HomeMy WebLinkAboutC80-013 Addendum to Contract with Isbill for Apron Overlay at AirportISBILL ASSOCIATES, INC. STAPLETON INTERNATIONAL AIRPORT ® DENVER, COLORADO 80207 • July 7, 1980 Mr. Dale Grant, Chairman Board of County Commissioners P. O. Box 850 Eagle, Colorado 81631 Subject: Eagle County Airport Engineering Proposal for Nonfederal Development Item Apron Overlay Dear Mr. Grant: (303) 388-2414 IAI-850A We are pleased to submit this proposal for providing engineering services for improvements to the Eagle County Airport. We propose to prepare detailed engineering Plans, Specifications, and Contract Documents to include but not limited to the following items of development. 1. Overlay Apron Area and Widen Taxiways. In addition to the engineering design we will provide field inspection, project coordination, and materials testing. Isbill Associates, Inc., represent that they are qualified to furnish the services described herein and that the work will be accomplished under the direction of a registered professional engineer. For the above cited services Eagle County shall reimburse Isbill Associates, Inc., $4,546.50 (seven percent of the construction cost) for detailed engineering and $3,247.50 (five percent of the construction cost) for field inspection. The construction cost is $64,952.63 as shown on the attached Summary of Project Costs. Detailed engineering shall be paid: 90 percent at the time of approval of Award of Contract to the Contractor by the Sponsor; the final ten percent at the time construction is complete. Field inspection shall be paid on a monthly cumulative basis, based on percent- age of construction completed to date less ten percent. The final ten percent shall be due when final inspection has been completed. AIRPORT CONSULTANTS ® ENGINEERS AN EQUAL OPPORTUNITY EMPLOYER Mr. Grant July 7, 1980 Page Two If this agreement is acceptable, please sign below, retain the original for your files and return one copy to this office. Thank you for your consideration in this matter. Respectfully submitted, Isbill sso to Inc. 7z 9 H. G. Isbill HGI/dsh Approved Dafi Dale Grant Chairman, Eagle County Board of County Commissioners ADDENDUM (To that certain contract between the County of Eagle and Isbill Associates, Inc. for Improvements to the Eagle County Airport dated _ "?Z'l, 1930.) The provisions contained within this addendum are hereby made a part of that certain contract between the County of Eagle, State of Colorado, hereinafter called the "Sponsor", and Isbill Associates, Inc., hereinafter called the "Engineer", for Improvements to the Eagle County Airport dated 1980, as though set forth in full therein, and the parties hereto pressly agree that in the event of any conflict, inconsistency, or incongruity between the provisions of this addendum and any of the provisions of that certain contract referred herein, the provisions of this addendum shall in al.l respects govern and control. For and in consideration of the mutual covenants, conditions, and promises contained herein and in that certain contract referred to herein, the parties hereto agree to modify, alter and change said contract as follows: 1. Paragraph II (Part C), entitled "Change of Scope" is hereby amended by the addition of the following: It is further mutually agreed that any change in the scope of the project as outlined in Paragraph I, or the services outlined in Paragraph II, in Parts A and 6 and/or delays (including completion of the work in more than one project), by the Engineer resulting in extra expense to the Sponsor shall be considered beyond the normal scope of this contract. At the time Engineer anticipates such a change in the scope of this contract, Engineer shall submit it's proposal for such work change to Sponsor for it's approval. If the Sponsor approves of such change, payment to the Engineer for such work because of the change in scope of the project shall be negotiated °- and it shall be mutually agreed to by amending this contract prior to the commencement of any such work change. The failure of Engineer to give it's proposal at the time of the anticipated change to the Sponsor shall constitute a waiver of Engineer's right to thereafter seek reimbursement for any such alleged additional expense. 2. Paragraph IV is hereby amended by the addition of the following: 6. The terms of this contract is expressly contingent upon the pro- curement and availability of federal funds. If. such federal funds are not procured and/or available through no fault of the respective parties hereto, this contract may be terminated by either party. 7. Since the terms of this contract is for the purpose of providing 0 engineering services only, the provisions of Sections 38-26-105 and 38-26-106, respectively, C.R.S. 1973, as amended, are in- applicable and a performance bond and payment bond shall not be required. