No preview available
HomeMy WebLinkAboutC04-031 Felsburg Holt & Ullevig ~t '" . c.. (1 tf - 3f-.b-V AGREEMENT FOR THE PREPARATION OF THE ROAD CAPITAL IMPROVEMENT PLAN UPDATE, PHASE II This Agreement for the preparation of the Road Capital Improvement Plan Update, Phase II dated as of':$ ~~ \. ') F\'1'''", ~ \ ~ . 2004, is between Eagle County, a body corporate and politic, by and through its Board 0 County Commissioners ("County"), and Felsburg Holt & U1levig ("Consultant"). RECITALS WHEREAS, the purpose/intent of this Agreement is to prepare Phase II of the update to the Road Capital Improvement Plan; and WHEREAS, on May 7,2002, the County entered into an Agreement with Consultant for the Road Capital Improvement Plan Update, Phase I; and WHEREAS, the Consultant has submitted to County a Proposal for performing the work for Phase II (further defined in Section 1) and represented that it has the expertise and personnel necessary to properly and timely perform the work; and WHEREAS, 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. NOW, THEREFORE, for good and valuable consideration, including the conditions set forth herein, the parties agree to the following: AGREEMENT 1. Scope of the Work: The Work shall be comprised of the following services: A) Analysis of Improvement Concepts; B) Public Process; and C) Documentation, as described in the Consultant's proposal attached hereto as "Exhibit A." 2. Consultant's Performance: Consultant shall be responsible for the completeness and accuracy of the work, 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 Consultant's Work shall not relieve Consultant of any of its responsibilities. Consultant shall perform the work in a skillful, professional, and competent manner and in accordance with the standards of care, skill, and diligence applicable to Engineers, as the case may be with respect to similar work. 3. Time of Performance: Consultant shall commence the work within ten (10) business days after the date of this Agreement. All work shall be completed not later than December 31, 2004, unless approved by change order to this contract. 4. Compensation and Payment: In consideration of its performance of the scope of work, Consultant shall be paid monthly based on percent of completion by task and direct 1 '. expenses at cost. The total not to exceed fee is $58,170.00. Payment shall be made in accordance with the following: a. Consultant shall submit to County monthly invoices of the time spent and expenses incurred during the previous calendar month. b. 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. Hourly rates shall be as provided in the cost proposal included in Exhibit "A" and incorporated herein by this reference. Fractional hours will be billed at the nearest one-quarter hour. d. The parties hereto recognize that the Scope of the Work may change. When 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, Consultant shall immediately advise County of such belief and shall also provide a statement of the maximum additional charges for such work. 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. e. 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 standards, compliance with the requirements of this Agreement and the law. f. Additional services, if required beyond the Scope of the Work, shall be separately negotiated and agreed to in writing by both the County and Consultant prior to the Consultant performing the additional service. 5. Proiect Management: Charles M. Buck, P.E. shall be designated as Consultant's Project Manager for the work. Phillip M. Bowman, P.E., Eagle County, shall be County's Project Manager responsible for this Agreement. All correspondence between the parties hereto regarding this project shall be between and among the project managers. Either party may designate a different project manager by notice in writing. 6. Independent Consultant: 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 Consultant. No agent, employee, or servant of Consultant shall be, or shall be deemed to be, the employee, agent or servant of County. 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. 2 ''It .. 7. Personnel: Consultant understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of Charles M. Buck. This Agreement is conditioned upon the continuing direct personal involvement of said personnel in the work. County understands that other employees of Consultant will be working on portions of the work; however, these employees shall be under the direct supervision of said personnel at all times. In the event that said personnel is unable to remain involved in the work, Consultant shall immediately notify County and County shall have the option to terminate this Agreement. 8. Ownership of Documents: All documents which are obtained during or prepared in the performance of the work are copyrighted and shall remain the property of the County, shall be so designated on the face of the document, and are to be delivered to County's Project Manager before final payment is made to Consultant or upon earlier termination of this Agreement. 9. Electronic Submittals: Project development correspondence shall be produced on Microsoft software products and base mapping and plan sheets will be made utilizing AutoCad 2000 or newer version. All project documentation shall be furnished on a CD to Eagle County. 