HomeMy WebLinkAboutC03-338 Wright Water Engineers
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AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES
FOR
CNIL ENGINEERING
BERRY CREEK 5TH SITE - POND
This A~t Regarding Provision of Professional Services for ~ engineering services lOr
Tract C, Berry Creek 5th Filing, Edwards, CO. "Agreement" dated as 0 ~~) &(' . 2003, is
between the County of Eagle, State of Colorado, a body corporate and poll 'c, by and through Its Board of
County Commissioners "County", and Wright Water Engineers "Engineer".
A. Eagle County desires to design and engineer a three acre pond on Tract C at Beny Creek/Miller
Ranch in Edwards, Colorado.
B. Wright Water Engineers, Inc. are registered Engineers authorized to act as such in the State of
Colorado. Wright Water Engineers is a corporation authorized to do business in the State of
Colorado, the principal of which is Bill Lorah 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 A 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 tenns 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 sub-consultants. The Engineer shall provide 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 pond, detention facilities and as further described in,
and according to the schedule contained 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. Enlrineer' 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 ski1lfu1, professional and competent manner and in
acco~dance with the prevailing standard of care, skill and diligence applicable to engineers,
structural, electrical and mechanical engineers, as the case may be, with respect to similar work.
3. 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
confonnity with the completion dates set forth in Exhibit "A", provided that completion
dates for anyone 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 Wark 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.
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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
December 31,2003, 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.RS 29-1-rol et seq:r-
4. Comoensation 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 Phaseset 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, plus 7.5%, incurred by Engineer and his sub-consultants in
connection with the Work. Reimbursable costs shall include local travel within Colorado,
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
ofits 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.
5. Project Management: Bill Lorah and Eric Mangeot shall be designated as Engineer's Project
Managers 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
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delivered to the Client Representative. Either party may designate a different project manager by
notice in writing.
6. Indeoendent 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.
7. Personnel: The Engineer understands and hereby acknowledges that County is relying primarily
upon the expertise and personal abilities of Bill Lorah and Eric Mangeot 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 Bill Lorah. 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. .
8. 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 ofprofessionaI
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 Wright Water Engineers 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 Assil!Il1llent: 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 Bill Lorah. 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)
Type of Insurance
Coverage Limits
b)
Professional Liability
$1,000,000 minimum
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c)
Workers Compensation
As required by Colorado law
d) 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 insuraDce to the County within fifteen. (l 5) calendar days of executiOn of thiS
Agreement by the Board. .
e) 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:
Wright Water Engineers, Inc.
818 Colorado Avenue. Sft.. .3cl
P.O. Box 219'
Glenwood Springs, CO 81602
Tel 970 945-7755
Fax 970 945-9210
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.
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13. Miscellaneous:
a) The Engineer shall not discriminate against an:y 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 f~ly 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.
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,.TL
'-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
Clerk to the Board of
County Commissioners
Wright Water Engineers, Inc.
By: VV~Z ~
Title: ~~ ~
STATE OF COLORADO )
..J~
County of~
The foregoing was acknowledged before me this ~ l) -t:h.
)ss
)
day of lJDv@-ffibM" 2.D03 ,
by 'Wilham UQra..h os. s:'n\f)r Co(\~Jt-a.n+ ~r W...pa.+e.c-
t..'j; f\eers, ]:;I\C.
My commission expires:
818 Colorado Avenue
Glenwood Springs, CO 81601
My Commission Expires June 13,2005
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~
AUG 12 2083 09=29 FR WRIGHT WATER
3034801020 TO 19703288899
P.05/07
.M
Mr. Richurd Cl1IDliugh.:.Iln
A})ril 1, 2003
Page 3
\) O'jW'atioimJ StOlnge fot Irrigation. lrrigntioll requircmentE will b{~ defined tor the
BC/MR project. ~ro the extent the pond will be used for operational storage, the design
will take 1'0[1(,\ level fluctuation into account.
u Pond Siting tmd UEJ~Wjl Woll Situ and Pump Et11iemants. WWE will worl( with
PCE to determine., wlmt e",isting utilities (if any) need to be relocated nnd with :Mr. Bergh
in n~gal'ds to the siting of the pond.
t>> GefJfue!m;caJ. Once the preliminary design of the pond is revised, WWE will work
with Hepworth-Pawlak Geotechnical, Inc. to identify needed additional field
investigations.
l!l Colorado Mountain Callego (eMe) Site Plim Impacts. WWE will work with High
Country Engineetine in regards to the CMC design to ensure that there are no conflicts.