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this day of 1980. ATTEST: Py `rk of i • . C ounty Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and through it's BOARD OF COUNTY COMMISSIONERS By : Aj `J', Dale F. Grant, Chairman ISBILL ASSOCIA ES, INC. By: resp e t Isbill Associates, Inc. ADDENDUM (To that certain contract between the County of Eagle and Isbill Associates, Inc. for Improvements to the Eagle County Airport dated �, 1980.) The provisions contained within this addendurn are hereby made a part of that certain contract between the County of Eagle, State of Colorado, hereinafter called the "Sponsor", and Isbill Associates, Inc., hereinafter called the "Engineer", for Improvements to the Eagle County Airport dated 7i7 o7 , 1980, as though set forth in full therein, and the parties hereto e ressly agree that in the event of any conflict, inconsistency, or incongruity between the provisions of this addendum and any of the provisions of that certain contract referred herein, the provisions of this addendum shall in al.l respects govern and control. For and in consideration of the mutual covenants, conditions, and promises contained herein and in that certain contract referred to herein, the parties hereto agree to modify, alter and change said contract as follows: 1. Paragraph II (Part C), entitled "Change of Scope" is hereby amended by the addition of the following: It is further mutually agreed that any change in the scope of the project as outlined in Paragraph I, or the services outlined in Paragraph II, in Parts A and 6 and/or delays (including completion of the work in more than one project), by the Engineer resulting in extra expense to the Sponsor shall be considered beyond the normal scope of this contract. At the time Engineer anticipates such a change in the scope of this contract, Engineer shall submit it's proposal for such work change to Sponsor for it's approval. If the Sponsor approves of such change, payment to the Engineer for such work because of the change in scope of the project shall be negotiated and it shall be mutually agreed to by amending this contract prior to the commencement of any such work change. The failure of Engineer to give it's proposal at the time of the anticipated change to the Sponsor shall constitute a waiver of Engineer's right to thereafter seek reimbursement for any such alleged additional expense. 2. Paragraph IU is hereby amended by the addition of the following: 6. The terms of this contract is expressly contingent upon the pro- curement and availability of federal funds. If such federal funds are not procured and/or available through no fault of the respective parties hereto, this contract may be terminated by either party. 7. Since the terms of this contract is for the purpose of providing r ADDENDUM (To that certain contract between the County of Eagle and Isbill Associates, Inc. for Improvements to the Eagle County Airport dated �, 1980.) The provisions contained within this addendurn are hereby made a part of that certain contract between the County of Eagle, State of Colorado, hereinafter called the "Sponsor", and Isbill Associates, Inc., hereinafter called the "Engineer", for Improvements to the Eagle County Airport dated 7i7 o7 , 1980, as though set forth in full therein, and the parties hereto e ressly agree that in the event of any conflict, inconsistency, or incongruity between the provisions of this addendum and any of the provisions of that certain contract referred herein, the provisions of this addendum shall in al.l respects govern and control. For and in consideration of the mutual covenants, conditions, and promises contained herein and in that certain contract referred to herein, the parties hereto agree to modify, alter and change said contract as follows: 1. Paragraph II (Part C), entitled "Change of Scope" is hereby amended by the addition of the following: It is further mutually agreed that any change in the scope of the project as outlined in Paragraph I, or the services outlined in Paragraph II, in Parts A and 6 and/or delays (including completion of the work in more than one project), by the Engineer resulting in extra expense to the Sponsor shall be considered beyond the normal scope of this contract. At the time Engineer anticipates such a change in the scope of this contract, Engineer shall submit it's proposal for such work change to Sponsor for it's approval. If the Sponsor approves of such change, payment to the Engineer for such work because of the change in scope of the project shall be negotiated and it shall be mutually agreed to by amending this contract prior to the commencement of any such work change. The failure of Engineer to give it's proposal at the time of the anticipated change to the Sponsor shall constitute a waiver of Engineer's right to thereafter seek reimbursement for any such alleged additional expense. 2. Paragraph IU is hereby amended by the addition of the following: 6. The terms of this contract is expressly contingent upon the pro- curement and availability of federal funds. If such federal funds are not procured and/or available through no fault of the respective parties hereto, this contract may be terminated by either party. 