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HomeMy WebLinkAboutC88-069 RBD, Inc. Engineering ConsultantsC88 -69 -21 AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND RBD, INC., ENGINEERING CONSULTANTS ENGINEERING SERVICES YARMONY BRIDGE REHABILITATION T IS AGREEMENT, m 1988, Colorado (hefibinafter referred County Commissioners, and referred to as "RBD, Inc. "). ade and entered into this day of by and between the County of Eagle, State of to as the "County "), by and through its Board of RBD, Inc., Engineering Consultants (hereinafter WITNESSTH WHEREAS, the County desires to rehabilitate Eagle County Bridge No. EAG- 028.036, Yarmony Bridge over the Colorado River northeast of the Town of Eagle, Colorado (hereinafter referred to as the "Project "); and WHEREAS, the existing bridge structure is currently in place providing for a single lane of traffic; and WHEREAS, the County desires to enlarge the existing bridge to provide for two lanes of traffic. Supports were previously constructed wide enough for the additional lane to be added; and WHEREASthe County desires to improve the bridge approaches consistent with the enlarged bridge; and WHEREAS, the County desires to contract, and RBD, Inc. is qualified and willing to render, civil engineering services described more fully hereinbelow; and WHEREAS, sufficient authority exists in charter and statute, and sufficient funds have been budgeted for the purpose of completing the Project, and such funds are available. NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows: SECTION 1. THE PROJECT. The Project consists of preliminary design, final design, bidding, construction and post- construction phase services for the proposed rehabilitation of bridge structure No. EAG- 028.036 located on the Colorado River Road northeast of the Town of Eagle and the preliminary design, final design and slope staking of 1500 feet on approach roadway northeast of the bridge. The County will construct the 1500 feet of roadway with its own forces. A. Basic Services of RBD. Inc. 1. Preliminary Design Plan. RBD, Inc. shall perform the following services: a. Attend an introductory and pre- design meeting with the County to refine the scope of services to be rendered. b. Perform such field surveys as considered necessary to supplement existing data for preliminary design of the Project. Site topography mapping will be supplied by Eagle County. c. Review rip rap called for on the previous design. Conclude if it should be completed. d. Complete all preliminary construction plans for additional decking to be added to existing bridge and proposed design of the northeast approach roadway. e. Notify and coordinate any existing and proposed utilities with regard to the improvements. f. Prepare preliminary design documents consisting of final design criteria, preliminary quantities, permit applications, preliminary drawing and outline specifications, etc. g. Coordinate Project with and, if required, prepare application to, the U.S. Army Corps of Engineers for all necessary permitting. h. Prepare a report containing design criteria; opinions of probable costs for the Project, including construction cost, contingencies, allowances for charges of all professionals and consultants. L Furnish sufficient copies of the Report and present in person at a presentation to the County. 2. Final Design Phase. Upon obtaining authorization from the County to proceed with the final design phase, RBD, Inc. shall perform following services: a. On the basis of the accepted preliminary design documents and the opinion of probable cost, prepare for incorporation in the Contract Documents final construction drawings and specifications for the bridge rehabilitation and the construction drawings for the 1500 feet of approach work. -2- b. Advise all involved parties of any adjustments to the opinion of probable cost caused by changes in extent or design requirements of the Project and furnish a revised opinion of probable Project cost based on the final drawings and specifications. c. Prepare for review and approval by the County and other advisors the contract agreement forms, general conditions, supplemental conditions, bid forms, invitations to bid and instructions to bidders, prior to the commencement of bidding. d. Prepare for and conduct a final office review with the County personnel at the end of this phase. 3. Bidding Phase. Upon obtaining authorization from the County for commencement of the Bidding Phase of the Project, RBD, Inc. shall: a. Advertise the bridge rehabilitation portion of the Project for the County to receive construction bids. b. Furnish sufficient copies of bridge rehabilitation bidding documents for use of prospective bidders in preparing bids, issue bidding documents and maintain records of the identity of prospective bidders. c. Host a pre -bid conference and prepare minutes d. Issue addenda as appropriate to prospective bidders of records. f. Host a bid opening, review bid proposals and make a recommendation to the County. 