10. Confidentiality: Consultant acknowledges that it may receive confidential information from County for use in connection with its performance of the work. Consultant further acknowledges that it may in the performance of the work develop information, including facts, data, and opinions, which are, or in County's judgment should be, confidential or limited in terms of dissemination. Consultant shall take all precautions necessary to maintain and protect the confidentiality of any such information and to ensure that it shall be used only for the purposes of the work. All facts, data, and opinions developed by Consultant in the course of its performance of the work shall be deemed to belong to County and no such facts, data, or opinions shall be disseminated to anyone for any purpose without County's express written consent. Upon completion of the work, Consultant shall return to County all material it supplied to Consultant in connection with the performance of the work. 11. No Assignment: The parties to this Agreement recognize that the services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement, County is relying upon the personal services and reputation of Consultant. Therefore, Consultant may not assign its interest in the Agreement, 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. 12. Conflicts of Interest: Neither Consultant nor its subcontractors, nor any oftheir respective principals, officers, employees, or agents shall, at any time during the term of this Agreement and continuing through three (3) months following completion of the work, perform consulting work which would constitute a conflict of interest, including but not limited to work 3 I . ~ on behalf of persons owning property within the area which is the subject of the work. By acceptance of this Agreement, Consultant represents and warrants that any and all of its professional representations and associations, and those of its subcontractors and of their respective principals, officers, employees and agents, direct or indirect, which would conflict in any manner or degree with the professional and impartial performance of services required under this Agreement have been terminated. 13. Notices: Any notice and all written communications required under this Agreement shall be given by personal delivery, courier delivery, facsimile transmission together with a "hard copy" by United States mail, or first class mail, to the appropriate party at the following addresses: Consultant Felsburg Holt & U1levig 7951 E. Maplewood Ave., Suite 200 Greenwood Village, CO 80111 Phone: (303) 721-1440 Fax: (303) 721-0832 County: Phillip Bowman, Project Engineer Eagle County Engineering P.O. Box 850 500 Broadway Eagle, CO 81631 Phone: (970) 328-3560 Fax: (970) 328-8789 Notice shall be deemed given on the first to occur of delivery, transmission by facsimile (if transmitted during customary business hours, or the following business day if not), or three calendar days after deposit in the mails, as applicable. 14. Miscellaneous: a. 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. Consultant shall require all subcontractors 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 of, deletion from or addition to the Scope of the Work, except by a written document of equal formality executed by both parties hereto. 4 I ~ c. This Agreement shall be governed by and construed in accordance with the 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. 15. Budget/Appropriation: Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payment be made to Consultant in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 ofthe Colorado Revised Statutes, the Local Government Budget law (C.R.S. ~29-1-101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). GENERAL CONDITIONS 1. Consultant shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the work. 2. Consultant shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by Consultant to do so will not relieve him from responsibility for successfully performing the work without additional expense to the County. County assumes no responsibility for understanding or representations concerning conditions made by and of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 3. Consultant shall supervise and direct the work, using Consultant's best skill and attention. Consultant shall be solely responsible for coordinating all portions of the work. 4. Consultant, as soon as practicable, shall furnish in writing to the County the names of subcontractors and suppliers for each portion of the work. 5. No charge shall be made by Consultant for hindrances or delays from any cause whatever during the progress of any portion of the work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of County. In any event, County may grant an extension of time for the completion of the work, provided it is satisfied that delays or hindrances were due to causes outside Consultant's control, e.g., weather, or to acts of omission or commission by the County, provided that such extensions of time shall in no instance exceed the time actually lost to Consultant by reason of such causes, and provided further that Consultant shall have given County immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. 5 " .. 6. Consultant warrants to County that the work will conform to the requirements of the Agreement. 7. Consultant shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the work. If the Consultant performs work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to County, Consultant shall assume full responsibility for such work and shall bear the attributable costs. Consultant shall promptly notify County in writing of any conflicts between the specifications for the work and such governmental laws, rules and regulations. 