7. Since the terms of this contract is for the purpose of providing engineering services only, the provisions of Sections 38-26-105 and 38-26-106, respectively, C.R.S. 1973, as amended, are in- applicable and a performance bond and payment bond shall not be required. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this V�7-4� day of -22U4 1980. f, ATTEST: Y C1k of the Board unty Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and through it's BOARD OF COUNTY COMMISSIONERS By Dale F. lrnt�,Cha�irman���� ISBILL ASSOCIATES, I By: rest en Isbill Associates, Inc. Job # 850A ADAP Project No. 6-08-0020-01 CONTRACT The County of Eagle, Colorado, hereinafter called the "Sponsor," agrees to employ the firm of Isbill Associates, Inc., hereinafter called the "Engineer's to perform the engineering services as outlined below for the project known as Improvements to the Eagle County Airport. I. The scope of work contemplated under this agreement is for the improve- ments to the Eagle County Airport. Said improvements will include, but are not limited to, the following items: 1. Overlay Runway 8/26. 2. Overlay Connecting Taxiways and Apron 3. Replace Rotating Lighted Beacon. II. The Engineer's services rendered for the above described scope of work will be in the following steps: PART A - BASIC SERVICES (PREAPPLICATION AND DESIGN ENGINEERING) 1. Assist the Sponsor in the preparation of the preapplica- tion. Prepare the Program Sketch and Engineers Esti- mate and assist the Sponsor with the Project Evaluation, Displaced Persons Statement, Environmental Impact Assessment and State and Regional reviews as required; 2. Review existing airport drawings as applicable to this project to determine the effect of existing facilities on project design; 3. Prepare preliminary plans, specifications, contract docu- ments and cost estimates for the design, to be approved by the Sponsor and the FAA; _. 4. Provide Acceptable Airport Layout Plan and associated drawings; 5. Prepare and submit final plans, specifications and con- tract documents to be approved by the Sponsor and the FAA prior to advertising for bids; Page 1 of 8 (7) C 6. Prepare a Design Engineer's Report, including pavement design, estimates of final quantities and construction costs that will be submitted at the time of submittal of final plans and specifications to the Sponsor and the FAA; 7. Coordinate establishment of bid proposals into sched- ules to allow flexibility of award to match the funds available; 8. Prepare, or assist in the preparation of, the Application for Federal Funds and the Exhibit "A"; 9. Assist with the bid opening, processing of bid documents and make recommendations to the Sponsor; 10. The Engineer shall prepare all addition and deletion change orders and supplemental agreements as required. After acceptance by the Contractor, copies will be sub- mitted to the Sponsor and the FAA for approval before proceeding with the work; 11. The Engineer shall prepare periodic estimates during the construction of the Project and shall prepare the final estimate when the work is completed. Periodic estimates shall be submitted regularly to the Sponsor for concurrence and submittal to FAA for Federal participation payments. The Engineer will assist in preparation of federal payment requests; 12. The Engineer shall review and submit weekly contrac- tor's payrolls, check shop drawings and construction submittals; prepare and maintain necesary records of construction progress; 13. When the project has been completed and is ready for final acceptance, the Engineer shall arrange for inspec- tion of the finished work by the FAA, the Sponsor the Contractor and the Engineer, following which the final estimate for the work will be considered by the Sponsor; 14. Upon acceptance of the project, the Engineer shall pre e pare the "As Built" drawings and construction engineering report and shall provide the Sponsor with one (1) set of reproducible "As Built" drawings. Page 2 of 8 PART B - SPECIAL SERVICES (FIELD ENGINEERING) 1. Provide pavement and subsurface investigations and topographic surveys of proposed construction areas as required for design purposes; 2. Provide complete resident engineering supervision of the construction work with sufficient qualified inspectors who shall be present during all construction operations to assure that construction is accomplished in accordance with the plans and specifications. It is expressly under- stood that the term "engineering supervision" does not mean that the Engineer will assume any responsibility that usurps or replaces the duties and authority of a Construction Superintendent or other Contractor agent in responsible charge of the construction operation. The Engineer, in carrying out his responsibilities for engineering supervision shall guard the Sponsor against defects and deficiencies in the permanent work con- structed by the Contractor, but does not guarantee the performance of the Contractor. The Engineer shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the construction work. The Engineer is not responsible for construction means, methods, techniques, sequences or procedures, time of performance, programs or for any safety precautions in connection with the construc- tion work. The above disclaimers do not in any way abrogate the responsibility of the Engineer as agent for the Sponsor to exercise technical competence, exper- tise, skill and engineering judgment to insure that the Contractor's construction products are provided in accor- dance with the construction contract documents. The Engineer shall issue such instructions to the Contractor's construction superintendent as are necessary to protect the Sponsor's interests to the same extent as would the Sponsor himself if he were present and equipped with the requisite knowledge, skill, competence, expertise, and engineering judgment. The authority of the Engi- neer, as an agent of the Sponsor, is detailed in Section 50, paragraph 50-01 and 50-02 of the construction con- tract, and that authority governs. The Engineer or his engineering supervision representative shall not know- ingly refuse to exercise that authority; 3. The Engineer shall provide qualified technicians to per- form all tests, in the field and the laboratory, as required, in proper time and in sufficient number to assure con- truction in accordance with the plans and specifications. Copies of all test reports will be furnished to the Sponsor and the FAA. The results shall be available the day they are taken; Page 3 of 8 4.DEngineer shall act as the Sponsor' Fent during construction to protect the Sponsor's interest and shall have the authority to stop construction if not in accor- dance with the plans and specifications. The Engineer will furnish the Sponsor and the FAA a weekly construc- tion progress and inspection report. PART C - CHANGE OF SCOPE It is mutually agreed that any change in the scope of the project as outlined in Paragraph I, or the services outlined in Paragraph II, in Parts A and B and/or delays (including completion of the work in more than one project), by the Sponsor resulting in extra expense to the Engineer shall be considered beyond the normal scope of this contract. In addi- tion to the foregoing services, the Sponsor may require addi- tional services such as Property Surveys, Descriptions of Land, Easements, Redesign or Major Changes of the concept after final plans o. concepts have been approved by the FAA. Payment to the Engineer for such work because of the change in scope of the project shall be negotiated at the time of the anticipated change and it shall be mutually agreed to by amending this contract. III. The Engineer further agrees that: I. The Sponsor, the Federal Aviation Administration, and the Comp- troller General of the United States or any of their designated representatives shall have access to any books, documents, papers and records of the Engineer which are directly pertinent to the grant program for the purpose of making audit, examination, excerpts, and transcriptions; 2. The Engineer has formulated, adopted, and actively maintains an affirmative action plan in compliance with Executive Order No. 11246 entitled, "Equal Employment Opportunity." The Engi- neer does not discriminate on the basis of race, color, religion, creed, rational origex, or age. Goals and targets are specified in the affirmative atlon plan to assure its implementation; 3. All services performed shall be in conformance with any and all applicable rules and regulations of the Federal Aviation Administration. 4. The Engineer assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Engineer assures that no person shall be excluded on these grounds from participating. in or receiving the services or benefits of any program or activity covered by this subpart. The Engineer assures that it will require that its covered suborganizations provide assurances to the Sponsor that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. Page 4 of 8 IV. The Engineer and the Sponsor mutually agree that: 1. The Sponsor and the Engineer each bind himself, his partners, successors, assigns, and legal representatives to the other party to this contract and the partners, successors, assigns and legal representatives of such other party in respect of all covenants of this contract. Neither the Sponsor nor the Engineer shall assign, sublet, or transfer its interest in this contract without the written consent of the other; 2. This contract may be terminated by either party upon seven (7) days written notice should either party fail substantially to per- form in accordance with its terms through no fault of the other. It is also understood that any such violation or Breach of Contract is subject to legal remedies in addition to any contractual or admin- istrative measures. In the event of termination of the project, the Engineer shall be compensated for the services performed to termination date at the lump sum fee or at rates shown on the attached fee schedule