HomeMy WebLinkAboutC02-155 Peak Civil Engineering - Berry CreekLoz- ts� -�F'I
AGREEMENT BETWEEN EAGLE COUNTY AND PEAK CIVIL ENGINEERING
REGARDING PROVISION OF PROFESSIONAL SERVICES
FOR
CIVIL ENGINEERING FOR
RECREATION FACILITIES, TRACT C, BERRY CREEK 5 FILING
This Agreement Regarding Provision of Professional Services for civil engineering services
for Tract C, Berry Creek 5 Filing, Edwards, CO. ( "Agreement ") dated as of June � , 2002,
is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board
of County Commissioners ( "County "), and Peak Civil Engineering ( "Engineer ").
A. County in conjunction with the Eagle County School District wants to develop and submit a
preliminary plan and 1041 applications for the Berry Creek/Miller Ranch parcel in Edwards,
Colorado.
B. Peak Civil Engineering are registered Engineers authorized to act as such in the State of
Colorado. Peak Land Consultants Inc. is a corporation authorized to do business in the State of
Colorado, the principal of which is Eric Williams whose expertise is in civil engineering and
who is a registered professional engineer authorized to act as such in the State of Colorado.
C. Engineer has submitted to County a proposal for performing the Services (defined below), such
proposal attached hereto as Exhibit `B" and incorporated herein by reference, and represented
that it has the expertise and personnel necessary to properly and timely perform the Services. To
the extent that any provision in this Agreement conflicts with a term or condition of the proposal,
this Agreement shall control.
D. The Engineer and County intend by this Agreement to set forth the Scope of the responsibilities
of the Engineer in connection with the Work and related terms and conditions to govern the
relationship between the Engineer and County in connection with the Work.
AGREEMENT
Therefore, for good and valuable consideration, including the promises set forth herein, the parties agree
to the following:
1. Scope of the Work The Engineer's Work consists of those services performed by the Engineer,
Engineer's Employees and Engineer's consultants. The Engineer shall prepare all labor,
materials and equipment necessary to perform and complete the work described herein and as
follows ( "Work"):
The Engineer shall prepare design services to complete construction ready documents based
upon the schematic phase documents completed under previous phases. The Engineer shall
design grading and drainage improvements for the fields, parking and temporary detention
facilities and as further described in the Engineer's proposal attached as Exhibit A to the
agreement. The Engineer shall prepare bidding phase and construction phase services as
required by the County. Bidding and construction phase services shall be procured by the
County as additional services to this Agreement.
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Nothing herein is intended to or constitutes a representation by County that it will construct the
proposed improvements or that it will do so at a particular time.
The Parties hereto recognize that the scope of the Work may change. When the Engineer
believes that the scope of the Work has been changed or that by reason of a decision of County it
will be required to redo properly completed Work, the Engineer shall immediately advise County
of such belief and shall also provide a statement of the maximum additional charges for such
work. The Engineer shall not be entitled to be paid for any such additional work unless and until
County agrees in writing that the scope of the Work has changed and accepts the statement of the
maximum additional charges.
Engineer shall be responsible for having taken steps reasonably necessary to ascertain the nature
and location of the Services, and the general and local conditions which can affect the Services
or the cost thereof. Any failure by Engineer to do so will not relieve him from responsibility for
successfully performing the Services without additional expense to the County.
2. Engineer's Professional Level of Care The Engineer shall be responsible for the completeness
and accuracy of the Work, including all supporting data and other documents prepared or
compiled in performance of the Work, and shall correct, at its sole expense, all significant errors
and omissions therein. The fact that the County has accepted or approved the Engineer's work
shall not relieve the Engineer of any of its responsibilities. The Engineer and its professional
consultants shall perform the Work in a skillful, professional and competent manner and in
accordance with the highest standards of care, skill and diligence applicable to engineers,
structural, electrical and mechanical engineers, as the case may be, with respect to similar work.
