HomeMy WebLinkAbout20251852.tiffResolution
Approve Amendment #1 to Agreement for Professional Services Concerning
Proposal for Weld County Judicial Center Site Selection Study and Authorize Chair
to Sign — PCL Construction Services, Inc.
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 Amendment #1 to the Agreement for
Professional Services Concerning Proposal for Weld County Judicial Center Site
Selection Study between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Facilities Department, and
PCL Construction Services, Inc., commencing March 24, 2025, and ending December 31,
2025, with further 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 Amendment #1 to the Agreement for Professional Services Concerning
Proposal for Weld County Judicial Center Site Selection Study between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Facilities Department, and PCL Construction Services, Inc., be,
and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said amendment.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 30th day of June, A.D., 2025, nunc pro tunc March 24, 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
cc : B6(Po/cw) C A (B8/KMi
.7/(0/25
2025-1852
BG0027
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
WELD COUNTY AND PCL CONSTRUCTION SERVICES, INC.
THIS AMENDMENT TO AGREEMENT is made by and between the County of Weld,
State of Colorado, whose address is 1150 O Street, Greeley, Colorado, 80631 ("County"), and
PCL Construction Services, Inc., whose address is 2000 South Colorado Blvd., Ste 2-500,
Denver, CO 80222 ("Contractor").
WHEREAS, on March 24, 2025, the Board agreed in writing with Contractor to perform
certain professional services, including a detailed infrastructure assessment, estimated price of
the work, constructability, and schedule analysis for three potential sites: (1) O Street (North of
Downtown Greeley); (2.A) Downtown Greeley (Church/Justice Services block); and (3.B)
Downtown Greeley (Southeast Weld County parking lots block)(the "Original Agreement").
This analysis would support Weld County's Facility Master Plan (FMP) by ensuring an informed
site selection based on cost efficiency, feasibility, and construction timelines, and
WHEREAS, County now desires to retain Contractor as an independent contractor to
perform the additional services set forth in the attached Exhibit "A," and therefore is in need of
amending the Original Agreement to add the services to the list of services to be performed by
PCL's hired professionals and delivered according to the time frame stated in Exhibit A, and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby
accepts engagement by County upon the terms and conditions set forth in this Agreement.
Through this Agreement, Contractor is contracting on its own behalf and on behalf of
Reilly Johnson Architecture.
2. Term. The term of this Agreement shall be from the date set forth below, nunc pro tunc,
March 24, 2025, through and until December 31, 2025, which term may be extended by
mutual written consent of the parties.
3. Services to be Performed. Contractor agrees to perform the Services listed or referred to
in Exhibit "A," attached hereto and incorporated herein. Exhibit A consists of seven (7)
pages and is entitled, "Proposal for Weld County Judicial Center Site Selection Study."
4. Compensation. County agrees to pay the sum of $5,000 to Contractor for services
performed as set forth in Exhibit A.
Page 1 of 4 Pages
2025-1852
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5. Additional Work. The only possible additional work would be for Contractor to perform
according to a separate additional amendment agreed to by both parties.
b. Independent Contractor. Contractor agrees that Contractor is an independent contractor
and that neither Contractor nor Contractor's agents or employees are, or shall be deemed
to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County,
nor is Contractor entitled to any employee benefits from County as a result of the execution
of this Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will be
performed in a manner consistent with the professional standards governing such services
and the provisions of this Agreement.
8. Written Reports County Property. All written reports produced in connection with the
performance of this Agreement, whether or not such reports are in completed form, shall
at all times be considered the property of the County. Contractor shall not make use of
such material for purposes other than in connection with this Agreement without prior
written approval of County.
9. Insurance and Indemnification. Contractor shall maintain adequate liability insurance
covering the negligent acts of Contractor during its performance of the services contracted
for in this Agreement. Contractor shall provide necessary workers' compensation
insurance at Contractor's own cost and expense.
10. Termination. Either party may terminate this Agreement at any time by providing the
other party with a ten (10) day written notice thereof. Furthermore, this Agreement may
be terminated at any time without notice upon a material breach of the terms of the
Agreement. In the event of an early termination, Contractor shall be paid for work
performed up to the time of notice and County shall be entitled the use of all material
generated pursuant to this Agreement.
11. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest
therein or claim thereunder, without the prior written approval of County.
12. Access to Records. County shall have access to Contractor's financial records as they
relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
13. Time of Essence. Time is of the essence in each and every provision of this Agreement.
Page 2 of 4 Pages
14. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not
limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
15. Notices. Any notice required to be given under this Agreement shall be in writing and
shall be mailed or delivered to the other party at that party's address as stated above.