if the lump sum fee is not applicable and he shall be paid only for those services performed satisfac- torily (as determined by the Sponsor) to the date of termination. Compensation shall include any reimbursable expenses then due. To this end, the Engineer shall report his work progress reason- ably often so that the work actually done for each service may be accurately determined as a percentage of the total work required for that service; 3. The original plans and specifications shall remain the property of the Engineer; however, the Sponsor will be provided one (1) set of specifications and reproducible plans whether or not the project is executed. The Sponsor may then use those plans in any manner he wishes, provided the Engineer's nameplate, logo- type, masthead, or other identification is deleted for any use outside the scope of this agreement; 4. Reasons for which this agreement may be terminated for default include --but are not limited to --inferior or uncompleted work by the Engineer, lack of diligence by either party, inability to meet specified time constraints by either party, failure of the Sponsor to provide civil, structural, mechanical or other details of systems existing at the site; 5. Reasons for which this agreement may be terminated because of circumstances beyond the control of the Engineer include -- but are not limited to--nonavailability of funds, policy decisions to abandon or postpone the work indefinitely. Page 5 of 8 a V. The Sponsor agrees that: 1. The Sponsor shall make available to the Engineer all technical _ data that is in the Sponsor's possession including maps, surveys, property descriptions, borings and other information required by the Engineer and relating to his work. 2. The Sponsor agrees to cooperate with the Engineer in the approval of all plans and specifications, or should they disapprove of any part of said plans and specifications, shall make a decision timely in order that no undue expense will be caused the Engineer because of lack of decisions. If the Engineer is caused extra drafting or other expense due to changes ordered by the Sponsor after the comple- tion and approval of the plans and specifications, the Engineer shall be equitably paid for such extra expenses and services involved. 3. The Sponsor shall pay publishing costs for advertisements of notices, public hearings, requests for bids, and other similar items; shall pay for all permits and licenses that may be required by local, state or federal authorities; and shall secure the necessary land, easements, rights-of-way required for the project. VI. The Sponsor agrees to pay the Engineer for the services listed under Paragraph II in the following manner: Part A-- BASIC SERVICES Article I. - A lump sum fee of $20,832. Method of payment shall be as follows: 30 percent due at the time of submittal of the preliminary design to the FAA; 20 percent due at the time of approval of the final construction plans and specifications by the Sponsor and the FAA; and 40 percent due after receiving a grant offer from the FAA for the matching funds. Page 6 of 8 The remaining ten percent of the fee (Part A) shall be paid at the time construction is completed for those work items actually constructed as listed in Paragraph I. However, at the Engineer's option, he may request that the Sponsor accept (in lieu of the ten percent retainage) the Engineer deposits in escrow under the following conditions: a. The Engineer shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Sponsor. b. The Engineer shall deposit to and maintain in such escrow only those securities as are acceptable to the Sponsor and having a value not less than the ten percent retainage that would c**_herwise be withheld. e. The Engineer shall enter into an escrow agreement satis- factory to the Sponsor. If work is abandoned or terminated after obtaining approval by the Sponsor and the FAA of the final construction plans and spe- cifications, the Sponsor shall reimburse up to 90 percent of the total lump sum as listed under Part A, in accordance with Article IV - 2 of this contract. Part B - SPECIAL SERVICES Article I. - A lump sum fee of $14,881. Method of payment shall be as follows: For services rendered under Part B - SPECIAL SERVICES, the Sponsor agrees to pay the Engineer on a monthly basis, a cumu- lative percentage of the lump sum fee based on the percentage of construction completed to date, less ten percent. The final ten percent of the lump sum fee shall be due and payable when the project final inspection and the construction report have been completed, and when reproducible "As Built" drawings have been submitted to the Sponsor and when the revised Airport Layout Plan has been approved by the FAA. The ten percent retainage, at the Engineer's option, shall follow the same procedures as Part A - BASIC SERVICES. The "As Built drawings and construc- tion report shall be submitted within a period of 90 days from end of construction period. This contract shall be considered completed upon