HomeMy WebLinkAbout20141491.tiff 4 # • •
MEMORANDUM
��_GOUNTY
TO: Clerk to the Board DATE: August 11, 2014
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Agenda Q skoszl ` ootoa
RE: Weld County Road 47/SH 392 Intersection Improvements
Agreerhent for Professional Services with Atkins North America, Inc. on the WCR 47/SH 392
Intersection Design Services.
Attached are two original agreements. Please return one signed original agreement to Public
Works.
RECEIVED
M:\Francie\AGENDA memos\AgendaMlkeeedell-2.docx AU6 08
2014
WELD COUNTY
COMMISSIONERS
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & ATKINS NORTH AMERICA, INC.
WCR 47/SH 392 INTERSECTION DESIGN SERVICES
THIS AGREEMENT is made and entered into this/53ay of AeQtasf ,
2014, by and between the County of Weld, a body corporate and politic of the State a4 Colorado,
by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley,
Colorado 80631 hereinafter referred to as "County," and Atkins North America, Inc. a
corporation whose address is 4601 DTC Boulevard, Suite 700, Denver, CO 80237 hereinafter
referred to as "Contract Professional".
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.
Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Bid
Package No. B1400102". The RFP contains all of the specific requirements of County.
Exhibit B consists of Contract Professional's Response to County's Request for
Proposal. The Response confirms Contract Professional's obligations under this
Agreement.
WITNESSETH:
WHEREAS, County desires to retain Contract Professional as an independent contractor
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.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contract Professional. County hereby retains Contract
Professional, and Contract Professional hereby accepts engagement by County upon the terms
and conditions set forth in this Agreement.
2. Services to be Performed. County and Contract Professional acknowledge and
agree that each document listed above is an integral component of this Agreement, and consent
and agree that County's requirements are accurately reflected in Exhibit A and Contract
Professional's willingness and ability to meet those requirements are accurately reflected in
Exhibit B. Contract Professional acknowledges that failure to comply with any of the
requirements of Exhibit A and B may result in County's decision to withhold payment.
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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 and B.
4. Compensation.
A. Upon Contract Professional's completion of the work, County agrees to
pay Contract Professional for services performed as set forth, for an amount not to exceed
$260,000.00. Charges shall be based on the time actually spent performing the services.
B. Mileage may be reimbursed if the provisions of Exhibit A permit such
payment at the rate set forth in Exhibit A. Contract Professional shall not be paid any
other expenses unless set forth in this Agreement.
C. 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.
D. Payment for services and all related expenses under this Agreement shall
not exceed the amount set forth in Exhibits A and B.
5. Additional Work. 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 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. Independent Contractor. Contract Professional shall perform its duties
hereunder as an independent contractor and not as an employee. 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 and 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 responsibilities with regard to 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
(b) provide proof thereof when requested to do so by County.
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7. 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. This includes, but is not limited to, reports, data, plans, drawings, records and computer
files 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.
8. Termination Provisions.
A. County has the right to terminate this Agreement, 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 materials (or
services) under this Agreement beyond the time when such materials (or services)
become unsatisfactory to the Manager.
B. 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 materials 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 Manager approves in writing which
he 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,
C. 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 documents shall be the property of County. Copies of
work product incomplete at termination shall be marked "DRAFT-INCOMPLETE."
D. 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 as described herein.
9. Warranty. Contract Professional warrants that services performed under this
Agreement will be performed in a manner consistent with the professional standards governing
such services and the provisions of this Agreement. Contract Professional shall faithfully
perform the work in accordance with the standards of care, skill, training, diligence and
judgment provided by highly competent individuals and entities that perform services of a
similar nature to those described in this Agreement.
3
10. 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 its professional services. In no event shall any action by County
hereunder constitute or be construed to be a waiver by County of any breach of covenant 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; and 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, any professional services performed 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.
11. Insurance and Indemnification. Contract Professional stipulates that it has met
the insurance requirements identified in Exhibit A. 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 Contract Professional
and shall, without additional compensation, promptly remedy and correct any errors, omissions,
or other deficiencies. Contract Professional shall defend, indemnify and save harmless County,
its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions,
or claims of any type or character brought because of Contract Professional's acts, errors or
omissions in seeking to perform its obligations under this Agreement. 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
Contract Professional in its provisions of the materials required herein; or through use of
unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or
amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance,
order, or decree. County may retain as much of any moneys due Contract Professional under any
this Agreement as may be determined by it to be in the public interest. By execution of this
Agreement, Contract Professional has agreed to secure and maintain the insurance required by
the terms of Exhibit A. A failure to comply with this provision shall result in County's right to
immediately terminate this Agreement.
