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Home My WebLink AboutC06-273 AGREEMENT This agreement ( "Agreement"), made this -#- day of September, 2006, between Eagle County, Colorado ("County") and KRW Consulting, Inc. ("Contractor"), WITNESSETH: Whereas, County wants to have contract for engineering services to complete design, construction quality assurance, construction quality control (CQAJCQC), and certification of a solidification basin at the Eagle County Landfill; and Whereas, Contractor wants to provide such services to County. Now, therefore, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1 - SCOPE OF WORK AND CONTRACTOR'S RESPONSIBILITIES This Agreement covers the engineering services described in the first "whereas" clause hereof, as more fully set forth in Contractor's August 17,2006 Proposal, referencing KRW Job No. 9412- 01, a copy of which, including the Table I (Cost Estimate) and a Professional Services Agreement appended thereto, (collectively, "the Proposal"), is attached hereto as Exhibit A and by this reference made a part hereof. The services provided by Contractor to County hereunder hereinafter are collectively described as "the Work." Contractor affirms that all representations set forth in Exhibit A are accurate, that County may rely thereon, and that Contractor shall be responsible at its own expense for assuring that all matters so represented are as represented. In the event of a conflict between a provision of the Proposal and a provision of this Agreement, the provision ofthis Agreement shall control. It is agreed that Task #4 of Table 1 Exhibit A is amended to provide for twenty (20) hours of meeting time with the Principal Engineer, and the estimated cost for such meetings increased to $2,160, and the estimated total cost of the Work increased to $25,937. ARTICLE 2 - COMMENCEMENT AND COMPLETION OF THE WORK Contractor shall commence the Work promptly after execution of this Agreement by both parties. Contractor will provide Design, Operations and Closure Plan (D & 0 Plan) Addendum for Eagle County review and comment by September 13, 2006. It is anticipated that completion of the D & 0 Plan Addendum Submission to the Colorado Department of Health will be achieved within 10 calendar days of receiving comment upon review by Eagle County. Contractor agrees to notify County if achievement of the Completion Date appears unlikely as soon as it so appears to Contractor, and thereupon County and Contractor will meet to discuss the reasons for delay and means of achieving timely completion. County and Contractor will cooperate in seeking to achieve timely completion and Contractor will use its best efforts to achieve timely completion. 1 ARTICLE 3 - NOTICE AND AUTHORIZED REPRESENT A TIVES 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: Contractor: David Douglas KRW Consulting, Inc. 8000 West 14th Avenue, Suite 2000 Lakewood CO 80214 (303) 239-0745 County: Rick Ullom Facilities Management Department 590 Broadway Eagle CO 81631 Fax No. (970) 328-8899 AND Ron Rasic Eagle County Solid Waste Manager PO Box 250 Eagle CO 81631 Fax No. (970) 926-3603 ARTICLE 4 - INSURANCE At all times during the term of this Agreement, Contractor shall maintain commercial general liability insurance in the minimum amount of One Million Dollars ($1,000,000) and Workers' Compensation insurance as required by Colorado law. Contractor shall deliver certificates of insurance, naming County as an additional insured, to County within fifteen (IS) calendar days of execution of this Agreement by County. ARTICLE 5 - INDEMNIFICATION Contractor shall indemnify and hold harmless County, it officials, employees and agents, against all liabilities, claims, costs and expenses, including reasonable attorneys fees, arising from claims of any nature made by any person in connection with acts or omissions or representations by Contractor, its employees or agents. ARTICLE 6 - APPLICABLE LAW, JURISDICTION AND VENUE This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 2 In witness whereof, the parties hereto have signed this Agreement. This Agreement will be effective 2006. EAGLE COUNTY, STATE OF COLORADO by and through its BOARD OF COUNTY COMMISSIO KR W Consulting, Inc. STATE OF COLORADO ) ) County of ) , The foregoing was acknowledged before me this I 'Sty of ~p~l krt:. , 2006 by lZLYld tl1JLilif~ \, as Vile pregdCfL+-- ofKRW Consulting, inc. WitnessM~Y ~~~dM:s~y[f~i~k~~ES 1 0/24/2007 BR~g;:R~' ~C~~I~YN STATE OF COLORADO My commission expires By: Name: Title: \, ~L ,~ ''1)0.;,'\'" ~ \I ,.<'C.\?,..,.~-<",-t 3 KRW CONSULTING, INC. August 17, 2006 Mr. Ron Rasnic Eagle County Solid Waste Manager Eagle County PO Box 250 Eagle, CO 81631 Subject: Proposal - Solidification Basin (Design, CQA/CQC, Cert. Report) Eagle County Landfill, Eagle, Colorado KRW Job No. 9412-01 Dear Mr. Rasnic: As discussed, KRW Consulting, Inc. (KRW) is pleased to present our work scope and cost proposal to provide engineering services to Eagle County to complete design, construction quality assurance/construction quality control (CQA/CQC), and ce11ification of a solidification basin at the Eagle County Landfill. The proposal is offered as follows: Item 1 - Design Services Item 2 - Construction QA/QC Services Item 3 - Certification Report Item 4 - Miscellaneous Meetings and Reports Proposed Budget Item 1 - Desi2n Services Under this item, KRW will provide engineering services to Eagle County to design a solidification basin at the Eagle County Landfill. The components of the design services include: · Site Surveying - ground surveying of the area proposed for the solidification basin. The survey information will be used to develop the elevations and contours of the area, and for use as the base map for the design of the solidification basin. · Addendum to the existing Design, Operations, and Closure Plan (D&O Plan) for the Eagle County Landfill, dated December 5, 1995 (revised May 10, 1996) that addresses the solidification basin. The same drawings from above will be used in the addendum document. The addendum to the D&O Plan will include design 8000 W. 141h Avenue, Suite 200 . Lakewood, Colorado 80214 . (303) 239-9011 . fax (303) 239-0745 R. Rasnic - Eagle County Proposal for Design of Solidification Basin August 17,2006 drawings depicting the grades for the liner system, details of the liner system, text describing the new area, the Operations Plan, and a CQA/CQC document that describes the construction. It is assumed