HomeMy WebLinkAbout20141363.tiff ^��1861L
MEMORANDUM
G 0 N r 2_, TO: Clerk to the Board DATE: June 4, 2014
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Agenda
RE:
Bid #B1400079
Doc #2014-1363
Agreement for Professional Services with Geocal for construction inspection for the WCR 49/SH
34 Intersection Improvement and the WCR 49 Extension Projects.
Attached are two signed original Agreements. .
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & GEOCAL
THIS AGREEMENT is made and entered into this 19th day of May, 2014 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 GEOCAL, INC., a Colorado
corporation whose address is 7290 South Fraser Street, Centennial, CO 80112, hereinafter
referred to as "Contract Professional".
Introduction.
This Agreement is entered into by Weld County to secure professional engineering
services to assist in Weld County's construction inspection for the WCR 49/SH 34
Intersection Improvements and the WCR 49 Extension projects.
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 and are
specifically incorporated herein by this reference.
Exhibit A consists of County's Bid Request No. B1400079. The bid request contains
all of the general requirements of County.
Exhibit B consists of Contract Professional's Response to County's bid request. 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 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
PROFESSIONAL ENGINEERING SERVICES AGREEMENT Page I
Exhibit B. Contract Professional acknowledges that any form requiring completion shall be
completed to the satisfaction of County at the time and in the manner required by County.
Contract Professional further acknowledges that a failure to comply with the standards and
requirements of Exhibits A and B may result in County's decision to withhold payment or to
terminate this Agreement. Contract Professional acknowledges that County's award of the bid is
predicated in part upon Contract Professional's agreement to provide the services within the time
set forth in Exhibits A and B, and that a failure to provide those services within that time may
result in County's refusal to pay the Compensation.
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. County agrees to pay Contract Professional for services performed as
established in Exhibit B. Charges shall be based on the time actually spent performing
the services.
B. Payment to Contract Professional will be made only upon presentation of
a proper claim by Contract Professional, itemizing services performed.
C. Payment for services and all related expenses under this Agreement shall
not exceed the amount set forth in Exhibit B ($596,500.00) without prior written
approval.
5. Additional Work. In the event 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 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 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. Neither Contract Professional nor any agent or employee of Contract
Professional shall be deemed to be an agent or employee of County. 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
PROFESSIONAL.ENGINEERING SERVICES AGREEMENT Page 2
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.
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 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 County.
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 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.
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 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."
PROFESSIONAL ENGINEERING SERVICES AGREEMENT Page 3
D. Upon termination of this Agreement by County, Contract Professional
shall have no claim of any kind whatsoever against 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 including Exhibits A and B.
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 the 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 County of, or payment for, any services performed
under this Agreement shall not be construed as a waiver of any of County's rights under this
Agreement or under the law generally.
11. Insurance and Indemnification. 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 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 negligence in the performance of its obligations under this
Agreement 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. By execution
of this Agreement, Contract Professional has agreed to secure and maintain the insurance
required by the terms of herein. 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
PROFESSIONAL ENGINEERING SERVICES AGREEMENT Page 4
prior written consent of 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.
13. Time of the Essence. Time is of the essence in each and all of the provisions of
this Agreement.
14. Examination of Records. Beginning ninety (90) days after County makes final
payment under this Agreement, County shall have access to Contract Professional's financial
records as they relate to this Agreement for purposes of audit. Contract Professional agrees that
any duly authorized representative of County, including the County Auditor, shall, until the
expiration of five (5) years after the final payment under this Agreement, have access to and the
right to examine and audit any books, documents, papers and records of Contract Professional,
involving 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
referenced (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.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT Page 5
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. By execution of this Agreement, County does not warrant that funds
will be available to fund this Agreement beyond the current fiscal year. 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. $$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
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.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT Page 6
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
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. 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.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT Page 7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written
above.