audit completion. Page 7 of 8 VIL In consideration of said payment and compensation, the Engineer agrees to perform said services and work to carry out the provisions of this contract in a good and workmanlike manner and to the satis- faction of the Sponsor. VIIL If the performance of the contract involves services of others, or the furnishing of equipment, supplies or materials, the Engineer agrees to pay for the same in full. Certification that said payment has been so made will be furnished upon request. IN WITNESS HEREOF, the parties hereto have affixed their signatures this _ �"✓" day of , 1980. EAGLE COUNTY, COLORADO Board of County Commissioners By , Chairman Attest Engineer, Is'il Associates, Inc. President Isbill Associates, Inc. Page 8 of 8 g , 0� ISBILL ASSOCIATES, INC. STAPLETON INTERNATIONAL AIRPORT • DENVER, COLORADO 80207 • (303) 388-2414 FEE SCHEDULE AND BILLING PROCEDURES Principal . . . . . . . . . . . . . . . . . . . . . . . . Staff Engineer/Planner . . . . . . . . . . . . . . . ... Engineer/Planner/Construction Coordinator . . . . . . . . Construction Inspector/Materials Control . . . . . . . . . Associate Engineer/Planner . . . . . . . . . . . . . . . Draftsman . . . . . . . . . . . . . . . . . . . . . . . Surveyor . . . . . . . . . . . . . . . . . . . . . . . Rod and Chain Man . . . . . . . . . . . . . . . . 3 -Man Field Survey Crew . . . . . . . . . . . . . . 2 -Man Field Survey Crew . . . . . . . . . . . . . . Clerical . . . . . . . . . . . . . . . . . . . . . . Court Testimony . . . . . . . . . . . . . . . . . . . . $65.00/hr. 55.00/hr. 35.00/hr. 30.00/hr. 28.00/hr. 20.00/hr. 25.00/hr. 18.00/hr. 50.00/hr. 42.00/hr. 18.00/hr. 100.00/hr. (min. $300) When applicable, mileage will be billed at the rate of $0.18 per mile, and out- of-town expenses at per diem rates of $50.00 (min.) per man (or as may be otherwise negotiated). Office reproduction charges will be billed at the rate of $0.20 per copy for Xerox and $0.25 per square foot for blue line prints. Negotiated fixed fees for engineering reports, design, specifications and in- spection services shall be in accordance with the current "Percentage Compen- sation Curves" of the American Society of Civil Engineers Manuals 45 and 45a. A ten percent (10%) handling and administration charge may be added to reimbursable expenses paid for by this firm. All billing will be done monthly payable within 30 days. AIRPORT CONSULTANTS • ENGINEERS AN EQUAL OPPORTUNITY EMPLOYER 0 Job 850B ADAP Project No. 6-08-0020-01 AMENDMENT NO. 1 TO CONTRACT FOR ADDITIONAL SERVICES FOR IMPROVEMENTS TO EAGLE COUNTY AIRPORT DATED MAY 27, 1980 The County of Eagle, Colorado, hereinafter referred to as the "Sponsor," and Isbill Associates, Inc., hereinafter referred to as the "Engineer," agree to amend the contract for services dated May 27, 1980, to include Additional Services for work under ADAP Project No. 6-08-0020-01. This amendment will cover professional services required for development of a complete Airport Layout Plan Set, which is considered beyond the intended Scope of work as outlined in the engineering contract as referenced above. The following is hereby added to the contract: I. The scope work contemplated under this agreement is for the improvement to the Eagle County Airport which will include: 4. Providing a complete Airport Layout Plan Set. II. Basic Services 15. Provide Eagle County with a complete Airport Layout Plan Set consisting of Airport Layout Plan, Airport Technical Data Sheet, Obstruction and Approach Zones (Part 77), Building Area Layout Plan, Plan and Profile Sheets, Ldn Noise Contours for existing and forecasted operations, and associated land use guidelines. 16. Provide a brief written report (20 copies) on purpose, objectives, and goals of the Airport Layout Plan. 17. Coordinate all drawings with Sponsor and Federal Aviation Administration, and make revisions as necessary to achieve an approvable set for signatures by the Sponsor and FAA. VI. The Sponsor agrees to pay the Engineer for the above cited ser- vices in the following manner. A lump sum fee of $6,850. Payment to be made within 30 days of the performance of the services. Page 1 of 2 (7,11-11 IN WITNESS WHEREOF, the parties hereto have affixed their signatures this day of j 1984 Eagle County, Colorado Board of County Commissioners By Attest by Chairman Engineer, Isbill Associates, Inc. by President Isbill Associates, Inc. Page 2 of 2 ■ CONTRACT Job # 850A ADAP Project No. 6-08-0020-01 The County of Eagle, Colorado, hereinafter called the "Sponsor," agrees to employ the firm of Isbill Associates, Inc:, hereinafter called the "Engineer" to perform the engineering services as outlined below for the project known as Improvements to the Eagle County Airport. 1. The scope of work contemplated under this agreement is for the improve- ments to the Eagle County Airport. Said improvements will include, but are not limited to, the following items: 1. Overlay Runway 8/26. 