HomeMy WebLinkAboutC03-153 URS Corporation
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
This Agreement for Professional Engineering Services (hereina.fter referred to as the
"Agreement'~is made and entered into this ~ day of June 2003 by and between Eagle~County,
Colorado, a body politic and corporate, acting by and through its Board of County
Commissioners (hereinafter referred to as the "Count'), and URS Corporation, a Nevada
corporation (hereinafter referred to as the "Engineer'.
WITNESSETlFi:
WHEREAS, the County is duly authorized bylaw to administer and govern the property
known as the Eagle County Regional Airport (hereinafter referred to as the "Airport"); and
WHEREAS, the County desires that the Engineer perform the scope of engineering
services as outlined below, (hereinafter referred to as the "Project") at the Airport.
NOW, THEREFORE, in consideration of the promises and the mutual covenants
contained in this Agreement, the parties hereby agree as follows:
AGREEMENT
1. Term. The term of this Agreement shall be for a period of one (1) year,
commencing on the date set forth above and continuing until June16, 2004, unless terminated
earlier pursuant hereto. The foregoing, the funds appropriated for this project are equal to or in
excess of the contract .mount. Notwithstanding anything to the contrary contained in this
Agreement, no charges shall be made to the County nor shall any payment be made to Engineer
in excess of the amount for any work done without the written approval in accordance with a
budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes.
Moreover, the parties agree that the County is a governmental entity.and that all obligations
beyond the current fiscal year are subject to funds being budgeted and appropriated.
The Term of any particular Project maybe defined in an amendment to this Agreement.
In the event a Project(s) extends beyond the term of this Agreement, as herein defined or as a
result of an early termination without cause, the County may elect, by notice in writing to
Engineer, that the term of the Agreement shall extend to the completion date of the incomplete
Project(s) with respect only to that Project(s).
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2. Termination. County may terminate all or any portion of the scope of
engineering services for convenience, at its option, by sending a wrifiten notice to Engineer.
Moreover, either the County or Engineer can terminate this Agreement or a work order, if
applicable, without cause upon sixty (60) days written notice. Termination shall be effective
twenty (20) days after receipt of a Notice of Termination, unless a later date is specified in the
Notice. The Notice of Termination shall contain specific reasons for termination and both
parties shall cooperate in good faith .to cure the causes for terminati~.~n stated in the Notice.
TE-r+unation shall not be effective if reasonable action to cure the b1 °ach has been taken before
thy; ~~,~ffective date of the termination. The County shall pay Engineer~~ Ripon invoice for services
per#brmed and charges incurred before termination. In the event of termination the parties shall
have their remedies at law as to any other rights and obligations between them, subject to the
other terms and conditions of this Agreement.
3. No Third Party Rights. This Agreement shall not create any rights or benefits to
parties other than the County and Engineer. No third party shall have the right to rely on the
Engineer's opinions rendered in connection with the Services without the written consent of the
Engineer and the third party's agreement to be bound to the same conditions and limitations as
County.
4. Project. The scope of work contemplated under this Agreement with regard to
the Project is for engineering services for improvements to the Airport. Said improvements may
include, but are not limited to, the following items:
A. Extend runway and taxiways;
B. Construction of taxi lanes;
C. Airport Layout Plan Update;
D. Rehabilitate runway and taxiways;
E. Acquire snow removal equipment and ARFF equipment;
F. Land acquisition;
G. Relocate runway approach lights;
H. Storm water management plan update and revisions;
I. Construction of general aviation areas, deicing apron, FBO apron, and
stop ways;
J. Additions to ARFF/Maintenance Building;
K. Rehabilitation of north apron;
L. Install lighting on Taxiway Alpha;
M. G.P.S. service;
N. Installation of Approach Radar System;
O. Rehabilitate, extend, and upgrade runway and taxiway lighting systems;
P. Construction of new Airport access roads and parking facilities;
Q. Construct electrical vault;
R. Construct ARFF SRE facility;
S. Rental Car maintenance facility;
T. Airfield pavement maintenance;
U. Installation of Navigational Aides;
V. Installation of parking management system;
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W. Installation of electric gates, service equipment, and other related security
equipment;
X. Instrument land system (II.,S).
5. Services. The services rendered by the Engineer for the above described scope ~of
work, will be ~•rcording to the following schedule:
Part A.
