submitted to the County for review
within 45 days of the Notice to Proceed. The
final construction plans will be submitted to the
County for review within 45 days of the date of
authorization to proceed into final design.
VI. TERMINATION OF AGREEMENT. This Agreement may be
terminated for cause by the County or Engineer
upon Fifteen (15) day written notice. In the
event of termination, Engineer shall be paid for
services performed to termination date as mutually
determined by County and Engineer.
VII. CHANGE OR EXTRA WORK. The County may, from time
to time, request changes in the Scope of Services
for Engineer. Some changes, including increase or
decrease in the amount of Engineer' s Compensation,
which are mutually agreed upon by and among the
County and Engineer, shall be incorporated in
writing amendments to this Agreement.
VIII . INSURANCE. Engineer shall comply with all
applicable Worker' s Compensation and Employer' s
Liability Laws. At all times during the
continuance of this contract, Engineer will obtain
and maintain in effect contractual liability,
public liability, and property damage insurance
applicable to its operations hereunder, with
limits of liability of not less than $150,000 .00
per person and $400 ,000 .00 per occurrence for all
coverage required herein. Such insurance shall
also cover the operation of services hereunder. A
copy of said insurance policy together with proof
of payment of the premium, shall be delivered to
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the County once said contract is executed by and
between Engineer and County.
IX. INDEMNIFICATION. The Engineer agrees to indemnify
and save the County harmless from and against all
claims, demands, liability, damages, suits,
actions or causes of action, of every kind an
nature, which may be proven against the County
arising out of the negligent acts , errors, or
omissions of the Engineer and those individuals or
firms employed by the Engineer in the performance
of this contract.
X. VENUE. This transaction shall be governed by the
laws of the State of Colorado.
IX. NON-DISCRIMINATION. The Engineer shall not commit
any of the following employment practices and
agrees to prohibit the following practices in any
subcontracts.
A. To discharge from employment or refuse to
hire any individual because of their race,
color, religion, sex national origin,
disability, age, or marital status.
B. To discriminate against any individual in
terms , conditions, privileges or employment
because of their race, color, religion, sex,
national origin, disability, age, or marital
status.
XII. 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.
XIII . OWNERSHIP OF ENGINEERING DOCUMENTS.
A. All tracings , plans , specifications,
estimates, and miscellaneous items purported
to contribute to the completeness of the work
shall be delivered to and become the property
of the County. Reproducible copies of
drawings and plans will be retained by the
Engineer.
B. Basic survey notes, sketches , charges,
computation and other data prepared hereunder
shall be made available to the County upon
request.
C. All documents including Drawings and
Specifications prepared by Engineer pursuant
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to this Agreement are instruments of services
in respect to the Project. They are not
intended or represented to be suitable for
reuse by County or others on extensions of
the Project or on any other project. Any
reuse without written verification or
adaptation by Engineer for the specific
purpose intended will be at County' s sole
risk without liability or legal exposure to
Engineer; and County shall indemnify and hold
harmless Engineer from all claims, damages,
losses and expenses including attorney' s fees
arising out of, or resulting therefrom. Any
such verification or adaptation will entitle
Engineer to further compensation at rates to
be agreed upon by County and Engineer.
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CERTIFICATION OF CONSULTANT
I hereby certify that I am the duly authorized
representative of the firm of Landmark Engineering, Ltd, whose
address is 2300 West Eisenhower Boulevard, Loveland, Colorado,
80537 , and that neither I nor the above firm I here 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,
donations , or consideration of any kind for, or in
connection with, procuring or carrying out the
contract;
except as here expressly stated (if any) :
x- 28
(Date) Signature)
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e"\
CERTIFICATION OF WELD COUNTY
I hereby certify that I am the duly authorized
representative of Weld County, State of Colorado, and that the
above Consulting Firm 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) :
(Date il 8, 19R5 ( g atu
Chairman,
BOARD OF COUNTY COMMISSIONERS
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EXECUTED this 8th day of April , A.D. , 1985 .
COUNTY OF WELD
\ , _
III;cq line J. n.on, Chairman
ATTEST: ` -�� �
Weld County lerk and Recorder
and Clerk to the Board
cL/
D putt' County C erk
LANDMARK ENGINEERING, LTD.
BY /e�C C/ 9-St I)
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TITLE: Ajua4, /1
DATE: S/2. yef
APPRO D AS TO FORM:
County Attorney
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