HomeMy WebLinkAbout971374.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR ENGINEERING SERVICES AND AUTHORIZE CHAIR
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 an Agreement for Engineering Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Chang
Engineering Co., Inc., 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 Agreement for Engineering Services between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, and Chang Engineering Co., Inc., be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 July, A.D., 1997.
r
BY:
• Deputy Cler to the Board
APP' s • a . AS TO FORM:
a
r :o Board
o my Attorn
CC : F(; Chang
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY,CQLORADO
. Baxter, Chair
onstance L. Harbert, Pr em
Dale K. Hall EXCUSED DATE OF SI\ GNING (AYE)
Barbara J. Kirkmeyer
Wester
971374
EG0036
CHANG ENGINEERING CO., INC.
A GREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, entered into at Chang Engineering Co., Inc. on the 1st day of
June, 1997, by and between Board of County Commissioners of Weld County, Colorado,
hereinafter called "Client" and CHANG ENGINEERING CO., INC., a Colorado
Corporation, hereinafter called "Engineer", is as follows:
The Client engages Engineer to perform professional services for a project known
and described as:
Civil Engineering Services for Litigation Regarding the Hillsborough Extension Ditch and
Culvert Extensions hereinafter called the "Project". The Client and Engineer for mutual
consideration hereinafter set forth, agree as follows:
A. Engineer agrees to provide and perform certain professional engineering
services for Client upon the Project as follows:
Review claims by the Hillsborough Extension Ditch Company of Johnstown, Colorado
against Weld County with regard to the proposed construction of bridges and installation of
culverts on Weld County Roads 42 and 50. Determine by field reconnaissance and
calculation the existing hydrology of stream channels at both sites and at points where the
stream channels enter the Hillsborough Extension Ditch. Facts on the hydrology of the
drainage basins and stream channels will be prepared as a report to the Client.
The report shall include a quantification of drainage basin characteristics (drainage
basin limits, soil characteristics, and land use), stream characteristics (stream path, channel
section, and channel grade), and areas of reservoir and channel storage. The Engineer
shall develop as part of the report, hydrographs of flood flows for the 2-, 5-, 10-, 50-, and
100 year flood flows for the proposed bridge or culvert crossings at Weld County Road 42
and 50. The effect of storage on the incremental difference between flows at the bridge or
culvert and the downstream irrigation ditch will be estimated
A supplemental service will be provided to testify in court, if necessary, as an expert
hydrologist on behalf of Weld County regarding findings and conclusions set forth in the
final report (this supplemental service will be billed separately at $125/ hour on a time and
material basis).
B. Client's responsibility shall be as follows:
The Client will provide to the Engineer available maps of the drainage basin topography
and related hydrologic information (soils and land use). The Client will also provide
previous calculations, engineering drawings, and related data pertinent to the sites. The
Client shall provide copies of relevant correspondence with and legal claims by the
Hillsborough Extension Ditch Company of Johnstown, Colorado.
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C. Client agrees to pay Engineer as compensation for his services as follows:
Hydrologic fact report for Weld County Roads 42 and 50 $8,536.00
D. The standard provisions attached are incorporated hereunto and made a
part of this agreement.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
agreement upon the terms, conditions, and provisions above stated and attached hereof, the
day and year first above written.
CHANG NGINEERING CO., INC. (Engineer)
B DATED: ./7/4
TITLE: Pres /
CLIENT
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Standard Contract Provisions
The Client and Engineer agree that the following provisions shall be a part of their
agreement.
1. Neither the Client nor Engineer shall assign his interest in this agreement without
the written consent of the other.
2. All agreements on the Engineer's part are contingent upon, and Engineer shall not
be responsible for damages or be in default or be deemed to be in default by reason of,
delays in performance by reason of strikes, lockouts, accidents, acts of God and other delays
unavoidable or beyond Engineer's reasonable control, or due to shortages or unavailability of
labor at established area wage rate or delays caused by failure of Client or Client's agents to
furnish information or to approve or disapprove Engineer's work promptly, or due to late or
slow, or faulty performance by the Client, other contractors, or governmental agencies, the
performance of whose work is precedent to or concurrent with the performance of Engineer's
work. In the case of the occurance of any such cause of delay, the time of completion shall
be extended accordingly.
