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HomeMy WebLinkAbout20250808.tiffResolution Approve 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 an Agreement for Professional Services Concerning a Proposal for the 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 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 Professional Services Concerning a Proposal for the 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 agreement. 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 24th day of March, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc :8C (PO/O4), CA(es A.) of /IS /2.5 2025-0808 BG0027 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND PCL CONSTRUCTION SERVICES, INC. THIS 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, County desires to retain Contractor as an independent contractor to perform services as more particularly set forth in the attached 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 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 $47,500 to Contractor for services performed as set forth in Exhibit A, with the only possible addition being an extra $2,000.00 to pay for Contractor to perform the services in completing Task E. of Exhibit A, if the County chooses to do so and notifies Contractor accordingly. 5. Additional Work. The only possible additional work would be for Contractor to perform the services in completing Task E. of Exhibit A, if the County chooses to do so and notifies Contractor accordingly. 6. 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, Page 1 of 4 Pages 2025-0808 3/Z4, Bc-�OOZ-1 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. 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. Page 2 of 4 Pages 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. By: Ryan Sc idt, Vice President and District Manager SUBSCRIBED AND SWORN to before me this C9044 day of MO OI h , o2Ua,S . WITNESS my hand and official seal. My commission expires: I IISIZ ATTEST: -WdtdOA1 j`-'""';‘'i. CLERK TO THE BOARD • t_ e Notary I BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY KATHLEEN Y LIbCiK FRITZ Nr State CoIora, Notary ID #20204002092 M Commissl,E■pres01-15-2028 By: ��"a`"�W I J By: Deputy Clerk to the Board Perry L. Page 4 of 4 Pages uck, Chair MAR 2 21 2325 z oZ5 -oK4% Exhibit "A" Proposal for Weld County Judicial Center Site Selection Study Submitted by: PCL Construction & Reilly Johnson Architecture (RJA) Date: March 17, 2025 Prepared for: Weld County Board of County Commissioners (BoCC) Contact: Weld County Facilities Department 1. Executive Summary PCL Construction, in collaboration with Reilly Johnson Architecture, is pleased to submit this proposal for the Judicial Center Site Selection Study for Weld County. The purpose of this study is to provide the Board of County Commissioners (BoCC) with 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) B. Downtown Greeley (Southeast Weld County parking lots block) 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, constructability, site logistics and schedule analysis, while RJA will oversee site feasibility, infrastructure design, and demolition assessments. Deliverable Timeline: Data required within 30 days for draft report and an additional 15 days for final report from Notice to Proceed (NTP). Total of 45 days from NTP to final report. 2. Scope of Work A. Site Selection Analysis & Infrastructure Assessment 1. Site Feasibility & Conceptual Design (Led by RJA) • Develop conceptual site layouts for each location. Analyze site constraints, space planning, and feasibility for judicial center placement. Provide site plans including: Building footprint & circulation Blocking and massing information Access points & major utility connections Parking and vehicular movement 2. Infrastructure & Utility Evaluation (Led by RJA) Identify existing utility infrastructure for: o Potable and Non- Potable Water, sanitary sewer, stormwater o Gas, electric and telecom engagement and coordination Determine required extensions, relocations and upgrades for site development. o Includes initial assessment of utility demand requirements of the conceptual designs Coordinate with: o City of Greeley for municipal utility connections o Xcel Energy, Atmos Energy, and other service providers 3. Regulatory Requirements (Led by RJA) • Assess permitting requirements, easements and zoning • Environmental regulations and requirements • Assess stormwater management requirements for each site. 4. Demolition & Site Preparation (Led by RJA) • Identify existing structures requiring demolition, remediation/abatement and site clearing needs. 5. Review of Existing Feasibilities Studies and Proposals (Led by RJA) • Review and analysis of the Gensler 'Judicial Services Downtown Campus Feasibility Study' and the Richmark proposal. 