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HomeMy WebLinkAboutC03-211 Walsh Environmental Scientists & Engineers, LLCr ' • • AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES FOR Environmental Assessment Eagle County Airport, Runway Extensions This Agreement Regarding Provision of environmental consultin services for Eagle County Airport Runway Extensions, Gypsum, CO. "Agreement" dated as o - ~' 2003, is between the County of Eagle, State of Colorado, a body corporate and politi , y and through its Board of County Commissioners "County" and Walsh Environmental Scientists & Engineers, LLC "Consultant". A. County wants to develop and submit an Environmental Assessment, under the applicable provisions of the National Environmental Policy Act, to the FAA relevant to securing federal funding for runway extensions at the Eagle County Airport Gypsum, CO. B. Consultant has expertise in environmental consulting and engineers authorized to act as such in the State of Colorado. Consultant is a corporation authorized to do business in the State of Colorado. C. Consultant has submitted to County a proposal for performing the Scope of Work (defined below), such proposal attached hereto as Exhibit "A" and incorporated herein by reference, and represented that it has the expertise and personnel necessary to properly and timely perform the Services. D. The Consultant and County intend by this Agreement to set forth the Scope of the responsibilities of the Consultant in connection with the Work and related terms and conditions to govern the relationship between the Consultant 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 Consultant Work consists of those services performed by the Consultant, Consultant Employees and Consultant sub-consultants. The Consultant shall prepare all labor, materials and equipment necessary to perform and complete the work described herein and as follows ("Work': Attached hereto and incorporated herein by reference is the "Statement of Qualifications for Professional Services for Environmental Assessment" by Walsh Environmental Scientists and Engineers, LLC, dated February 21, 2003: The Consultant shall perform the Work as further described in the Consultant' s proposal dated June 10, 2003 and attached hereto as Exhibit "A". To the extent that any provision in this Agreement -conflicts with a term or condition of the proposal, this Agreement shall control. 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 particulaz time. 1 G:\CPROJECT\AIRPORT\ENVIRONMENTATL ASSESSMENT- RUNWAY EXTENSION\WALSH ENVIRONMENTAL EA AGREEMENT-EGE-6-5-03.DOC • • The Parties hereto recognize that the scope of the Work may change. When the Consultant 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 Consultant shall immediately advise County of such belief and shall also provide a statement of the maximum additional chazges for such work. The Consultant 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. Consultant 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 Consultant to do so will not relieve him from responsibility for successfully performing the Services without additional expense to the County. 2. Consultant' s Professional Level of Caze: The Consultant shall be responsible for the completeness and accuracy of the Work, including all supporting data and other documents prepazed 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 Consultant' s work shall not relieve the Consultant of any of its responsibilities. The Consultant and its professional sub-consultants shall perform the Work in a skillful, professional and competent manner and in accordance with the highest standards of caze, skill and diligence applicable to environmental consultants and scientists, as the case maybe, with respect to similar work. Time of Performance and Termination: a) The Consultant shall commence the Work within five (5) business days after this Agreement has been executed by both parties. The Consultant 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 maybe 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 Consultant. 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 Consultant complete pazticulaz portions of the Work on a time and reimbursable expenses basis consistent with paragraph 4 hereof. Upon termination the Consultant shall deliver to County all drawings, illustrations, text, data and other documents entirely or partially completed, together with all material supplied to Consultant by County. Payment will be due within thirty (30) days after Consultant has delivered the last of the partially completed documents, together with any records that may be required to determine the amount due. 2 G:\CPROJECT\AIRPORTIENVIRONMENTATL ASSESSMENT- RUNWAY EXTENSION\WALSH ENVIRONMENTAL EA AGREEMENT-EGE-6-5-03.DOC • 4. Compensation and Payment: In consideration of its performance of the Work, the Consultant shall be paid for professional time and reimbursable expenses actually