3. In the event that any changes are made in the plans and specifications by the client
or persons other than the Engineer which affects the Engineer's work, any and all liability
arising out of such changes is waived as against the Engineer and the Client assumes full
responsibility for such changes unless Client has given Engineer prior notice and has
received from Engineer written consent for such changes.
4. The Engineer is not responsible, and liability is waived by Client as against
Engineer, for use by Client or any other person of any plans or drawings not signed by
Engineer.
5. All tracings, survey notes, and other original documents as instruments of service
are and shall remain the property of the Engineer, except where by law or precedent these
documents become public property.
6. Our liability to the Client for injury or damage to persons or property arising out
of work performed for the Client and for which legal liability may be found to rest upon us,
other than for professional errors and omissions, will be limited to our general liability
insurance coverage, which we maintain in limits in excess of $1,000,000. For any damages
on account of any error, omission or other professional negligence our liability will be
limited to a sum not to exceed $50,000 or our fee, whichever is greater.
7. Fees and all other charges will be billed monthly as the work progresses, and the
net amount shall be due at the time of billing.
8. Interest of 1-1/2% per month (but not exceeding the maximum rate allowable by
law) will be payable on any amounts not paid within thirty (30) days, payment thereafter to
be applied first to accrued interest and then to the principal unpaid amount. Any attorney's
fees or other costs incurred in collecting any delinquent amount shall be paid by the Client.
9. The Client shall pay the costs of checking and inspection fees, zoning and
annexation application fees, assessment fees, soils engineering fees, and all other fees,
permits, bond premiums, title company charges, blueprints and reproductions, and all other
charges not specifically covered by the terms of this agreement.
10. In the event all or any portion of the work prepared or partially prepared by the
Engineer be suspended, abandoned, or terminated, the Client shall pay the Engineer for the
work performed on an hourly basis, not to exceed any maximum contract amount specified
herein.
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11. Any Opinion of the Construction Cost prepared by the Engineer represents his
judgment as a design professional and is supplied for the general guidance of the Client.
Since the Engineer has no control over the cost of labor and material, or over competitive
bidding or market conditions, the Engineer does not guarantee the accuracy of such Opinions
as compared to contractor bids or actual cost to the Client.
12. The Client agrees that in accordance with generally accepted construction
practices, the construction contractor will be required to assume sole and complete
responsibility for job site conditions during the course of construction of the project,
including safety of all persons and property; that this requirement shall be made to apply
continuously and not be limited to normal working hours; and the Client further agrees to
defend, indemnify and hold the Engineer harmless from any and all liability, real or alleged,
in connection with the performance of work on this project, excepting liability proximately
arising from the sole negligence of the Engineer. In the performance of its professional
services, Engineer will use that degree or care and skill ordinarily exercised under similar
circumstances by reputable members of its profession practicing in the same or similar
localities and no other warranties, express or implied, are made or intended in any of
Engineer's proposals, contracts or reports.
13. In the event Client fails to pay Engineer promptly or within sixty (60) days after
invoices are rendered, then Client agrees that Engineer shall have the right to consider said
default a total breach of this agreement and the duties of the Engineer under this agreement
terminated. In such event, Client shall then promptly pay the Engineer for all of the fees,
charges and services performed by Engineer on an agreed hourly basis.
14. Should litigation be necessary to enforce any term or provision of this
agreement, or to collect any portion of the amount payable under this agreement, then all
litigation and collection expenses, witness fees and court costs, and attorney's fees shall be
paid to the prevailing party.
15. If Notice to Proceed from the Client does not commence within sixty (60) days
from the date listed on the front of this contract, this contract may be considered null and
void by either party, if so desired, and be subject to renegotiation prior to the Engineer
commencing work on the project.
16. There are no understandings or agreements except as herein expressly stated.
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