HomeMy WebLinkAbout20191159.tiff/(0 d6otaLa
BOARD OF COUNTY COMMISSIONERS
ERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Mersino Dewatering Inc. Agreement for WCRI 3/34 Intersection Project
DEPARTMENT: Public Works
PERSON REQUESTING: Don Dunker and Michael Bedell
Brief description of the problem/issues
DATE: April 1, 2019
The WCR.13/34 Intersection Improvements Project requires dewatering design and construction services to
assist County crews with the installation of a precast concrete box culvert. The location for the box culvert is in
a wet swampy area with a high groundwater table, which is within one to two feet of the ground surface. The
proposed dewatering services are intended to dry out the construction area and draw the groundwater table
down to a couple feet below the excavation elevations. Public Works staff believe these services are necessary
to complete the box culvert installation in a timely and safe manner, and County crews do not possess the
expertise and specialized equipment required. This vendor is well -qualified to perform this specialized work.
The attached Agreement and associated exhibits have been reviewed by the vendor and the County Attorney's
Office. The proposed not -to -exceed cost of the proposed dewatering design and construction services is
$406,020.00. This cost may underrun, depending on the associated soils and groundwater investigation, which
will dictate the construction methods to be utilized. There will be a separate Notice to Proceed for the Design
Phase and the Construction Phase as described in. Section 3 of the Agreement.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Allow the attached Agreement to be placed on the next available BOCC agenda for signature.
Request a work session to discuss.
Recommendation:
Staff recommends approval of the Agreement as written. If approved by the BOCC this work is scheduled to
take place mid -April through mid -July 2019.
Sean P. Conway
Mike Freeman, Pro -Tern
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve
Schedule
Recommendation Work Session
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Other/Comments:
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T�O074
WELD COUNTY AGREEMENT FOR DESIGN AND CONSTRUCTION SERVICES
BETWEEN WELD COUNTY AND MERSIN° DEWATERING INC.
WCR 13/34 Intersection Improvements Project
THIS AGREEMENT is made and entered into this GR'dayof-�/ 2019, by
and between the County of Weld, a body corporate and politic of the State of Co orado, by and through its
Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter
referred to as "County," and Mersino Dewatering Incorporated, 10162 E. Coldwater Road, Davison, MI
48423, hereinafter referred to as "Contractor".
WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the
improvements of the WCR13/34 Intersection, and
WHEREAS, County requires an independent contracted design and construction professional to
perform the dewatering services required by County as set forth in Exhibit A;
WHEREAS, Contractor is willing to perform and has the specific ability to perform the required
dewatering services at or below the cost set forth in Exhibit B;
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time,
skill, expertise, and experience necessary to provide the equipment, materials and services as set forth
below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in Exhibits A
and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically
incorporated herein by this reference. County and Contractor acknowledge and agree that this
Agreement, including specifically Exhibits A and B, define the performance obligations of
Contractor and Contractor's willingness and ability to meet those requirements.
Exhibit A consists of County's Request for Proposals (RFP) as set forth in "Bid Package No.
RFP B1900063". The RFP contains the specific requirements of the County.
Exhibit B consists of Contractor's Response to County's Request for Proposals. The Response
confirms Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the Project described in Exhibit A. Contractor shall
coordinate with the Public Works Director or other designated supervisory personnel to perform
the services described on attached Exhibits A and B. Contractor shall faithfully perform the work
in accordance with the standards of professional care, skill, training, diligence and judgement
provided by highly competent Contractors performing design and construction services of a
similar nature to those described in this Agreement. Contractor shall further be responsible for the
timely completion, and acknowledges that a failure to comply with the standards and
requirements of Exhibits A and B within the time limits prescribed by County may result in
County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the
County, by the Public Works Director or his or her designee, may extend the time for the
Contractor to complete the service or work, by not more than thirty (30) days. Such extension
shall not increase the compensation to the Contractor nor change any other term herein.
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3. Term and Notice to Proceed. The term of this Agreement begins upon the date of the
execution of this Agreement by County, and shall continue through and until Contractor's
completion of the responsibilities described in Exhibits A and B. Both parties to this Agreement
understand and agree that the laws of the State of Colorado prohibit County from entering into
Agreements which bind County for periods longer than one year. Therefore, within the thirty (30)
days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes
to renew this Contract.
Issuance of Notice to Proceed `I (D sign Phase): The Contractor shall begin design of the
dewatering system upon execution of this Agreement by County. The final design shall be
reviewed and approved by the County, witn all review comments being addressed. The design
phase shall be completed within 30 calendar days of the execution of this Agreement, unless
otherwise approved in writing by the County. The cost for the design phase shall not exceed the
amount included in the original Proposal (Exhibit B). Based on the final design, the County will
decide if Notice to Proceed 2 (Construction Phase) will be issued, and a determination on what
construction methods to utilize to not exceed the original Proposal (Exhibit B).
Issuance of Notice to Proceed 2 (Construction Phase): The Contractor shall begin
construction/operation of the dewatering system upon issuance of Notice to Proceed 2 by the
County, and complete the work within 60 calendar days, unless otherwise approved in writing by
the County. Construction shall be per the approved design plans, unless otherwise approved in
writing by the County. The cost for construction/operation shall not exceed the original Proposal
(Exhibit B), except those which may be allowed as described in Section 5 of this Agreement. The
cost for construction/operation may underrun the maximum cost allowed in this Agreement,
based on a less costly construction method (scenario) being approved by the County, as
described in the original Proposal (Exhibit B).
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty
(30) days written notice. Furthermore, this Agreement may be terminated at any time without
notice upon a material breach of the terms of the Agreement. However, nothing herein shall be
construed as giving Contractor the right to provide materials (or services) under this Agreement
beyond the time when such materials (or services) become unsatisfactory to the County.
If this Agreement is terminated by County, Contractor shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has
submitted and which have been approved by the County; (2) the reasonable value to County of
the materials which Contractor provided prior to the date of the termination notice, but which had
not yet been approved for payment; and (3) the cost of any work which the County approves in
writing which it determines is needed to accomplish an orderly termination of the work. County
shall be entitled to the use of all material generated pursuant to this Agreement upon termination_
Upon termination, County shall take possession of all materials, equipment, tools and facilities
owned by County that the Contractor is using, by whatever method it deems expedient; and,
Contractor shall deliver to County all drawings, drafts or other documents it has completed or
partially completed under this Agreement, together with all other items, materials and documents
which have been paid for by County, and these items, materials and documents shall be the
property of County. Copies of work product incomplete at the time of termination shall be marked
"DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by such termination or by any act incidental thereto, except for
compensation for work satisfactorily performed and/or materials described herein properly
delivered.
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5. Extension or Modification. Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by Contractor shall be
the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services. Accordingly, no
claim that the County has been unjustly enriched by any additional services, whether there is in
fact any such unjust enrichment, shall be the basis of any increase in the compensation payable
hereunder.
Compensation/Contract Amount. Upon Contractor's successful completion of the
construction of the Project, and County's acceptance of the same, County agrees to pay an
amount no greater than $406,020.00, which is the maximum bid amount set forth in Exhibit B.
Contractor acknowledges no payment in excess of that amount will be made by County unless a
"change order" authorizing such additional payment has been specifically approved by the Public
Works Director, or by formal resolution of the Weld County Board of County Commissioners, as
required pursuant to the Weld County Code. Per Bidding Addendum #1 (Exhibit A) this total
contract amount includes a $10,000.00 line item associated with the design phase labeled "force
account — other professional services", and a $20,000.00 line item associated with the
construction phase labeled "force account — minor contract revisions", to account for unforeseen
items which may occur during this work. Any other provision of this Agreement notwithstanding,
in no event shall County be liable for payment for services rendered and expenses incurred by
Contractor under the terms of this Agreement for any amount more than the sum of the bid
amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that
specifically authorized by County is performed at Contractor's risk and without authorization
under this Agreement. County shall not be liable for the payment of taxes, late charges or
penalties of any nature other than the compensation stated herein.
County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor
agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after December 31 of any year, without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with
Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
29-1-101 et, seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20)
Independent Contractor. Contractor agrees that it is an independent Contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to
any employee benefits from County because of the execution of this Agreement. Contractor shall
perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible
for its acts and those of its agents and employees for all acts performed pursuant to this
Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or
workers' compensation benefits through County and County shall not pay for or otherwise provide
such coverage for Contractor or any of its agents or employees. Contractor shall pay when due
all applicable employment taxes and income taxes and local head taxes (if applicable) incurred
pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind
County to any agreement, liability or understanding, except as expressly set forth in this
Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the reputation and expertise of Contractor. Contractor shall not enter into any
subcontractor agreements for the completion of this Project without County's prior written
consent, which may be withheld in County's sole discretion_ County shall have the right in its
reasonable discretion to approve all personnel assigned to the subject Project during the
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performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Project. Contractor shall require each
subcontractor, as approved by County and to the extent of the Services to be performed by the
subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes
toward County. County shall have the right (but not the obligation) to enforce the provisions of this
Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such
process. The Contractor shall be responsible for the acts and omissions of its agents, employees
and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County, In addition,
all reports; data, plans, drawings, records and computer files generated by Contractor in relation
to this Agreement and all reports, test results and all other tangible materials obtained and/or
produced in connection with the performance of this Agreement, whether such materials are in
completed form, shall always 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.
10. Confidentiality. Confidential financial information of Contractor should be transmitted separately
from the main bid submittal, clearly denoting in red on the financial information at the top the
word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County
must comply with the provisions of C,R.S. 24-72-201, et seq., about public records, and cannot
guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of
County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any
such confidential information to any other person or entity without seeking written permission from
the County. Contractor agrees to advise its employees, agents, and consultants, of the
confidential and proprietary nature of this confidential information and of the restrictions imposed
by this agreement.
11. Warranty. Contractor warrants that construction services performed under this Agreement will
be performed in a manner consistent with the professional construction standards governing such
services and the provisions of this Agreement. Contractor further represents and warrants that all
construction services shall be performed by qualified personnel in a professional and
workmanlike manner, consistent with industry standards, and that all construction services will
conform to applicable specifications.
12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to
County originals of all test results, reports, etc., generated during completion of this work.
Acceptance by County of reports, incidental material(s), and structures furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of
the construction of the project. In no event shall any action by County hereunder constitute or be
construed to be a waiver by County of any breach of this Agreement or default which may then
exist on the part of Contractor, and County's action or inaction when any such breach or default
shall exist shall not impair or prejudice any right or remedy available to County with respect to
such breach or default. No assent, expressed or implied, to any breach of any one or more
covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of
any other breach. Acceptance by the County of, or payment for, the construction completed under
this Agreement shall not be construed as a waiver of any of the County's rights under this
Agreement or under the law generally.
13. Insurance and Indemnification. Contractors/Contract Professionals must secure, at or before
the time of execution of any agreement or commencement of any work, the following insurance
covering all operations, goods or services provided pursuant to this request. Contractors/Contract
Professionals shall always keep the required insurance coverage in force during the term of the
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Agreement, or any extension thereof, and during any warranty period. The required insurance
shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best
Company as "A" VIII or better, Each policy shall contain a valid provision or endorsement stating
"Should any of the above -described policies by canceled or should any coverage be reduced
before the expiration date thereof, the issuing company shall send written notice to the Weld
County Director of General Services by certified mail, return receipt requested. Such written
notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-
payment of premiums for which notice shall be sent ten (10) days prior. If any policy is more than
a deductible or self -insured retention, County must be notified by the Contractor/Contract
Professional. Contractor/Contract Professional shall be responsible for the payment of any
deductible or self -insured retention. County reserves the right to require Contractor/Contract
Professional to provide a bond, at no cost to County, in the amount of the deductible or self -
insured retention to guarantee payment of claims.