2. Overlay Connecting Taxiways and Apron 3. Replace Rotating Lighted Beacon. IL The Engineer's services rendered for the above described scope of work will be in the following steps: PART A - BASIC SERVICES (PREAPPLICATION AND DESIGN ENGINEERING) 1. Assist the Sponsor in the preparation of the preapplica- tion. Prepare the Program Sketch and Engineers Esti- mate and assist the Sponsor with the Project Evaluation, Displaced Persons Statement, Environmental Impact Assessment and State and Regional reviews as required; 2. Review existing airport drawings as applicable to this project to determine the effect of existing facilities on project design; 3. Prepare preliminary plans, specifications, contract docu- ments and cost estimates for the design, to be approved by the Sponsor and the FAA; 4. Provide Acceptable Airport Layout Plan and associated drawings; 5. Prepare and submit final plans, specifications and con- tract documents to be approved by the Sponsor and the FAA prior to advertising for bids; Page 1 of 8 PART SPECIAL SERVICES (FIELD ENG ERING) 1. Provide pavement and subsurface investigations and topographic surveys of proposed construction areas as required for design purposes; 3. The Engineer shall provide qualified technicians to per- form all tests, in the field and the laboratory, as required, in proper time and in sufficient number to assure con- truction in accordance with the plans and specifications. Copies of all test reports will be furnished to the Sponsor and the FAA. The results shall be available the day they are taken; Page 3 of 8 2. Provide complete resident engineering supervision of the construction work with sufficient qualified inspectors who shall be present during all construction operations to assure that construction is accomplished in accordance with the plans and specifications. It is expressly under- stood that the term "engineering supervision" does not mean that the Engineer will assume any responsibility that usurps or replaces the duties and authority of a Construction Superintendent or other Contractor agent in responsible charge of the construction operation. The Engineer, in carrying out his responsibilities for engineering supervision shall guard the Sponsor against defects and deficiencies in the permanent work con- structed by the Contractor, but does not guarantee the performance of the Contractor. The Engineer shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the construction work. The Engineer is not responsible for construction means, methods, techniques, sequences or procedures, time of performance, programs or for any safety precautions in connection with the construc- tion work. The above disclaimers do not in any way - abrogate the responsibility of the Engineer as agent for the Sponsor to exercise technical competence, exper- tise, skill and engineering judgment to insure that the 'Contractor's construction products are provided in accor- dance with the construction contract documents. The Engineer shall issue such instructions to the Contractor's -construction superintendent as are necessary to protect the Sponsor's interests to the same extent as would the Sponsor himself if he were present and equipped with the requisite knowledge, skill, competence, expertise, and engineering judgment. The authority of the Engi- neer, as an agent of the Sponsor, is detailed in Section 50, paragraph 50-01 and 50-02 of the construction con- tract, and that authority governs. The Engineer or his engineering supervision representative shall not know- ingly refuse to exercise that authority; 3. The Engineer shall provide qualified technicians to per- form all tests, in the field and the laboratory, as required, in proper time and in sufficient number to assure con- truction in accordance with the plans and specifications. Copies of all test reports will be furnished to the Sponsor and the FAA. The results shall be available the day they are taken; Page 3 of 8 IV. The Engineer and the Sponsor mutually agree that: 1. The Sponsor and the Engineer each bind himself, his partners, successors, assigns, and legal representatives to the other party to this contract and the partners, successors, assigns and legal representatives of such other party in respect of all covenants of this contract. Neither the Sponsor nor the Engineer shall assign, sublet, or transfer its interest in this contract without the written consent of the other; 2. This contract may be terminated by either party upon seven (7) days written notice should either party fail substantially to per- form in accordance with its terms through no fault of the other. It is also understood that any such violation or Breach of Contract is subject to legal remedies in addition to any contractual or admin- istrative measures. In the event of termination of the project, the Engineer shall be compensated for the services performed to termination date at the lump sum fee or at rates shown on the attached fee schedule if the lump sum fee is not applicable and he shall be paid only for those services performed satisfac- torily (as determined