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HomeMy WebLinkAbout940324.tiff RESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH RUST ENVIRONMENT AND INFRASTRUCTURE FOR PRELIMINARY REALIGNMENT OF WELD COUNTY ROAD 27.5 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 Professional Services Agreement for preliminary realignment of Weld County Road 27.5 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Engineering Department, and RUST Environment and Infrastructure, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Professional Services Agreement for preliminary realignment of Weld County Road 27.5 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Engineering Department, and RUST Environment and Infrastructure 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 4th day of April, A.D. , 1994. fY / l //� BOARD OF COUNTY COMMISSIONERS ATTEST:/,{(�/I / jDll l WELD COUNTY, COLORADO Weld County Clerk to the Boa d � 1)2,k-hi erirm BY: cs 4udh Board Dale .,Hal , P;27 em APPROVED AS TO FORM: j y�r �. eorge E Baxter Couy A dy Constance L. Harbert O /Barbara J. Kirk Byer 940324 EGCc3 � RugENVIRONMENT& INFRASTRUCTURE PROFESSIONAL SERVICES AGREEMENT 'Abbreviated Version] PROJECT NAME: Preliminary Realignment of Weld County Road 27' ('Project") This Agreement is by and between Client Weld County Engineering Department ("Client") 9333 North 11th Avenue Greeley, Colorado 80631 and, RUST Environment & Infrastructure Inc. ("RUST E&I") 6143 S. Willow Drive, Suite 200 Englewood, Colorado 80111 Who agree as follows: Client hereby engages RUST E&I to perform the services described in Part I ("Services") and RUST E&I agrees to perform the Services for the compensation set forth in Part III. RUST E&I shall be authorized to commence the Services upon execution of this Agreement and receipt of authorization to proceed from Client. Client and RUST E&I agree that this signature page, together with Parts I-IV and attachments referred to therein, constitute the entire agreement between them relating to the Project ("Agreement"). APPROVED FOR CLIENT APPROVED FO UST E&I /AJ / ip),,,t ,2 By: ' /.fJ By: Ar.d^ CHAIRMAN, WELD COUNTY 04/ 6/94 Michael D. C ro 1 Title: BOARD OF COMMISSIONERS Title: Denver Operations Manager Date: 04/04/94 Date: March 23. 1994 AGREE\AGREE\WELDCTY.PR0 940324 PART I RUST E&I'S RESPONSIBILITIES RUST E&I shall perform or furnish the services described in Exhibit 1 to this agreement. PART II CLIENT'S RESPONSIBILITIES Client, at its expense, shall do the following in a timely manner so as not to delay the Services. A. INFORMATION/REPORTS Furnish RUST E&I with all reports, studies, site characterizations, regulatory orders and similar information in its possession relating to the Project. Unless otherwise specified in Part I, RUST E&I may rely upon Client-furnished information without independent verification in performing the Services. B. REPRESENTATIVE Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies and make decisions with respect to the Services. C. DECISIONS Provide all criteria and full information as to Client requirements for the Project, obtain (with RUST E&I's assistance, if applicable) necessary approvals and permits, attend Project-related meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and generally participate in the Project to the extent necessary to allow RUST E&I to perform the Services. PART III COMPENSATION, BILLING, AND PAYMENT Client shall pay RUST E&I for Services in accordance with Billing Rate Schedule as attached. n, AGREE\AGREE\WELDCTY.PRO 2 9403 RUSTENVIRONMENT 8c INFRASTRUCTURE PART IV STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE. Services shall be performed in accordance with the relating to claims for injury or death to persons,damages to tangible property,or standard of professional practice ordinarily exercised by the applicable profession other losses, alleged to be caused by any of the following: (a) any substance, at the time and within the locality where the Services are performed. Professional condition,element,or material or any combination of the foregoing(i)produced, services are not subject to, and RUST E&I can not provide, any warranty or emitted or released from the Project(ii)tested by RUST EM under this Agreement, guarantee,express or implied,including warranties or guarantees contained in any or (iii) used or incorporated by RUST E&I in the Services; or (b) operation or uniform commercial code. Any such warranties or guarantees contained in any management of the Project. Client also agrees to require its constructioncontractor, purchase orders,requisitions or notices to proceed issued by Client are specifically if any,to include RUST E&I as an indemnitee under any indemnification obligation objected to. to Client. 