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Home My WebLink About940409.tiff RESOLUTION RE: APPROVE AMENDMENT TO CONTRACT FOR ENGINEERING SERVICES WITH LORIS AND ASSOCIATES, INC. AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGES #8/25A AND #18/25A 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 an Amendment to the Contract for Engineering Services for Bridges #8/25A and #18/25A between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Loris and Associates, Inc. , with terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to the Contract for Engineering Services for Bridges 08/25A and #18/25A between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Loris and Associates, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of May, A.D. , 1994.ATTEST: /'{7ladit BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board ,h /�/�`/ tt/,,�L/, ; /v/ ,/ny',� �, W Webster, C airman V BY: - /�- ' "' Deputy erk to the Board Dal . Ha 1, P Tem APPR/OVg.D_iS TO FORM: 7.7 a eorg E. Baxter 2......__ EXCUSED DATE OF SIGNING (AYE) my Attorn y tance L. Harber Barbara J. Kirkdeyer 940409 EGoca L.c,Ci AMENDMENT Pursuant to the provisions of paragraph VII of the Contract for Engineering Services for Weld County Bridge No. WEL008 . 0-025 . 0A and Bridge No. WEL018 . 0-025 . 0A, dated March 20, 1993, the County of Weld and Loris and Associates, Inc. ( "Engineer" ) agree to the following changes or amendments : 1 . Paragraph III, T. is hereby amended as follows : T. Construction Phase Review shop drawings Provide consultation during construction Provide a qualified inspector to conduct construction inspection and materials testing during construction as follows : a) Manage the Engineering details of the described construction projects . Insure construction of the project is in accordance with the plans; b) Enforce governing specifications and special provisions; c) Confirm that proper documentation of the construction activities is maintained. d) Maintain a daily diary of work performed at the job site. Although it is anticipated that Engineer will make a site visit each day that substantial construction takes place on the subject project, the parties agree that this Amendment does not contemplate construction inspection services on a full-time employment basis . e) Any dispute concerning interpretation of specifications shall be referred to Weld County, when time permits, for resolution. An immediate decision may be made by Engineer and orders written, when necessary to expedite construction. f) Engineer is not responsible for job safety nor for methods or means of construction, which are the responsiblity of the Contractor. Page 1 of 4 Pages 94®4`19 g) The services set forth in this Amendment are not intended to replace original contract provisions concerning "shop drawing" review services or the requirement that Engineer interpret plans and special provisions, and respond to questions concerning said plans and special provisions during construction. Testers Testers may be subcontracted to Engineer, at the discretion of Engineer, and authorized to test work done and materials furnished. Such testers may extend to all or part of the work and to the preparation, fabrication or manufacture of the materials to be used. The tester will not be authorized to alter or waive the provisions of the contract or issue instructions contrary to the plans and specifications already in place. Since Weld County receives a warranty on all construction, testing services performed by Engineer should comply more with the Quality Assurance program already in place in Weld County, rather than with the full quality control plan utilized by the Colorado Department of Transportation. Compensation In consideration of the services to be provided by Engineer pursuant to this Amendment, Weld County agrees to pay Engineer at the rate of $45 . 00 per hour for each hour in which said services are provided, together with reimbursement for mileage at the rate of $ . 30 per mile and reimbursement for testing services, estimated to be $1,500 . 00 for Weld County Bridge No. WEL008 . 0-025 . 0A and $3, 000 . 00 for Weld County Bridge No. WEL018 . 0-025 . 0A. The total amount to be paid for all services shall not exceed $10, 665 . 00 for the project known as Weld County Bride No. WEL008 . 0-025 . 0A and not to exceed the total sum of $25,530 . 00 for the project known as Weld County Bridge No. WEL018 . 0-025 . 