The insurance coverage specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Contractor/Contract Professional. The
County in no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the work under this Contract
by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is
not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of
its failure to obtain or maintain insurance in enough amounts, duration, or types. Any modification
to these requirements must be made in writing by Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein. The
Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all
construction services provided, the timely delivery of said services, and the coordination of all
services rendered by the Contractor and shall, without additional compensation, promptly remedy
and correct any errors, omissions, or other deficiencies.
Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of any
type or character arising out of the work done in fulfillment of the terms of this Contract or on
account of any act, claim or amount arising or recovered under workers' compensation law or
arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law
or court decree. The Contractor shall be fully responsible and liable for any and all injuries or
damage received or sustained by any person, persons, or property on account of its performance
under this Agreement or its failure to comply with the provisions of the Agreement, or on account
of or in consequence of neglect of the Contractor in its construction methods or procedures; or in
its provisions of the materials required herein, or from any claims or amounts arising or recovered
under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph
shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible
for primary loss investigation, defense and judgment costs where this contract of indemnity
applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of
subrogation against the County its associated and/or affiliated entities, successors, or assigns, its
elected officials, trustees, employees, agents, and volunteers for losses arising from the work
performed by the Contractor for the County. A failure to comply with this provision shall result in
County's right to immediately terminate this Agreement.
Types of Insurance: The Contractor/Contract Professional shall obtain, and always maintain
during the term of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all the Contractor's Contract Professional's employees acting within the
course and scope of their employment. Policy shall contain a waiver of subrogation against the
County. This requirement shall not apply when a Contractor or subcontractor is exempt under
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Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver form.
Commercial General Liability Insurance shall include bodily injury, property damage, and liability
assumed under the contract., and the minimum limits must be as follows:
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000
for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles
operating both on County property and elsewhere, for vehicles owned, hired, and non -owned
vehicles used in the performance of this Contract.
Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to
provide a certificate of insurance, a policy, or other proof of insurance as required by the County's
Risk Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability,
liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County
as an additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive
subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors,
suppliers or other entities providing goods or services required by this Agreement shall be subject
to the requirements herein and shall procure and maintain the same coverage required of
Contractor/Contract Professional. Contractor/Contract Professional shall include all such
subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds
under its policies or shall ensure that all subcontractors maintain the required coverages.
Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors,
independent Contractors, sub -vendors suppliers or other entities upon request by the County.
14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County. Any attempts by Contractor to
assign or transfer its rights hereunder without such prior approval by County shall, at the option of
County, automatically terminate this Agreement and all rights of Contractor hereunder. Such
consent may be granted or denied at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that any duly
authorized representative of County, including the County Auditor, shall have access to and the
right to examine and audit any books, documents, papers and records of Contractor, involving all
matters and/or transactions related to this Agreement. The Contractor agrees to maintain these
documents for three years from the date of the last payment received.
16. 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.
17. Notices. County may designate, prior to commencement of work, its County Representative who
shall make, within the scope of his or her authority all necessary and proper decisions with
reference to the project. All requests for contract interpretations, change orders, and other
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clarification or instruction shall be directed to County Representative. The County Representative
for purposes of this Agreement is hereby identified as, Michael Bedell, Senior Engineer.
Notification Information:
County:
Contractor:
Attn.:
Address:
Address:
E-mail:
Name:
Position:
Address:
Address:
E-mail:
Mersino Dewatering Inc.
Tim Lupia
10162 E. Coldwater Road
Davison, MI 48423
tim. lupirrnersino. corn
Michael Bedell, P.E.
Senior Engineer
1111 H Street
Greeley, CO 80632
rnbedell@weldgov.com
18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use
other Contractors or persons to perform services of the same or similar nature.
20. Entir=e Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings 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.
21. Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest — CURS. §§24-18-2O1 et seq. and §24-50-
507. The signatories to this Agreement agree that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement. County has no interest and shall not acquire any interest direct
or indirect, that would in any manner or degree interfere with the performance of Contractor's
services and Contractor shall not employ any person having such known interests. During the
term of this Agreement, Contractor shall not engage in any in any business or personal activities
or practices or maintain any relationships which conflict with or in any way appear to conflict with
the full performance of its obligations under this Agreement. Failure by Contractor to ensure
compliance with this provision may result, in County's sole discretion, in immediate termination of
this Agreement. 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.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
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enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
24. Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
25. 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.
26. Board of County Commissioners of Weld County Approval. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County, Colorado
or its designee.
27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor
agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said
dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under this
contract. Contractor will confirm the employment eligibility of all employees who are newly hired
for employment in the United States to perform work under this Agreement, through participation
in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-
102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement or enter into a contract with a subcontractor that fails to certify with
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement. Contractor shall not use E -Verify Program or State of
Colorado program procedures to undertake pre -employment screening or job applicants while
this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly employs or contracts with an
illegal alien Contractor shall notify the subcontractor and County within three (3) days that
Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal
alien and shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not
terminate the contract if within three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall
comply with reasonable requests made during an investigation, undertaken pursuant to C.R.S.
§8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates
in the State of Colorado program, Contractor shall, within twenty days after hiring a new
employee to perform work under the contract, affirm that Contractor has examined the legal work
status of such employee, retained file copies of the documents, and not altered or falsified the
identification documents for such employees. Contractor shall deliver to County, a written
notarized affirmation that it has examined the legal work status of such employee and shall
comply with all the other requirements of the State of Colorado program. If Contractor fails to
comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may
terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages.
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Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United
States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided
under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under
penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the
United States pursuant to federal law, (b) shall produce one of the forms of identification required
by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required
by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
29. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado
Department of Transportation "Standard Specifications for Road and Bridge Construction" and
the Colorado Department of Transportation Standard Plans "M & S Standards" establish the
requirements for all work performed by Contractor under this Agreement, and Contractor agrees
to meet or exceed all standards set by these publications. Contractor further acknowledger and
agrees that a failure to meet the standards set by these publications may result in withholding by
County of some or all the Contract Amount.
30. Compliance with Federal -Aid Construction Contracts and Davis -Bacon Wage Rates. N/A.
31. Attorney Fees/Legal Costs. In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this
Agreement, with the attached Exhibit A and Exhibit B, is the complete and exclusive statement of
agreement between the parties and supersedes all proposals or prior agreements, oral or written,
and other communications between the parties relating to the subject matter in this Agreement.
9
SIGNATURE PACE
1
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N WITNESS WHE ,EOF, the parties hereto have signed this Agreement this
CONTRACTOR:
Title:
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WELD COUNTY:
A'F1'ES' to
Weld County Clerk to the Board
BY
Deputy Clef o the
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Date, / ®
BOARD OF COUNTY COMMISSIONERS
lE,I...0 COUNTY, COLO" ADO
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Barbara Kirkmeyer, hair
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RFP #61900063
Request for Proposals
IMII
• i�EWTERING DESIGN AND CONSTRUCTION SERVICES FCC
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I. Purpose
Weld County is requesting proposals for dewatering designs and construction services required to
assist the County during installation of a precast concrete box culvert at the WCR13/34 intersection.
This road/bridge construction project is scheduled to take place during the summer of 2019. As part
of the proposal, please include a cost/fee estimate for these proposed services.
I!. General Project Description
The project is located approximately two miles east of the Town of Mead. At this location County
road/bridge crews will be removing two existing bridges, constructing a precast concrete box culvert,
and constructing roadway improvements. Attached to this RFP is a general location map and a
plan/profile of the precast concrete box culvert design. During construction of the precast concrete
box culvert and roadway improvements this area will be closed to traffic.
III. Scope of Services
Design Services:
The design services will consist of developing dewatering, plans generally including a geotechnical
investigation, utilities impact investigation, environmental impact investigation, and detailed design of
a suitable dewatering systems The County envisions a well -point dewatering system tied into a
header pipe and a pump running continuously, however other system types may be proposed. The
dewatering system shall be capable of lowering the water table in the construction zone to at least two
feet below the lowest excavation point, which corresponds to an elevation of 4858 on the concrete
box culvert design plans. The dewatering system shall be installed and maintained by the vendor for
the duration of the associated precast concrete box culvert construction. It is estimated this period of
dewatering will be approximately 60 days. The design services shall include any permitting
requirements from the State of Colorado.
At the preliminary design level, the vendor will provide plans for the proposed dewatering system.
The vendor shall submit a preliminary design report to the County describing in detail their dewatering
system for review/approval prior to proceeding to final design. After review, a project meeting will be
conducted with County staff, to ensure any questions and concerns have been addressed prior to
proceeding to final design. A site visit will also be conducted at this time with the vendor and County
staff.
At the final design level, the vendor will be required to provide detailed design plans for all aspects of
the dewatering system. These aspects include but are not necessarily limited to system layout,
general notes, summary of quantities, and permitting requirements. The final plans shall be stamped
and signed by a Professional Engineer registered in the State of Colorado. A project meeting will then
be conducted with County staff, prior to proceeding to construction.
1
Construction Services:
The construction services will consist of implementation of the dewatering system, as well as
operating and maintaining the system for an estimated period of 60 days. During this period the
County will be performing excavation, installation of the concrete box culvert, and backfill activities.
After construction of the concrete box culvert has been completed, the vendor shall remove the
dewatering system. The vendor will be responsible for monitoring of the dewatering system as
necessary to provide continuous operation. . .. '
Project Schedule (Anticipated)
• Pre -proposal Meeting (Mandatory) March 5, 2019 (10:00 AM)
• Proposals Due at Purchasing March 19, 2019 (10:00 AM)
• Estimated Contract Award --- April 8, 2019
• Dewatering System Design -------------------------- April and May 2019
• Dewatering System Construction/Operation June and July 2019
A (mandatory) pre -proposal meeting for vendors interested in submitting a proposal will be held
on March 5, 2019 (10:00 AM) at the Weld County Public Works Conference Room, located at
1111 H Street, Greeley, Colorado.
IV. Instructions to Vendors
A. Submittal Requirements
Qualified vendors interested in performing the work described in this request for proposals
should submit the following information to the County in any order they choose.
1. Qualifications of your firm and staff proposed to perform the work on this project.
2. A list of similar projects completed in the last five years.
3. Provide a scope of work for the proposed design and construction and list of associated
work items required to complete the work.
4. References from at least three other projects with similar requirements that have involved
the staff proposed to work on this project. As part of the reference check process, the
County may choose to visit one or more of the listed projects and/or request a copy of the
plans and documentation completed.
5. A statement of the vendor's willingness to enter into the Weld County Standard Contract
Agreement included as part of the RFP.
6. Limit the total length of your proposal to a maximum of 15 pages (excluding covers), and
7. Submit a total of five (5) copies of your proposal, and one electronic copy (PDF) on a disk.
Proposals will be received at the Office of the Weld County Purchasing Department in the
Weld County Administrative Building, 1150 O Street Room #107 Greeley, CO 80631 until:
10:00 a.m. Tuesday, March 19, 2019 (Weld County Purchasing Time Clock).