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is 11. LIMITATIONS OF LIABILITY. No employee or agent of RUST E&I shall based on facts known at the time of execution of this Agreement, including,if have individual liability to Client. applicable,information supplied by Client. For some projects involving conceptual Client agrees that,to the fullest extent permitted by law,RUST E&I's total liability or process development services, scope may not be fully definable during initial to Client for any and all injuries,claims, losses,expenses or damages whatsoever phases. As the Project progresses,facts discovered may indicate that scope must arising out of or in any way related to the Project or this Agreement from any be redefined. RUST E&I will promptly provide Client with an amendment to this causes including,but not limited to, RUST E&I's negligence,errors,omissions, Agreement to recognize such change, which shall be deemed approved if not strict liability,or breach of contract shall not exceed the total compensation received objected to within 15 days of receipt by Client. by RUST E&I under this Agreement. If Client desires a limit of liability greater 3. SAFETY. RUST E&I has established and maintains corporate programs and than that provided above, Client and RUST E&I shall include in Part III of this procedures for the safety of its employees. Unless specifically included as a service Agreement the amount of such limit and the additional compensation to be paid to to be provided under this Agreement, RUST E&I specifically disclaims any RUST E&I for assumption of such additional risk. authority or responsibility for general job site safety and safety of persons other than IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL RUST E&I BE RUST E&I employees. LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. 4. DELAYS. If events beyond the control of Client or RUST E&I, including,but not limited to,fire,flood,explosion,riot,strike,war,process shutdown,act of God 12. ACCESS. Client shall provide RUST E&I safe access to any premises or the public enemy, and act or regulation of any government agency, result in necessary for RUST E&I to provide the Services. delay to any schedule established in this Agreement,such schedule shall be amended 13. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other to the extent necessary to compensate for such delay. In the event such delay exceeds 90 days, RUST E&I shall be entitled to an equitable adjustment in deliverables,including electronic media,pertaining to the Project by Client for any compensation. purpose other than that for which such documents or deliverables without written verification or adaptation by RUST E&I for the specific purpose intended,shall be In the event RUST E&I is delayed by Client and such delay exceeds 30 days,RUST at the Client's risk. Client agrees to defend,indemnify,and hold harmless RUST E&I shall be entitled to an extension of time equal to the delay and an equitable E&I from all claims,damages,and expenses,(including reasonable litigationcosts), adjustment in compensation. arising out of such reuse or alteration by Client or others acting through Client. 5. TERMINATION/SUSPENSION. Either party may terminate this Agreement 14. AMENDMENT. This Agreement,upon execution by both parties hereto,can upon 30 days written notice to the other party. Client shall pay RUST E&I for all be amended only by a written instrument signed by both parties. Services,including profit relating thereto,rendered prior to termination,plus any 15. ASSIGNMENT. Except for assignments(a)to entities which control,or are expenses of termination. controlled by,the parties hereto or(b) resulting from operation of law, the rights and obligations of this Agreement cannot be assigned by either party without written In the event either party defaults in its obligations under this Agreement(including permission of the other party. This Agreement shall be binding upon and inure to Client's obligation to make the payments required hereunder),the non-defaulting the benefit of any permitted assigns. party may, after 7 days written notice stating its intention to suspend performance under the Agreement if cure of such default is not commenced and diligently 16. STATUTES OF LIMITATION. To the fullest extent permitted by law, continued,and failure of the defaulting party to commence cure within such time parties agree that, except for claims for indemnification, the time period for limit and diligently continue,suspend performance under this Agreement. bringing claims under this Agreement shall expire one year after Project completion. 