Time of Performance and Termination
a) The Engineer shall commence the Work five (5) business days after the completion date
of this Agreement. The Engineer shall complete the individual tasks of the Work in
conformity with the completion dates set forth in Exhibit "A ", provided that completion
dates for any one or more of the tasks identified in the Proposed Schedule may be
extended by the County at its sole discretion.
b) County may terminate this Agreement, in whole or in part, for its convenience upon
providing notice to the Engineer. Upon such a termination, County shall be liable only
for Work satisfactorily completed prior to the notice and for unavoidable expenses
directly incurred for performance of those parts of the Work which have not been
satisfactorily completed, provided that, at its sole option, County may require that the
Engineer complete particular portions of the Work on a time and reimbursable expenses
basis consistent with paragraph 4 hereof. Upon termination the Engineer shall deliver to
County all drawings, illustrations, text, data and other documents entirely or partially
completed, together with all material supplied to Engineer by County. Payment will be
due within thirty (30) days after Engineer has delivered the last of the partially
completed documents, together with any records that may be required to determine the
amount due.
C) Notwithstanding anything to the contrary contained in this Agreement, no charges shall
be made to County nor shall any payment be made to Engineer for any Work done after
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December 31, 2002, without the written approval of the County in accordance with a
budget adopted by the Board of County Commissioners in accordance with the
provisions of Article 25 of Title 30 of the Colorado Revised Statues and the Local
Government Budget Law (C.R.S 29 -1 -101 et seg.).
4. Compensation and Payment In consideration of its performance of the Work, the Engineer shall
be paid for professional time and reimbursable expenses actually and directly spent on or
incurred in performing the Work, provided that the total payment for each Phase set forth in the
Fee Proposal which is a part of Exhibit "A" hereto shall not exceed the amount set forth therein.
Payment shall be made in accordance with the following:
a) The Engineer shall submit to County monthly invoices of the progress made and
expenses incurred during the previous calendar month. Such invoices shall segregate the
charges for work done by task as described in Exhibit "A ", and shall describe the Work
performed, including the percentage of completion Contractor contends was
accomplished during the month, and expenses incurred. Upon request, Engineer shall
provide County with such other supporting information as County may request.
b) One Hundred percent (100 %) of the professional fees and reimbursable expenses shall
be due and payable within thirty (30) days after submittal by Engineer together with
submission of any required clarification and documentation. Interest at the rate of 1.5%
per month (18% per annum) shall apply to over due amounts.
C) For the purposes of this Agreement, the term "reimbursable costs" shall include only
actual out -of- pocket expenses incurred by Engineer and his sub - consultants in
connection with the Work. Reimbursable costs shall not include travel, telephone,
postal, or air freight charges. Reimbursable costs will include blueprint/plan printing
(sufficient copies as directed by County for bid package preparation and distribution,
County use, building inspection use, and the General Contractors use), fax and photo -
reproduction costs.
d) The Engineer shall maintain comprehensive, complete and accurate records and accounts
of its performance relating to this Agreement for a period of three (3) years following
final payment hereunder, which period shall be extended at County's reasonable request.
County shall have the right within such period to inspect such books, records and
documents upon demand, with reasonable notice and at a reasonable time, for the
purpose of determining, in accordance with acceptable accounting and auditing
standards, compliance with the requirements of this Agreement and the law.
The parties recognize that County is a governmental entity and that all financial obligations
beyond the current fiscal year are subject to funds being budgeted and appropriated.
Project Management Eric Williams shall be designated as Engineer's Project Manager for the
Work. Eagle County Director of Facilities Management shall be County's manager responsible
for this Agreement. All correspondence between the parties hereto regarding this project shall be
between and among the project managers with copies of all correspondence delivered to the
Client Representative. Either party may designate a different project manager by notice in
writing.
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6. Independent Contractor It is expressly acknowledged and understood by the parties hereto that
nothing contained in this Agreement shall result in, or be construed as establishing, an
employment relationship. Engineer shall be, and shall perform as, an independent contractor.
No agent, subcontractor, employee, or servant of Engineer shall be, or shall be deemed to be, the
employee, agent or servant of County, The Engineer shall be solely and entirely responsible for
its acts and for the acts of Engineer's agents, employees, servants and subcontractors during the
performance of this Agreement.
