HomeMy WebLinkAbout20251853.tiffResolution
Approve Agreement for Professional Services for Weld County Capital
Improvement Program Integrated Advisory Services and Authorize Chair to Sign —
Level5 Collaborative
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
for the Weld County Capital Improvement Program Integrated Advisory Services 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
Level5 Collaborative, commencing May 5, 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 for the Weld County Capital
Improvement Program Integrated Advisory Services 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 Level5 Collaborative, 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 30th day of June, A.D., 2025, nunc pro tunc May 5, 2025:
Pent' 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: BG(Po/cN) cINOSS/uM)
076./25
2025-1853
BG0027
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY
AND LEVELS COLLABORATIVE
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 Levels
Collaborative, whose address is 1613 Pelican Lakes Pt., Suite 200, Windsor, CO 80550
("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth in the attached Exhibits "A" and "B," 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.
2. Term. The term of this Agreement shall be from June 9, 2025, nunc pro tunc, May 5,
2025, through and until the date upon which the Tasks set forth in Exhibit "A" have been
completed, or December 31, 2025, whichever date is earlier, and the 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" with the hourly rates set forth in Exhibit "B," attached hereto and
incorporated herein.
4. Compensation. County agrees to pay Contractor the sums and rates as set forth in Exhibits
A and B for the work performed.
5. Additional Work. The parties do not anticipate any additional work other than the tasks
set forth in Exhibits A.
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,
nor is Contractor entitled to any employee benefits from County as a result of the execution
of this Agreement.
Page 1 of 4 Pages
2025-1853
(0/30 Be 0027
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.
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.
Page 2 of 4 Pages
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.
(Remainder of page left intentionally blank.)
Page 3 of 4 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACTOR:
Leve15 Collaborative
By:
J-. f rnell, President and CEO
SUBSCRIBED AND SWORN to before me this I -1 day of j jile, , 24015_.
WITNESS my hand and official seal.
KARLA JANE FORD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 199 1727
x;727
MY COMMISSION EXPIRES tub'
on expires: 2�z12 LP
Jo�
No Public
ATTEST: WeirAtkl X.,4i%e BOARD OF COUNTY
CLERK TO THE BOARD
By:
G
Deputy Clerk to the Bo
COMMISSIONERS OF WELD COUNTY
Page 4 of 4 Pages
erry LUBuck, Chair
JUN 3 0 2025
Exhibit "A"
level5 collaborative
Make It Happen
Weld County Capital Improvement
Program - Integrated Advisory Services
STATEMENT OF WORK
May 2025
Exhibit A.
STATEMENT
OF WORK
(SOW)
Weld County Capital Improvement Program:
Integrated Advisory Services
Prepared by: Level5 Collaborative
Effective Date: [To Be Completed by County]
I. PROJECT BACKGROUND
Weld County is advancing a multi -year Capital Improvement Plan (CIP) to address major civic infrastructure needs.
Level5 Collaborative (Level5) will serve as the County's integrated capital program advisor, supporting early planning
through final delivery and long-term performance. This Statement of Work defines the framework, scope, and
compensation model under which Level5 will operate.
II. SCOPE OF SERVICES
Level5 will deliver services using its Four Wins Framework across the full lifecycle of each capital project. Services will
be structured through phased task orders:
Task Order 1 -Win 1: Strategic Capital Planning & Governance : Covers' all facilities identified in the Gensler -led
Master Facilities Study and any additional facilities designated by the County. Includes programming, site selection,
conceptual design, governance strategy, capital phasing, and funding alignment.
As projects become < eearly defined, they will transition into individual stand-alone task orders for the following phases.
Win 2 - Design, Procurement & Early Risk Management
Win 3 - Construction Risk Management & Transition to Occupancy
Win 4 - Operations, Performance & Optimization
Each future task order will be scoped and priced individually and submitted to the Board of County Commissioners for
review and approval.
III. DELIVERY MODEL
All services will be delivered through a monthly lump -sure retainer model, providing flexibility, budget predictability,
and continuity. Each task order will include a defined scope ot services, time horizon, and compensation structure.
Level5 staff will track time hourly against the monthly retainer to support transparency and resource alignment.
IV. COMPENSATION STRUCTURE
Task Order 1 (Win 1) will be billed at a monthly retainer of $94,208, aligned with Weld County's overall Capital
Improvement Plan portfolio and initial program support requirements.
• This rate includes embedded staff, executive leadership, and subject matter experts
• The retainer will be reviewed biannually and may be adjusted based on the level of service required and County
priorities
Future task orders for Wins 2, 3, and 4 will be scoped and priced individually based on each project's size, phase, and
complexity, and submitted to the Board of County Commissioners for review and approval.
Level5 collaborative 3
V. SPECIAL TERMS
All subcontracted services will require County review and written approval prior to engagement.
Level5 may engage subject matter experts or subconsultants to provide specialized services that complement its
core team. When these; services are contracted racted through Level5, a flat 20% management and integration fee will be
applied to cover administrative coordination, quality assurance, financial management, and risk oversight.
Level5's staff time will be tracked and charged hourly against the monthly retainer, with activity summaries available
upon request to ensure transparency and alignment with County priorities.
Level5 may propose optional deferred milestone compensation when project outcomes extend beyond the
original scope or contribute added value to the County. These incentives are separate from base fees and will be
scoped collaboratively and submitted for formal review and approval by the Board of County Commissioners.
• This a )ro., ens., tians ai ene )rotec' IbIIC fiduciary res onsibilitie_s: and tie �.ompens ltlorl
appro., �� 1,F ��pc p
measurable public value.