6. Phasing Impacts and Comparison (Led by RJA) • Evaluate and outline pre and post development conditions relative to each site identifying transfer of real property required for the development and future development of adjacent parcels. B. Cost, Constructability, and Schedule Analysis (Led by PCL Construction) 1. Estimate & Budget Development Develop detailed estimates for required infrastructure improvements, including: Regulatory costs, permitting, easement, zoning, site specific requirements (stormwater mitigation measures) Wet Utility connections (water, sanitary sewer, stormwater) 3r° Party Utility connections (gas, electric, telecom) Roadway improvements & intersection modifications Demolition activities, include hazardous material remediation allowances. Break down estimate into: o Hard construction estimate o Permit fees and soft costs estimate o Contingency and allowances allocations 2. Constructability & Site Logistics Review • Assess construction feasibility and site constraints, including: o Space limitations for staging & material storage o Traffic impact & access requirements o Soil and existing conditions • Identify major construction risks and mitigation strategies. • Provide recommendations for phasing & scheduling to minimize operational disruptions. 3. Schedule Analysis & Comparative Evaluation Compare construction schedules for the O Street and Downtown Greeley sites, factoring in: Demolition, abatement and site preparation timelines. Utility extension schedules based on city and service provider coordination. Permitting and regulatory approval processes for each site. Potential construction constraints (e.g., traffic flow impact, winter conditions, existing site usage). Phased development requirements and impact on project completion. Provide a side -by -side construction schedule comparison to inform Weld County's decision -making. Identify which site allows for a faster, more efficient project delivery with minimized risk of delays. C. Estimate & Schedule Summary Site Soft Estimated Demolition Construction Infrastructure Costs & Schedule Estimate Estimate Upgrades Fees Duration O Street Included Included Included Included Estimated Downtown - Included Included Included Included Estimated Option A Downtown - Included Included Included Included Estimated Option B D. Deliverables & Timeline 1. Final Report & Presentation for Weld County • Conceptual site plans & layouts for each location. • Utility and infrastructure impact assessments. Preliminary cost estimates & comparison. Constructability review & risk analysis. Schedule analysis & timeline comparison between sites. Summary analysis for site selection based on cost estimates, feasibility, logistics and schedule impact. 2. Timeline for Completion Responsible Week Tasks Party Week 1 Site visits, data collection, utility & permitting RJA & PCL coordination. Conceptual design development, constructability & Week 2 RJA & PCL schedule reviews. Cost modeling, risk analysis, & schedule comparison. Week 3 RJA & PCL Conceptual design development refinement. Week 4 Draft report preparation & presentation to Weld County. RJA & PCL Adjustments to initial feedback, design refinement, Week 5 updates to schedule and logistics, and cost model RJA & PCL refinement. Week 6 Final report preparation & presentation to Weld County. RJA & PCL 3. Summary of Responsibilities Task Site feasibility & conceptual design Utility & infrastructure design Reilly Johnson PCL Architecture Construction el ISI Task Demolition assessment (Downtown sites) Estimate for utilities & infrastructure Road & intersection improvement costs Constructability review Schedule analysis for both sites Risk assessment for site logistics Final estimate modeling Deliverable preparation & reporting Reilly Johnson PCL Architecture Construction gli SI o o O o O o O 4. Information Requested of the County to Support Scope of Work In support of producing the final report as outlined in this scope of work, we are requesting the following information be provided, if available: Space program used by Gensler for the 200,OOOsf Justice Center. Assessments of existing buildings and sites. Notes from interviews with departments. Floor plans of Centennial, Plaza West and District Courts buildings. Ownership and impact of land transfer potential. Existing vs proposed Zoning for each parcel. Existing utility plans. Environmental surveys and/or information. Geotechnical information. • Land surveys. • Traffic studies and management/control requirements. E. Alternate for Study to Reuse the existing facility and site. Our team has prepared an alternate scope of service to explore the reuse and expansion of the existing justice center facility to accommodate the current space program needs. This analysis would include the scope outlined above as it would relate to the existing facility and downtown block. It would also include a detailed assessment of work required to bring the existing facility up to modern courthouse operational requirements. F. Conclusion This proposal ensures that Weld County receives a comprehensive, data -driven site selection analysis for its new judicial center 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. G. Fees We are please to provide the services noted above for fixed fee of $47,500.00 (not including the alternate identified in Section E above) Our fix fee to provide the Alternate scope identified in Section E above is $2,000.00. We appreciate the opportunity to collaborate with Weld County on this project and look forward to your approval to proceed. Sincerely, [Authorized Representative Name] PCL Construction & Reilly Johnson Architecture Hello