HomeMy WebLinkAbout871444.tiff RESOLUTION
RE: APPROVE AGREEMENT WITH NORTON, UNDERWOOD AND LAMB, INC. FOR
PROFESSIONAL SERVICES 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 , Weld County is the primary applicant for a Grant
from the Economic Development Administration for water, sewer, and
street site improvements, and
WHEREAS, the Board has been presented with an Agreement for
Professional Services with Norton, Underwood and Lamb, Inc. , as
consultants for the project, and
WHEREAS, the terms and conditions are as stated in the
Agreement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement for consultant services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement for
Professional Services with Norton, Underwood and Lamb, Inc. be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
November, A.D. , 1987.
�J BOARD OF COUNTY COMMISSIONERS
ATTEST: �( Lc 2uJ WELD CO ORA
Weld County Jerk and Recorder r
and Clerk to the Board Go ac rman
H7� py/tyw�� (/ C.W'/Kirby, Pro-T
eputy Count Clerk �►�,/
APPROVED AS TO FORM: 'Gene R. Bra tner
EXCUSED DATE OF SIGNING - AYE
ardS : Ja el ' e Johns
r
County Attorney 'C
Frank ama chi
Ed 000 J? / �� 4,7.4/az ad
871444
EM IT II-B-12
AGREEMENT FOR PR^FESSIONAL SERVICES
This is an agreement made as of the 9th day of November, 1987,
between the County of Weld, Colorado, hereinafter referred to as the
• GRANTEE, and Norton, Underwood and Lamb, Inc. , a corporation with
offices at 1020 28th Avenue, Greeley, Colorado, 80631, hereinafter
referred to as the ENGINEER.
WHEREAS, the County of Weld is the primary applicant for a Grant
from the Economic Development Administration (EDA) for water, sewer, and
street site improvements including manholes and street crossings for the
sewer; valves, fittings, and appurtenances for the water; curb, gutter
and sidewalk, base course and associated drainage facilities for the
streets.
WHEREAS, the GRANTEE has advertised for consultants and selected a
consulting firm in accordance with the procedures for competitive
negotiations in OMB Circular A-102;
THEREFORE, the County of Weld, Colorado, wishes to enter into this
agreement for professional services with Norton, Underwood and Lamb,
Inc.
Section 1 - PROJECT DESCRIPTION
1. 1 Construction of approximately 6900 lineal feet of streets and
appurtenances; 16,850 lineal feet of water line to include fire
hydrants, river crossings, and miscellaneous appurtenances; 7900 lineal
feet of sewer line, including a bore crossing of 8th Avenue, manholes,
and miscellaneous appurtenances; (hereinafter called the Project) . This
project is further identified in said EDA Grant Application,
incorporated herein by reference.
Section 2 - BASIC SERVICES OF THE ENGINEER
2.1 Preliminary Design Phase:
2. 1.1. In consultation with GRANTEE and on the basis of the accepted
Grant Agreement, determine the extent of the project.
2.1. 2. Prepare preliminary design documents consisting of final design
criteria, preliminary drawings, and outline specifications.
2. 1. 3. Based on the information contained in the preliminary design
documents, submit a revised opinion of probable Project Costs. If cost
estimate exceeds funds available by more than 20%, accomplish necessary
redesign.
2.1.4. Furnish five copies of the above preliminary design documents
and present and review them in person with GRANTEE.
2.1. 5. Perform any engineering design surveys and supervise any
required subsurface explorations of soils tests.
871444
2. 2. Final Design Phase:
2. 2.1. On the basis of the accepted preliminary design documents and
the revised opinion of probable Project Cost, prepare for incorporation
in the Contract Documents final drawings to show the character and
extent of the Project (hereinafter called "Drawings") and
Specifications.
2. 2. 2. Furnish to GRANTEE such documents and design data as may be
required for, and assist in the preparation of, the required documents
so that GRANTEE may apply for approvals of such governmental
authorities as have jurisdiction over design criteria applicable to
the Project, and assist in obtaining such approvals by participating in
submissions to and negotiations with appropriate authorities.
2.2.3 . Advise GRANTEE of any adjustments to the latest opinion of
probable Project Cost caused by changes in extent or design requirements
of the Project or Construction Costs and furnish a revised opinion of
probable Project Cost based on the Drawings and Specifications. If
estimated costs exceed available funds by 20%, accomplish necessary
redesign.
2 .2.4. . Prepare for review and approval by GRANTEE, his legal counsel
and other advisors, contract agreement forms, general conditions, and
supplementary conditions, and (where approrpriate) bid forms,
invitations to bid and instructions to bidders, and assist in the
preparations of other related documents, all forms and contract
documents should be subject to EDA approval.