8. Consultant's Insurance: Consultant shall purchase and maintain in a company or companies to which County has no reasonable objection such insurance as will protect Consultant and County from claims which may arise out of or result from Consultant's operations under the Agreement, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The insurance required shall be written for not less than any limits of liability required by law or by those set forth below, whichever is greater. All such insurance shall be written by companies authorized to do insurance business in the State of Colorado. a. Workmen's Compensation including occupational disease, and Employer's Liability Insurance in amounts and coverage as required by the laws of Colorado. b. Comprehensive General Liability Insurance - Consultant shall maintain a Comprehensive General Liability Form of Insurance with bodily injury liability limits of $1,000,000 for anyone (1) person in anyone occurrence and $2,000,000 for two (2) or more persons in anyone occurrence and with property damage liability limits of$1 ,000,000 in any one occurrence. c. Consultant shall maintain Professional Liability Insurance with minimum coverage limits of $1,000,000 per occurrence, $2,000,000 aggregate. Certificates of Insurance: Certificates of Insurance acceptable to the County shall be filed with the County prior to commencement of the work. These Certificates shall contain provisions naming the County as an additional insured under Consultant's Insurance for Comprehensive General Liability, and that coverage afforded under the policies will not be canceled until at least thirty days prior written notice has been given the County. Consultant and his subcontractors shall not permit any of his subcontractors to start work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the County. Failure of the Consultant to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. Subcontractors: Before permitting any of his subcontractors to perform any work under this contract, Consultant shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, insurance of the types and in the amounts as may be 6 .~ I ~. applicable to his work, which type and amounts shall be subject to the approval of the County, or (b) insure the activities of his subcontractors in his own policy. 9. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless, the County, its Board of County Commissioners and the individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants, and its successors (collectively, the "County Representatives") from any and all fines, demands, losses, liabilities, claims, damages and judgments, including reasonable attorney's fees, together with all costs and expenses arising out of and resulting from performance of the work thereto which may accrue against, be charged to, or be recoverable from the County, its Board of County Commissioners, and its individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants and its successors, as a result of the willful or negligent acts, errors or omissions of Consultant, its employees or agents, in connection with Consultant's work, except to the extent such injury or damage results from the willful acts of the County or any of the County Representatives. The parties agree that this clause shall not waive the benefits or provisions of C.R.S. 24-10-114 or any similar provision of law. 10. After execution of the Agreement, changes in the work may be accomplished by Change Order or by order for a minor change in the work. County, without invalidating the Agreement, may order changes in the work within the general scope of the Agreement consisting of additions, deletions or other revisions. a. No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Consultant that lawful appropriations to cover the costs of the additional work have been made. b. A Change Order shall be written order to the Consultant signed by County to change the work. c. County may also order minor changes in th~ work not involving changes in the Contract Price or the Contract Time. Such changes shall be written orders and shall be binding on the Consultant and County. Consultant shall carry out such written orders promptly. 11. Final Payment: Upon written notice from Consultant that the work is complete, County will make a final inspection with Consultant, and will notify Consultant in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Consultant shall immediately take such measures as are necessary to remedy such deficiencies. After Consultant has completed all such corrections to the satisfaction of County, Consultant may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as County may reasonably require, together with complete and legally effective releases or waivers (satisfactory to County) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by County, Consultant may furnish receipts or releases in full; an affidavit of Consultant that the releases and receipts include all labor, services, material, and equipment for which lien could be 7 .. filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which County or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, ifany, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Consultant may furnish a bond or other collateral satisfactory to County to indemnify County against any lien. 12. Consultant warrants and guarantees that all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to County at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens"). 13. Final payment is subject to the Final Settlement requirements and time periods set forth in C.RS. ~38-26-107. 14. The Consultant shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. 15. Consultant shall promptly correct work rejected by County as failing to conform to the requirements of the Agreement and Consultant shall bear the cost of correcting such rejected work. 16. County may terminate this Agreement, in whole or in part, for its convenience upon providing written notice, by delivery or by mail, to Consultant. Upon such 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 Consultant complete particular tasks or subtasks on a time and reimbursable expenses basis as provided in paragraph 4 hereof. Upon termination Consultant shall deliver to County all photographs, 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. 