B. Contacts
Questions related to the submittal requirements and procedures should be directed to:
Michael Bedell, Senior Engineer, (970-4000-3706), mbedell[c�weldgov.com or
Don Dunker, County Engineer, (970-4000-3749), ddunker@weldgov.com
2
111. 41111M 1111.011,MMININ
PART 2. 'SELECTION. PROCESS
V. Selection Criteria and Method
The Weld County Purchasing Professional Services Selection (Best Value) process describes the vendor
selection criteria and method. This document is available for review in the Weld County Code, Revenue and
Finance, Chapter 5, online at www.co.weld.co.us.!Weld County Code Section 5-4-150 C.] A selection
committee shall include Weld County Public Works representatives.
Selection Criteria (Best Value)
Review and Assessment
Vendors will be evaluated on the following criteria. These criteria will be the basis for review of the written
proposals.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an
outstanding rating.
WEIGHT
FACTOR
QUALIFICATION
STANDARD
5.0
Scope
of
Proposal
objectives,
desired
The
proposal
by the
methodology
clearly
Department.
shows
to
an understanding
be used,
and
of
results
the
that
project
are
5.0
Staff
Qualifications
qualified
The
proposal
to
perform
demonstrates
the
work.
the vendor
staff
are dearly
4.0
Project
Control
The
design
an
ability
vendor
and
to
construction
ensure
has
described
State
cost.
regulations
their
methods
vendor
are
followed.
of
has
controlling
demonstrated
their
The
4
0
Location/Familiarity
Work
Project
Key
County
team
team's
members
and
the
work
goals
location
have
of
the
demonstrated
relative
Department.
to the
familiarity
project
site
with
location.
Weld
10.0
Cost and
Work
Hours
Is
the
consistent
cost,
work
with
the
hours,
project
and
goals?
tasks
presented
reasonable
and
PART - PROFESSIONAL SERVICES AGREEMENT
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & _,SELECTED. COMPANY
**(1$AMPLED**
TILTS AGREEMENT is made and entered into this day of 2019, by and
between the County of Weld, a body corporate and politic of the State of Colorado, by and through its
Board
of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County," and "Selected Company," [an individual], [a limited liability
partnership] [a limited liability company] [a corporation], who whose address is
hereinafter referred to as "Contract
Professional"
WHEREAS, County desires to retain Contract Professional as an independent Contract
Professional to perform services as more particularly set forth below; and
WI: EREAS, Contract Professional has the ability, qualifications, and time available to timely
perform the services, and is willing to perform the services according to the terms of this Agreement.
WHEREAS, Contract Professional is authorized to do business in the State of Colorado and
has the time, skill, expertise, and experience necessary to provide the services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in Exhibits
A and , each of which forms an integral part of this Agreement, Exhibits A and B are specifically
incorporated herein by this reference. County and Contract Professional acknowledge and agree that
this Agreement, including specifically Exhibits A and B, define the performance obligations of
Contract Professional and Contract Professional's willingness and ability to meet those requirements.
Exhibit A consists of County's Request for Proposal (RFP) as set forth in B1.900063. The RFP
contains all the specific requirements of County.
i
Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The
Response confirms Contract Professional's obligations under this Agreement.
2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products
necessary for the project and agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the project described in Exhibit A which is attached hereto and.
incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform
the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the
work in accordance with the standards of professional care, skill, training, diligence and judgment
provided by highly competent Contract Professionals performing services of a similar nature to those
4
described in this Agreement. Contract Professional shall further be responsible for the timely
completion and acknowledges that a failure to comply with the standards and requirements of Exhibits
A and B within the time limits prescribed by County may result in County's decision to withhold
payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until Contract Professional's completion of the responsibilities
described in Exhibit A. Both parties to this Agreement understand and agree that the laws of the State
of Colorado prohibit County from entering into Agreements which bind County for periods longer than
one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement,
County shall notify Contract Professional if it wishes to renew this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty
(30) days written notice. Furthermore, this Agreement may be terminated at any time without notice
upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as
giving Contract Professional the right to provide services under this Agreement beyond the time when
such services become unsatisfactory to the County.
If this Agreement is terminated by County, Contract Professional shall be compensated for, and
such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has
submitted and which have been approved by the County; (2) the reasonable value to County of the
services which Contract Professional provided prior to the date of the termination notice, but which
had not yet been approved for payment; and (3) the cost of any work which the County approves in
writing which it determines is needed to accomplish an orderly termination of the work. County shall
be entitled to the use of all material generated pursuant to this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and facilities
owned by County which Contract Professional is using, by whatever method it deems expedient; and,
Contract Professional shall deliver to County all drawings, drafts or other documents it has completed
or partially completed under this Agreement, together with all other items, materials and documents
which have been paid for by County, and these items, materials and documents shall be the property of
County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -
INCOMPLETE."
Upon termination of this Agreement by County, Contract Professional shall have no claim of
any kind whatsoever against the County by reason of such termination or by reason of any act
incidental thereto, except for compensation for work satisfactorily performed and/or materials
described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by Contract Professional
shall be the basis for additional compensation unless and until Contract Professional has obtained
written authorization and acknowledgement by County for such additional services. Accordingly, no
claim that the County has been unjustly enriched by any additional services, whether or not there is in
fact any such unjust enrichment, shall be the basis of any increase in the compensation payable
hereunder. If written authorization and acknowledgment by the County for such additional services is
not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights
with respect to such additional services shall be deemed waived and such failure shall result in non-
payment for such additional services or work performed. In the event the County shall require changes
in the scope, character, or complexity of the work to be performed, and said changes cause an increase
or decrease in the time required or the costs to the Contract Professional for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this Agreement
shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional
for adjustment hereunder must be made in writing prior to performance of any work covered in the
5
anticipated supplemental Agreement. Any change in work made without such prior supplemental
Agreement shall be deemed covered in the compensation and time provisions of this Agreement
6. Compensation/Contract Amount. Upon Contract Professional's successful completion of
the services, and County's acceptance of the same, County agrees to pay an amount no greater than
which is the bid set forth in Exhibit B. Contract Professional acknowledges no payment in
excess of that amount will be made by County unless a "change order" authorizing such additional
payment has been specifically approved by the Director of Weld County Public Works, or by formal
resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld
County Code. Any other provision of this Agreement notwithstanding, in no event shall County be
liable for payment for services rendered and expenses incurred by Contract Professional under the
terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B.
Contactor acknowledges that any work it performs beyond that specifically authorized by County is
performed at Contract Professional's risk and without authorization under this Agreement. County
shall not be liable for the payment of taxes, late charges or penalties of any nature other than the
compensation stated herein.
If, at any time during the term or after termination or expiration of this Agreement, County
reasonably determines that any payment made by County to Contract Professional was improper
because the service for which payment was made did not perform as set forth in this Agreement, then
upon written notice of such determination and request for reimbursement from County, Contract
Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this
Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County.
County will not withhold any taxes from monies paid to the Contract Professional hereunder
and Contract Professicnal agrees to be solely responsible for the accurate reporting and payment of any
taxes related to payments made pursuant to the terms of this Agreement.
Mileage may he reimbursed if the provisions of Exhibit A permit such payment at the rate set
forth in Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in this
Agreement. Payment to Contract Professional will be made only upon presentation of a proper claim
by Contract Professional, itemizing services performed and, (if permitted under this Agreement),
mileage expense incurred.
Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contract Professional in
respect of any period after December 31 of any year, without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with Article
25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et.
seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20)
7. Independent Contract Professional. Contract Professional agrees that it is an independent
Contract Professional and that Contract Professional's officers, agents or employees will not become
employees of County, nor entitled to any employee benefits from County as a result of the execution of
this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract
Professional. Contract Professional shall be solely responsible for its acts and those of its agents and
employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and
agents are not entitled to unemployment insurance or workers' compensation benefits through County
and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its
agents or employees. Unemployment insurance benefits will be available to Contract Professional and
its employees and agents only if such coverage is made available by Contract Professional or a third
party. Contract Professional shall pay when due all applicable employment taxes and income taxes and
local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not
have authorization, express or implied, to bind County to any agreement, liability or understanding,
except as expressly set forth in this Agreement. Contract Professional shall have the following
6
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ent,W0 Y4YAMv/ wW'N:PenKYUew.wwVw..,...W100.14.YM+vheuWr<W...V,...0ww.F•.+.wO.viay.wv.65W.ib.ro46fO M. Y4
responsibilities about workers' compensation and unemployment compensation insurance matters: (a)
provide and keep in force workers' compensation and unemployment compensation insurance in the
amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so
by County.
S. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement
in reliance upon the reputation and expertise of Contract Professional. Contract Professional shall not
enter into any subcontractor agreements for the completion of this project without County's prior
written consent, which may be withheld in County's sole discretion. County shall have the right in its
reasonable discretion to approve all personnel assigned to the subject project during the performance of
this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall
be assigned to the project. Contract Professional shall require each subcontractor, as approved by
County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract
Professional by the terms of this Agreement, and to assume toward Contract Professional all the
obligations and responsibilities which Contract Professional, by this Agreement, assumes toward
County. County shall have the right (but not the obligation) to enforce the provisions of this
Agreement against any subcontractor hired by Contract Professional and Contract Professional shall
cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of
its agents, employees and subcontractors.
9. Ownership. All work and information obtained by Contract Professional under this Agreement
or individual work order shall become or remain (as applicable), the property of County. In addition,
all reports, documents, data, plans, drawings, records and computer files generated by Contract
Professional in relation to this Agreement and all reports, test results and all other tangible materials
obtained and/or produced in connection with the performance of this Agreement, whether such
materials are in completed form, shall always be considered the property of the County. Contract
Professional shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of County.
10. Confidentiality. Confidential financial information of the Contract Professional should be
transmitted separately from the main bid submittal, clearly denoting in red on the financial information
at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public
entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., about public
records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to
keep confidential all of County's confidential information. Contract Professional agrees not to sell,
assign, distribute, or disclose any such confidential information to any other person or entity without
seeking written permission from the County. Contract Professional agrees to advise its employees,
agents, and consultants, of the confidential and proprietary nature of this confidential information and
of the restrictions imposed by this agreement.
11. Warranty. Contract Professional warrants that the 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. Contract Professional further represents and warrants that all services
shall be performed by qualified personnel in a professional and workmanlike manner, consistent with
industry standards, and that all services will conform to applicable specifications.
12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall
submit to County originals of all test results, reports, etc., generated during completion of this work.
Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in
any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In
no event shall any action by County hereunder constitute or be construed to be a waiver by County of
7
any breach of this Agreement or default which may then exist on the part of Contract Professional, and
County's action or inaction when any such breach or default shall exist shall not impair or prejudice
any right or remedy available to County with respect to such breach or default. No assent expressed or
implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall
be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for,
the services completed under this Agreement shall not be construed as a waiver of any of the County's
rights under this Agreement or under the law generally.
13. Insurance and Indemnification. Contract Professionals must secure, at or before the time of
execution of any agreement or commencement of any work, the following insurance covering all
operations, goods or services provided pursuant to this request. Contract Professionals shall always keep
the required insurance coverage in force during the term of the Agreement, or any extension thereof,
and during any warranty period. The required insurance shall be underwritten by an insurer licensed to
do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall
contain a valid provision or endorsement stating "Should any of the above -described policies by
canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall
send written notice to the Weld County Director of General Services by certified mail, return receipt
requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless
due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is more
than a deductible or self -insured retention, County must be notified by the Contract Professional.
Contract Professional shall be responsible for the payment of any deductible or self -insured retention.
County reserves the right to require Contract Professional to provide a bond, at no cost to County, in
the amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverages specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Professional. The County in no way warrants that
the minimum limits contained herein are enough to protect them from liabilities that might arise out of
the performance of the work under this Contract by the Contract Professional, its agents,
representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and
if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract
Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by
reason of its failure to obtain or maintain insurance in enough amounts, duration, or types. The
Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance
that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification
to these requirements must be made in writing by Weld County.