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs 17. PREVAILING PARTY LITIGATION COSTS. In the event any actions are prepared by RUST EM is supplied for the general guidance of the Client only. brought to enforce this Agreement,the prevailing party shall be entitled to collect Since RUST E&I has no control over competitive bidding or market conditions, its litigation costs from the other party. RUST E&I cannot guarantee the accuracy of such opinions as compared to contract 18. NO WAIVER. No waiver by either party of any default by the other party bids or actual costs to Client. in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, 7. RELATIONSHIP WITH CONTRACTORS. RUST E&I shall serve as whether like or different in character. Client's professional representative for the Services, and may make recommendations to Client concerning actions relating to Client's contractors,but 19. NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement, RUST E&I specifically disclaims any authority to direct or supervise the means, nor the performance of the parties hereunder,is intended to benefit,nor shall inure methods,techniques,sequences or procedures of construction selected by Client's to the benefit of,any third party,including Client's contractors,if any. contractors. 20. SEVERABILITY. The various terms, provisions and covenants herein 8. CONSTRUCTION REVIEW. For projects involving construction, Client contained shall be deemed to be separate and severable, and the invalidity or acknowledges that under generally accepted professional practice,interpretations of unenforceability of any of them shall not affect or impair the validity or construction documents in the field are normally required,and that performance of enforceability of the remainder. construction-relatedservices by the design professional for the projectpermits errors 21. AUTHORITY. The persons signing this Agreement warrant that they have or omissions to be identified and corrected at comparatively low cost. Client agrees the authority to sign as, or on behalf of, the party for whom they are signing. to hold RUST E&I harmless from any claims resulting from performance of construction-related services by persons other than RUST E&I. 9. INSURANCE. RUST E&I will maintain insurance coverage for Professional, Comprehensive General, Automobile, Worker's Compensation, and Employer's Liability in amounts in accordance with legal, and RUST E&I's business, requirements. Certificates evidencing such coverage will be provided to Client upon request. For projects involving construction, Client agrees to require its construction contractor,if any, to include RUST EM as an additional insured on its policies relating to the Project. RUST E&I's coverages referenced above shall, in such case,be excess over contractor's primary coverage. 10. INDEMNITIES. To the fullest extent permitted by law, RUST E&I shall indemnify and save harmless Client from and against loss, liability,and damages sustained by Client, its agents, employees,and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the willful misconduct or failure to adhere to the standard of care described in Paragraph l above of RUST EM, its agents or employees. To the fullest extent permitted by law, Client shall defend, indemnify,and save harmless RUST E&I, its agents, employees,and representatives from and against loss, liability,and damages(including reasonable litigation costs) arising from or AGREE AGREE 1WELDCTY.PRO 3 AQ�"�((�� 9''10?2c1 RUST ENVIRONMENT & INFRASTRUCTURE 1994 COMPENSATION FOR SERVICES STANDARD AGREEMENT RUST Environment & Infrastructure will be compensated for professional services in accordance with the following hourly billing rates: General Description Hourly Billing Rates Senior Consultant $125.00 Senior EAS II $120.00 Senior EAS I $110.00 Project EAS III $103.00 Project EAS II $ 95.00 Project EAS I/Senior Technician II $ 85.00 Staff EAS II/Senior Technician I $ 75.00 Staff EAS I/Project Technician II $ 70.00 EAS II/Project Technician I $ 65.00 EAS I/Staff Technician II $ 60.00 Staff Technician I $ 55.00 Technician II $ 45.00 Technician I/Word Processor $ 37.00 Project Support $ 30.00 EAS =Engineer, Architect, Scientist RUST E&I will bill the CLIENT not less than monthly, with net payment due in 30 days. Past due invoices will be subject to a service charge at the rate of I'2% per month. The monthly bill shall consist of a summary of direct labor hours by RUST E&I's standard