16. Compliance. This Agreement and the provision of services hereunder shall be subject to
the laws of Colorado and be in accordance with the policies, procedures, and practices of
County.
17. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or
agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both
parties.
18. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted
for.
19. No Conflict. No employee of Contractor nor any member of Contractor's family shall
serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or
authorizes funding to Contractor.
20. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of
the parties.
21. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess.
22. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement
of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person
not included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
Page 3 of 4 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACTOR:
PCL Construction Services, Inc.
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SUBSCRIBED AND SWORN to before me this y� day of —1114,
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WITNESS my hand and official seal.
My commission expires: )1S Pg.
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Notary Pub
ATTEST: f(A,,,z414,) �% BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY
CLERK TO THE BOARD
By:
Deputy Clerk to the Boa
Page 4 of 4 Pages
uck, Chair
JUN 3 0 2025
2025-1�5Z
EXHIBIT "A"
Proposal for Weld County Judicial Center Site Selection Study
Submitted by: PCL Construction & Reilly Johnson Architecture (RJA)
Date: June 1, 2025
Prepared for: Level5 Collaborative
Contact: Jeff Darnell
1. Executive Summary
PCL Construction, in collaboration with Reilly Johnson Architecture, is pleased to submit this
proposal for the Facility Strategy, Extended Study for Weld County and their Facilities Master
Plan. The purpose of this study is to provide the Board of County Commissioners (BoCC) via
Level5 with an estimated price of the work, and schedule analysis for three potential options:
1. Option 1, renovation of the existing facilities (Centennial and Plaza West)
2. Option 2, downtown redevelopment strategy (new above grade building at the Centennial
location)
3. O -Street Redevelopment Strategy (new building at the O -Street location)
This analysis will support Weld County's Facility Master Plan (FMP) by ensuring an informed
site selection based on cost efficiency, feasibility, and construction timelines.
PCL will lead the estimate, and schedule analysis, while RJA will oversee space
programming and conceptual facility development.
Deliverable Timeline: Data required June 11, 2025.
2. Scope of Work
A. Departments Included in This Analysis:
• Justice Services
• Admin Building
• Assessor
• Treasurer
• Planning
B. Department -Level Space Programming
• Conduct follow-up conversations with departments that completed the Gensler space
planning questionnaire.
Clarify specific space requirements:
o Private offices
o Open workstations
o Meeting rooms
o Break areas
o Public lobby and access
o Parking needs
o Security concerns
Plan for 40+ years of growth (assumed rate of 5 FTEs every 5 years, tied to population
growth).
C. Facility Planning Options
Option 1: Renovation of Existing Facilities
• RJA will lead the space planning and preliminary design for the retrofit of the Centennial
Center and Plaza West.
• PCL will provide budgeting for the renovation based on RJA's preliminary design.
Option 2: Downtown Redevelopment Strategy
PCL will provide budgeting for the demolition of the Centennial Center and Plaza West.
RJA will develop a preliminary design for a new facility integrated with the Downtown
Master Plan.
• PCL will provide budgeting for the new downtown facility based on RJA's preliminary
design.
Option 3: 0 -Street Redevelopment Strategy
• PCL will provide budgeting for the demolition of the Centennial Center and Plaza West.
• RJA will develop a conceptual site plan for a new facility within the O -Street campus.
• PCL will provide budgeting for the construction of a new O -Street facility.
D. Estimate & Schedule Summary
Site
Demolition
Estimate
Construction Soft Costs & Estimated Schedule
Estimate Fees Duration
Option 1 Included Included Included Estimated
Option 2 Included Included Included Estimated
Option 3 Not applicable Included Included Estimated
E. Deliverables
1. Final Report & Presentation for Weld County
• Conceptual site plans & layouts for each location.
• Preliminary cost estimates & comparison.
• Schedule analysis & timeline comparison between sites.
F. Conclusion
This proposal ensures that Weld County receives a comprehensive, data -driven site selection
analysis for its administration while aligning with its Facility Master Plan (FMP) objectives. By
leveraging the expertise of Reilly Johnson Architecture and PCL Construction, this study will
provide critical cost, constructability, and schedule data to facilitate an informed site
selection decision.
3. Fees
We are pleased to provide the services noted above for fixed fee of $5,000.00.
We appreciate the opportunity to collaborate with Level5 and Weld County on this project and
look forward to your approval to proceed.
Sincerely,
Shawn Janzen
PCL Construction & Reilly Johnson Architecture
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