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HomeMy WebLinkAbout860943.tiff CONTRACT FOR ENGINEERING SERVICES FOR WELD COUNTY BRIDGE NO. 3/42A THIS AGREEMENT, made and entered into this 10th day of Septemher , 1986 , 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 RBD, INC. ENGINEERING CONSULTANTS, with offices at 2900 South College Avenue , Fort Collins, Colorado, 80525 (hereinafter referred to as "Engineer") . WITNESSETH THAT WHEREAS, the County has established a program of design and construction of public improvements for Weld County Bridge No. 3/42A; 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 County Road No. 3 over Little Thompson 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 , specifications, and (3) provide final Engineer' s Opinion of Probable Cost. 86(943 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 site survey shall be tied to the section line with a distance to the nearest monument if there is a monumented corner within one mile in either direction of the bridge . 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. 5. Hydraulic Analysis - Engineer shall prepare a hydraulic analysis in sufficient detail to design the improvements with adequate hydraulic capacity and freeboard. Field survey information on the existing channel and roadway will be required. 6 . Conceptual Design and Feasibility Evaluation - The Engineer shall develop 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. Attached to the Report will be pertinent backup information such as soil reports , Hydaulic Analysis , and computations. B. Final Design Phase Subsequent to the review and written 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 requested, additional survey data will be obtained on existing utilities that may have to be relocated or modified as part of the construction , that work will be considered as "Additional Services" per Item 3 , Page 8 of this agreement. 2. The Engineer will determine whether the work requires an Army Corps of Engineers 404 permit, and if necessary, will prepare 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 . 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. The plans are to include the basic plan and sectional dimensions of the pre-manufactured superstructure. Detailed design and drawings will be required of the superstructure supplier for approval. Drawing shall consist of, but not be limited , by the following: a. Title Sheet (vicinity map, detour plan , index) b. Site Plan (demolition plan , road plan/profile, general notes) c. Abutment Details (plan, sections, rip-rap limits if applicable) d. Superstructure Details 1) Plan 2) Sections 3) Details e. Guardrailing and miscellaneous details f. Roadway Cross Sections 4. Design Criteria - The Engineer shall conform with the requirements of the following: - A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, AASHTO, latest edition - STANDARD SPECIFICATIONS FOR HIGHWAY BRIDGES, AASHTO, latest edition - STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, CDOH, latest edition - DESIGN MANUAL, CDOH, latest edition - MATERIALS MANUAL, CDOH, latest edition - M & S STANDARDS, CDOH, latest edition Design of the bridge structure will be based upon an HS20-44 loading and a 55 MPH design speed. HYDRAULIC CAPACITY OF REPLACEMENT BRIDGE SHALL NOT BE LESS THAN EXISTING CAPACITY. 5 . Survey and Platting - The Engineer shall prepare a Title Sheet , showing the overall project limits, plan and profile sheets showing pertinent 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. 6. 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. 7 . Communications with County - 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. Communications with Utility Companies - The Engineer to coordinate during design. County to arrange for relocations. 8 . Opinion of Probable Cost of Construction - The Engineer shall prepare a detailed construction cost estimate for the entire project. The cost estimate will be 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 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 an independent cost estimator. 9. 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 one (1) set of plans and specifications for County review for both the preliminary and final design phase. 10 . 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. C. Construction Phase Engineer shall provide consultation and review shop drawings which are forwarded by the County during construction phase. Engineer will visit the construction site four times during the following key phases to assure the County is receiving what was designed (both abutments , erection of girders , and final inspection) . Additional visits , if requested by County, shall be at hourly rates. IV. COUNTY' S RESPONSIBILITIES. The County shall: A. Provide to the Engineer full information as to the County' s requirements. B. Designate 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 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 , and locations of critical physical features. Hydraulic data has been supplied by the Colorado Water Conservation Board through Weld County. 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 performed by the County. C. 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, a total sum not to exceed Seventeen Thousand Eight Hundred Seventy Dollars ($17, 870 . 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 cost. Hourly rates shall be as follows: Project Manager/Engineer $ 55 . 00 Engineer 45. 00 Project Technician 35. 00 Drafter 25. 00 Surveying Crew (2 man) 60 . 00 Surveying Crew (3 man) 72. 00 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 $ 6,860 . 00 Final Design Phase 9, 410. 00 Construction Phase 1 , 600 .00 TOTAL $17 , 870 . 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 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 15th 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. V. TIME OF PERFORMANCE. The Preliminary Design Report will be submitted to the County for review within thirty days of the Notice to Proceed. The final construction plans will be submitted to the County for review within forty-five 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 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 and 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 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. EXECUTED this 1st day of October , A.D. , 1986 . COUNTY OF WELD J cqu one Jo n on, C airman ATTEST: " a "_'""'± tary Weld County Clerk and Recorder and Clerk to the B d I D: puty County erk RBD, INC. ENGINEERING CONSULTANTS BY: D j I f0Jr.— TITLE: J'35 s .- Seat /Fa> DATE: 9' - 84 APPROVE AS TO FORM: C -) bs�ci Cou ty Attorney CERTIFICATION OF CONSULTANT I hereby certify that I am the duly authorized representative of the firm of RBD, Inc. Engineering Consultants, whose address is 2900 South College Avenue, Fort Collins, Colorado, 80525 , 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 , donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any) : 9-:4- El d , 40•••09---- (Date) (Signature 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) : \ . October 1 , 1986 (Date) (Si nat e) Chairman , BOARD OF COUNTY COMMISSIONERS ATTEST: avAws. leolAAV(adrf WELD COUNTY CLERK AND RECOPDER A t) CLJRK TO THE ,G ,RD 8 . �Y11 ` c'J Oep_i &city Clerk Hello