classifications, plus a listing of reimbursable costs incurred. A copy of the billing format has been provided to CLIENT and CLIENT agrees that this format provides the level of detail acceptable for its payment procedures. Unless CLIENT provides RUST E&I with a written statement of any objections to the bill within 15 days of receipt, CLIENT shall be deemed to accept the bill as submitted. The above rates includes all employees' wages, payroll burdens, overhead, and profit. CLIENT is charged for time actually spent on the project. All timesheets are available for inspection at any reasonable time. Non-project stenographic, general clerical and accounting work,general office expense, and general administrative costs are included in overhead. These costs are not billed separately. Normal and reasonable time for contract negotiations are also covered in overhead; however, extended contract negotiations or time spent resolving differences in terms and conditions, scopes of work, or change notices will be billed at our project rates. The hourly billing rates indicated above are for calendar year 1994 and are subject to revision and adjustments as of January 1 of each calendar year. AGREE\AGREE\WELDCTY.PRO 4 9LI 3As' RUST ENVIRONMENT & INFRASTRUCTURE 1994 COMPENSATION FOR SERVICES STANDARD AGREEMENT In addition to regular hourly billing rates listed above the CLIENT will also pay for: A. Overtime at straight time rates to the extent an employee works more than 40 hours per week for the CLIENT. B. Cost of a record set of microfilm to be retained by RUST Environment & Infrastructure's files in cases where the CLIENT wants the original tracings and for the cost of postage and insurance for mailing such original tracings. C. Cost of any office space an accompanying services used by CLIENT's representatives. D. Use of computer services in design, project control reporting, cost control reporting, an other services. RUST Environment & Infrastructure's Computer Price Schedule is available upon request. E. Use of RUST Environment & Infrastructure's computer aided design equipment in the preparation of drawings and engineering reports (material lists, line lists, and instrument indexes, etc.). Billing rates for computer aided design applications are contained in the Computer Price schedule. These charges include the cost of equipment and supplies. F. All reproductions on behalf of the assignment at our standard rates. G. All field office expenses. H. Cost for the use of field equipment, safety equipment, and field sampling equipment in accordance with the project Equipment Fee Schedule. I. Telex, TWX, postage, and courier service. J. Travel and subsistence of RUST Environment & Infrastructure personnel incurred on behalf of the project. (Current rate for the use of personal cars is 28 cents per mile and is subject to semiannual revision.) K. Cost plus 15 percent of outside consulting and/or professional services - such as, analytical, drilling, legal, accounting, engineering, and other specialized services. RUST Environment & Infrastructure will obtain CLIENT's approval before authorizing such services. L. Cost plus 50 percent of individuals performing services under the direction, supervision, and control of RUST Environment &Infrastructure, but who are actually employees of a third party with whom RUST Environment & Infrastructure has an agreement for such services. RUST Environment & Infrastructure will obtain CLIENT's approval before authorizing such services. M. Pay for expert witness testimony equal to 11/2 their hourly billing rate. AGREE\AGREE\WELDCTY.PRO 5 940..14/11 RUST E&I 1994 CLIENT COMPUTER BILLING RATES General Description Billing Rates CAD Design Workstation $25.00 per hour CAD Drafting Workstation $20.00 per hour Personal Computer $16.00 per hour Word Processing Workstation $10.00 per hour* VAX Computer Connect Time $10.00 per hour** Plotting System (Black & White) $6.00 per plot Plotting System (Color/Mylar) $12.00 per plot * Certain contracts include the recovery of word processing workstations in the billing', rate schedule for full time word processing operators. In these situations, word processing workstations are not billed separately. ** Billing rates for applications requiring substantial VAX processor resources will be quoted on an as needed basis. Unique software application development and computer processing rates will be quoted on a per request basis. These rates are effective for any computer utilization after!January 1, 1994. AGREE\AGREE\WELDCTY.PRO 6 RUST E&I 1994 REPRODUCTION PRICE SCHEDULE Application Cost per Unit Prints $.11 per