0A. Construction Inspector Qualifications The construction inspector to be provided by Engineer shall meet or exceed all of the qualifications and requirements of Colorado Law and any rules concerning such construction inspector set forth by the Colorado Department of Transportation. Parties Relationship The parties to this Amendment intend that the relationship between them contemplated by this Amendment to the contract is that Page 2 of 4 Pages 940499 of independent entities working in mutual cooperation. No employee, agent, or servant of one party shall be or shall be deemed to be an employee, agent, or servant of another party to this Amendment to the contract. Additionally, the parties hereby acknowledge that the construction inspector provided by Engineer is not an employee of Weld County but is providing services as an employee of Loris and Associates, Inc . Limitations-Liabilities-Indemnification Each party shall not be responsible or liable for acts or omissions or failures to act by the other party. Accordingly, Weld County agrees to indemnify and hold Engineer harmless from any and all liability incurred by acts or omissions or failures to act by Weld County, and likewise, Engineer agrees to indemnify and hold Weld County harmless from any and all liability incurred by acts or omissions or failures to act by Engineer. Funding No portion of this Amendment shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated during the term of this agreement. No Third Party Beneficiary Enforcement It is expressly understood and agreed that enforcement of the terms and conditions of this Amendment, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Amendment shall give or allow any claim or right of action whatsoever by any other person not included in this Amendment. It is the express intention of the undersigned parties that any entity other than the under- signed parties, receiving services or benefits under this Amend- ment, shall be deemed an incidental beneficiary only. Relationship to Contract This agreement is intended to be an Amendment to the above- described contract, pursuant to the provisions of paragraph VII of the original contract. If any term or condition of this Amendment shall be held to be invalid, illegal, or unenforceable, this Amendment shall be construed and enforced without such a provision, to the extent this Amendment is then capable of execution within the original intent of the parties . Page 3 of 4 Pages 9404.!9 This Amendment is hereby incorporated into the original contract. To the extent that any provisions of this Amendment should conflict with any term or provision in the original contract, the provision in the Amendment shall be controlling. fh EXECUTED this `Y"— day of -RIOT , A.D. , 1994 . COUNTY OF WELD W. Hd V an 0 ,6-4, G�� Ogigq Board of County Commissioners ATTEST: � / Weld County Clerk 4.4a/e---1/11-4.46-0 to the By: u Deputy Clerk LORIS AND ASSOCIATES, INC. BY: TITLE : DATE : APPROVED AS TO FORM: County Atto ey aloris.db Page 4 of 4 Pages 9 0423 05/03/94. 12:13 $ 303 444 2013 LORIS & ASSOC. P.02 This Amendment is hereby incorporated into the original contrast. To the extent that any provisions of this Amendment should conflict with any term or provision in the original contract, the provision in the Amendment shall be controlling. EXECUTED this _ _ day of , A.D., 1994 . COUNTY OF WELD w. fll.Wabsti r, Chairman Board of County Commissioners ATTEST: Weld County Clerk and Recorder. and Clerk to the Board ayf _. Deputy county C or LORIS AND ASSOCIATES, INC. BY: TITLE: ?IQVSIPS4-r DATE: 5- 5_94 APPROVED A3 TO FORM: County Attorney alorfs.eu Page 4 of 4 Pages MAY 3 ' 94 13: 10 3034442013 PAGE . 002 940499 BRIDGE 8/25A TOTAL PROJECT BUDGET $671, 000 PROJECT EXPENDITURES CONSULTANT ENG. FEES $ 23 , 960 R.O W $ 4 , 675 CONSTRUCTION CONTRACTOR $424, 385 WELD COUNTY ENGINEERING $ 35, 000 ENVIRONMENTAL CONSULTANT $ 857 TOTAL EXPENDITURES $488, 895 TOTAL BUDGET - TOTAL EXPENDITURES = $182 , 105 AMENDMENT WILL INCREASE COSTS BY $10, 665 WHICH WILL LEAVE $171, 440 LEFT IN BUDGET. BRIDGE 18/25A TOTAL PROJECT BUDGET $826, 000 ESTIMATED PROJECT EXPENDITURES CONSULTANT ENG. FEES $ 27, 000 R.O W $ 4 , 561 CONSTRUCTION CONTRACTOR $754, 499 WELD COUNTY ENGINEERING $ 8, 000 ENVIRONMENTAL CONSULTANT $ 1, 275 TOTAL ESTIMATED EXPENDITURES $795, 335 TOTAL BUDGET - TOTAL EST. EXPENDITURES = $30, 665 ADMENTMENT WILL INCREASE PROJECT COSTS BY $25,530 WHICH WILL LEAVE $5, 135 LEFT IN BUDGET. ESTIMATED CONSTRUCTION FEES, WHICH ACCOUNT FOR 90% OF THE TOTAL PROJECT COSTS, ARE BASED UPON RECENT COUNTY PROJECTS. THESE PRICES COULD GO HIGHER OR LOWER BASED ON THE TIME THE PROJECT IS LET OUT FOR BID,BECAUSE CERTAIN MONTHS OUT OF THE YEAR CONTRACTORS ARE NEEDING MORE WORK AND WILL GIVE LOWER BIDS. IF BIDS DO EXCEED ESTIMATED COSTS WE HAVE THE OPTION OF REJECTING THE BIDS AND BID THE PROJECT AT A DIFFERENT TIME OR HAVE COUNTY CREWS DO PART OF THE CONSTRUCTION TO REDUCE THE TOTAL CONSTRUCTION COSTS.THEY COULD DO SUCH THINGS AS BRIDGE DEMOLITION,TREE REMOVAL,ETC. . 94C4C9 Hello