• The phased task order ,node ai!ows the County to retain control, ensure alignment, and manage cost clarity at each
stage of delivery.
• Payment terms are Net "15 from, the date of invoice.
VI. REFERENCE DOCUMENTS
For additional detail on approach, scope, and methodology, please refer to the Weld County Capitai Projects
Partnership Proposal dated May 12, 2025, as submitted by Level5.
Level5 collaborative 4
Exhibit B.
HOURLY
RATES
Weld County Capital Improvements Program
Contract Labor Rate Schedule
Labor Rates
Reimbursement for Level5 salaried personnel and subconsultants while engaged in the Work, whether on site or
off -site, shall be at the following billable rates:
Executive Leadership
Hourly Rate
President & CEO
$435.00
Vice President
$375.00
Project Executive
$310.00
Project Management
Hourly Rate
Project Director
$275.00
Senior Project Manager
Cost Control Manager
$245.00
$200.00
Project Manager
Cost Control Specialist
Assistant Project Manager
Project Coordinator
Field Supervision
General Superintendent
Senior Superintendent
Superintendent
Assistant Superintendent
Preconstruction & Design Management
$190.00
$170.00
$160.00
$135.00
Hourly Rate
$280.00
$250.00
$200.00
$170.00
Hourly Rate
Preconstruction Director
$285.00
Design Manager
Preconstruction Manager
$275.00
$255.00
Senior Estimator
$225.00
Estimator
$205.00
Development Services
Development Director
Development Manager
Entitlements & Planning Manager
Financial Analyst
Development Associate
Marketing & Communications
Marketing Manager
Proposal Manager
Marketing Specialist
Proposal Specialist
Photography / Videography
Subject M atter Experts & M isc. Consultants*
Subject Matter Expert, Project Financing
Subject Matter Expert, Facilities Management, Operations, and Maintenance
Subject Matter Expert, Public -Private Partnership (P3) Advisory
Subject Matter Expert, Design -Build Management
Subject Matter Expert, Cost Consultant
Subject Matter Expert, MEPT Systems
Hourly Rate
$275.00
$245.00
$220.00
$180.00
$160.00
Hourly Rate
$260.00
$260.00
$165.00
$145.00
$285.00
Hourly Rate
$415.00
$400.00
$400.00
$325.00
$325.00
$325.00
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Weld County Capital Improvements Program
Contract Labor Rate Schedule
Support Staff
Legal
Sustainability Manager
QA/QC Manager
Scheduling Manager
Contract Administrator
Hourly Rate
$550.00
$325.00
$275.00
$250.00
$150.00
Project Accountant
Administrative Support
$135.00
$120.00
*additional consultants not listed may be utilized on a case -by -case as needed with mutual approval
All rates are subject_ to an annual adjustment, to be mutually abr red upbrl, to reflect changes in labor costs, market
conditions, or cost-ot-living adjustments. Any proposed adjustments will be submitted in writing no less than 30 days
prior to the effective date and require approval by the County.
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a
Exhibit B.
HOURLY
RATES
Weld County Capital Improvements Program
Contract Labor Rate Schedule
Labor Rates
Reimbursement for Level5 salaried personnel and subconsultants while engaged in the Work, whether on site or
off -site, shall be at the following billable rates:
Executive Leadership
Hourly Rate
President & CEO
$435.00
Vice President
$375.00
Project Executive
$310.00
Project Management
Hourly Rate
Project Director
$275.00
Senior Project Manager
Cost Control Manager
Project Manager
Cost Control Specialist
Assistant Project Manager
Project Coordinator
Field Supervision
General Superintendent
Senior Superintendent
Superintendent
Assistant Superintendent
Preconstruction & Design Management
$245.00
$200.00
$190.00
$170.00
$160.00
$135.00
Hourly Rate
$280.00
$250.00
$200.00
$170.00
Hourly Rate
Preconstruction Director
$285.00
Design Manager
Preconstruction Manager
$275.00
$255.00
Senior Estimator
$225.00
Estimator
$205.00
Development Services
Development Director
Development Manager
Entitlements & Planning Manager
Financial Analyst
Development Associate
Marketing & Communications
Marketing Manager
Proposal Manager
Marketing Specialist
Proposal Specialist
Photography / Videography
Subject M atter Experts & M isc. Consultants*
Subject Matter Expert, Project Financing
Subject Matter Expert, Facilities Management, Operations, and Maintenance
Subject Matter Expert, Public -Private Partnership (P3) Advisory
Subject Matter Expert, Design -Build Management
Subject Matter Expert, Cost Consultant
Subject Matter Expert, MEPT Systems
Hourly Rate
$275.00
$245.00
$220.00
$180.00
$160.00
Hourly Rate
$260.00
$260.00
$165.00
$145.00
$285.00
Hourly Rate
$415.00
$400.00
$400.00
$325.00
$325.00
$325.00
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Level5 collaborative
0
Weld County Capital Improvements Program
Contract Labor Rate Schedule
Support Staff
Legal
Sustainability Manager
QA/QC Manager
Scheduling Manager
Contract Administrator
Hourly Rate
$550.00
$325.00
$275.00
$250.00
$150.00
Project Accountant
Administrative Support
$135.00
$120.00
*additional consultants not listed may be utilized on a case -by -case as needed with mutual approval
All rates are subject to an annual adjustment, to be mutually agreed upon, to reflect changes in labor costs, market
conditions, or cost -of -living adjustments. Any proposed adjustments will be submitted in writing no less than 30 days
prior to the effective date and require approval by the County.
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