by the Sponsor) to the date of termination. Compensation shall include any reimbursable expenses then due. To this end, the Engineer shall report his work progress reason- ably often so that the work actually done for each service may be accurately determined as a percentage of the total work required for that service; 3. The original plans and specifications shall remain the property of the Engineer; however, the Sponsor will be provided one (1) set of specifications and reproducible plans whether or not the project is executed. The Sponsor may then use those plans in any manner he wishes, provided the Engineer's nameplate, logo- type, masthead, or other identification i, deleted for any use outside the scope of this agreement; 4. Reasons for which this agreement may be terminated for default include --but are not limited to --inferior or uncompleted work by the Engineer, lack of diligence by either party, inability to meet specified time constraints by either party, failure of the Sponsor to provide civil, structural, mechanical or other details of systems existing at the site; {4 S. Reasons for which this agreement may be terminated because of circumstances beyond the control of the Engineer include -- but are not limited to--nonavailability of funds, policy decisions to abandon or postpone the work indefinitely. Page 5 of 8 The remaining ten percent of the fee (Part A) shall be paid at the time construction is completed for those work items actually constructed as listed in Paragraph I. However, at the Engineer's option, he may request that the Sponsor accept (in lieu of the ten percent retainage) the Engineer deposits in escrow under the following conditions: a. The Engineer shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Sponsor. b. The Engineer shall deposit to and maintain in such escrow only those securities as are acceptable to the Sponsor and having a value not less than the ten percent retainage that would c-'-herwise be withheld. e. The Engineer shall enter into an escrow agreement satis- factory to the Sponsor. if work is abandoned or terminated after obtaining approval by the Sponsor and the FAA of the final construction plans and spe- eifications, the Sponsor shall reimburse up to 90 percent of the total lump sum as listed under Part A, in accordance with Article -' lV = 2 of this contract. Fart $ = SPECIAL SERVICES Article I. - A lump sum fee of $14,881. Method of payment shall be as follows: Por services rendered under Part B - SPECIAL SERVICES, the Sponsor agrees to pay the Engineer on a monthly basis, a cumu- lative percentage of the lump sum fee based on the percentage of construction completed to date, less ten percent. The final ten percent of the lump sum fee shall be due and payable when the project final inspection and the construction report have been t%bmpleted, and when reproducible "As Built" drawings have been submitted to the Sponsor and when the revised Airport Layout Plan has been approved by the FAA. The ten percent retainage, At the Engineer's option, shall follow the same procedures as Part A - BASIC SERVICES. The "As Built drawings and construc- tion report shall be submitted within a period of 90 days from end of construction period. This contract shall be considered completed upon audit completion. Page 7 of 8 m. C, ISBILL ASSOCIATES, INC. STAPLETON INTERNATIONAL AIRPORT • DENVER, COLORADO 80207 e (303) 388-2414 FEE SCHEDULE AND BILLING PROCEDURES Principal . . . . . . . . . . . . . . . . . . . . . . . Staff Engineer/Planner . . . . . . . . . . . . . . . ... Engineer/Planner/Construction Coordinator . . . . . . . . Construction Inspector/Materials Control . . . . . . . . . Associate Engineer/Planner . . . . . . . . . . . . . . Draftsman . . . . . . . . . . . . . . . . . . . . . . Surveyor . . . . . . . . . . . . . . . . . . . . . . . Rod and Chain Man . . . . . . . . . . . . . . . . . . 3 -Man Field Survey Crew . . . . . . . . . . . . . . . . 2 -Man Field Survey Crew . . . . . . . . . . . . . . . . Clerical . . . . . . . . . . . . . . . . . . . . . . . . Court Testimony . . . . . . . . . . . . . . . . . . . $ 65.00/hr. 55.00/hr. 35.00/hr. 30.00/hr. 28.00/hr. 20.00/hr. 25.00/hr. 18.00/hr. 50.00/hr. 42.00/hr. 18.00/hr. 100.00/hr. (min. $300) When applicable, mileage will be billed at the rate of $0.18 per mile, and out- of-town expenses at per diem mates of $50.00 (min.) per man (or as may be otherwise negotiated). Office reproduction charges will be billed at the rate of $0.20 per copy for Xerox and $0.25 ppr square foot. for blue line prints. .Negotiated fixed fees for engineering reports, design, specifications and in- spection services shall be in accordance with the current "Percentage Compen- sation Curves" of the American Society of Civil Engineers Manuals 45 and 45a. A ten percent (10%) handling and administration charge may be Added to reimbursable expenses paid for by this firm. All billing will be done monthly payable within 30 days. AIRPORT CONSULTANTS a ENGINEERS AN EOUAL OPPORTUNITY EWIPLOYER