2.2. 5. Furnish four copies of the above documents and present and
review them in person with GRANTEE.
2.3 Bidding or Negotiating Phase:
2.3.1. Assist GRANTEE in obtaining bids or negotiating proposals for
each separate prime contract for construction, materials, equipment, and
services.
2 . 3. 2. Consult with and advise GRANTEE as to the acceptability of
subcontractors and other persons and organizations proposed by the prime
contractor(s) (hereinafter called "Contractor(s) ) for those portions of
the work as to which such acceptability is required by the bidding
documents.
2. 3 . 3 . Consult with and advise GRANTEE as to the acceptability of
substitute materials and equipment proposed by Contractor(s) when
substitution prior to the award of contracts is allowed by the bidding
documents.
2. 3 .4. Assist GRANTEE in evaluating bids or proposals and in assembling
and awarding contracts.
871444 •
2. 3. 5. If the lowest responsible bid, less deductible alternatives,
exceeds available funds by 20%, accomplish necessary redesign.
2.4. Construction Phase:
During Construction Phase, Engineer shall:
2. 4. 1. Make visits to the site at intervals appropriate to the various
stages of construction to observe as an experienced and qualified
design professional the progress and quality of the executed work of
Contractor(s) and to determine in general if such work is proceeding in
accordance with the Contract Documents. ENGINEER shall not be required
to make exhaustive or continuous on-site inspections to check the
quality or quantity of such work. ENGINEER shall not be responsible
for the means, methods, techniques, sequences or procedures of
construction selected by Contractor(s) or the safety precautions and
programs incident to the work of Contractor(s) . ENGINEER's efforts will
be directed toward providing a greater degree of confidence for GRANTEE
that the completed work of Contractor(s) will conform to the Contract
Documents, but ENGINEER shall not be responsible for the failure of
Contractor(s) to perform the work in accordance with the Contract
Documents. During such visits and on the basis of on-site observation,
ENGINEER shall keep GRANTEE informed of the progress of the work, shall
endeavor to guard GRANTEE against defects and deficiencies in such work
and may disapprove or reject work failing to conform to the Contract
Documents.
2. 4. 2. Review and approve (or take other appropriate action in respect
of) Shop Drawings and samples, the results of tests and inspections and
other data which each contractor is required to submit, but only for
conformance with the design concept of the Project and compliance with
the information given in the Contract Documents (but such review and
approval or other action shall not extend to means, methods, sequences,
techniques, or procedures of construction or to safety precautions and
programs incident thereto) ; determine the acceptability of substitute
materials and equipment proposed by the Contractor(s) ; and receive and
review (for general content as required by the Specifications)
maintenance and operating instructions, schedules, guarantees, bonds,
and certificates of inspection which are to be assembled by
Contractor(s) in accordance with the Contract Documents.
2.4.3. Issue all instructions of GRANTEE to Contractor(s) ; issue
necessary interpretations and clarifications of the Contract Documents
and in connection therewith prepare change orders as required; have
authority, as OWNER' s representative, to require special inspection or
testing of the work; act as initial interpreter of the requirements of
the Contract Documents and judge of the acceptability of the work
thereunder and make decisions on all claims of GRANTEE and Contractor(s)
relating to the acceptability of the work or the interpretation of the
requirements of the Contract Documents pertaining to the execution and
progress of the work; but Engineer shall not be liable for the results
of any such interpretations or decisions rendered by him in good faith.
871444
2. 4. 4. Based on Engineer's on-site observations as an experienced and
qualified design professional and on review of applications for payment
and the accompanying data and schedules, determine the amounts owing to
Contractor(s) and recommend in writing, payments to Contractor(s) in
such amounts; such recommendations of payment will consitute a
representation to GRANTEE, based on such observations and review, that
the work has progressed to the point indicated, that, to the best of the
ENGINEER' s knowledge, information and belief, the quality of such work
is in accordance with the Contract Documents (subject to an evaluation
of such work as a functioning Project upon Substantial Completion, to
the results of any subsequent tests called for in the Contract
Documents, and to any qualifications stated in his recommendation) , and
that payment of the amount recommended is due Contractor(s) ; but by
recommending any payment ENGINEER will not thereby be deemed to have
represented that continuous or exhaustive examinations have been made by
the ENGINEER to check the quality or quantity of the work or to review
the means, methods, sequences, techniques, or procedures of construction
or safety precautions or programs incident thereto or that ENGINEER has
made an examination to ascertain how or for what purposes any Contractor
has used the moneys paid on account of the Contract Price, or that title
to any of the work, materials, or equipment has passed to GRANTEE free
and clear of any lien, claims, security interest, or encumbrances, or
that Contractor(s) have completed their work exactly in accordance with
the Contract Documents.