Dasign Studies
It Emlmnk7rumt Sectig", Pond Geomefly, and Borrow Areas. We assume the latest
topography for the site will be provided to WWE in electronic form. WWE will evaluate
alternate embankment sections, pond geometry. and borrow area locations consistent with
the existing topography, the engineering geoloey, and ecoteclmical recommendations.
Topugruphy will also be required in the drainage downstream of the reservoir to cnlculate
the witter sUlface from the spillway flood 01' a dam breach.
G Spillway ami Outlet AltemtJtives. Spillway and outlet alternatives will be evaluated
for location and their ability to release water from the reservoir. In the case of the
spillway, the design stotll'j will be based upon n classification that is related to the Hize of
the resel"voii', the height of lhe dam, and the potentia] for property damage or loss of life
downstream in the event of a failure. TIle outlet structure must be sized to draw the
reservaiI' down quickly during an emergency.
iii /nfomu! Dftilmij Ripl.fllJII and Energy Dissipation. TIle embankment section will be
d(~signed with internal drainage features to control the phreatic surface ill the
embankment and prevem piping of fine-grained soils through the embankment by
seepage forces. Riprnp and energy dissipation structures for the downstream end of the
outlet pipe and spillway will be designe.d using ripl'ap or concrete STructmes as required
by thl'; water forces.
e HytlrJmlic S'mct{Jf'e~;.. The spillway) intake(s) and nutlet will be si:.r.ed for tmticipated
flows.
d Sti'uctuml Desigll (;f AplJurtol'wnt Struc(Uii)&. ConCl'et(~ appurtenant structures will
be de~;igned aml detailed for the imposed forces. We do not pn)liose to desien fue
in'ii~ntion ~y~tem/p\.Unphouse at this litHe.
AUG 12 2003 09:30 FR WRIGHT WATER
3834801020 TO 19703288899
P. 05/f:J7
Mr. Richard CnnninguClm
April 1. 2003
Page 4
Fim:al D{~5iUIl
:) ROlli~tjd PfuJimimlijf Dim/fjll. A revised preliminary desiBDwill be prepared by WWE
for apprOI,riatc parties to review and ap!)l'OVfl.
/I Final Desigll Dr/liNings and Construction SpacifiG~tions. These documents will
be prepared for the project consistent with the local practice of engineering. We
antIcipate about 610 g design dmwlngs for this project.
fIj Quantity Estimate. An estimate of the quantity of each pay item will be developed for
negotiating and/or bidding the construction. An engineer's opinion of probable cost for
constructing the pond -will be prepared.
Ii) Enylu@fJfing Des/gfl Ropol't A letter report wHl be prepared explaining the basis for
design of the pond including hydrology> geotechnical engio.eeting, and hydraulic
considerations.
Construction Administration
III Submittal Rov;ul.v. Review and approve oontl'8ctoJ' submittals.
, .
I) eollsiructioll Olb""efVst;on. Provide field observation to monitor the progress and
quality of construction. The service includes l'eview of soil and concrete quality control
test results conducted Wlder a separate contract wilh 11 testing agency.
9 Field Modifications. Provide memoranda and sketch drawings during construction to
clarify the owner's requirements and assist the COl1tractor.
lit RUt":tlld [J,.tlwinfJ$. Prepare final project reports and record drawings
SGHEDULE
We propose to lflltmte the design study immediately upon recelvmg notice to proceed.
Completion of the final design drawings and &'])ecit1cation package is expected to be completed
ill August 2003.
1~t:lViUNElli\TION
Since tbe work requIred to tlCc<HilpIish the outlying design studies cannot be aCl.'au'atcly defined
in advance. w~~ IJropose lkLlllur [~e be based on our hourly uuit cost in an~o)'fulI1CC with the
Mr. Richard Cunningh_~
April!, 2003
Page 5
attached fee schedule and itemized cost estimate, and we estimate that the total WWE fee will
fall within the range of $50,000 to $55,000, plus direct expenses.
If this proposal meets with your approval, please sign the enclosed Project Agreement and return
it to our Glenwood Springs office. We will execute the project agreement and return a copy to
you. If there are any questions regarding this proposal or scope of services, please feel free to
contact us.
Very tIUly yours,
WRIGHT WATER ENGINEERS, INC.
BY~ ~
Eric F. Mangeot, P.E.
Water Resources Engineer
BY_W~/~
William L. Lorah, P .E.