The Contract Professional stipulates that it has met the insurance requirements identified herein. The
Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity
of all services provided, the timely delivery of said services, and the coordination of all services
rendered by the Contract Professional and shall, without additional compensation, promptly remedy
and correct any errors, omissions, or other deficiencies.
INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful
acts or omissions of Contract Professional, or claims of any type or character arising out of the work
done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contract Professional to
conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be
fully responsible and liable for any and all injuries or damage received or sustained by any person,
persons, or property on account of its performance under this Agreement or its failure to comply with
the provisions of the Agreement, or on account of or in consequence of neglect of the Contract
8
Professional in its methods or procedures; or in its provisions of the materials required herein, or from
any claims or amounts arising or recovered under the Worker's Compensation Act, or other law,
ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed
that the Contract Professional will be responsible for primary loss investigation, defense and judgment
costs where this contract of indemnity applies. In consideration of the award of this contract, the
Contract Professional agrees to waive all rights of subrogation against the County its associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers for losses arising from the work performed by the Contract Professional for the County. A
failure to comply with this provision shall result in County's right to immediately terminate this
Agreement.
Types of .Insurance: The Contract Professional shall obtain, and always maintain during the
term of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of the Contract Professional's employees acting within the
course and scope of their employment. Policy shall contain a waiver of subrogation against
the County. This requirement shall not apply when a Contract Professional or
subcontractor is exempt under Colorado Workers' Compensation Act., AND when such
Contract Professional or subcontractor executes the appropriate sole proprietor waiver
form.
Commercial General Liability Insurance shall include bodily injury, property damage, and
liability assumed under the contract.
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily
injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property
damage applicable to all vehicles operating both on County property and elsewhere, for
vehicles owned, hired, and non -owned vehicles used in the performance of this Contract.
Proof of Insurance: County reserves the right to require the Contract Professional to provide a
certificate of insurance, a policy, or other proof of insurance as required by the
County's Risk Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal
liability, liquor liability, and inland marine, Contract Professional's insurer shall name
County as an additional insured.
Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive
subrogation rights against County.
Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers
or other entities providing goods or services required by this Agreement shall be subject to all
the requirements herein and shall procure and maintain the same coverages required of
Contract Professional. Contract Professional shall include all such subcontractors,
independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages. Contract
9
Professional agrees to provide proof of insurance for all such subcontractors, independent
Contract Professionals, sub -vendors suppliers or other entities upon request by the County.
14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by Contract
Professional to assign or transfer its rights hereunder without such prior approval by County shall, at
the option of County, automatically terminate this Agreement and all rights of Contract Professional
hereunder. Such consent may be granted or denied at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contract Professional agrees that any
duly authorized representative of County, including the County Auditor, shall have access to and the
right to examine and audit any books, documents, papers and records of Contract Professional,
involving all matters and/or transactions related to this Agreement. The Contract Professional agrees to
maintain these documents for three years from the date of the last payment received.
16. 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.
17. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change orders,
and other clarification or instruction shall be directed to County Representative. The County
Representative for purposes of this Agreement is hereby identified as, Director of Weld County
Department of Public Works, or his designee. All notices or other communications (including annual
maintenance made by one party to the other concerning the terms and conditions of this contract shall
be deemed delivered under the following circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
(d) transmission via facsimile, at the number set forth below, where a receipt or
acknowledgment is required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contract Professional:
Attn.: President,
Address:
Address:
E-mail:
County:
Name: Michael Bedell, P.E.
1111 H Street
Greeley, CO 80632
mbedell@weldgov.com
Don Dunker, P.E.
1111 H Street
Greeley, CO 80632
ddunker@weldgov.com
10
18. Compliance with Law. Contract Professional shall strictly comply with all applicable federal and
State laws, rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
19. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use
other Contract Professionals or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject
matter contained in this Agreement. This instrument supersedes all prior negotiations, representations,
and understandings 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.
21. Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.
Execution of this Agreement by County does not create an obligation on the part of County to expend
funds not otherwise appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in
any manner or degree interfere with the performance of Contract Professional's services and Contract
Professional shall not employ any person having such known interests. During the term of this
Agreement, Contract Professional shall not engage in any business or personal activities or practices or
maintain any relationships which conflicts with or in any way appear to conflict with the full
performance of its obligations under this Agreement. Failure by Contract Professional to ensure
compliance with this provision may result, in County's sole discretion, in immediate termination of
this Agreement. No employee of Contract Professional nor any member of Contract Professional's
family shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes
funding to Contract Professional.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, 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.
24. Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or
other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now
or hereafter amended.
25. 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.
11
26. Board of County Commissioners of Weld County Approval. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or
its designee.
27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contract
Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve
said dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work under
this contract. Contract Professional will confirm the employment eligibility of all employees who are
newly hired for employment in the United States to perform work under this Agreement, through
participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S.
§8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien
to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify
with Contract Professional that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify
Program or State of Colorado program procedures to undertake pre -employment screening or job
applicants while this Agreement is being performed. If Contract Professional obtains actual
knowledge that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and
County within three (3) days that Contract Professional has actual knowledge that a subcontractor is
employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor
does not stop employing or contracting with the illegal alien within three (3) days of receiving notice.
Contract Professional shall not terminate the contract if within three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with an
illegal alien. Contract Professional shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contract Professional participates in the State of Colorado program, Contract
Professional shall, within twenty days after hiring a new employee to perform work under the contract,
affirm that Contract Professional has examined the legal work status of such employee, retained file
copies of the documents, and not altered or falsified the identification documents for such employees.
Contract Professional shall deliver to County, a written notarized affirmation that it has examined the
legal work status of such employee and shall comply with all of the other requirements of the State of
Colorado program. If Contract Professional fails to comply with any requirement of this provision or
of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated,
Contract Professional shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract
Professional receives federal or state funds under the contract, Contract Professional must confirm that
any individual natural person eighteen (18) years of age or older is lawfully present in the United
States pursuant to C.R.S. § 24.76.5-103(4), if such individual applies for public benefits provided
under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms
under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in
the United States pursuant to federal law, (b) shall produce one of the forms of identification required
by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-103 prior to the effective date of the contract.
12
29. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of
attorney fees and/or legal costs incurred by or on its own behalf.
30. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
31. Official Engineering Publications: Contract Professional acknowledges and agrees that the
Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction"
and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the
requirements for all work performed by Contract Professional under this Agreement, and that a failure
to meet the standards set by these publications may result in withholding by County of some or all of
the Compensation.
32. Compliance with Colorado Department of Transportation Regulations and Standards
Contract Professional acknowledges and agrees that the Colorado Department of Transportation
"Standard Specifications for Road and Bridge Construction" and the Colorado Department of
Transportation Standard Plans "M & S Standards" establish the requirements for all work performed
by Contract Professional under this Agreement, and Contract Professional agrees to meet or exceed all
standards set by these publications. Contract Professional further acknowledges and agrees that a
failure to meet the standards set by these publications may result in withholding by County of some or
all the Contract Amount.
Acknowledgment. County and Contract Professional acknowledge that each has read this
Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this
Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement
between the parties and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
13
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
2019.
CONTRACT PROFESSIONAL:
By: Date
Name:
Title:
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Clerk to the Board Barbara Kirkmeyer, Chair
14
f
PROPOSED PRECAST CONCRETE
BOX CULVERT 16 ;TT WIDE BY 5 FT
TALL BY 252 FT LONG
re
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som
Mael MOB hvm Nob mos .
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a
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Computer File Information
141,118
Last goatt, "1.1ze ' 1 ff
2 pet !1 Fw
tnitaas MCI.
trut;s MDL
Divan rt' PLAN-PRarFLt C$ 4NCR13AIDWCR3•t
kit:C 0 2017 5. AS NOTED Units Engish
tireati- let
AP 'ROX
Index of Revisions
Comments
,,,,- COUNT' CREWS BEGIN WORK ON
ADJACENT SOUTHERN PROJECT
APPROX'MAT_LY 1800 FT SOLTH
OP INTERSECTION
Project No /Code
WELD COUNTY
P 4SuC WORKS OEPARTMENT
1111 H SIRES'
P.O. SOX 758
GREELEY, CO &6fl07S0
PHONE: PM) ox
FAX L97G) 3044497
As Constructed
No Rev:szons
Revrsea
Void:
WCR 13 AND WCR 34 CBC
OVERALL CBC LOCATION
Detasier WI LAPORTE
Sheet Subset:
rg
R.
tat items cft
CAL 2 -BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG GRADE, OR EXCAVrE
FCR 'HE tvIARKING OF UNDERGROUND
MEMBER UTILITIES
Siett SE,A.Get
Sheet Number 2 of 5
...e.--..-.-.__-. ---_...S.._..,. -_
. ... __ .- w. - •
y,3
WINGWAI i S AiV13 HFADWAS LS. SHALL ;$E
CAST IN PL ACE'AND TIED TO E)(TRUDI
STEELIN PRECAST STRUCTURE 'SEE Ili 8
STANDARD SPECIFICATIONS FORK.!
STANDARD DETAILS '•'
••v
n+
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INSTALL252,Ft C 16 FT -WIDE &S FTTALL
PREcASTT E;r SEEM $ SS:
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- Vat*iivAits Aus$ sH.*a'ki
CASTA*12,13CCE AND TIED To EXTRUi
+Q4 IN PRECAST STRUCTURE., SEE M B.S
art 1�_ STANDARD SPECIFICATIONS FOR $TANWO \
DETAILS..
P
PRecAstedxcut.'
STEEL EXTRUDING
WINGWALLS AND
HEADWALLS., "'
192' x 60" CBC
STA. 305,-82 "s4
OFFI, 0,00
N 328.775.16;
E,.156,840;73 ..'
RI SHALL HAVE
t CAST IN PLACE
L'I'MN. PLACE
NOTE: THIS DRAWING IS
FOR INFORMATIONAL
PURPOSES ONLY.
BIDDERS WILL ONLY
MANUFACTURE: STORE,
AND DELIVER THE
PRECAST CONCRETE
BOX CULVERT
SEGMENTS.