12. Non-Assignment. Contract Professional may not assign or transfer this
Agreement, any interest therein or claim hereunder, without the prior written approval of County.
Any attempts by Contract Professional to assign or transfer its rights hereunder without such
prior approval of 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.
13. Time of the Essence. Time is of the essence in each and all of the provisions of
this Agreement.
14. Examination of Records. Contract Professional agrees that any duly authorized
representative of County, including the County Auditor, shall, until the expiration of five (5)
4
years after the final payment under this Agreement, have access to and the right to examine and
audit any financial and non-financial books, documents, papers and records of Contract
Professional, involving all matters and/or transactions related to this Agreement.
15. 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.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above. 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 David Bauer,
Director, Weld County Department of Public Works, or his designee.
17. 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.
18. 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.
19. Entire Agreement/Modifications. This Agreement including the Exhibits
attached hereto. (each of which is specifically incorporated herein) contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
20. 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.
21. Employee Financial Interest/Conflict of Interest. C.R.S. 6&24-18-201 et seq.
and $24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement. Contract Professional has no interest and shall not acquire any
interest direct or indirect, which would in any manner or degree 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 conflict with or in any way appear to conflict with the full performance of its obligations
5
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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. Public Contracts for Services. C.R.S. $8-17.5-101. Contract Professional certifies
that Contract Professional is not an illegal immigrant. 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 and 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 Department 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 sub-contractor that
fails to certify with Contract Professional that the sub-contractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Contract Professional (a)
shall not use E-Verify Program or Department program procedures to undertake pre-employment
6
screening or job applicants while this Agreement is being performed, (b) shall notify the sub-
contractor and Weld County within three (3) days that Contract Professional has actual
knowledge that a sub-contractor is employing or contracting with an illegal alien and (c) shall
terminate the subcontract if a sub-contractor does not stop employing or contracting with the
illegal alien within three (3) days of receiving notice, and (d) 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 Department program, 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 Department 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
damages.
28. 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.
29. 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
acknowledger and agrees that a failure to meet the standards set by these publications may result
in withholding by County of some or all of the Contract Amount.
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.
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SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACT PROFESSIONAL:
ATKAA k"0,-3L, A ��tctt
By: L.c.d „z, Date A 04, 2 e i 4-
Name: Dap-tic- J
l
Title: A_ ssc ,,�L 1, . cc,. Pt,J,jc..f
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: :":4
, c�LWIC\
daft/WV ;� ugl R, ademac(-)herC,Chair
Weld County Clerk to the Board AUG 1 3 2014
BY:
Deputy Clerk the BoSlia, r //�
1161 isJ-1/4? r
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MEMORANDUM
rg6r .i�
Date: October 2, 2014
G b U_TY f To: Trevor Jiricek, Director of General Services
From: Michael Bedell, P.E., Senior Engineer
RE: Bid Request No. B1400102
BOCC Approval Date October 6, 2014
On 6/27/14 Weld County received cost proposals from five (5) consulting engineering firms for design
services for the WCR 47/SH 392 Intersection Improvements Project. These five firms had previously
submitted Statements of Qualifications and had subsequently been invited by the Selection Committee to
submit proposals which included a fee estimate.
Engineering fee estimates ranged from $244,570.00 to $350,152.00 with the lowest fee estimate
submitted by Atkins North America, Inc. Denver, Colorado. After reviewing all proposals and fee
estimates, the Selection Committee agreed that Atkins would be the recommended choice.
With the addition of Other Professional Services (OPS) amount to the fee proposal, the design contract
amount was increased to $260,000.00. It is my recommendation to award the design contract to Atkins
North America, Inc. for a total amount of $260,000.00. Weld County Public Works Department has
worked successfully with this Consultant on past projects and believe that the design contract amount is
reasonable.