2.4.5. Conduct an inspection to determine if the Project is
substantially complete and a final inspection to determine if the work
has been completed in accordance with the Contract Documents and if each
Contractor has fulfilled all of his obligations thereunder so that
ENGINEER may recommend, in writing, final payment to each Contractor and
may give written notice to GRANTEE and the Contractor(s) that the work
is acceptable (subject to any conditions therein expressed) , but any
such recommendation and notice shall be subject to the limitations
expressed in Paragraph 2.4.4.
2. 4.6. ENGINEER shall not be responsible for the acts or omissions of
any Contractor, or subcontractor, or any of the Contractor(s) or
subcontractors' agents or employees or any other perons (except
performing any of the Contractor(s) work; however, nothing contained in
Paragraphs 2.4.1 thru 2.4. 5 inclusive, shall be construed to release
ENGINEER from liability for failure to properly perform duties
undertaken by him in the Contract Documents.
2. 4.7. Provide one set of reproducible record drawings to owner within
60 days after final inspection and provide one copy to EDA upon request.
Section 3 - OTHER SERVICES OF THE ENGINEER
3 . 1. Inspection Services During Construction:
3 . 1.1. A Project Representative will be furnished and will act as
directed by the ENGINEER in order to assist ENGINEER in observing
871444
performance of the work of Contractor(s) . Such services will be paid
for by GRANTEE as indicated in Paragraph 7.1.
3 .1. 2. Through more extensive on-site observations of the work in
progress and field checks of materials and equipment by the Project
Representative and assistants, ENGINEER shall endeavor to provide
further protection for GRANTEE against defects and deficiencies in the
work of Contractor(s) ; but the furnishing of such Project
representation will not make ENGINEER responsible for construction
means, methods, techniques, sequences, or procedures or for safety
precautions or programs, or for Contractor(s) failure to perform their
work in accordance with the Contract Documents.
3 .1. 3. Submit a report at least quarterly to the Owner covering the
general progress of the job and discussing any problems or delays.
Section 4- SPECIAL PROVISIONS
The Engineer shall:
4.1. Allow the Grantee EDA, the Comptroller General of the United
States, the Inspector General of the Department of Commerce, or any of
their duly authorized rerpresentatives, to have access to any documents,
books, papers, and records of the Architect/Enginer which are directly
pertinent to a specific grant program for the purpose of making an
audit, examination, excerpts, and transcriptions; and shall maintain all
required records for at least three years afer the GRANTEE makes final
payment and all pending matters are closed.
4. 2. Include in all contracts and subcontracts of amounts in excess of
$100,000, a provision which requires compliance with all applicable
standards, orders, or requirements issued under Section 306 of the Clean
Air Act (42 U.S. 1857(h) ) , Section 508 of the Clean Water Act ( 33 U.S.C.
1368) , Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR, Part 15) , which prohibit the use under non-exempt
Federal contracts, grants or loans of facilities included on the EPA
List of Violating Facilities; the provisions shall require reporting of
violations to the EDA and to the U.S. Environmental Protection Agency
Assistant Administrator for Enforcement.
4.3 Include in all contracts and subcontracts other than for small
purchases (procurement of services, supplies, or other property costing
in the aggregate not more than $10,000) provisions or conditions which
will allow for administrative, contractural, or legal remedies in
instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as may be appropriate.
4. 4 Include in all contracts in excess of $10,000 suitable provisions
for termination by the Grantee including the manner by which it will be
affected and the basis for settlement; in addition, such contracts shall
describe conditions under which the contract may be terminated for
default as well as conditions where the contract may be terminated
871444
because of circumstances beyond the control of the contractor.
4.5 Include in all contracts in excess of $10,000 a provision requiring
compliance with Executive Order 11246, entitled, "Equal Employment
Opportunity" , as amended by Executive Order 11375, and as supplemented
in Department of Labor regulations (41 CFR, Part 60) .
4.6 Include in all contracts for construction or repair a provision for
compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as
supplemented in Department of Labor regulations (29 CFR, Part 3) ; this
Act provides that each contractor or subgrantee shall be prohibited from
inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the
compensation to which he/she is otherwise entitled; the Grantee shall
report all suspected or reported violations to EDA.