4870
EXISTING GROUND
4865
PROPOSED GROUND
INSTALL ,AEMERANE TO TOP OF C'E.C
X110
TYPE M RIPRAP
4860 HEADWALL NOR rTN.
STA 303+30 34
HEADWALL
INV IN=486308
4855
1 FT ROCK OR SQUEEGEE AS
NEEDED TO PROVIDE SOLID
SWEEIASE FOR BOX
FILL INSIDE OF BOX WITH
C5 FT OF PILL DIRT
25200LFOF
6Q x tWAA, _
-4 0(147 FT/FT
INSTALL 2 FT DEEP
'tOEWALL 6 INCHES
THICK
'H -PILE
'SHEE- FILE
"DRIVE H-PILEAND SHEET PILE TO PROTECT WATER
LANE DURIP4G SUBBASE EXCAVATION. SHEET PILE
SHALL BE 15 FEET BEL€2W BOTTOM OF PIPE MINIMUM
to;
Ala
CC
303+00
Q
r) C
;3/4-
CO Q 'Cr
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F
IP
m
PR OP=487121
1
EX=4888 29
304+00
PROP=4870 90
305+00
•
•
'nrn
ft
7�
HORIZ: 1" = 4'
VERT: 1' = 0'
4870
;-- EXISTING Glipihe
4865
EO GROUND
TYPE M RIPRAP
HEADWALL Sa1 S
4860
HEADWALL
INV OUT = 4861 90
t7 lea. Ga3
'FLOW -FILL 10 PROTE
a
a i a
c
306+OC
4855
WATER LINE
NOTE 36 .NCH WATER LINE TO REMAIN
IN PLACE AND SHALL BE PROTECTED
DURING CONSTRUCTON
NOTE REMOVE MUCK MATERIAL AS
NECESgAR" TO PROVIDE A SOLID
COMPACTED SUBBASE TO PLACE CBC
PROVIDE ROCK OR SQUEEGEE AS NEEDED
TO ESTABLISH SOLIC SUBBASE, ASSUMED 1
FOOT REQUIRED
NOTE CBC SHALL BE BACKFILLED WITH
CLASS 7 ABC
-NOTE THE MEASURES WITH - ARE
CONTINGENCIES, AND MAY NOT BE
REQUIRED DEPENDING ON EXCAVATION
AND SOILS CONDITIONS AT THE TIME OF
CONSTRUCTION
NOTE COUNTY SHALL COORDINATE WITH
CWCWD DURING CONSTRUCTION
CONTACT JOSI-I COOK (720-324-3325) WHEN
EXCAVATION STARTS
Computer File Information
Last 'Verified Date 2/06/19 Initials: !JILL
Firth Path M C:IaV_— .[� ue�li,MNR..Z`j nakyvci.tjAueiAN �!-tL:aWLM1
Drawing FileNare: PIPE-SHEETSCBC_'JvtR13-34 DWG
AutoCAD Version: 2017 Scale: AS NOTED u,iis:
Index of Revisions
Date:
Comments
WELD COUNTY
PUBLIC WORKS DEPART UIENT
11' 1 H STREET
P O BOX 758
GREELEY, CO 80632-0758
PHONE: '970) 356-4000
FAX• (970) 304.649?
Void
As Constructed
WCR 13 AND WCR 34 CBC
CBC PLAN AND PROFILE
Dewatering Design and Construction Services for WCR13/34
Request for Proposals #B1900063
Weld County, Colorado
ADDENDUM NUMBER ONE
March 6, 2019
REQUEST FOR PROPOSALS DOCUMENT POSTED ON 2/27/19
In Section I (Purpose) the third sentence of the first paragraph shall be revised to read as follows:
As part of the proposal, please include a cost/fee estimate for these proposed services; the
design portion of the services shall include a line item in the amount of $10,000.00 labeled
as "force account ® other professional services", and the construction portion of the
services shall include a line item in the amount of $20,000000 labeled as "force account -
minor contract revisions".
In Section III (Scope of Services) the third sentence of the first paragraph shall be revised to read
as follows: The dewatering system shall be capable of lowering the ground water table in the
concrete box culvert construction zone to at least four feet below the lowest excavation
planned excavation elevation, , , hick corresponds to an elevation of 4856 on the design
plans.
The following additional informational documents have been posted today along with the original
proposal documents:
® Construction Plans for the WCR 13/34 Intersection Project.
• Environmental document from Tigias Ecological Services.
Soils Report associated with WCR13 from WCR 34 to 38 pavement design.
O Mandatory Pre -Proposal Meeting attendance sheet.
® Mandatory Pre -Proposal Meeting agenda.
Prepared By:
Michael Bedell, P.E.
Senior Engineer
March 18, 2019
1
Weld County Administrative Building
Attn: Office of the Weld County Purchasing Department
1150 O Street Room #107
Greeley, Colorado 80631
81O 658 3472
810 653,1828
vvvo:r ow mersno corn
CoWTt*CV faatinirr Q
RE: RFP #B190063 — Dewatering Design and Construction Services for WCR 13/34
To whom it may concern;
Mersino Dewatering, Inc. (Mersino) appreciates the opportunity to present this proposal for RFP
# B190063 — Dewatering Design and Construction Services for WCR 13/34 for Weld County,
Colorado.
We thrive on the challenges presented by each project whether small or large. Selecting and
engineering the best solution for your needs is our expertise. Mersino offers full -service
dewatering with experienced engineers and project managers who can deal with all the unique
variations of each job.
BACKGROUND:
Weld County, CO has issued an RFP for design and construction services associated with the
dewatering of the ground to facilitate construction of a box culvert. The box culvert is located at
the intersection of Weld County Roads 13 and 34 approximately 2 miles east of the town of
Mead. The Box Culvert is a 16 foot wide, 5 foot tall, by 252 foot long pre -cast concrete structure
that will require subgrade cuts of 6 to 8 feet below the existing ground surface, The box culvert
will be constructed by Weld County construction crews. Weld County requires the ground be
dewatered by a qualified dewatering contractor who will provide a dewatering system design for
the proposed structure.
DEWATERING DESIGN SERVICE&
Mersino proposes dewatering design services that will consist of the following:
eQtec/hnc1 investigation — This proposal includes three borings, extending up to 20 feet below
grade, to be performed adjacent to the proposed culvert placement, two of which will be outfitted
as temporary groundwater observation wells. Prior to mobilization, the proper Weld County and
DOT permits to advance the borings from the shoulder of County Road 13 will be obtained, and
appropriate traffic control measures will be put in place. Following completion of the drilling,
select boring samples will be taken to a laboratory for grain size and hydrometer analysis and/or
atterberg limits, whichever applies. The findings will be summarized in a letter report with boring
logs that will be stamped by a Colorado Professional Engineer.
Utilities impact investigation — This proposal includes Colorado 811 to be notified to have Tier 1
and Tier 2 utilities located with paint marks and stakes within the area of interest. A vacuum
excavation will core the street (if required) and pothole the locations of existing utilities. A field
engineer will be present to note the type, depth and location of the existing utilities. Information
collected will be summarized on an "as -built" utility location plan. These utility locations will be
re -marked prior to installation of dewatering system (if necessary). Our proposal is based upon
the located utilities being within four feet of the locates. Should this not be the case, it may
require additional time and effort to identify the miss -located utility. We will notify you if there are
any delays as a result of miss -located utilities.
Environmental impact investigation — Water samples will be collected from the observation wells
and taken to the laboratory for environmental testing. Our proposal excludes provisions to
remediate contaminated groundwater.
Required Permits - This proposal includes permitting requirements from the State of Colorado
including:
• CDPS water discharge permit: Utilizing information collected from the geotechnical
investigation and laboratory testing. Water samples will be collected from the observation
wells and taken to a laboratory for environmental testing. The acquired permit will identify
the location(s) where pumped groundwater can be discharged as well as the required
treatment for suspended solids and/or environmental contamination, if detected.
• Department of Natural Resources (DNR) Forms GS -51 for Observation Well installation
and decommissioning.
• DNR Forms GWS 09 for Dewatering Well installation and decommissioning (if applicable).
• Mersino will also obtain USACOE maps delineating the location of jurisdictional wetlands
to avoid construction activity in these areas.
Detailed Design of a Suitable Dewatering System — Once the geotechnical investigation has
been performed and results provided, Mersino will assess the soils and conduciveness to
dewatering techniques and provide a preliminary design for the proposed dewatering system to
the County, describing in detail our dewatering system for review/ approval prior to proceeding
to final design.
At the final design level, Mersino will provide detailed design plans for all aspects of our
dewatering system. These include system lay out, general notes, summary of quantities and
permitting requirements. The final plans shall be stamped and signed by a Professional
Engineer registered in the State of Colorado. This design will likely include calculations in which
drawdown, radius of influence, individual well flow and total estimated discharge flow of the
system will be analyzed along with shop drawings and dewatering means and methods.
item
Unit of Cost
Dewatering Design Services
$ 57,700.00
1 0 1 6 2 E. C O L D W A T E R R D., DAVISON, M I 4 8 4 2
There is no relevant geotechnical data available for the project at the time of this proposal. The
site is located near jurisdictional wetlands with standing water below the roadway embankments
on the south side of the intersection. Soil Conservation Service data indicates that surficial
deposits may consist of silty, clayey, sandy loam and/or sandy clay loam.
The construction aspects of the RFP are dependent upon the installation of a dewatering
system to depressurize and allow for dry stable subgrade conditions for construction. However,
aggressive dewatering methods may not be effective in silty/clayey fine grained soils be
encountered. Instead, standing water may be removed from the trench utilizing sump pumps
and/or trash pumps where soft very fine grained saturated soils may be found to be present that
may not be suitable to provide a stable subgrade.
Should our investigation indicate this type of subgrade, Mersino would provide an alternative
design to over excavate and provide a geotecanical solution to improve the subgrade conditions
potentially without the use of a well point or submersible pump system. it is feasible that the
solution may require a combination of pre -excavation dewatering and geotechnical
improvements to accomplish the project objectives. This service is not included in this proposal.
Actual conditions encountered will dictate the final dewatering solution.
Item
Unit of Cost
Estimated Alternative Geotechnical Subgrade Stabilization Design $ 36,000.00
CONSTRUCTION SERVICES:
Without available soil information Mersino has laid out a number of potential dewatering
services which cover the most likely possible solutions from the currently available project
information. Once completed the geotechnical survey and report will ultimately determine the
remaining scope of the project. For the sake of providing order of magnitude for potential design
methods and systems, Mersino has anticipated the following scenarios.
We//point D. atering: Should the results of the geotechnical report indicate soils to be
conducive to aggressive dewatering techniques, it is anticipated that wellpoint dewatering may
be the method of choice based on the excavation size and depth. Manual jetting is Mersino's
standard installation method for wellpoint dewatering, however should the noted soils be too
dense or contain high blow counts, pre -drilling of the wellpoints may be required. Pricing has
been provided for both methods. Mersino will provide a wellpoint dewatering system scenarios
as follows:
1.) If significant perched water is discovered in permeable soils atop impermeable (i.e, clay)
soils that may be present near the bottom of excavation, wellpoints will need to be
installed on both sides of the excavation, if the design practicality does not impede on
construction access. This scenario will consist of two systems, each include a single
open diesel wellpoint pump, up to 300 linear feet of suction header with wellpoints (600
linear feet total) and 200 linear feet of discharge piping (400 linear feet total)
2E 0 D W
D
4 8 4 2
Item
MMnW..MMYw.a'u�pR....—Mw/� �MXMYM
Unit of Cost
d
Mobilization/
Jetting
1. W4.wNH
Installation/
YNVYnY••••••.••••••••••_•••,.�
Removal/
•••••. ...
Demobilization
v. ..
., V ♦
$ 73,603.00
Mobilization/
Pre -Drill
Installation/
Removal/
Demobilization
$ 132,628.00
Rental
of (2) Wellpoint
Dewatering
Systems for 60 days
$ 119,827.00
2.) If permeable soils are discovered to the depth of approximately 20 feet below grade,
Mersino will provide a single wellpoint system, installed along one side of the proposed
excavation. This scenario will consist of a single open diesel wellpoint pump, up to 300
linear feet of suction header with wellpoints and up to 200 linear feet of discharge piping.
Item
Mobilization/ Jetting Installation/ Removal/ Demobilization
Mobilization/ Pre -Drill Installation/ Removal/ Demobilization
Rental of (1) Wellpoinf Dewatering System for 60 days
Unit of Cost
$ 49, 514.00
$ 83,227.00
$ 60, 200.00 ,
Noted discharge footages is assuming the dewatering system can be discharged downstream/
downgrade of the water way the culvert is being constructed within, within 200 linear feet of the
pump placement. These footages, and associated costs, will be subject to change dependent
on the CDPS water discharge permit.