4. Construction Phase. Upon obtaining authorization from the County to proceed with the Construction Phase, RBD, Inc. agrees to: a. Review shop drawings, concrete and asphalt mix designs for conformance with the Contract Documents. b. Issue necessary interpretations and clarifications of the Contract Documents . c. Conduct construction observation and inspection visits at key intervals including the final inspection to determine if the work has been completed in accordance with the Contract Documents, and if the Contractor has fulfilled his obligations thereunder. d. Provide contract administration including day to day Contractor and testing coordination, preparation of any necessary change orders and review of payment applications. -3- Cj e. Provide, through a qualified subcontractor, for quality control testing during construction to include moisture density, soil in- place density and concrete testing. f. Provide slope staking for the 1500 feet of approach work. 5. Post - Construction Phase. When the Post - Construction Phase has been initiated at the direction of the County, RBD, Inc., shall provide following service: a. Revise the drawings to show changes. Such drawing will be stamped "Drawings of Record" and reproducibles thereof will be turned over to the County within six (6) months after final completion of the Project. b. Provide a Colorado Department of State Highways approved updated sufficiency rating for the rehabilitated bridge to the County. SECTION 11. ENGINEER'S FEE. A. Basic Services. The County agrees to pay RBD, Inc. for the Basic Services described in Section I(A) above in a lump sum figure of $13,370.00, based on the following breakdown: Phase Lump Sum Estimated Fee 1. Preliminary to Design Phase 2. Preliminary Design Phase 3. Final Design Phase SUBTOTAL, DESIGN PHASE 4. Construction Phase (Bidding Phase included) TOTAL LUMP SUM FEE Subcontracted Testing, Section I A(4)(e) cost + 10 %, not to exceed TOTAL NOT -TO- EXCEED FEE $1,850.00 $3,060.00 $3,820.00 $8,730.00 $4,640.00 $13,370.00 $1,500.00 $14,870.00 B. Payments 1. Progress Payments. Progress billings shall be made at four -week intervals for work accomplished in the preceding four -week period. Such billings shall be due at face value thirty (30) days after billing date. All ME unpaid amounts shall bear interest at the rate of 1.5 percent per month, or the maximum rate allowed by law, if less, for total days outstanding in excess of the first sixty (60) days after billing date. Such interest rate shall not apply to payments withheld by the County upon default of RBD, Inc., or to ensure performance as specified in subsection 3 below. 2. Final Payment. Final payment shall be made following acceptance of the work by the County. 3. Payment in the Event of Termination. In the event of termination by the County upon completion of any phase of the Basic Services, progress payments due to RBD, Inc. for services rendered through such phase shall constitute total payment for all services under this Agreement. In the event of such termination by the County during any phase of the Basic Services, RBD, Inc. will be paid for services rendered during the phase to the date of termination. In the event of such termination, the County shall have no obligation to pay for services except those rendered prior to receipt of Notice of Termination. SECTION III. COMMENCEMENT AND COMPLETION OF SERVICES. RBD, Inc. understands and agrees that time is an essential requirement of this Agreement. The Services shall be completed as soon as good practice and due diligence will permit. In any event, the Preliminary and Final Design Phase Services shall be completed by July 1, 1988 provided there are no delays beyond the control of RBD, Inc. SECTION IV. INSURANCE. RBD, Inc. shall maintain workmen's compensation insurance, as required by state law, and comprehensive liability insurance, valuable papers insurance and professional liability insurance in an amount no less than $1,000,000.00 Certificates of insurance will be provided at the request of the County. RBD, Inc. shall maintain insurance for its automobiles, if any, and require its employees to provide insurance coverage for vehicles used to perform the services contemplated herein. SECTION V. TERMINATION. Failure to perform in accordance with this Agreement by either party shall be cause for suspension or termination by the other party upon formal written Notice of Termination or Suspension deposited in the U.S. Mail, certified, return receipt requested, to the offending party at the addresses set forth in Section VI hereinbelow. SECTION VI. NOTICES AND COMMUNICATIONS. All notices given under the terms of this Agreement, and all communications relating to the day -to -day activities for the Project, shall be -5- lJ �i exchanged between the respective County and RBD, Inc. representatives at the addresses set forth immediately hereinbelow, or at such other address as mutually agreed to in writing by the parties hereto: RBD, Inc.'s Representative: Kent R. Rose, P.E. RBD, Inc. 953 So. Frontage Road West, Suite 202 Vail, Colorado 81657 (303) 476 -6340 County's Representative: Larry Metternick, P.E. Eagle County Engineer P.O. Box 850 Eagle, Colorado 81631 (303) 328 -7311 (Ext. 265) SECTION VII. MISCELLANEOUS PROVISIONS. A. Ownership of Drawings. All plans, drawings, specifications and the like relating to the Services shall be the joint property of the County and RBD, Inc. Upon completion of the Services, or at such other time as the County may require, RBD, Inc. shall deliver to the County a complete corrected set of clear film reproducible drawings. B. Responsibility. RBD, Inc. shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all designs, plans, reports, specifications, drawings and other services rendered. C. Warrantv. RBD, Inc., warrants it will perform all the services required by this contract in a good and workmanlike manner, using that standard of care as is customary in the engineering profession. D. No assignment by a party hereto of any rights under or interests in this agreement will be binding on another party hereto without the written consent of the parry sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 0 E. County and RBD, Inc. each binds itself, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the date and in the year first above written. ATTEST: COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ,,u(j u � k feei§e- A- -Ga#&% Chairman Address: P.O. Box 850 Eagle, Colorado 81631 Telephone: (303) 328 -7311 ENGINEER: RBD, INC., ENGINEERING CONSULTANTS By:5 -7-