Personnel The Engineer understands and hereby acknowledges that County is relying primarily
upon the expertise and personal abilities of Eric Williams and Brent Biggs. This Agreement is
conditioned upon the continuing direct personal involvement of these persons in the Work.
Contractor may not subcontract or delegate any part of the Work or substitute subcontractors
without County's written consent, which consent County may exercise in its sole discretion. The
final plans to be provided by Contractor shall be completely reviewed by Eric Williams. In the
event that Engineer and the identified subcontractor are unable to remain involved in the Work,
Contractor shall immediately notify County and County shall have the option to terminate this
Agreement.
S. Ownership of Documents All documents (including electronic files) which are obtained during
or prepared, partially or wholly, in the performance of the Services are instruments of
professional service. Nevertheless, the plans and specifications prepared under this Agreement
shall be delivered to County upon completion of the Work or termination of this Agreement, and,
in any event, before final payment of moneys due to Peak Land Consultants Inc. and shall at all
times be deemed the property of the County, whether or not the Work under this Agreement is
completed.
9. No Assignment The parties to the Agreement recognize that the services to be provided
pursuant to this Agreement are professional in nature and that in entering into the Agreement
County is relying upon the personal services and reputation of Eric Williams. Therefore, neither
Engineer nor its subcontractors may assign its interest in the Agreement or in their subcontract,
including the assignment of any rights or delegation of any obligations provided therein, without
the prior written consent of County, which consent County may withhold in its sole discretion.
Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties
hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit
of or enforceable by any third party. 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 the Agreement.
10. Insurance At all times during the term of this Agreement, Contractor shall maintain the
following insurance:
a) Tyrie of Insurance Coverage Limits
b) Professional Liability $1,000,000 minimum
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C) Workers' Compensation As required by Colorado law
C) All insurance required hereby shall be issued by an insurance company or companies
authorized to do business in the State of Colorado. The Engineer shall deliver
certificates of required insurance to the County within fifteen (15) calendar days of
execution of this Agreement by the Board.
d) Before permitting any subcontractor to perform any work under this Agreement,
Engineer shall either (1) require each of his subcontractor to procure and maintain,
during the life of his subcontracts, insurance which meets the requirements for the
Contractor herein, or (2) provide for insurance of the subcontractor in Contractor's own
policies in the amounts required herein above.
11. Indemnification Engineer shall indemnify the County, and hold and defend the County and its
officials, boards, officers, principals and employees, harmless from, all costs, claims and
expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever
made by any person in connection with the acts or omissions of or representations by, the
Engineer in the performance of this Agreement. This indemnification shall not apply to claims
by third parties against the County to the extent that the County is liable to such third party for
such claim without regard to the involvement of the Engineer.
12. Notices Any notice and all written communications required under this Agreement shall be
given in writing by personal delivery, FAX or mail to the appropriate party at the following
addresses:
a) Engineer: Peak Civil Engineering
1000 Lion's Ridge Loop
Vail, CO 81657
Tel 970 9476 -8644
Fax 970 476 -8616
b) County: Director of Facilities Management
PO Box 850
Eagle, CO 81631
Tel 970 328 8880
Fax 970 328 8899
C) Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted
and confirmed received or, if transmitted after normal business hours, on the next
business day after transmission, provided that a paper copy is mailed the same date; or
three days after the date of deposit, first class postage prepaid, in an official depository
of the U.S. Postal Service.
13. Miscellaneous
a) The Engineer shall not discriminate against any employee or applicant for employment
to be employed in the performance of this Agreement on the basis of race, color,
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religion, national origin, sex, ancestry, physical handicap, sexual orientation, age,
political affiliation or family responsibility. The engineer shall require all consultants to
agree to the provisions of this subparagraph.
b) The making, execution and delivery of this Agreement by the parties hereto has not been
induced by any prior or contemporaneous representation, statement, warranty or
agreement as to any matter other than those herein expressed. This Agreement embodies
the entire understanding and agreement of the parties, and there are no further or other
agreements or understandings, written or oral, in effect between them relating to the
subject matter hereof. This Agreement may not be amended, including by any
modification or, deletion from or addition to the scope of the Work, except by a written
document of equal formality executed by both parties hereto.