Senior Consultant
Attachments
D:\Wlllk\W'WE'JI61~U70IllZ\PoDd Design PruposaJ.doc
WRIGHT WATER ENGINEhaS, INC.
PROJECT AGREEMENT
Project Name: Berry CreeklMiller Ranch
Multi-purpose Pond Design
Client Name: Eagle County
AdilTess: P.O. Box 850
Eagle, CO 81631
Project Number:
Project MfJIUlger: David M. Jubenville
Billing Address: Same
Telephone! 970-328-8600
Fg: 970-328-7207
Attention: Mr. Richard Cunningham
Director of Facilities
Scope 01 Senlces:(x) Attachment A, propofial dated:
April 1. 2003
Or: ( ) as stated as follows:
Prior to commencement of work, a retainer of $ NI A will be received to be credited against the final billing. Client shall
compensate Wright Water Engineers. Inc. monthly for services and expenses as set forth in the attached Schedule of Hourly Rates
(Schedule B).
The total invoiced amount shall not exceed by more than 10% the estimated professional fee of $55.000. plus expenses without further
negotiation and further written agreement between Wright Water Engineers. Inc. and the ClienL Should work beyond that described in
the Scope of Services be required. it will be paid for as extra work at a cost to be agreed upon prior to commencement of the additional
work. If ~:.j~ Water Engineers. =. hiri:s an dOH''', t6 eeHeet ~ ~ dae it tIftder this Agreemem. CIieBt shall PIlJ Wrisllt Wa
tel" IiRgiReeJi. IRG. aU roassBallle atteRl&y's fees lHHi e9* that it iReHfS is l!hat eaR_e8 effaft.
For:
Date:
By:
(Print name and title)
Acceptance by Agent of Client:
The undersigned represents and warrants that s the duly appointed and authorized a t of the Client and that he is authorized by the
Client to enter into this Agreement, in aunt specified. on behalf of the ClienL Howev the undersigned agrees that if the Client
does not pay Wright Water Engi Inc. the monies due it, when due. under this Agreement e undersigned will guarantee that
obligation by promptly . payment to Wright Water Engineers. Inc.. in full. of the unpaid balanc ue Wright Water Engineers.
Inc. under this Agree
Signature
By:
(Print name)
D:\WlH'k\WWE\86I-003\170hJz\Pond Design PA.doc
.VRIGHT WATER ENGINEE_....., INC.
2003 SCHEDULE OF KOURL Y RATES
SCHEDULED
PERSONNEL
SENIORCONSULTANTIPRlNClPAL
SENIOR PROJECT ENGINEER/SCIENTIST
SENIOR ENGINEERING/SCIENTIFIC PROFESSIONAL
ENGINEERING/SCIENTIFIC PROFESSIONAL I
ENGINEERING/SPEClAUST
ENGINEERING/SCIENTIFIC PROFESSIONAL n
ENGINEERING DESIGNERlPROFESSIONAL ill
ENGINEERING TECHNICIAN I
ENGINEERING TECHNICIAN n
ENGINEERING TECHNICIAN m
ENGINEERING TECHNICIAN IV
RATE PER HOUR
$13-2..
$114
$102
$94
$85
$76
$65
$61
$56
$53
$37
. Automobile at 38 cents per mile.
. Four-wheel drive vehicle at 50 cents per mile.
. AutoCAD at 15 dollars per hour.
. Computer at 10 dollars per hour.
l!n and onl!-half percent (7.5%) will be added to all reimbursable expenses to cover
adm . tration for special consultants. independent laboratory tests, direct printing cost,
telephone, 'Plies, lodging and subsistence. in-house computer, auto, postage, .D and
traveL
TERMS OF PAYMENT: It is eed that this account' billed on a monthly basis.
Unless otherwise approved by the Com y, paymen . due upon receipt of invoice. Mail
payment to the main office of the Company West 26th Avenue, Suite l00A, Denver,
Colorado 80211. If payment is not rec . cb agrees to pay interest at the rate of 1.5
percent per month on the outstandin ance. This does constitute a credit arrangement, and
in no case shall the minimum ent be less than 33 percent a e amount billed. If account is
placed with an attorney collection, client agrees to pay court 'co and reasonable attorney
fees. The liabili right Water Engineers, Inc. for losses or dama arising out of the
errors, omiss. s, or negligence of Wright Water Engineers, Inc. while provi' professional
service all be limited to the total fee due Wright Water Engineers, Inc. pursu to this
a ement.
C:\99I-999\FORMS\Cunent\WWEsbcB. '02.doc