17. In the event of any conflict between the provisions of these General Conditions and the Specifications or the Agreement, the terms of the Specifications or the Agreement, as the case may be, shall control. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 8 .. ," '" ATTEST: Teak J. Simonton, Clerk to the Board of County Commissioners "COUNTY" COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS "CONSULTANT" FELSBURG HOLT & ULLEVIG By: D.: J LD-.-:it- Name: ~IC c.. 6,-",,-uEfT Title: ",ess.. PG!...e6l[)~T STATE OF COLORADO ) ~1 ) ss County of I 1.11111/1 ~ ) The foregoing was acknowledged before me this t"ri- day of jp/1p/lr1 .2004 by AAVu/C.I/#/'/ltT1 as net!.. j1rl'>~r of Fe Is burg Holt & U1levig. , WITNESS my hand and official seal. 6~/;1/i7~ y , My commission expires ~b?,~'Hhll otary Public (! 9 Proposal to Eagle County, l..-olorado for Transportation Services PROPOSAL TO EAGLE COUNTY, COLORADO FOR TRANSPORTATION SERVICES Currently, Eagle County's Land Use Regulations utilize a road impact fee schedule to assess new development a proportionate share of the costs associated with roadway improvements, as identified in the Eagle County 2010 Road Capital Improvement Plan. The 2010 Road CIP identified capacity improvement needs based on population and employment growth estimates between the years of 1995 and 2010; to keep the road impact fee schedule current, the County initiated an update to the 2010 Road CIP using traffic modeling forecasts based on current population and employment estimates for the years 2000 and 2025. In February 2003, Felsburg Holt & Ullevig prepared a Technical Memorandum documenting the first phase of the update process. Work conducted under Phase I included collecting current traffic volume data, compiling and analyzing socioeconomic data, updating and calibrating the Eagle County transportation model, and identifying areas of deficiency for both existing and forecasted year 2025 conditions. As a continuation of the 2025 Road CIP development process, Felsburg Holt & Ullevig is pleased to submit this proposal to conduct the second phase, which would include the refinement of capacity improvement concepts to accommodate the projected growth in travel demand to the year 2025, development of preliminary opinions of probable costs of the identified improvements, and would include an extensive public involvement program as directed by the County. The proposed Phase" work program is as follows: WORK PROGRAM A. Analysis of Improvement Concepts · Prepare a descriptive list of all roadways of collector or higher status owned and maintained by Eagle County. This list will be used to help identify those facilities which are eligible for funding under the County's Impact Fee schedule. · Develop peak hour traffic volumes and intersection turning movement forecasts from model output at key locations as identified in Phase 1. Conduct roadway and intersection capacity analyses for the projected future conditions. · Develop roadway and intersection improvement alternatives to maintain acceptable traffic operational levels, as defined by the County. This effort will focus primarily on County facilities and their connections with the State highway system, and will consider the context of the State/Federal highway system. · Incorporate the roadway and intersection improvement concepts as identified in the recently prepared US 6 Corridor Feasibility Study. · Prepare Preliminary opinions of probable cost for the improvement alternatives, based on available project cost estimates, updated unit cost assumptions for mountain area construction, and available CDOT data. f. FELSBURG ",HOLT& ULLEVIG EXHIBIT Page 1 Proposal to Eagle County, Colorado for Transportation Services · Available topographic information will be compiled, and a windshield and foot survey will be conducted to ascertain significant unique features associated with the identified improvement projects. B. Public Process · Conduct public meetings as necessary with State, County, and Towns, including staffs, boards, and councils, to coordinate the development of the Road Capital Improvement Plan. Up to four such meetings, as directed by the County, are included in the following budget estimate. · . Conduct public workshops or open houses to solicit citizen input and present findings. Up to three such meetings, as directed by the County (two to be held in the Vail/Eagle Valley and one to be held in the Roaring Fork Valley), are included in the budget estimate. C. Documentation · A draft Technical Memorandum will be prepared for County review to document the data collected, the analyses conducted, and the resultant findings and recommendations. · Final documentation will be prepared to incorporate County comments on the draft version. COST OF SERVICES The following table summarizes the estimated man-hours and costs associated with the above Scope of Work. Man-Hour Estimate and Estimated Budget Task Principal Sr. Engineer Engineer Technical Total $150/Hour $95/Hour $75/Hour $65/Hour A. Analysis 26 54 100 48 228 B. Public Process (1) 36 82 106 48 272 C. Documentation 6 26 42 16 90 Total Hours 68 162 248 112 590 Total Cost $10,200.00 $15,390.00 $18,600.00 $7,280.00 $51,470.00 Other Direct Costs: Travel $3,600.00 Presentation Materials $2.700.00 Reproduction $ 400.00 Total ODC $6,700.00 GRAND TOTAL $58,170.00 1. Maximum of four State/Countvffown meetinQs and three Public WorkshoDs included in this estimate. r II~ FELSBURO "HOLT & ULLEVlO EXHIBIT Page 2