sq. ft. Sepias $.45 per sq. ft. Plain Bond Copies: 8' x 11 $.11 per sheet Color Printed Originals $2.00 per page 11 x 17 Black and White Originals $2.00 per page Reproductions which we are not equipped to Invoice cost to do in-house RUST Environment & Infrastructure AGREE\AGREE\WELDCTY.PRO 7 9103744 ENVIRONMENT& EXHIBIT I INFRASTRUCTURE RUST Environment & Infrastructure (RUST E&I) is pleased to submit this proposal for preliminary realignment of Weld County Road 27 1/2 running past the Central Weld Sanitary Landfill. Based on our recent telephone discussions and the copy of the approximate horizontal realignment you faxed us, we understand that the road will be realigned to the east of the existing alignment from approximately 1,400 feet north of the landfill to approximately 400 feet south of the landfill. The total length of the proposed realignment is approximately 3,100 feet. Since we have been involved in recent work in this area, we have three-dimensional digital files of the topography developed from aerial photographs through the areas of the proposed realignment. These files are routinely used in combination with Intergraph Inroads software to efficiently execute the engineering design, determine earthwork volumes and prepare drawings including plans, profiles, and cross-sections. By using the Intergraph Inroads software, we can easily make adjustments to the design subsequent to review and comment on the drafts and readily recalculate the resulting earthwork volumes and efficiently portray the revised alignment. Based on our discussions, we understand the desired scope of work is as follows: • Locate the horizontal alignment prepared by you on the existing topography; • Obtain a vertical profile of the natural ground surface along the proposed horizontal alignment and design a vertical alignment for the center line of the proposed road realignment; • Utilize a template cross-section to determine the required cuts and fills along the proposed alignment (The template will consist of 24-foot wide paved road with eight-foot shoulders and 4:1 slopes in both cut and fill. In the cut sections the 4:1 slope from the edge of the shoulder will extend 12 feet from the edge of the shoulder to provide a V-shaped ditch three-feet deep.); • Determine the cut and fill earthwork volumes along the proposed alignment; and • Prepare cross-sections showing typical and/or maximum cut and fill sections at two to four locations along the proposed realignment. The above information will be presented as a set of drawings showing the proposed alignment in plan and profile (along with the existing ground) and cross-sections to show typical and/or maximum cut-fill sections. We understand the desire on this preliminary design is to obtain a pleasing vertical alignment that will serve well if the county road is upgraded to an arterial. A balanced cut-fill is not a goal at this time. We propose to perform the services needed to execute the above scope of work on a time-and- material basis in accordance with our standard fees and terms and conditions which are attached. We estimate our fees for this work will be $2,500 which included one iteration on the vertical alignment of the revised County Road 27 1/2. Should additional iterations be requested by you, we will be able to perform the iterations at $200 each. You also indicated a three-dimensional drawing showing the proposed realignment would be useful for presentation to County Commissioners and other interested parties. We can provide a three-dimensional wire frame or mesh drawing showing the proposed realignment as it fits in the existing topography for an additional $500. All of the above work can be done within two to three weeks of an authorization to proceed on the project. 0Quality through teamwork RugENVIRONMENT& INFRASTRUCTURE Formerly Applied Environmental-SEC Donohue RUST Environment&Infrastructure Inc. 6143 South Willow Drive,Suite 200 Englewood,CO 80111-5123 Tel.