C) This Agreement shall be governed by and construed in accordance with the internal laws
of the State of Colorado, without reference to choice of law rules. The parties agree that
venue in any action to enforce or interpret this Agreement shall be in the District Court
in the 5th District for the State of Colorado.
C) This Agreement does not and shall not be deemed to confer upon or grant to any third
party any right enforceable at law or equity arising out of any term, covenant, or
condition herein or the breach thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
0
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
b!S2- -� °i 1 1 I By:
the Board of Mic
County
(acknowledgment required)
PEAK CIVIL ENGINEERING
By: '� ' ,6. 5 -J� -
(Vitt
go
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ERliinii A - Scope of rs`ervk;es acid p eL ES c
Be" Creek Tract C - Phase 1 Ball Fluids & Gravel Parking Lot
Civil EniriE rirt 3t:rvicasi
Pu-alc Civil Erik irate -dity, inu.
M:iy - 1, 2002
1 Value Engineering & Preliminary Cost Estimating
2 Site Plan - Horiz. Review and Layout
3 Drainage Study Addendum
4 Final Grading Plan
5 Driveway Entrance Design
6 E=rosion Control Plan
7 Construction Details
8 Irrigation and Utility Coordination
9 Division 2 Specifications
10 Project Team Meetings and Coord.
Hours Rate --- Cast - -�
16
95
$ 1,520
16
95
$ 1,520
50
95
4 4,750
32
95
$ 3,040
16
95
$ 1,520
16
96
1 s 1,520
16
95
s
20
95
s 1,900
a
95
$ 760
15
95 1
$ 1,425
rof27% LosY J_3 l 9
. -... ,r37s 1
Rate of $95 /hr represents 50% design engineer time and 50% professional engineer time.
See Exhibit B for items specil'ically included in or excluded from above listed work items-
Peak Civil l nginaerinn Palo Schedule
I tem CS)QMdfAi9III
PE Professional Engineer
PM Project Manager
DE Design Engineer
aattt
105.00 /irr
95.001hr
85.00 /hr
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Exhibit B — Scope of Services Descrilidwi
lserty Creek — Tract C
Peak Civil Engineering, fie.
May 1, 2002
Below are specific assumptions, inclusions in and exclusions from the services to be provided for
the Berry Creek —Tract C project. The number of each corresponds to the iiem number on
Exhibit A — Scope of Services and Fee Estimate.
Phase / Ball fields & Gravel Parking Lot
Assumes that construction documents are to be prepared for ball fields and gravel parking lot ill
the northeast comer of the tract. Assumes a site layout provided by others and a preliminary
rough grading plan provided by others_ Plans exclude all other portions of the site.
Preliminary Tract C Plan
1. Value Engineering & Preliminary Cost Estimating — Includes preliminary evaluation of
earthwork:, material cost, etc. and project budgeting.
2. Site Plan — Includes final horizontal layout of site.
3. Drainage Study Addendum — Includes an addendum to the Beny Creek Drainage Study
to address proposed site plan and drainage impacts of phase I site improvements,
including the design of a temporary detention pond. Includes coordination of detention
and drainage with the adjacent Housing development.
4. Final Grading plan — Includes final grading and drainage plan for the site. Excludes any
design of structural retaining walls.
S. Driveway Entrance Design — Intersection design of the proposed gravel driveway with
Miller Ranch Road, including profiles of driveway and intersection returns.
6. Erosion Control Plan — Includes water quality and erosion control plan.
7. Construction Details.
8. Irrigation and Utility Coordination— Includes coordination of final site plan with
irrigation consultant. Includes shallow utility layout and coordination to provide service
for irrigation pumps only. Excludes irrigation system design.
9. Project Manual — Includes Division 2 specifications for civil items only. Irrigation
specifications and landscaping specifications to be provided by others. Excludes all
Division 0 and Division I specification documents and all meetings or coordination
associated with bidding and construction.
10. Project Team Meetings and Coordination — Includes team meetings, planning
commrssion meettungs, etc.
General €nclusious and Lxehasions
Inclusions — One review set and one submittal set for the Phase I portion of the site.
Exclusions — Pcmxit preparation or fees; structural, wetland, geoteclmieal consultants.