The above wellpoint pricing scenarios consist of Mersino providing an all inclusive (turn -key)
dewatering service including mobilization of equipment and crew, installation and removal of the
wellpoint dewatering systems, demobilization of equipment and crew upon project completion,
appropriate filter material, equipment for unloading/ loading, water supply for installation and all
fuel and fueling operations for 60 days of operation.
Open Pumping / urn in- : Should the results of the geotechnical report indicate soils not
conducive to aggressive dewatering techniques (i.e. clay soils), it is anticipated that open
pumping/ sumping will be the most cost effective approach. In this scenario, if the Weld County
Construction Crew do not have such equipment capabilities, Mersino can gladly provide a
multitude of pumping options. Mersino would recommend the provision of a standard sump
system consisting of three sets of 3" 5HP (480v/3ph) electric submersible pumps, 10' long
screened sump cans, 30 feet of hard flex hose to bring the water out of the excavation and with
200 linear feet of layflat discharge hose. Mersino would provide a 25kVA generator capable of
powering all three sumping systems. Quantities are recommendations and it is Mersino's
assumption that Weld County's construction crews would move and install the sumping
equipment for the excavation as construction progress proceeds. This is provided as a rental
option that is to be installed/ removed by others. Pricing for the above standard sump system
option noted above, including anticipated fuel consumption, is as follows:
r O 1 6
Item
Delivery of Equipment
Unit of Cost
$ 3,860.00
Rental of (3) Sum:ping Systems & (1) 25kva Generator for 60 days $ 34,267.00 ,
L W A T F
D V SO .. I
Operation 3 Maintenance: Whichever scenario arises, Mersino is pleased to offer provide an
on -site dewatering representative for the anticipated 60 days of duration. This representative will
be onsite Monday thru Saturday for 8 hours per day (8am-5pm) and will monitor the site
dewatering, provide immediate troubleshooting capability should issues arise, as well as
maintain system(s) in continual operation throughout the project duration. Should a situation
arise that requires this representative to report onsite beyond the standard prescribed hours this
service will be subject to an additional hourly rate of $150.00/Hr.
0
Item
On -site Dewatering Representative to Operate/Maintain
System(s) for 60 days
Overtime / Emergency Response -- Hourly Rate
Unit of Cost
$ 65, 865.00
$ 180.00 / HR
Upon completion of the box culvert construction, and at the counties direction, Mersino will
remove the dewatering system.
Summary of Pricing
Dewatering Services - Scenario I
Item
-.isrw.V.AiYuwnxrw.w
Unit of Cost
Design
.,rn'•?r'-uus.w.uww. wwwmxwvwnwxs..wMw - .. ..., .. ..
Services
.
$ 57, 700.00
Dewatering
Services -- Predrilled
Wellppints
1600
LF)
60
Days 3
$ 252,455.00
Dewatering
Operation
and
Maintenance
(60 Days)
'65,865.00
$
TOTAL
COST
$ 376,020.00
Dewatering Services — Scenario 2
■ tem
ww. r+rw.rw+nr.wuJ—_Ktl' - - A
Unit of Cost
.. ..
Design
rm . .! x a a rs w. w..vew ••. •. v
Services
$
57,700.00
Geotechnical
Subgrade
Design
Services
Alternate
$ 36,000.00
TOTAL
,.. -. ��.R. W
COST I
$ 93,700.00
Dewatering Services — Scenario 3
Item
Unit of Cost
Design Services
$ 57,700.00
Dewatering
Services — Jetted
VVellpoints
LF)
60
Days
$ 109,714.00
(300
DewateringOperation
and
Maintenance
(60 Days)
$ 65,865.00
$ 233,279.00
TOTAL
COST
Dewatering Services — Scenario 4
?
Item
Unit of Cost
Design Services
57,700.00
Dewatering Services
- Open
Pumping/Sumping
Equipment
$ 38,127.00
Dewatering
pperation and
Maintenance
(60
Days)
$ 65,865.00
TOTAL
COST
_. ._ . _..__
161,692.00 W.
E
N M I
The dewatering systems quoted are only recommendations agreed to by both parties based
upon the information available to Mersino at the time this proposal was written, and Mersino will
be compensated for those services rendered and equipment rented. If additional dewatering
systems should be required and requested by Weld County in excess of that which is quoted
above, additional systems can be provided at additional costs and upon written agreement of
the parties. Mersino bears no responsibility for drying up any existing water wells in the area
(including residential wells), or damage to existing structures due to the dewatering process.
Weld County shall have the entire risk of loss of, damage to, or destruction of the equipment
from all causes whatsoever during the term of this project and thereafter until Mersino's
equipment has been demobilized from the project site. It is the responsibility of Weld County to
secure the jobsite and the equipment supplied by Mersino from risk of floods or other natural
disasters. Prices are based upon unrestricted operations. Mersino shall not be held liable for
any costs or backcharges due to strikes, delays, changed project conditions, differing site
conditions, inaccessible job sites, acts of God, inability to obtain permits, force majeure, and/or
any other unforeseen conditions (including but not limited to any impervious materials). If
conditions arise to install more equipment, a mutually agreed upon price schedule must be
negotiated before such additional work commences. If Mersino is delayed in the process of
installing or removing the leased equipment, the additional labor and equipment costs incurred
shall be compensated for by Weld County.
In closing, whatever the soil results may be, Mersino will work diligently with the County to
provide a cost effective dewatering solution. Mersino again appreciates the opportunity to
provide a proposal on this project and wants to affirm our willingness to enter into the Weld
County Standard Contract Agreement as included as part of the RFP, should we be chosen.
Sincerely;
Joe Cherluck
Director of Inside Sales & Engineering
Mersino Dewatering, Inc.
1 0 1 6 2 E. COLDWATER R D DAVISON. MI 4 8 4 2
Corn
Coro
1
PRP-QUALIFICATION
i
!i ORNIATION
oany Name:
orate Address'
Primary Phone:
Primary Fax:
Primary Email Address.
Website:
Emergency Number:
Principal Officers
Gino Mersino
Marco Mersino
Dave Tersigni
Rodney Mersin()
Business Type:
Year Established
State of Origin:
Mersino Dewatering, Inc. \
10162 East Coldwater Road
Davison, MI 48423
810.658.3472
810.653/828
gino@mersino.com
www,merslno.com
866.MERSINO
Title
President/CEO
Vice President/COO
Vice President, Operations
Chairman
Corporation
1988
Michigan
Business Overview:
Pumping solution provider that designs and constructs temporary and
permanent pumping systems, including but not limited to: construction
dewatering, groundwater collection and management, as well as ground
exclusion via slurry cut-off walls utilizing the one -pass trenching method,
sewer and liquid bypass pumping, creek diversions, flood control, water
supply and transfer operations, fire protection, etc.
Mersino also manufactures and supplies portable pumps (large diesel
pumps ranging in size from 4" to 24" in discharge diameter) and portable
generators (ranging in size from 35kVA to 400kVA) under our brands —
Global Pump and Global Prime Power.
Business Commodity:
SIC Code: 1799
Primary NAICS Code: 238910
Cage Code:
Business Size
333911
237990
532412
532490
Portable Pumps and Generators
Dewatering Contractor
Site Preparation Contractors
(Dewatering)
Pump & Pumping Equipment
Manufacturer
-- Other Heavy and Civil
Engineered Construction
Construction, Mining and
Forestry Machine and
Equipment Rental and Leasing
Other Commercial and Industrial
Machine and Equipment Rental
and Leasing
[A-LiI"►r
L) a„ ' 5 , l r lvf l
)avtor is E--�
()MALI NE_
Ei i ; fry.
Experience
24 yrs
24 yrs
27 yrs
42 yrs
1XN85 EEO:
Small Drug & Alcohol Policy:
YES
YES
‘N-%
1
(:Iy I��l
E'ie ll i► thu' lvii
•
toriERS
RT
IAIJ\AN
ROBF
VI? <?f
Education, Training, Affiliations, and Certifications:
• OSHA 40 -Hour HAZWOPER Training
® OSHA 8 -Hour HAZWOPER Refresher
• OSHA 30 -Hour Certified
® MSHA Mine Safety Certified
• NTT 40 -Hour Centrifugal Pump Training
• Class A Commercial Driver's License; P, N, T Endorsements
• Rough Terrain Forklift Certified
• Respirator Certified
• Boom Lift Certified
• CPR - AED Certified
N
Qualification Highlights:
• Over 15 years of industry experience in dewatering, bypass
pumping, and slurry trench projects
® Experienced in application and use of:
- Wellpoint and deep well dewatering systems
- Diesel -driven centrifugal pumps and electric centrifugal pump
systems, including electric submersible pumps
- Air operated diaphragm and other positive displacement pumps
- Hydraulic submersible pumps, including axial and mixed flow
- Siphon systems
- Closed loop pumping systems
- Multiple pump systems (parallel and series pumping)
Rockies &press Pipeline
IL, IN, OH
Installation of wells, wellpoints, trenched sock tile and
bypass pumping for 10 miles of 36" diameter pipeline.
Estimated project value: $3 Million
US Army Corps of Engineers
Missouri River Soil Stabilization
Installation of seven 8" stainless steel relief wells,
ranging in depths from 102' to 106' deep. Wells were
installed for soil stabilization during flood events and
were installed using a reverse circulation rotary drill.
Estimated project value: $1.3 MIlion
Smithland Hydroelectric Power Plant
Smithland, KY
Located on the east bank of the Ohio River,
installation of this dewatering system spanned a
five-year period and included installation of 65
drilled wells (with varying depths from 100 to 150
feet deep). The pumping equipment included (65)
40 HP electric submersible pumps, 7,000 feet of 12 -
to 24 -inch HDPE discharge pipe, 7,000 feet of
electrical distribution with five substations and four
600 kVA diesel generators with automatic transfer
switches.
Estimated project value: $8 Million
Progress Energy 250kV Duct Bank
Ste Petersburg, FL
Installation and maintenance of four miles of
dewatering, including deep wells, weilpoints, and
sock tile.
Estimated project value: $3.5 Million
MERSIN
JOI _ CIII_PLUCK
DIRECTOR - INSIDE
SALES & ENGINEER!
\K5
Eda i , TrainIngfAffIllations, and Certifications:
• Bachelors of Science in Geology with a minor in Geographic
Techniques from Grand Valley State University
® Six week field school at Western Michigan University structured
around the understanding of aquifer properties, well dynamics and
other geological topics
Qualification Highlights:
National Estimating Engineer in charge of supporting and bidding
on large-scale national dewatering and bypass pumping projects for
Mersino Dewatering.
Macomb Dropshafts
Macomb, Ml
This project consisted of designing and implementing 17
unique bypass pumping setups for sanitary sewer interceptor
dropshaft locations that served to televise existing sewer
conditions. The flows ranged from 450 to 8,000 GPM.
All bypass work was completed within a tirneframe of
approximately three months.
Estimated project value: $300k.
McCracken Sanitary Sewer interceptor
Plainfield, IN
We were the only company designated capable of providing
the system needed to successfully dewater the unique
soil conditions present at this emergency installation.
We designed, bid and oversaw installation of an eductor
dewatering system to provide a dewatered area for boring
beneath a road. We installed two 250 linear foot eductor
systems to permit the boring to be completed without
compromising the stability of the road.
Estimated project value: $75k
Flour Petroleum Weilpoants
Beaumont, TX
This active project includes two potential phases. In
phase one, we are testing the feasibility of using wellpoint
dewatering to lower the sodium chloride content present
in the anhydrite pond material If successful, phase two will
include a full-scale, turnkey installation of several welipoint
systems to pump across the entire extent of the brine filter
pond.