Basic Services (Pre-Application and Design/Engineerin~)
1. As requested, assist the County in the preparation of the Pre-Application. Prepare
the Program Sketch, Program Narrative, and Engineer's Estimate and assist the County with the
required Statements and Notifications, the Environmental Documentation, and the State and
Regional reviews as required; and
2. Consult/coordinate with Airport users, FAA, Airport staff, City, County, and
other interested parties; and
3. Review, and revise as necessary, the airport drawings, which provide the basis for
the Project design; (Note: Engineer understands that the Eagle County Regional Airport is
preparing to convert to GIS and that the Engineer may need to supply data in a form to assist this
conversion); and
4. Prepare preliminary plans, specifications, contract documents, and cost estimates
for the design to be approved by the County and the FAA; and
5. Provide acceptable Airport Layout Plan, Exhibit I, and associated drawings, as
required; and
6. Prepare and submit final plans, specifications, and contract documents for
approval by the County and the FAA prior to advertising for bids; and
7. Prepare a Design Engineer's Report, including estimates of final quantities and
construction costs. The report will be submitted with the final plans and specifications to the
County and the FAA; and
8. Prepare or assist in the preparation of the Application for Federal Funds and the
Property Map; and
9. Coordinate the establishment of bid proposals into schedules to allow flexibility
of award to match the funds available; and
10. Provide complete sets of approved plans, specifications, and contract documents
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for the bidding of the Project; and
11. Arrange for and conduct Pre-bid Conference and job showing; and
12. Assist with the bid opening and processing of bid documents and make
recommendations to the County for award of contract schedules; and
13. Perform m:s~~ellaneous engineering services as requested by Airport management.
Part B
Special Services (Soils and Pavement Investi~ation/Topo~raphic Survevs/Field EngYneeringj
1. Soils and Pavement Investigations or Design): Perform soils and/or pavement
testing and investigation of proposed construction areas as required for design.
2. Topographic Surveys (For Design): Perform topographic surveys of proposed
construction areas as required for design.
3. Field Engineering: Arrange for and conduct Pre-Construction Conference.
Provide complete resident engineering coordination of the construction work with sufficient
qualified inspectors who shall be present during all construction operations, to observe that
construction is accomplished in accordance with the plans and specifications. It is expressly
understood that the term "engineering coordination" 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 charged with responsibility for the construction
operation. The Engineer, in carrying out his responsibilities for engineering coordination, shall
endeavor to guard the County against defects and deficiencies in the permanent work constructed
by the Contractor, but does not guarantee the performance of the Contractor. The above
disclaimers do not in any way abrogate the responsibility of the Engineer as agent for the County
to exercise technical competence, expertise, skill and engineering judgment so that the
Contractor's construction products are provided in accordance with the construction contract
documents. The Engineer shall issue such instructions to the Contractor's Construction
Superintendent as are necessary to protect the County's interest to the same extent as would the
County or its agent, if such agent were present and equipped with the requisite knowledge, skill,
competence, expertise, and engineering judgment. The Engineer shall provide sufficient
surveys, observe and check surveys conducted by the Contractor, to assure construction is in
accordance with the plans and specifications.
3.1 The Engineer shall conduct materials tests required by the FAA and/or observe
and evaluate all such tests made by the Contractor in the field and in the laboratory as necessary
in accordance with the plans and specifications. Copies of all test reports will be furnished to the
County and the FAA. Test results will be available on the day tests are taken.
3.2 The Engineer shall act as the County's agent during construction to protect the
County's interest and shall have the authority to recommend to the County that the construction
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be stopped if not in accordance with the plans and specifications. The Engineer will furnish the
County and the FAA a weekly construction progress and inspection report if requested.
3.3 The Engineer shall prepare all addition and deletion change orders and
supplemental agreements as required. After acceptance of the Construction Contract by the
Contractor, copies will be submitted to the County and the FAA for approval and signature
before proceeding with the work.
3.4 The Engineer shall prepa~•e 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 County for the concurrence and submittal to the FAA for Federal
participation payment requests.
