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Home My WebLink About780976.tiff RESOLUTION RE: APPROVAL OF AGREEMENT FOR SOIL TESTING AND PAVEMENT DESIGN BETWEEN WELD COUNTY, COLORADO AND C.E. MAGUIRE, INC. AND AUTHORIZATION FOR CHAIRMAN TO SIGN SAME. 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, an agreement for soil testing and pavement design between Weld County, Colorado and C.E. Maguire, Inc. has been presented to the Board of County Commissioners of Weld County, Colorado, said agreement being attached hereto and incorporated herein by reference at this point, and WHEREAS, said services shall be performed on, but not limited to the following roads: Road 120 & 87 Fran Groves 5' miles West Road 90 From Purcell 4 miles Fact Road 74 2 miles Between Eaton and Galeton with locations tote determined on site WHEREAS, remuneration for said services shall not exceed the total sum of Three Thousand Seven Hundred Twenty-Two and no/100 Dollars ($3, 722. 00) without the prior written authorization of Weld County, Colorado, and WHEREAS, said services shall commence upon the verbal request of Weld County, Colorado on the areas designated by Weld County, Colorado and shall be completed within three (3) weeks for each designated area, and WHEREAS, the Board of County Commissioners of Weld County, Colorado deems it in the best interests of Weld County, Colorado to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement for soil testing and pavement design between Weld County, Colorado and C.E. Maguire, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by said Board that the Chairman of the Board of County Commissioners of Weld County, Colorado be, and hereby is, authorized to sign said agreement. f 780976 r.; k'1& ; drEd o riA :, The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of September, A.D. , 1978 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO � z (K ` }irt.�� (4 . Q.%,in4�t- ' - ATTEST: tj Weld County Clerk and Recorder Clerk to the Bo/a \ ByL Aa- tA. (\JL (fa Deputy County lerk A R ED AS TO F County Attorney Date Presented: September 25, 1978 • AGREEMENT FOR PROFESSIONAL SERVICES 1 HIS AGREEMENT, made this 20th day of September 1978 , by and between WELD COUNTY, COLORADO •hereinafter called the Client, and GE MAG1)1RE, INC., hereinafter called the Consultant, collectively referred to as the I . rtms, 1 The services to be performed hereunder are incidental to the. following PROJECT: SOIL TESTING AND PAVEMENT DESIGN ON, BUT NOT LIMITED TO THE FOLLOWING ROADS: Road 120 ft 87 From Grover 5-1/2 Miles West Road 90 From Purcell 4 Miles East Road 74 2 Miles Between Eaton and Galeton with Locations to be Determined on Site r, WITNESSETH: That for and in consideration of the mutual covenants and agreements hereinafter contained, the Patties hereto have mutually agreed and On agree as follows: ARTICLE I. SERVICES BY THE CONSULTANT — The Consultant agrees to perform all services, hereunder, using reasonable skill and judgment in accordance with sound business and professional standards. He agrees to keep the Client thoroughly informed of his progress through periodic reports, and to maintain accurate records relating to his services in connection with this project. Yli The Consultant agrees to provide,directly or by association with such other Consultants or Contractors as it may deem necessary to further the interest of the Client, the following basic services: 1.1 • 1 . FIELD SOILS TNVES, TGATION liri�`lirlg and sampiinq with a 4-inch power auger at intervals of approximately 1 ,000 feet with frequency increasing with variations in soil characteristics. 2. LABORATORY TESTING • Gradii'tioi 7 iechanical Analysis, Atterherg Limits , Moisture-Density Relation- ship, Soil Classification and California Bearing Ratios are included in the • basic requirements for preparation for thickness design of flexible pavements. • 3. PAVEMENT THICKNESS DESIGN • • The consultant will arrive at a total thickness of surface course, base and sub-base required for each road designated from the traffic counts to be supplied by the client. In addition, the client agrees to supply the structural member graphs necessary to complete the thickness design. • -1- --I ARTICLE 2. ADDITIONAL OR SPECIAL SERVICES —The following additional or special services, which are outside the scope of I acie services as above described, shall he performed by the Consultant upon authorization from the Client and paid for as hereinafter provided: 2.1 The consultant is prepared to provide the following additional services upon request: 1 . Alignment Surveys and Design 2. Drainage Structure Designs 3. Plan and Profile Drawings 4. Field Inspection and/or Quality Control • •• -2- mom nv7 ARTICLE 3. RESPONSI0ILITI ES OF THE CLIENT 3.1 The Client shall provide and mare available to the Consultant, Sol his use, all males, property descriptions, surveys, previous reports, histor ic.al data, and ether information within its I.novaledge and possession relative to the services to he furnished hereunder, and shall provide full piogw amrning wringcments. Hata so furnished to the Consultant shall remain the property of the Client and will he returned upon completion of its sei vices. 3.2 The Client shall designate a representative who shall be fully acquainted with the Project and who has authority to render decisions relative to the Consultant's services as necessary for the ordeily progress of the work. The rep! 