Estimated project value: Up to $1 million
0P4EFISINC)
Project References:
V 810 bbB,5412
O 81O65378;8
www.mersino.com
1.) Project: Olmstead Lock & Dam LBA Installation
Location: Olmstead, Illinois
Project Contact: Wade Miller with AECOM
Phone Number 270-559-3776
Similar Requirements: This project required unique installation techniques to administer proper dewatering on the
project. We were chosen because our bid and technical submission was the only bid that indicated the RFQ was fully
understood. Olmstead Dam replaced two of the original locks and dams that were completed in 1929, and it was the
last dam in the system to provide a year-round channel for navigation that begins at Pittsburgh, Pennsylvania and
ends in Cairo, Illinois. The darn was built in an "in -the -wet" method to minimize impacts to river traffic and the
environment. This project is similar in requirements because it too required design considerations for achieve
dewatering success.
2.) Project: Ann Arbor Wastewater Treatment Plant (WWTP)
Location: Ann Arbor, Michigan
Project Contact: Chris Klaff with Walsh Construction
Phone Number 313-218-3468
Similar Requirements: Due to artesian pressures of up to 20 feet above ground surface at the project site in
conjunction with the proposed excavation depth, Mersino proposed depressurization systems consisting of 24 deep
wells to varying depths throughout the site for plant improvements and renovations. This project is similar in
requirements because in order to properly design the wells and filter materials, Mersino also provided geotechnical
investigation services, from which samples were analyzed and results were used to design the wells prior to
installation.
3.) Project: Anhydrite Pond #9 Chlorides Wash
Location: Winnie, Texas
Project Contact: Bill Bottomley with Fluor Federal Petroleum Operations, LLC
Phone Number: 504-734-4304
Similar Requirements: The Big Hill Federal Oil Reserve Station was built on a salt deposit near Winnie, Texas.
Contractors used high pressure water to `cavern' out the deposit to create storage capacities for the crude oil stored
on site. In the process of doing so, the wash water was brought up to surface and pumped to settling ponds. When
the #9 pond was no longer needed, the plant decided to decommission it. Texas law states the chloride deposits in
the pond would have to be reduced to an acceptable level before capping the pond. They had two choice; either
truck the material to Nebraska (the only place that would accept the material) or to try and `wash' the chloride from
the pond settlement. Mersino performed a pilot run on one of the corners of the pond in May 2016 to see if it would
meet the acceptable levels of chloride. Upon completion of the test, it was determined that Mersino was successful
and met the levels set forth by the state. Once the test was determined a success, Flour granted Mersino the
contract extension to complete the entire pond. Mersino installed 700 wellpoints throughout the pond and has now
been decommissioned and is awaiting final results of testing for compliance with Texas regulations. This project is
similar in requirements because it required Mersino to get creative in designing and executing systems for this
special application.
1 0 1 6.' E ( O L AT E RDAVSSON 4 8 4 2 3
LARGEST COMPLETED
(:0 NTRACT 1O -DATE
$15,OOO,OOOoo
Romeo Sinkhole II - Clinton Twp, MI
Installation of 8 vertical turbine pumps and 28
functioning deep wells to create a temporary
bypass system to keep sewage from entering
into neighboring communities,
RELEVANT PROJECT EXPERIENC
Client
Ann Arbor
Wastewater
Treatment Plant
Georgia Power
Company
The City of
Miamisburg
Fluor (FFPO)-
SPR
Location
Ann Arbor,
MI
Waynesboro
GA
Miamisburg,
OH
VVinnie,
TX
Romeo Sinkhole II Clinton Twp,
MI
Las Vegas
Wash
Channelization
Washington
Group
Las Vegas,
NV
Olmsted,
KY
'. -�..• - ...
Description
Ann Arbor Wastewater Treatment Plant
Renovations — Installed deep wells to
depressurize a confined aquifer,
Georgia Power Company — Installed a
dewatering system consisting of 27 gravity
wells 127 feet below ground surface, along
with several monitoring wells.
The City of Miamisburg --- Installed 14, 50
foot wells using 40 HP pumps to improve the
city's water reclamation facility and the
Westover pump station.
Installed 700 wellpoints in a 300 feet by 290
feet Anhydrite Settling Pond to reduce the salt
content in the soils through a series of
"flushes".
Romeo Sinkhole II- Installation of 8 vertical
turbine pumps and 28 functioning deep wells
to create a temporary bypass system to keep
sewage from entering into neighboring
communities.
Las Vegas Wash Channelization -
Installation of 40 foot deep gravity wells in
series, allowing the contractor to excavate
approximately 20 feet deep to line the existing
channel with concrete.
Seven deep wells were installed utilizing a
crane mounted vibratory hammer tocontrol
hydrostatic uplift by balancing the unwatering
and dewatering of a cofferdam located on the
Ohio River.
Contact
Chris Kiaff
313.218.3468
Tim Sullivan
814.449.5120
Jay Willen
937.228.1225
Paul Riegert
409.981.8384
Clint McDonald
248.867.2021
Bill Wellman
702..251,4891
Alex Parilli
708.832.4618
Value
$1MM
1.2MM
$440K
1.7MM
$15MM
850K
$2.6MM
KILDUFF.
UNDERGROUND`,_
ENGINEERING.INC
TODD M. KILDUFF, RE.
Engineer -Project Manager -Estimator
Mr. Kilduff has been involved in the design and construction of underground
projects for 23 years. He obtained a bachelor's of science in civil engineering
from the Ohio State University in 1996. Following graduatin he worked in
the geotechnical departnent for Malcolm Pirnie, Inc. where he supported
the geotechnical aspects of pipeline, pump station and wastewater
treatment plant projects He returned to the Virginia Polytechnic Institute
for a master's degree in geotech graduating in 2000. Mr. Kilduff is currently
pursuing a PhD at the Colorado School of Mines.
Mr. Kilduff specializes in geotechnical/underground design and construction.
He has spent about half of his working career as a design engineer on 100's
of underground projects facilitating the generation of geotechnical reports,
and preparation of construction documents for bidding purposes.
Additionally, he has served in a CM role, providing construction oversight in
the fielc, on many of those projects. The remainder of his career has been
spent as a project manager for multiple general contractors where he has
managed the cnstruction of over a dozen underground construction
projects with Contract values ranging from $5M to $70M.
On the Construction side Mr. Kilduff has worked as a Project Manager and
Estimator for nine years. He has managed large tunnel and trenchless
technology projects designed for t'e conveyance of water, wastewater,
roadway transportation and mass transit projects. Mr. Kilduff has extensive
experience in constructing tunnel support systems utilizing steel casing, rock
bolts, dowels, spites, shtcrete, steel sets and concrete linings. He has
generated and managed project schedules and budgets and is familiar with
the safety procedures required on various tunneling projects.
On the design side he has extensive experience in ground characterization of
soil and rock and predicting associated ground behaviors. His expertise
includes the planning and execution of subsurface investigations, laboratory
analysis, and geologic mapping. He has authored dozens of geotechnical
data, baseline and inte-pretive reports and has extensive experience in
designing excavation support systems (SOE), tunnel initial and final support
systems and trenchless technolgy design. He has analyzed and performed
calculations to asses' vibrations resulting from drill and blast operations and
has predicted ground surface settlements resulting from prescribed tunnel
methodologies. He is a licensed professional engineer in six states and
licensed blaster in the state of Colorado.
Mr. Kildu'ff's ability to be equally familiar with both the design and
construction aspects of underground projects has served him to provide
unique and efficient solutions on numerous underground projects.
INDUSTRY EXPERIENCE
23 years
EDUCATION
0 The Ohio State University (OSU)
B.S.C.E. - General Civil Focus
• Virginia Polytechnic institute (VPI)
M.S.C.E. - Getechnical Focus
Cit lorado School of Mines (CSM
Ph.D. —UC&T (Pending)
CERTIFICATIONS / LICENSES
O
C
PE (CO, NJ, NY, TX, WA,WY, NCEES)
Licensed Blaster, Type 1, C{
MSHA 40 -Hour Mine Safety
SHA 40 -Hour Hazardous Waste
OSHA 30 -Hour Const. Safety
OSHA 8 -Hour Confined Space
s CSM Certified Const. Documents
MEMBERSHIPS
American Society of Civil Engineers
(ASCE)
SME Underground Construction
Association (SM E -U CA)
• National Utility Contractors
Association (NUCA)
• N. American Society of Trench less
Tech. (NASTT)
• International Society of Explosive
Engineers (0SEE)
PAST E
PLOVERS
bayashi Corporation
o B rie rley Associates
• EE Cruz/Flatiron Conscsructio
• Mueser Rutledge Consulting
® Malcolm Pirnie-Arcafis
Eng.
KILDUFF
UNDERGROUND
ENGINEERING,INC
QUALWFICATWNS FOR DEWA ir,RING SYSTEM DESIGN
SUMMARY OF WUERJENCE:
Mr. Kilduff has more than 20 years' experience with the planning, design and implementation of dewatering
systems for underground projects. On the design side Mr. Kilduff has performed geotechnical investigations for
site characterization including hydrogeological evaluations for dewatering purposes. He has designed dewatering
systems for shafts, tunnels, cut and cover pipelines, and deep excavations. Utilizing soil test data, Mr. Kilduff is
experienced in performing calculations to estimate hydraulic conductivity (k), total and partial system flow (Q),
drawdown (h), and radius of influence (r). Additionally, he has evaluated project sites for potential settlement as a
result of dewatering the ground. System designs have been performed with anticipating the use of deep wells,
well points and jet educator systems as well as sump pumping. On the construction side Mr. Kilduff has worked
with reputable dewatering contractors, helped facilitate dewatering system installations and oversaw the
construction, maintenance and decommissioning of various dewatering systems.
PROJECT SU
ARIES:
Conduit 16, Central Segment, Denver Water (2019)
Client: Kelley Dewatering Date: 2019
Contact: Mr. Jason Creech (Manager)
Address:
Owner: Denver Water (Ryan Hass)
110 Plaza Southwest Gilcrest, CO 80623 Phone: (970) 817-3456
The Conduit 16 project involves the installation of approximately 7 miles of 84 -inch pipeline from Ralston Reservoir
in Golden, CO to the Moffat Water Treatment Plant (WTP) in Lakewood, CO. The Central Segment consists of x
miles of open cut trench extending from Highway 93 in Golden to Highway 58. KUE prepared individual
dewatering design submittals for 5 separate work areas for the Dewatering Contractor Kelley Dewatering and
supported the construction efforts throughout the project. Each Design consisted of deep wells with 2 to 5 HP
submersible pumps. KUE designed each system to achieve required drawdown and route flow through a header
pipe to pre -approved discharge locations. As part of the Contract, KUE was required to perform 13 soil test
borings each with observation wells to identify soil conditions, initial ground water levels and to verify required
drawdowns were achieved for each dewatering system.
Adobe Creek Darn, Bent County, CO (2018)
Client: Kelley Dewatering Date: 2018
Contact: Mr. Jason Creech (Manager) Owner: Fort Lyon Canal Company
Address: 110 Plaza Southwest Gilcrest, CO 80623 Phone: (970) 817-3456
The outlet works replacement at the Adobe Creek Dam in Bent County required a dry and stable open -cut section
with deepest portions extending 30 feet below grade. KUE was retained by the Prime Contractor Moltz
Construction and dewatering Subcontractor Kelley Dewatering to prepare design submittals for a deep well
dewatering system to achieve required drawdown of an 8-10 feet thick confined aquifer. KUE performed
calculations and determined the required spacing, screen depths, and appropriate filter pack material to dewater
the excavation.