CONTRACT PROFESSIONAL:
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0000000000The foregoing instrument was acknowledged before me this /Ph day of IAA o , , 2014, by
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RAFAELA ALICIA MARTINEZ N try Public �l
NOTARY PUBLIC
STATE OF COLORADO BOARD OF COUNTY COMMISSIONERS
NOTARY ID 20144002878 WELD COUNTY, COLORADO
MY COMMISSION EXPIRES JANUARY 22,2018
ATTEST:
di C( do; t Doug as ademacher, air
11
Weld County Clerk to the B and �4 s(LaJUN 2014 BY: It Deputy Cl•'to the Board It61 Fl �'4�
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT Page 8
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MEMORANDUM
Date: May 8, 2014
_G O U NI T Y - To: Trevor Jiricek, Director of General Services
From: Michael Bedell, P.E., Senior Engineer
RE: Bid Request No. B1400079
BOCC Approval Date May 19, 2014
Bids were received and opened on May I, 2014 for consultant provided construction inspection services
for the upcoming WCR 49 Extension project. Six (6) bids were received ranging from $555,000.00 to
$765,000.00. My Engineer's estimate for the bid amount was $785,000.00. Attached is the bid tabulation
for your information.
Six of our Public Works staff members reviewed all of the bids. Everyone agreed that the apparent low
bid submitted by ZGL Engineering Services did not meet the minimum criteria specified in our bid
documents. ZGL Engineering Services failed to supply evidence that their proposed staff had the specific
qualifications and certifications we required. We unanimously agreed that this consultant should not be
considered for contract award.
The second lowest cost (596,500.00) was provided by Geocal. Their submittal did include all the
necessary evidence of specific qualifications and certifications we required. The six Public Works staff
which reviewed the bid submittals agreed that Geocal has provided a responsive and acceptable bid. We
have not worked with this company mainly because these types of services are not often required by the
Public Works Department. The submittal from Geocal included multiple similar projects which the
proposed Project Engineer and Inspectors have successfully completed in northern Colorado, including
multiple projects completed for CDOT.
It is my recommendation to award the construction inspection services to Geocal for a total amount
of$596,500.00. Construction of the project is anticipated to begin in June, 2014 with completion of the
project in August, 2015.
EGo07o
WELD COUNTY PURCHASING
' �' __ 1150 0 Street Room #107, Greeley CO 80631
') ! _ �� E-mail: mwalters(a.co.weld.co.us
E-mail: reverettanco.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
cQuNT z Fax: (970) 336-7226
DATE OF BID: MAY 1ST, 2014
REQUEST FOR: WCR 49 EXTENSION CONSTRUCTION
INSPECTION SERVICES
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #61400079
PRESENT DATE: MAY 5, 2014
APPROVAL DATE: MAY 19'2014
TOTAL
VENDORS PROJECT COST
ZGL ENGINEERING SERVICES INC $555.000.00
A COLORADO CORPORATION
14039 E JEWELL AVENUE
AURORA CO 80012
GEOCAL $596,500.00
7290 SOUTH FRASER ST
CENTENNIAL CO 80112
AMEC ENVIRONMENT & INFRASTRUCTURE INC $630,625.00
2000 SOUTH COLO BLVD SUITE 2-1000
DENVER CO 80222
JR ENGINEERING LLC $635,000.00
2900 S COLLEGE AVE SUITE 3D
FT COLLINS CO 80525
ATKINS NORTH AMERICA INC $733,500.00
4601 DRC BOULEVARD SUITE 700
DENVER CO 80237
EMPIRE MANAGEMENT INC $765,000.00
A COLORADO CORPORATION
P O BOX 7447
LOVELAND CO 80537
*THE ENGINEER'S ESTIMATE IS $785,000.00
THIS PROJECT CONSISTS OF TOTAL COSTS FOR A PROJECT ENGINEER, SENIOR CONSTRUCTION
INSPECTOR, AND A JUNIOR CONSTRUCTION INSPECTOR. THE TOTAL ESTIMATED HOURS WERE
2,000 TO 2,500 HOURS.
THE PUBLIC WORKS DEPT IS REVIEWING THE BIDS AT THIS TIME. 2014-1363
3/5 C60070 60070
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