4.7 Include in all construction contracts in excess of $2,000, a
provision for compliance with the Davis-Bacon Act ( 40 USC 276a to a-7) ,
as supplemented by Department of Labor regulations ( 29 CFR, Part 5) ;
under this Act contractors shall be required to pay wages to laborers
and mechanics at a rate not less than the minimum wages specified in a
wage determination made by the Secretary of Labor; in addition,
contractors shall be required to pay wages not less often than once a
week; a copy of the current prevailing wage determination issued by the
Department of Labor must be included in each solicitation and the award
of a contract shall be conditioned upon the acceptance of the wage
determination; all suspected or reported violations shall be reported to
EDA; Davis-Bacon wage determinations are not applicable to "Force
Account" workers.
4. 8 Include in all contracts in excess of $2,000 for construction
contracts and in excess of $2,500 for other contracts which involve the
employment of mechanics or laborers, a provision for compliance with
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act
( 40 USC 327-330) as supplemented by Department of Labor regulations (29
CFR, Part 5) ; under Section 103 of the Act, each contractor shall be
required to compute the wages of every mechanic and laborer on the basis
of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a
rate of not less than 1-1/2 times the basic rate of pay for all hours
worked in excess of 40 hours in the work week; Section 107 of the Act
is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his/her
health and safety as determined by the Secretary of Labor; these
requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
571444
4 .9 Include in all negotiated contracts (except those awarded by small
purchase procedures) a provision to the effect that the Grantee, EDA,
the Comptroller General of the United States, or any of their duly
authorized representatives, shall have access to any books, documents,
papers, and records of the contractor which are directly pertinent to
that specific contract, for the purpose of making audit, examination,
excerpts, and transcriptions.
4.10 Include in all contracts a requirement that the contractor
maintain all relevant project records for three years after the GRANTEE
has made final payment to the contractor and all other pending matters
are closed.
4.11 Include in all contracts a provision recognizing mandatory
standards and policies relating to energy efficiency which are contained
in the State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (P.L. 94-165) .
4.12 Assure that a ten percent ( 10%) retainage is withheld from all
payments on construction contracts until final acceptance by the Grantee
and approval of the EDA Regional Office, unless State or local law
provides otherwise.
4. 13 Comply with all applicable provisions of the Regulation of the
United States Department of Commerce (Part 8 of Subtitle 15 of the Code
of Federal Regulations) issued pursuant to the Civil Rights Act of 1964,
in regard to nondiscrimination in employment because of race, religion,
color, sex, or national origin.
4. 14 Incorporate into the proposed construction contract documents, a
designation of all of the different types of construction which will be
used for the project; such as Building, Heavy or Highway in accordance
with all local and State laws and practices; for this purpose either the
plans, the specifications, or both, shall clearly delineate where each
type stops and another starts.
4.15 Provide in all proposed construction contracts, deductive
alternates (additive alternatives will not be approved by EDA) where
feasible, so that should the lowest responsive base bid for construction
of the project exceed the funds available, deductive alternatives can be
taken to reduce the bid price.
4. 16 Design for access by the handicapped to facilities to be used by
the public in accordance with Public Law 90-480, as amended, by USC
4151-4156.
Section 5 - OWNER'S RESPONSIBILITIES
GRANTEE shall:
571444
5. 1 Provide all criteria and full information as to OWNER's
requirements for the Project, including design objectives and
constraints, space capacity and performance requirements, flexibility
and expandability, and any budgetary limitations; and furnish copies of
all design and construction standards which GRANTEE will require to be
included in the Drawings and Specifications.
5.2 Assist ENGINEER by placing at his disposal all available
information pertinent to the Project including previous reports and any
other data relative to design or construction of the Project.
5.3 Furnish to ENGINEER, as required for performance of ENGINEER's
Basic Services, data prepared by or services of others, including
without limitation; core borings, probings, and subsurface explorations,
hydrographic surveys, laboratory tests and inspections of samples,
materials and equipment, appropriate professional interpretations of
all of the foregoing, property, boundary, easement, right-of-way,
topographic and utility survey, property descriptions, zoning, deed and
other land use restriction, and other special data or consultations not
covered in Section 4, all of which ENGINEER may rely upon in performing
his services.
5.4 Provide field control surveys and establish reference points and
base lines to enable Contractor(s) to proceed with the layout of the
work.
5.5 Arrange for access to and make all provisions for ENGINEER to enter
upon public and private property as required for the ENGINEER to perform
his services.
5.6 Examine all studies, reports, sketches, drawings, specifications,
proposals, and other documents presented to the ENGINEER, obtain advice
of an attorney, insurance counselor, and other consultants as GRANTEE
deems appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to delay the
services of the ENGINEER.