KILDUFF
UNDERGROUND
ENGINEERING,ING
� �UAFICATIONS"> � W
Belivue WTP, Greeley, CO (2018)
Client: Hydro Excavation
EKING SYSTEM DESIGN
Date: 2018
Contact: Mr. John Mayer (Project Manager) Owner: City of Greeley, CO
Address: 77 NW Frontage Rd, Fort Collins, CO 80524 Phone: (970) 225-2211
KUE was retained by the Prime Contractor Hydro Excavation and dewatering Subcontractor Kelley Dewatering to
prepare design submittals for a deep well dewatering system to achieve required drawdowns for an approximate
25,000 SF plant expansion with deepest portions extending 25 feet below grade. KUE performed calculations and
determined the required spacing and screen depths to dewater the excavation to depths of 30 feet. KUE sized the
required header and detailed instrumentation to monitor the system.
Conduit 16 e lacemnt .Pipel9ne, Denver Water (2017-2018)
Client: Kelley Dewatering
Contact: Mr. Jason Creech (Manager)
Address: 110 Plaza Southwest Gilcrest, CO 80623
Date: 2017 - 2018
Owner: Denver Water (Ryan Hass)
Phone: (970) 817-3456
The Conduit 16 project involves the installation of approximately 7 miles of 84 -inch pipeline from Ralston Reservoir
in Golden, CO to the Moffat Water Treatment Plant (WTP) in Lakewood, CO. There are five tunnel crossings
beneath highways and railroad tracks along the alignment. The majority of the pipeline was founded in saturated
sand and gravel requiring drawdowns at shafts and open cut trench sections ranging from 5 to 30 feet. KUE
prepared dewatering design submittals on 10 separate work areas for the Dewatering Contractor Kelley
Dewatering and supported the construction efforts throughout the project. Designs mainly consisted of deep wells
with 2 to S HP submersible pumps. KUE designed each system to achieve required drawdown and route flow
through a header pipe to pre -approved discharge locations. Additional scope by KUE included the installation of
22 monitoring wells to confirm required drawdowns were achieved and for monitoring each system.
Wd e ate Pipeline, Happy Canyon Trenchkes s Crossing, City of Parer (201.7)
Client: Underground Infrastructure Technologies, Inc Date: 2016
Contact: Mr. Jeffery Rumer (President) Owner: City of Parker, CO
Address: 1208 Quail Street, Lakewood, CO 80216 Phone: (303) 258-3357
After attempts to dewater a launch shaft for a 54 -inch diameter trenchless crossing failed during Construction.
KUE was retained by the Contractor Underground Infrastructure to conduct a site investigation, perform a
hydrogeological evaluation of the site and provide recommendations to facilitate the tunnel installation. Prior to
mobilizing KUE evaluated the dewatering system already in place and back -calculated hydraulic conductivity (k) at
the site from flow measurements at the discharge line. KUE mobilized, advanced three borings and installed three
observation wells at the site. KUE collected samples for grain size analysis and performed rising and falling head
tests within the observation wells to estimate (k) and confirm estimates from the discharge line. KUE performed
calculations to evaluate the wells size and spacing that would be required to dewater the launch and reception
shaft and determined it would take deep wells with 15hp submersible pumps on 6 foot spacing to reach the
KILDUFF
UNDERGROUND.
ENGINEERING,INC
QL'AUTCATKONS FFOR DEWATERING SYSTEM DESIGN
required drawdown. These findings eventually led the Contractor and Owner to decide to re -design the shaft and
tunnel alignment at a shallower grade to avoid additional costs associated with dewatering.
Catskill (201 .2 _ )
Client:
Contact:
Address:
D'Annunzio & Sons, Inc. Date: 2015
Mr. Luis Figueiredo (Project Manager) Owner: City of Woodland, NY
3730 Park Ave, South Plainfield, NJ 07080 Phone: (732) 877-0484
KUE was retained by the Contractor D'annunzio & Sons to evaluate dewatering options for four shafts that were
constructed through glacial outwash deposits and bedrock. KUE estimated hydraulic conductivity utilizing grain
size tests and performed seepage estimates into the shafts. Due to the anticipated quantity of seepage into the
shafts it was recommended water be controlled utilizing multiple sump pits within the subgrade of each shaft.
Pumped water was discharged to a combined sewer
Tarrytown Force Main, Tarrytown, NY (20Th)
Client: Northeast Remsco
Contact: Mr. Gus Athenios
Address: 1433 NJ -34, Wall Township, NJ 07727
Date: 2015
Owner: City of Tarrytown, NY
Phone: (732) 557-6100
KUE was retained by the Contractor Northeast Remsco to evaluate potential dewatering options for open cut
trench operations. The Contractor was retained to install a 36 -inch gravity RCP sewer that ran to an upgraded
treatment facility. KUE performed flow, drawdown, well spacing and radius of influence calculations and provided
recommendations for the contractor to implement a well point dewatering system.
Poseidon Desalination Plant, Faraday Launch Shaft, Carlsbad, CA (2014)
y
Client: Kiewit-Shea Desalination JV Date: 2014
Contact:
Address:
Mr. Matthew Roberts Owner: City of Carlsbad, CA
3555 Farnam St. Omaha, NE Phone: (619) 520-4932
KUE was retained by the Contractor Kiewit to perform a geotechnical investigation at the site to facilitate shaft and
tunnel design options. As part of that scope KUE collected samples from the field, performed grain size tests and
performed rising and falling head tests within four observation wells installed at the site. The data was utilized to
perform seepage estimates into a 100 foot deep shaft that would be founded within alluvial silty sand and
cemented sand deposits. Results of the analysis led to the Contractor choosing a water tight secant pile shaft
design. Additionally, KUE performed seepage estimates into the tunnel and our analysis resulted in the selection
of a slurry microtunnel system to install a 72 -inch diameter tunnel.
KILDUFF
UNDERGROUND
ENGINEER NG,INC
Dewateril
QUALDaMCATWONS FOR DEINATERING SYSTEM DES]
Projects performed with other Firms:
GM
Twin Tunnels East: Bo nd, CONSTRUCTION, [ daho Springs, CO (2013)
While employed by others Mr. Kilduff helped procure a tunnel water collection system that would remove seepage
from rain events and nuisance water from construction operations. The systems was designed with over 1000 LF
of 12 -inch HDPE header pipe and a collection system that included three 10,000 gallon flocculation tanks and a
carbon filtration system before water was discharged into the municipal system. The was designed and procured
by the Contractor.
Meadowmere Pump Station DESIGN, NYCDEP Queens, NY (2004-2006)
While employed by others Mr. Kilduff performed a geotechnical site exploration to characterize the site
hydrogeology to evaluate dewatering system designs to facilitate the construction of eight shafts, 4000 LF of open
cut trench and a deep pump station. Following the geotechnical exploration Mr. Kilduff estimated the site
hydraulic conductivity (k) by utilizing grain size tests and by performing rising and falling head tests in ten separate
observation wells. Utilizing k, an estimate of total flow, drawdown, well spacing and radius of influence was
evaluated at each shaft and at the pump station. Dewatering designs at each shaft utilizing one deep well pump
and required a second back up well for redundancy. The pump station was designed to be dewatered with ten
submersible deep well pumps. The open cut trench was dewatered utilizing a well point system.
In addition to the dewatering system design calculations were performed by Mr. Kilduff to evaluate the time rate
of settlement for an organic clay layer that was present at the site. As a results of the high potential to impact
utilities and third party structures it was decided to minimize the section of open trench to 100 feet and utilize the
well point system which could be put into place and moved ahead to the next zone rapidly before significant
settlement would be induced by the dewatering system.
Meadow 4 ere Pump Station CONSTRUCTION, NYCDEP Queens, NY (2007-2008)
While employed by others Mr. Kilduff was the project manager with the general contractor who was contracted to
construct the pump station and new sewer project. Mr. Kilduff subcontracted Moretrench American Corporation
to install and maintain the dewatering system as previously designed by Mr. Kilduff while he was with another
firm. During construction Mr. Kilduff reviewed subcontractor submittals and oversaw the installation and
maintenance of the dewatering system. As a result of encountering contaminated groundwater Moretrench
designed a system that utilized carbon filtration and air stripping to remediate the groundwater before it was
discharged through an outfall in the Jamaica bay.
South Dam, Birmingham Water Works Board, (1999)
Mr. Kilduff was a staff engineer who helped evaluate an option to install a new low level outlet pipe by tunneling
through the embankment from the downstream side and into the dewatered reservoir. Mr. Kilduff performed
calcualtions to determine well spacing and drawdown to achieve the dewatering operation.
Hillview Res
tel
rvoir Dewatering & Maintenance, Yonkers, NY (1998)
With others, Mr. Kilduff performed a subsurface exploration and evaluated the site hydrogeology for drawdown of
the reservoir. Later, Mr. Kilduff was the on -site field engineer who oversaw the dewatering system and monitored
the a dividing wall for movement. The project required the drawdown and maintenance of the reservoir facility
(cleaning and replacement of concrete slopes and floor). The reservoir water levels were regulated with a 30 -foot
high concrete dividing wall that for the requirements of the project needed to essentially become a dam to resist
the full thirty feet of head on one side while the other side was drawdown to perform the maintenance. The
dewatering system served two purposes: (1) to drawdown groundwater to access the reservoir floor and (2) to
resist the hydrostatic pressure on the dividing wall when at full drawdown. The engineering team chose a jet
educator system to achieve the dewatering goals. Mr. Kilduff performed daily inspections on the system and
helped maintain the system at optimal capacity.
MEMORANDUM
Date: April 18, 2019
To: Rob Turf, Purchasing Manager
From: Michael Bedell, P.E., Senior Engineer
RE: Request for Proposals No. B1900063
BOCC Approval Date April 22, 2019
A proposal was received and opened on March 19, 2019 for dewatering design and construction services
associated with the WCR13/34 Intersection Improvements Project. One (1) proposal was received from
Mersino Dewatering Inc. Public Works staff reviewed the proposal and believe this vendor is well
qualified to perform the work. Weld County will be receiving grant funds from DOLA in the amount of
$1,000,000.00 associated with this road improvements project.
It is my recommendation to award the contract to Mersino Dewatering Inc. for a total amount of
$406,020.00. This work is highly specialized, and Weld County does not have the knowledge, skills, and
equipment required to perform the design and construction services requested. If this proposal is
approved by the BOCC on April 22nd, the vendor will commence the work later in the month. I will be at
the meeting to answer any questions the BOCC may have.
02713 -I lt9
Eppil.'
WELD COUNTY PURCHASING
1150 O Street, Room 107, Greeley, CO 80631
E -Mail: rturfc weldgov.com
E -Mail: reverett(weldgov.com
E-mail: cmpeters(weldgov.com
Phone: (970) 400-4216, 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: MARCH 19, 2019
REQUEST FOR: DEWATERING DESIGN & CONSTRUCTION SERVICES FOR WCR 13 & 34
DEPARTMENT: PUBLIC WORKS
BID NO: #B1900063
PRESENT DATE: MARCH 25, 2019
APPROVAL DATE: PENDING
VENDOR
MERSINO DEWATERING, INC.
10162 E. COLDWATER RD.
DAVISON, MI 48423
Public Works is reviewing the proposal.
2019-1159
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