10/ ao/q-Ay9/
EA 0070
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR 47/SH 392 Intersection—Design Contract Award
DEPARTMENT: PUBLIC WORKS DATE: 8/04/2014
PERSON(S) REQUESTING: Don Dunker(County Engineer). Michael Bedell (Senior Engineer)
Brief description of the problem/issue:
Public Works has completed the engineering consultant selection process associated with the design of this
project. The "best-value" selection process was followed. Five (5) qualified consultants submitted proposals
which included a design fee estimate and cost breakdown. Atkins North America, Inc. submitted a proposal
with the lowest cost.
The following staff members are involved in the selection process: Don Dunker, Elizabeth Relford, Michael
Bedell, and Trevor Jiricek. The selection committee is recommending award of a contract for engineering
services to Atkins North America, Inc. in the amount of$260,000.00. This contract amount is reasonable and
fits within the overall project budget. The overall project budget ($3,685,180) is being funded 50% by the
County and 50%by a CDOT-RAMP grant.
What options exist for the Board:
The Board can choose to approve the attached Contract for engineering services, or choose to amend or reject
the award recommendation.
Recommendation to the Board:
Public Works recommends approval of the contract to Atkins North America, Inc. If recommended, this
contract approval item will be put on the next available meeting agenda. If approved, the design will start in
August, 2014.
Approve Schedule
Recommendation Work Session Comments
Douglas Rademacher, Chair 'i
Barbara Kirkmeyer
Sean P. Conway
Mike Freeman r/1&
William F. Garcia wl,
Attachments: Atkins Design Contract
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO 80631
E-mail: mwalters@co.weld.co.us
E-mail: reverett(a).co.weld.co.us
M ' Lr II , �' `` Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: MAY 15114, 2014
REQUEST FOR: RFQ-WCR 47/SH392 INTERSECTION IMPROVEMENTS
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #81400102
PRESENT DATE: MAY 19TH, 2014
APPROVAL DATE: WILL BE DETERMINED AFTER WORK SESSION WITH THE BOARD
VENDORS
CENTENNIAL ENGINEERING INC OLSSON ASSOCIATES
5420 WARD RD STE 125 5285 MCWHINNEY BLVD STE 160
ARVADA CO 80002 LOVELAND CO 80638
ATKINS DREXEL BARRELL & CO
4601 DTC BLVD STE 700 1800 381" ST
DENVER CO 80237 BOULDER CO 80301
FELSBURG HOLT & ULLEVIG AVI PROFESSIONAL CORP
6300 S SYRACUSE WAY STE 600 1103 OLD TOWN LANE STE 101
CENTENNIAL CO 80111 CHEYENNE WY 82009
SHORT ELLIOT HENDRICKSON INC (SHE) ICON ENGINEERING INC
CENTER TOWER ONE 8100 S AKRON ST STE 300
2000 SOUTH COLO BLVD STE 6000 CENTENNIAL CO 80112
DENVER CO 80222-7938
ANTICIPATED SCHEDULE:
• RFQ Advertisement Issued May 2, 2014
• Consultant Qualifications Due May 15, 2014 (10:00 AM)
• Consultant Shortlist May 30, 2014
• RFP and Pre-Proposal Meeting June 6, 2014
• Consultant Proposals/Costs Due June 20, 2014
• Consultant Selection June 27, 2014
2014-1491
�9 Goo�D
Rafaela Martinez
From: Marcia Walters
Sent: Thursday, October 02, 2014 11:18 AM
To: Rafaela Martinez; Susan Brown
Cc: Esther Gesick; Trevor Jiricek; Mike Bedell
Subject: RFQ #B1400102
Attachments: WCR 47-392 INTERSECTION IMPRVMTS-102.docx; WCR 47-392-2ND SUBMIT-
INTERSEC IMPRVMTS-102.docx; WCR 47-SH392 INTERSECTION IMPRVMNTS-102.pdf
Can you please add this RFQ to Monday's agenda (10/6/14). This should be on the bid portion as an approval and also
on the consent portion. I received the agreement for the RFQ/RFP already from you that was on the 8/13 agenda. I
talked with Esther and she mentioned she would like it on both portions so we keep consistent with procedures. See
attached. I will be getting an approval letter from Mike Bedell/PWD and will forward that to you. Thanks! Please call if
you have any questions.
Marcia Walters
Weld County Purchasing
1150"O"Street
Greeley CO 80631
970-356-4000 x4223
970-336-7226(fax)
.
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