'tentative shall be responsible for receiving and processing all information and documentation relative to the project in behalf of the Client. 3.3 The Client shall establish and maintain procedures for receiving, reviewing, recording, and acting on all information, documentation, payments, and acceptances of work and services relative to this project in an expeditious and proper manner. 3.4 The Client shall guarantee access and make provisions for the Consultant to enter upon public and private properties as required for the Consultant to per form its services hereunder. ARTICLE 4. TIME OF PERFORMANCE — The services to be provided under this Agreement shall, unless otherwise provided, be commenced upon execution of this Agreement and he performed in general accordance with the following schedule: Services will begin upon verbal request of the client on the areas that he designates. The consultant agrees to complete basic services for each designated area within three (3) weeks. • _3_ MOW 0477 ARTICLE 5. REMUNERATION F-OR SERVICES — The Client agrees to compensate the Consultant in accordance with the following schedule,and the Terms and Conditions of this Agreement: 6.1 For Basic Services as described in Al tide 1, remuneration shall be made on the following basis: Drilling and Sampling $3/vertical ft. Mobilization $125/trip Field Technician $18/hr. Sieve Analysis $20/ea, Atterberg Limits $15/ea. CBR & Proctor Curve $100/ea. Pavement Design $27/hr. Remuneration for Basic Services shall not exceed the total sum of $3 , 722. 00 without the prior written authorization of client. • 5.2 For additional or Special Services as described in Article 2, remuneration shall be made on the following basis: A. LABOR • All labor reasonably and necessarily expended by employees of the Consultant in connection with the project will be billed at direct personnel cost (including regular hourly wage and average payroll taxes, insurance and employer contributions to fringe benefits) times a multiplier of 2.20. B. EXPENSES Vehicles (owned or on long-term lease by Consultant) $ 0.18 Per Mile Meals and lodging per diem (per person) $35.00 Per Day Meals only (if lodging unnecessary) + Commercial carrier travel , car rental , parking + Long distance telephone expense + Equipment rentals or expendable purchase Materials consumed in project Outside consultants or contractors * Other miscellaneous project expenses Laboratory materials testing ** Computer services ** Reproduction and photo lab services ** +Actual Reasonable Cost *Actual reasonable cost plus 10 percent handling charge **Consultant's standard charge rates (available upon request) P effl 0.177 • 6.4 An initial payment of DOLLARS (3 —0— shall be nude upon execution of this Agreement and credited to the Client's account. 5.5 Unless otherwise provided herein, all payments for Basic, Additional or Special Services and for Reimbursable Expenses shall be made monthly in proportion to services performed and shall be due and payable at the Consul- tant's office at the address hereinafter designated upon presentation by the. Consultant in accordance with this Agreement. Payments not mode within 30 days of the billing date shall hear interest at the rate of 1.1/2% per month which is an annual int nest rate of 18%. 5.6 No deductions shall be made, nor any amounts retained from the Consultant's compensation on account of delays, penalties, liquidated damages, or other sums withheld from payment to Contractors. 5.7 If Direct Personnel Cost times a Multiplier is to he used as the basis for determining remuneration hereunder, the following definitions shall apply, unless otherwise provided herein: 1. Direct Personnel Cost shall include the wages or salaries of the employees of the Consultant who perform direct services as required hereunder in connection with the Project, plus avenge payroll additives, based upon regular hourly rates charged at the actual number of hours for which time is expended. 2. The Multiplier will include general and administrative expense and profit of the Consultant. G:trftsaajw Construction Cost is to he used as the Basis for determining remuneration hereunder, it shall be dejissed' as the oi.ul'Y 7<Ira,8the Owner of all construction designed or specified by the Consultant. 'br'erif furnished directly by the Client, its centraclg[c, or others, at fair market rates including ihe,.,,- , con- struction management of co struction and a reasonable allowance for oaittfrecsi..and profit. ConsilrcM crcost shall be determined as follows with precedence in the order listed: 1. For completed construction...the-a, ue to the Owner of all work performed. 2. For work d e. •C specified but not constructed, the losves' bona fide hid received from qu`aniTred- birUthx< /'3'`Otherwiso, the Consultant's latest cost estimate. ARTICLE 6. DELAYS — If the Consultant is delayed at any time in the pravess of work by any act or neglect of the Client or its agents, employees or contractors, or by changes in the work, or by labor disputes, unavoidable mat- erial delivery delays, fire, unavoidable casualties, or by any causes beyond the Consultant's control, the time schedule shall be extended for a reasonable length of time, and the remuneration schedule shall be subject to renegotiation for increased expenses due to escalation of prices, extended services, relocation or other expenses incidental to such delays. ARTICLE 7. OWNERSHIP OF DOCUMENTS — All drawings, specifications, reports, records, and other work product developed by the. Consultant in connection with this project are instruments