5.7 Furnish approvals and permits from all governmental authorities
having jurisdiction over the Project and such approvals and consents
from others as may be necessary for completion of the Project.
5.8 Provide such accounting, independent cost estimating, and insurance
counseling services as may be required for the project, such legal
services as GRANTEE may require or ENGINEER may reasonably request with
regard to legal issues pertaining to the Project including any that may
be raised by Contrctor(s) , such auditing service as GRANTEE may require
to ascertain how or for what purpose any Contractor has used the moneys
paid to him under the construction contract, and such inspection
services as GRANTEE may require to ascertain that Contractor(s) are
complying with any law, rule, or regulation applicable to their
performance of the work.
871444
5.9 Designate in writing a person to act as OWNER' s representative with
respect to the services to be rendered under this Agreement. Such
person shall have complete authority to transmit instructions, receive
information, interpret and define OWNER's policies and decisions with
respect to materials, equipment, elements, and systems pertinent to
ENGINEER's services.
5.10 Give prompt written notice to ENGINEER whenever GRANTEE observes
or otherwise becomes aware of any development that affects the scope or
timing of ENGINEER' s services, or any other defect in the work of
Contractor(s) .
5.11 Furnish, or direct ENGINEER to provide, necessary Addtional
Services as stipulated in Section 4 of the agreement or other services
as required.
5.12 Bear all costs incident to compliance with the requirements of
this Section 5.
Section 6- GENERAL PROVISIONS
6.1 If the ENGINEER should, for a period of thirty days or more, fail,
refuse or neglect to comply with the terms of this agreement, such may
be deemed a total breach of contract and such contract may be
terminated. Such termination shall be in writing to the CONSULTANT,
stating in detail the basis for termination and containing the facts in
jurisdiction of said termination.
6.2 Should this agreement be terminated in accordance with the
provsions contained herein, the ENGINEER shall be paid the reasonable
value of the services rendered up to the time of termination on the
basis of the payment provisions of the agreement.
6.3 Changes of additions to the scope of work and corresponding payment
contained in this agreement may be renegotiated, and mutally agreed upon
change amended to this agreement.
6.4 This agreement may be terminated by the ENGINEER, where
circumstances beyond his control do not allow him to perform the
services in the time, manner, or for the compensation agreed upon. Such
termination shall be in writing to the GRANTEE stating the cause for
such termination.
6.5 The ENGINEER shall complete the work specified in Section 2. 1
within 45 days of date of execution of the Grant Agreement for this
project by GRANTEE; Section 2.2 within 90 days; and complete the work
specified in Section 2.3 within 30 days of date of execution of said
Grant Agreement.
871444
6.6 The GRANTEE and the ENGINEER agree to comply with all the
applicable provisions of the Grant Agreement, the EDA and Executive
Order 11246, entitled "Equal Employment Opportunity", as amended by
Executive Order 11375, and as supplemented in Department of Labor
Regulations (41 CFR, Part 60) .
6.7 The ENGINEER shall be responsible for damages arising from defects
in design or negligence in the performance of the construction
inspection.
Section 7 - PAYMENTS TO ENGINEER
7. 1 For services rendered under Section 2 and 3 of the agreement, the
GRANTEE shall pay the ENGINEER the lump sum fee of $120,400.00. Fee
is further identified in accordance with EDA Grant Application as
$80,400 for engineering design and $40,000 for engineering
inspection.
7. 2 This fee shall be due and payable upon receipt of monthly itemized
billings based on the ENGINEER's estimate of the percent of work
completed.
7. 3 Payment for additional services performed under amendment to this
agreement shall be as mutually agreed upon and specified in said
amendment.
7.4 If the GRANTEE fails to make payments to the ENGINEER within thirty
days after receipt of the ENGINEER's bill, the ENGINEER may, after
giving seven days written notice, suspend services under this agreement
until he has been paid in full all amounts due him for services.
7.5 The ENGINEER is authorized to proceed with work under this
agreement only after execution of a Grant Agreement for this project
between the GRANTEE and EDA.
Section 8 - BINDING UPON SUCCESSORS
8. 1 This Agreement shall be binding upon the undersigned parties, their
successors, partners, assigns, and legal representatives.
IN WITNESS WHEREOF, said parties have caused this Agreement to be signed
by their duly authorized officers in two counterparts, each of which
shall be deemed an original, on the day and year first written.
rn
A7a—
Gord. . Lacy, C rman
Attest:
Name: Mary Ann Feuer t in Name:
: ,
Deputy County C erk
871444
Hello