spent on or incurred in - performing the Work, according to the rates and schedules established in the proposal, provided that the total payment for each Phase set forth in the Fee Proposal which is a part of Exlu~bit "A" hereto shall not exceed the amount set forth therein: a) The Consultant shall submit to County monthly invoices of the progress made and expenses incurred during the previous calendaz 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, Consultant 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 Consultant together with submission of any required clarification and documentation. c) For the purposes of this Agreement, the term "reimbursable costs" shall include only actual out-of-pocket expenses incurred by Consultant and his sub-consultants in connection with the Work. Reimbursable costs shall include local in state travel, telephone, postal, or air freight charges. Reimbursable costs will include blueprint/plan printing (sufficient copies as directed by County for distribution and County use, fax and photo-reproduction costs, plus handling cost of 10%. d) The Consultant 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 standazds, compliance with the requirements of this Agreement and the law. e) Rates established in Exhibit "A" shall remain in effect during the duration of this Agreement. f) The patties recognize that County is a governmental entity and that all financial obligations beyond the current fiscal yeaz aze subject to funds being budgeted and appropriated. Notwithstanding anything to the contrary contained in this Agreement, no chazges shall be made to County nor shall any payment be made to the Consultant for any Work done after December 31, 2003 without approval of the County in accordance with a budget adopted by the Boazd of County Commissioners pursuant to the provisions of Article 25 of Title 30 of the Colorado Revised Statutes and the Local Government Budget Law (C.R.S. 29-1-101 et seq.) 3 G:\CPROJECTIAIRPORT\ENVIRONMENTATL ASSESSMENT- RUNWAY EXTENSION\WALSH ENVIRONMENTAL EA AGREEMENT-EGE-6-5-03.DOC • Project Management: John Murray and Allen Crockett shall be designated as Consultant Project Managers for the Work. Eagle County Director of Facilities Management shall be County manager responsible for this Agreement. All correspondence between the parties hereto regazding 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. 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. Consultant shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of Consultant shall be, or shall be deemed to be, the employee, agent or servant of County, the Consultant shall be solely and entirely responsible for its acts and for the acts of Consultant' s agents, employees, servants and subcontractors during the performance of this Agreement. 7. Personnel: The Consultant understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of John Murray and Allen Crockett. 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 John Murray or Allen Crockett. Tn the event that the individuals identified herein are unable to remain involved in the Work, Contractor shall immediately notify County who shall determine whether the Agreement will be terminated. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successor 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 this Agreement. 8. Ownership of Documents: All documents (including electronic files) which aze obtained during or prepazed, partially or wholly, in the performance of the Work 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 Consultant and shall at all times be deemed the property of the County, whether or not the Work under this Agreement is completed. 9. Insurance: At all times during the term of this Agreement, Contractor shall maintain the following insurance: a) Tvae of Insurance Coverage Limits b) Professional Liability $1,000,000 minimum c) Workers' Compensation As required by Colorado law 4 G:\CPROJECTIAIRPORT\ENVIRONMENTATL ASSESSMENT- RUNWAY EXTENSION\WALSH ENVIRONMENTAL EA AGREEMENT-EGE~-5-03.DOC i ~1 d) All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. The Consultant 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, Consultant 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. 10. Indemnification: Consultant 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 Consultant 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 Consultant. 11. 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) Consultant: John C. Murray Walsh Environmental 4888 Pearl East Circle, Suite 108 Boulder, CO 80301 Tel 303/443-3282 Fax 303/443-0367 b) County: Rich Cunningham, 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. 