3.5 The Engineer shall review the submitted weekly contractors payrolls, check shop
drawings, and construction submittal; and prepare and maintain necessary records of
construction progress.
3.6 When the Project has been completed and is ready for final acceptance, the
Engineer shall arrange for inspection of the finished work by the FAA, the County, the
Contractor, and the Engineer, following which the final estimate for the work will be considered
by the County.
3.7 Upon acceptance.of the Project, the Engineer shall prepare the "Record Drawing,"
including any field surveying required to compute final quantities, and the Construction
engineering Report, and shall provide the County and the FAA with one (1) set of reproducible
"Record Drawings," and one (1) copy of the Construction Report.
3.8 Upon completion of the Project, the Engineer shall prepare and supply the County
with an Airport Maintenance Program for the improvements constructed under the Project.
Part C
Chance of Scope
Any change in the scope of the Project as outlined in Article I, or the services outlined in Article
II, in Parts A and B, and/or delays (including completion of the work in more than one Project)
by the County, resulting in extra expense to the Engineer, shall be considered beyond the normal
scope of this contract. In addition to the foregoing services, the County may require additional
services such as property surveys, descriptions of land, easements, redesign or major changes of
the concept after the FAA has approved final plans or concepts. 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 an amendment to this Agreement.
6. INDEMNIFICATION
Engineer shall indemnify, hold and defend the County and its officials, boards, officers,
principals and employees, harmless from all costs, claims and expenses, including reasonable
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attorney's fees, arising from claims of any nature whatsoever made by any person in connection
with the negligent 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 regazd to
the involvement of the Engineer. Nothing contained herein waives or is intended to waive any
protections that maybe applicable to the County ursder the Governmental Immunity Act, Section
2410-101, et. Seq., C.R.S., or any other rights, protections, immunities, defenses or limitations
on liability provided bylaw, and subject to any applicable provisions of the Colorado
Constitution and other applicable laws.
An opinion of construction costs prepazed by the Engineer represents his judgment as a
design professional and is supplied for the County's guidance. Since the Engineer has no control
over the. cost of labor and material, or over competitive bidding or mazket conditions, the
Engineer does not guarantee the accuracy of its opinion as compazed to contractor bids or actual
cost to the County.
7. Payment. Unless otherwise stated in an Work Order, payment shall be on a time
and materials basis under the Schedule of Fees and Charges in effect when the Services are
performed. County shall pay undisputed portions of each progress invoice within thirty (30)
days of the date of the invoice. If payment is not maintained on a thirty (30) day current basis;
Engineer may suspend further performance until payments aze current. County shall notify
Engineer of any disputed amount within fifteen (15) days from date of the invoice, give reascins
for the objection, and promptly pay the undisputed amount. County shall pay an additional
charge of one and one-half percent (1 %a%) per month or the maximum percentage allowed by
law, whichever is the lesser, for any past due amount. In the event of a legal action for invoice
amounts not paid, attorneys' fees, court costs, and other related expenses shall be paid to the
prevailing party.
8. Professional Responsibility. Engineer is obligated to comply with applicable
standazds of professional care in the performance of the Services. County recognizes that
opinions relating to environmental, geologic, and geotechnical conditions are based on limited
data and that actual conditions may vary from those encountered at the times and locations where
the data are obtained, despite the use of due professional Gaze.
9. Responsibility for Others. Engineer shall be responsible to County for Engineer
Services and the services of Engineer subcontractors. Engineer shall not be responsible for the
acts or omissions of other parties engaged by County nor for their construction means, methods,
techniques, sequences, or procedures, or their health and safety precautions and programs.
10. Force Maieure. An event of "Force Majeure" occurs when an event beyond the
control of the Party claiming Force Majeure prevents such Party from fulfilling its obligations. An
event of Force Majeure includes, without limitation, acts of God (including floods, hurricanes and
other adverse weather), war, riot, civil disorder, acts of terrorism, disease, epidemic, strikes and
labor disputes, actions or inactions of government or other authorities, law enforcement actions,
curfews, closure of transportation systems or other unusual travel difficulties, or inability to
provide a safe working environment for employees.