(303)694-6660•FAX(303)694-4410 March 23, 1994 Mr. Drew Scheltinga, P.E. Weld County Engineering Department 9333 North 11th Avenue Greeley, Colorado 80631 Re: Proposal for Preliminary Realignment of Weld County Road 27 1/2 Dear Mr. Scheltinga: RUST Environment & Infrastructure (RUST E&I) is pleased to submit this proposal for preliminary realignment of Weld County Road 27 1/2 running past the Central Weld Sanitary Landfill. Based on our recent telephone discussions and the copy of the approximate horizontal realignment you faxed us, we understand that the road will be realigned to the east of the existing alignment from approximately 1,400 feet north of the landfill to approximately 400 feet south of the landfill. The total length of the proposed realignment is approximately 3,100 feet. Since we have been involved in recent work in this area, we have three-dimensional digital files of the topography developed from aerial photographs through the areas of the proposed realignment. These files are routinely used in combination with Intergraph Inroads software to efficiently execute the engineering design, determine earthwork volumes and prepare drawings including plans, profiles, and cross-sections. By using the Intergraph Inroads software, we can easily make adjustments to the design subsequent to review and comment on the drafts and readily recalculate the resulting earthwork volumes and efficiently portray the revised alignment. Based on our discussions, we understand the desired scope of work is as follows: • Locate the horizontal alignment prepared by you on the existing topography; • Obtain a vertical profile of the natural ground surface along the proposed horizontal alignment and design a vertical alignment for the center line of the proposed road realignment; • Utilize a template cross-section to determine the required cuts and fills along the proposed alignment (The template will consist of 24-foot wide paved road with eight-foot shoulders and 4:1 slopes in both cut and fill. In the cut sections the 4:1 slope from the edge of the shoulder will extend 12 feet from the edge of the shoulder to provide a V-shaped ditch three-feet deep.); • Determine the cut and fill earthwork volumes along the proposed alignment; and • Prepare cross-sections showing typical and/or maximum cut and fill sections at two to four locations along the proposed realignment. Quality through teamwork GJ 9410224 Mr. Drew Scheltinga, P.E. Weld County Engineering Department March 23, 1994 Page 2 The above information will be presented as a set of drawings showing the proposed alignment in plan and profile (along with the existing ground) and cross-sections to show typical and/or maximum cut-fill sections. We understand the desire on this preliminary design is to obtain a pleasing vertical alignment that will serve well if the county road is upgraded to an arterial. A balanced cut-fill is not a goal at this time. Per our discussion on March 21, 1994, we propose to perform the services needed to execute the above scope of work on a time-and-material basis in accordance with our standard fees and terms and conditions which are attached. We estimate our fees for this work to be $2,500 which includes one iteration on the vertical alignment of the revised County Road 27 1/2. Should additional iterations be requested by you, we will be able to perform the iterations at $200 each. You also indicated a three-dimensional drawing showing the proposed realignment would be useful for presentation to County Commissioners and other interested parties. We can provide a three-dimensional wire frame or mesh drawing showing the proposed realignment as it fits in the existing topography for an additional $500. All of the above work can be done within two to three weeks of an authorization to proceed on the project. We have enclosed a copy of our standard fee schedule and terms and conditions for your review. We have also enclosed a copy of a services agreement. If our proposal meets your approval and you wish to proceed with the project, please sign and return one of the original services agreements to us. If you have any questions or need clarification on this proposal, please give us a call at your earliest convenience. We look forward to working with on this interesting project and will provide you with a cost-effective timely quality product. Sincerely, RUST ENVIRONMENT & I RASTRUCTURE Michael R. Heinstein Lead Engineer, Solid Waste Group Randall ompson Section Manager, Engineering Group Enclosures cc: N. Scheaffer M. Carroll L. Floyd File AGREE\AGREE\WELDCTY.Pro 940r7.21.1 mEmoRAnDum 1111c, To Clerk to the Board Data March COLORADO From Drew Scheltinga County Engineer. Public Works \ g tea]! Subject: Agenda Item Please add the following to the Board's agenda: "Approval of the agreement with RUST Environmental & Infrastructure for the alignment of WCR 27.5. " This agreement is consulting engineering services for the proposed alignment of WCR 27.5 around the Waste Services Landfill. It is to determine the feasibility and extent of the earthwork for the proposed alignment. The basic work will cost $2,500 with any additional iterations at $200 each. Appropriate documentation is attached. DS/pds:ctbl2 Attachment cc: Commissioner Kirkmeyer File lt` 724 Hello