5 G:\CPROJECTWIRPORT\ENVIRONMENTATL ASSESSMENT- RUNWAY EXTENSION\WALSH ENVIRONMENTAL EA AGREEMENT-EGE-6-5-03.DOC • • 12. Miscellaneous: a) The Consultant 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, religion, national origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation or family responsibility. The Consultant shall require all consultants to agree to the provisions of this subparagraph. b) The malting, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement other than the Statement of Qualifications for Professional Services for Environmental Assessment submitted by Walsh Environmental Scientists and Engineers, LLC on February 21, 2003. 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. d) 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. 6 G:\CPROJECTIAIRPORT~ENV[RONMENTATL ASSESSMENT- RUNWAY EXTENSION~WALSH ENVIRONMENTAL EA AGREEMENT-EGE~5-03.DOC • IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF o4~•G$r- c©G COLORADO, By and Through Its ?, BOARD OF COUNTY COMMISSIONERS m ~ A EST: ` * o* o~7C~G~~ozC~ °Otone-~ By: 1 k to the Board of ~ ' County Commissioners ~O~ ~ J ~~~ 1~~~h ~~"f~~ Walsh Environ~r , ' is Engineers, LLC By: Title: C~icp STATE OF COLORADO ) )ss County of Eagle ) The foregoing was acknowledged before me this ~~-- day of V o v ~' ZQ D 3 ~ by ~ V M. ~ . S~ O ~ L- . V~ ~r~1 V~--1r-t IPr ~ ~'CZC~ < <= Y"l ~~~~ C,~ ,~_L.c.~C. My commisslon explres: ~p l ?~ ~ ~~ Notary Public 7 G:\CPROJECTWRPORT\ENVIRONMENTATL ASSESSMENT- RUNWAY EXTENSION\WALSH ENVIRONMENTAL EA AGREEMENT-EGE-6-5-03.DOC c Environmental Scientists and Engineers, LLC an ecology and environment company June 10, 2003 Mr. Richard Cummingham c/o Eagle County Facilities Management 590 Broadway Eagle, CO 81631-0850 Re: NEPA EA/FONSI Services for EGE Expansion Scope of Work, Costs, and Scheduling Dear Rich: The. Walsh/E&E, Weston, and I-iMMH team (the "Consultant") is pleased to present this letter outlining our proposed Scope of Work, Costs, and Scheduling for the NEPA EAlFONSI Services required far planned runway improvements at the Eagle County Regional Airport. Scope of Work (SOW): The Consultant will analyze and present the purpose and needs for the preferred action (1000-foot eastern runway/taxiway expansion) along ~~rith two alternate actions (a. the preferred action combined with a 1000-foot western rumvay; taxiway expansion and b. the preferred action combined with a 1000-foot western stopway expansion}. The affected environment (physical, biological, economic, and social} for the preferred action and the na action alternatives will be evaluated and appropriate mitigation measures for the affected environment will be presented. The EA will comply with the requirements and guidelines of FAA Orders 505.4A and l 050.1D. An outline of the proposed SOW tasks are presented: Task 1: Data Collection/kick-off Meeting with FAA Task 2: Scoping and Public Involvement Planning Task 3: Noise Study Task 4: Socio-economic, Environmental Justice, and Land Use evaluation Task 5: Air Quality Evaluation Task 6: Water Resources, Floodplains, and Wild 8i Senic Rivers Analysis Task 7: Traffic Analysis including DOT 4(fj evaluation Task 8: Evaluation of Cultural, Archeological, and Paleontologic resources Task 9: Biotic, Ecologic, and T & E Species evaluation Task 10: Wetlands Evaluation Task 1 l: Farmlands, Soils, and Geology E;valuation Task 12: Energy Conservation, Lighting, and Solid Waste Unpact Analysis . __.,_ - - _~sR H .~~ ., _~ ... __.. 4888 Pearl East Circle .Suite 108 . Boulder, Colorado .80301-2475 . Phone (303)443-3282 . FAX (303) 443-0367 • •' JUL-18-2003 14 45 ~ WRLSH ENVIRONMENTAL • 3034430367 P. 10 'T'ask 1 ~ : C«t~strttctian Impacts T~ISk 14: Fn-virormental Cantamination ASSP.ssment Task 15: Dt•ail and Final EA Tasl~ 1 G: Public Heaj`ing Taslc 17: riri311/A/FOIJ~I hosts; The Cc~nseiltant j~rc~pcssed io complete the presenfied ~C3W for an estimated e:cst of $149,925. They atiachr:cl spreadsheet identifies tl7e planned l~erseatu;;rl, their rates, and associated level of effort for each task. ~c~~etizlr><Ie: The ConsultarYt lead prepared the attached project. schedule that identifies thgr anticipated eimeIines and inilcasianes .for the critical eleinegnts cxf the punned SC~W_ We look forwrard to serving fhc: tvoulaty eaf Eag]e t:nci providing the necesshry services tea fulfill its needs :Ind•olyjc:ulives• .~: , ~~ f~~yy, L:nviri~tuctrnt:{I ticienti~,ts :utii PaNinrcis, I.(.C _. .. ,~ .. . ....~ ~.._.. ,wa..a'-....~..._ ....,-~ ~..~._ .. _....'....y ...«.r.:.....~..:.... ....,. t..~.~..__~~~.._iii'S.i.c..~...~...:.~u6.a•Jr.~uii1_.... 7u.~__. ... an r•culut;y anti ~•nvironiin•,ii ivu,l„uiy . attach mcnts Z ~~JJ Q~ Z ~ Z Q ~yx Q2LL W C 0 ~a o°a U W • a 0 o e 0 o o 0 o $ c oo 0 0 o o 0 o o 0 d o 0 o oo o a o o o o o 0 o 0 g o 0 e 0 g $ao c`{ o °o °o°o °o °o °o ~ Gif mo ° ~ o O gg a~S~ eNi ~ n ~N m o Om c ~ d m o m o n ai ° o ~ n o ~r an m d m c ~u ~ d N c ~ ~ °~ !aQ CCCf// d i m w f w { y mW °1 t9 O m N~ N~ 19 ~ ~ mm p (9 H ~ ( &i { ~ 6/~ wm1 ~ ~ m K/9 ~ w » IA b m td ~ p aD O P m t~I .p d m vmi Pml ~ m Nah O m {y O YNI b ~p a+l N p m 0t7 m N ~ ~ N tm9 m s 0 m 19 CI D ~ N N N NP O d N N N 0 O 0 ~ 0 00 f~ m . 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