of service for this project only and shall remain the intellectual property of the Consultant whether the project is completed or not. The Consultant shall furnish originals or copies of such work product to the Client in accordance with the services required here- under. Reuse of any of the work product of the Consultant by the Client on extension of this project or on any other project without the written permission of the Consultant shall be at the Client's risk and the Client agrees to defend, indemnify and hold harmless the Consultant from all claims, damages and expenses including attorneys fees arising out of such unauthorized reuse by the Client or by others acting through the Client. Any reuse or adaptation of the Consultant's work product shall entitle the Consultant to further equitable compensation. —5_ ARTICLE I1. INSURANCE. — The, Consultant shall purchase and maintain insurance m protect himself from claims under wor Uteri's compensation acts; claims for damages because of bodily injury including personal injury, sick- ness or disease, or death of any of his employees or of any person other than his employees;and from claims for damages becauoc of injury to or destruction of tangible property including loss of use resulting therefrom. ARTICLE 9. TERMINATION 9.1 Either party may terminate this Agreement upon seven days' written notice should the project he unreasonably delayed or should the other party be unable or fail substantially to perform in accordance with its terms through no fault of the party initiating termination. In the event of such termination, the Consultant shall be paid for services performed prior to receipt of said Notice of Termination including reimbursable expenses then incurred. 9.2 If the remuneration scheduled hereunder is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the Conscltant. Other- wise, remuneration shall be bared upon the applicable unit charges or costs as specified herein or, if not so speci- fied, then upon the Consultant's direct personnel costs times a multiple of 2.3 plus Reimbursable Expenses. 9.3 If termination is not due to the fault of the Consultant, the Consultant shall, in addition to remuneration for services performed hereunder prior to such termination, and Reimbursable Expenses, he entitled to an additional amount computed as ten percent of the total remuneration then due, for scheduling and assignment readjust- ments and related costs incurred due to termination, ARTICLE 10. DISPUTES — As a condition precedent to the right to bring any action in court pertaining to any claim, dispute or other matter in question between the parties to this Agreement, arising out of, or relating to this Agreement or the breach thereof, the party having such claim or dispute shall first make a written offer to the other party to arbitrate the questionls) in accordance with the Construction Industry Arbitration Rules of the American Atbitratir n Association then obtaining. If within ten days after receipt of said offer, the party to whom the offer is made does not affirmatively agree in writing to such arbitration, then the claiming party shall have no obligation to arbitrate and may pursue other remedies fog relief. ARTICLE 11. GOVERNING LAW— finless otherwise agreed in writing, thi- Agreement and the interpretation thereof shall be governed by the I ivy in effect at the location of the offices of the Consultant as hereinafter designated. ARTICLE 12. SUCCESSORS AND ASSIGNS — The Client and the Consultant each hinds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, succes- sors, executors, administrators and assigns of such other party with respect to all convenants of this Agreement. Neither party shall assign or transfer his interest in this Agreement without the written consent of the other. ARTICLE 13. EXTENT OF AGREEMENT— This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations and representations. Nothing herein shall be deemed to create any contractual relationship between the Consultant and any other Consultant or contractor or material supplier on the project, nor to furnish any notices required under other such contracts, nor shall anything herein be deemed to give anyone not a party to this Agreement any right of action against a party which does not otherwise exist without regard to this Agreement. ARTICLE 14. NOTICES — All notices and instructions given by either party to the other shall be in writing, and shall be deemed to b^ properly served if delivered to the address of record shown below, or if deposited in the United States Mail properly stamped with the required postage and addressed to such par ty at the address shown below, The date of service of a notice sent by mail shall be deemed to be the day following the date on which said notice is so deposited. Either party hereto shall have the right to change its address by giving the other party written notice thereof. • • -6- 1/4 ACKNOWLEDGEMENT OF COMPLETE AGREEMENT: This Agreement includes this and the preceding pages consecutively numbers 1 through 7 and the attachments thereto, identified as: NONE IN WITNESS WHEREOF, the parties hereto have executed this Agree- ment the day and year first written above. CLIENT: CONSULTANT: Board of County Commissioners C-E MAGUIRE, INC. WELD COUNTY, COLORADO By ,� a/ By till/ gi:2)1 Title : Chairman of the Board of Title Principal Weld County Commissioners Address: 915 10th Street Address 2O21 Clubhouse Drive Greeley, Colorado 80631 Greeley, Colorado 80631 -7- Hello