HomeMy WebLinkAbout20180152.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR REMODEL DESIGN
SERVICES AND AUTHORIZE CHAIR TO SIGN - ROBERT SHREVE ARCHITECTS
AND PLANNERS, INC. (RSAP)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Professional Services
for Remodel Design Services between the County of Weld, State of Colorado, by and through the
Board of County Commissioners crf Weld County, on behalf of the Department of Buildings and
Grounds, and Robert Shreve Architects and Planners, Inc., (RSAP), commencing upon full
execution of signatures, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Professional Services for Remodel Design Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and
Robert Shreve Architects and Planners, Inc., (RSAP) be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of January, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ia:e'M) .Jedato•ir.
Weld County Clerk to the Board
BY:
Deputy aerk to the B
APP:. ED
ounty Attorney
Date of signature: O - 3!- I $
Steve Moreno, Chair
B rbara Kirkmeyer Pro-Tem
c:c = faC,CTT(iC9)
OS -15-1
2018-0152
BG0020
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
January 5, 2018
To: Board of County Commissioners
From: Toby Taylor
Subject: B&G Remodel Design Services
Through the informal bid process, Buildings and Grounds sought quotes from three vendors to
perform design services for the remodel of the Buildings and Grounds building. The results of
the informal bids are:
RSAP for $4,400
C2D Architects for $9,620
Markley Designs for $6,220
The low bid was from Robert Shreve Architects and Planners (RSAP) and meets specifications.
Therefore, Buildings & Grounds is recommending the bid be awarded to RSAP for $4,400.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
/IO
2018-0152
3Goo O
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & RSAP
DESIGN SERVICES/ 1105 H ST.
THIS AGREEMENT is made and entered into this �O day of , 201, by and between the
County of Weld, a body corporate and politic of the State of Cobra , by and hrough its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County,"
and RSAP who whose address is 801 8th Street Greeley, CO 80631, 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
WHEREAS, 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
define the performance obligations of Contract Professional and Contract Professional's willingness and ability
to meet those requirements.
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.
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
Exhibits A.
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 by either party at any time with 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.
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. for adjustment hereunder must be made in writing prior to performance of
any work covered in the 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,
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and County's acceptance of the same, County agrees to pay an amount no greater than $4,400.00 which is the
bid. 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 Buildings & Grounds, County will not withhold any taxes from monies paid to the Contract Professional
hereunder and Contract Professional 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.
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.
8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in
reliance upon the particular 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.
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 or not such materials are in completed form, shall
at all times 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., with regard to 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. Standard of Care. 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 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 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. Weld County and the State must be named as additional insured on the
Commercial General Liability policies (leases and construction contracts require additional insured coverage for
completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). 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 keep the required insurance coverage in force at all times 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. Should any of the above -
described policies by canceled or should any coverage be reduced before the expiration date thereof, the Contract
Professional shall send written notice to the Weld County Director of General Services by certified mail, return
receipt requested. Such written notice shall be sent within thirty (30) days upon receipt of such cancellation from
carrier or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If
any policy is in excess of 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 coverage's 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 sufficient 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 sufficient
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 indemnify and hold harmless County, its officers, and
employees, from and against injury, loss damage, or liability of Contract Professional arising out of the work
done in fulfillment of the terms of this Contract, to the extent caused by a negligent act, error, or omission, or on
account of any 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 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 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. 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, 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.
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.
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 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 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 Buildings & Grounds, or his designee.
Notification Information:
Contract Professional: RSAP
Attn.: Robert Shreve, Owner
Address: 801 8th Street #120
Address: Greeley, CO 80631
E-mail:
Facsimile:
County:
Name: Toby Taylor
Position: Director of Buildings and Grounds
Address: 1105 H Street
Address: Greeley, CO 80632
E-mail: ttaylor@co.weld.co.us
Facsimile: 970-304-6532
18. Compliance with Law. Contract Professional shall 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 in
any business or personal activities or practices or maintain any relationships which actually 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.
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 an 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.
29. Compliance with Davis -Bacon Wage Rates. Contract Professional understands and agrees that, if required
the work shall be in compliance with the Davis- Bacon Wage Rates.
30. 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. 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.
31. 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.
32. 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.
jiA
IN WITNESS VXITEREOF, the parties hereto have signed this Agreement this iv day of
2011.
CONTRACT PROFESSIONAL:
By:
Name: _-
Title: _ l?„N,
r _ ^
Date t 4- 1
WELD C TY• C�
ATTEST: d1J v•jeL
•
Weld C u ty lerk to the Boar
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Cl to
Moreno, Chair
APPROVED AS TO FUNDING: OVED AS TO SUBSTANCE:
Controller Official or Department Head
APPROVED AS O FORM:
Co Attorney .
02018- /‘,L
Exhibit A
Description of Deliverables by Phase
A. Architectural- Layout Programing and Schematic Design
1. Review Client's design requirements to generate a preliminary layout
B. Design Development - 50% Construction Documents
1. Architectural drawings demonstrating intended spatial room layouts and type ofconstruction
2. Deliverables
a. Initial Design: Room layout
b. Code Analysis.
c. Schematic Details as necessary.
e. Drawings showing locations for the following:
1) Major Mechanical and Electrical Equipment with in the building envelope
2) New windows and doors, if any
3) Schematic Plan layout
C. 75% Construction Drawings
1. Drawings that represent the scope of work, type of construction, details and layout design
D. 90% Construction Documents
1. When authorized by the Contracting Party, the design team shall prepare, from the Previous Phase
Documents approved by the Owner and confirmed by the Contracting Party, Drawings and
Specifications setting forth in detail the requirements for the construction of This Part of the Project, all
of which are to be approved by the Owner and Contracting Party.
2. Deliverables:
a. Legend and General Notes Drawing.
b. Door, Window, Hardware and Schedules as necessary.
c. Construction Detail Sheet.
d. Pre -final (Not for construction) Drawings and Specifications (on drawings)
C. 100% Construction Documents
1. Deliverables: The design team shall prepare the Drawings and Specifications in PDF format.
Copies of data and drawing files shall be subject to compliance with our License and Release
Agreement.
2. The design team shall assist the Contracting Party as necessary in connection with the Owner's
responsibility for filing the documents concerning This Part of the Project required for the
approval of governmental authorities having jurisdiction over the Project.
.A al
RCERTIFICATE OF LIABILITY INSURANCE
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