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In the event of Force Majeure, the obligations of Engineer to perform the Services shall be
suspended for the duration of the event of Force Majeure. In such event, Engineer shall be
equitably compensated for time expended and expenses incurred during the event of Force
Majeure and the schedule shall be extended by a like number of days as the event of Force
Majeure. If Services are suspended for thirty (30) days or more, Engineei may, in its sole
discretion, upon 5 days prior written notice, terminate this Agreement or the affected Work
Order, or both. In the case of such termination, in additi~-~,~ to the compensation and time
extension set forth above, Engineer shall be compensated for all reasonable ternnation
expenses.
11. Documents. Provided that Engineer has been paid for the Services, County shall
have the right to use the documents, maps, photographs, drawings and specifications resulting
from Engineer efforts on the project. Reuse of any such materials by County on any extension of
this project or any other project without the written authorization of Engineer shall be at
County's sole risk. Engineer shall have the right to retain copies of all such materials. Engineer
retains the right of ownership with respect to any patentable concepts or copyrightable materials
arising from its Services.
12. IVIISCELLANEOUS PROVISIONS
The ENGINEER further agrees that:
1. The County, the Federal Aviation Administration, and the Comptroller 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 maintain an affirmative action
plan in compliance with Executive Order No. 11246 entitled, "Equal Employment Opportunity."
The Engineer does not discriminate on the basis of race, color, religion, creed, national origin,
sex, or age. Goals and targets are specified in the affirmative action 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 and in accordance with the customary
standard of care.
4. Reasons for which this Agreement maybe 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, or failure of the County to provide
civil, structural, mechanical, or other details of systems existing at the site.
5. Reasons for which this Agreement maybe terminated because of circumstances
beyond the control of the Engineer include, but are not limited to, nonavailability of funds, or
policy decisions to abandon or postpone the work indefinitely.
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The Count,~agrees that:
1. The County shall make available to the Engineer all technical data that is in the
County's possession including maps, surveys, property descriptions, borings, and other
information required by the Engineer in relation to his work.
2. The County agrees to cooperate with the Engineer in the appr~~val of all plans and
specifications, or should they disapprove of any part of said plans and specifications, shall make
a timely decision in order that no undue expense will be caused the Engineer because of lack of
decisions. ff the Engineer incurs other expenses such as extra drafting, due to changes ordered by
the County after completion and approval of the plans and specifications, the Engineer will be
equitably paid for such extra expenses and services involved.
3. The County 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
maybe required by local, state or federal authorities; and shall secure the necessary land,
easements, and rights of way required for the Project.
4. Fees for services listed under Article II will be negotiated at a later date when the
Project scope is defined. These fees will be formalized by means of an amendment to this
contract.
13. Venue. This Agreement shall be construed in accordance with the laws of the
State of Colorado. The parties stipulate and consent to the exclusive jurisdiction and venue of
the District Court, Eagle County, Colorado, in any civil action, which might arise under this
Agreement.
14. Integrated Writing and Enforceability. This Agreement, with attachments,
constitutes the entire agreement of the parties with respect to the subject matter hereof and
supersedes all prior oral or written statements, understandings or correspondence, if any, with
respect thereto. This Agreement maybe amended from time by a written agreement duly
authorized by all the parties to this Agreement.
15. Notices. Any notices given under this Agreement shall be sent to
representatives listed below and are deemed to have been received if addressed to the contacts
listed below:
County: Mr. Jack Ingstad
County Administrator
Eagle County
590 Broadway
Post Office Box 850
Eagle, CO 81631-850
970-328-8604
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Engineer: Peter Zent
URS Corporation
8181 E. Tufts Ave.
Denver, CO 80237
303-694-2770
16. Assi~r-raents. Neither the County nor the Engineer shall assign this Agreement.
17. Invalid or Unenforceable. If any portion of this Agreement shall be declared
invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures this 17th day of
June, 2003.
ATTEST:
By: S ~~~
Clerk to the Bo.
Commissioners
URS CORPORATION
a Nevada corporation
By: , ~-~~~w-~
Vice President
EAGLE COUNTY STATE OF
COLORADO BY AND THROUGH ITS
BOARD OF CQIUNTY CQNIlVIISSION~
By:
Commissioners
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