at this time that the liner will be geosynthetic clay liner (GCL), 36-mil polypropylene geomembrane, and re- compacted clay. The solidification basin will not require a revision to the certificate of designation (CD) due to the proposed location of the solidification basin being wholly within the existing CD boundary. The proposed location of the solidification basin will be determined based on available area and topography, and may be located near the leachate holding pond. To facilitate regulatory review the facility will be proposed as a pilot project with a single waste stream, propylene glycol from airport deicing. It is assumed that one meeting with Colorado Department of Health (CDPHE) will be necessary to review the solidification basin design and that one revision of the design based on CDPHE comments will be necessary. Item 2 - Construction QA/QC Services KRW will provide the necessary engineering services during the construction of the solidification basin so that it built according to the approved design and to enable the certification report to be prepared and submitted to CDPHE for approval. The CQA/CQC services will include: · Full-time field presence during construction of the solidification basin at the eagle County Landfill, including engineering documentation of the daily activities, testing, surveying, photography, and progress. · Periodic progress surveying of the construction, including field-stake out of the solidification basin pre-construction per the approved design, progress surveying of the various layers of the liner system, and final as-built survey of the completed solidification basin. · Testing and collection of test data for the liner sub-base soils, GCL liner, clay liner, polypropylene geomembrane, and other components of the construction as per the CQA/CQC plan. It is assumed that duration of the construction of the solidification basin will be approximately 3 consecutive weeks from start to finish, and that the construction will be accomplished mainly by Eagle County work forces. The polypropylene liner will be installed by a specialty subcontractor who is trained in the installation of geomembrane liner. R. Rasnic Eagle County Proposal for Design of Solidification Basin August 17, 2006 It is assumed that KRW will be present on-site fulltime during the entire construction project (with the exception of excavation to subgrade), and that the schedule will be similar to the landfill module construction projects at the Eagle County in that the work day will be typically based on four - 10 hour days from Monday through Thursday, therefore, the work week will total 40 hours for field personnel, plus time for travel to/from site and time for field report preparation. Item 3 - Certification Report The ultimate goal of gathering and documenting the CQA/CQC information will be to present this information clearly and concisely in the Certification Report, which will discuss the construction, testing, survey, and any changes made during construction. The specific components of the certification report will include: · Report text that describes the construction and any deviations from the approved design, including correspondence that explains any of the deviations and CDPHE approvals of same. · Organized laboratory test data for the soils, and CQC data for the GCL and polypropylene liners. · Copies of all daily field reports, including field testing. · Photography of the construction before, during, and after the completion of the work, depicting the major components of the project. · As-built surveying information on drawings that depict the work, including the subbase and finished contours of the liner components of the solidification basin, such as , the top of subbase soil, top of clay liner, and top of finished contours. The as-built drawings will include details that depict the components of the construction. This certification report will be signed and sealed by a Professional Engineer registered in Colorado and will be submitted to the CDPHE for approval. Item 4 - Miscellaneous Meetings and Reports This item is for any meetings in excess of the one meeting assumed under Item 1 in support of the D&O Plan addendum. It may be necessary to meet one or more times at Eagle County and/or at CDPHE to discuss the design, construction, or certification, If additional time is necessary, then the unit rates presented in the budget shall be used. R. Rasnic Eagle County Proposal for Design of Solidification Basin August ]7,2006 Proposed Bud2et KR W proposes to complete the engineering services described herein as per the budget presented on the attached cost estimate table in the amount of $24,857. This budget is based on the assumptions listed herein, and if the construction duration changes in the field, then the total cost will change to reflect KR W being present during the extended timeframe based on the unit rates presented on the budget table. KRW considers this cost estimate to be conservative and proposes to invoice the client on a monthly basis for Time and Materials. If the project is completed for a lesser amount the savings will be passed along to the client. KRW will not exceed this cost estimate without first notifying the client. We hope that this proposal meets with your approval. Please find attached the professional services agreement between KRW and Eagle County. If this proposal meets with your satisfaction, then please execute and return the services agreement to KR W at your earliest convemence. Please feel free to contact us with any questions or comments at 303.239.9011, or by email at or Sincerely, KRW Consulting, Inc. (signature on file) (signature on file) Neil C. Nowak, PE Project Manager David A. Douglass, PE Vice-President - Engineering Attachments: Cost Estimate Table cc: TABLE 1 Cost Estimate Eagle County Landtill- Solidification Basin KRW Proiect No, 9412-01 Task # Task Description 1 Units 1 Quantitv 1 Unit Cost I Cost 1 Design and ODe rations Plan Addendum Principal Eneineer hours 4 $108 S432 Project Manager hours 16 $91 S 1 ,456 Project Engineer hours 24 $58 $1,392 CAD Draflin~ hours 24 $58 $1,392 Survey Crew (I-man GPS) hours 4 $112 $448 Survey Manager hours I $83 $83 Mileage at $0.58/mile miles 500 SO.58 $290 Expenses LS I $500 S500 Task 1 Sub-total , hours 73 $5,993 2 Construction COAlCQC Services . (based on a continuous 3 week schedule) ,.... Principal Engineer hours 2 SI08 $216 Project Manager hours 8 $91 $728 Project Engineer hours 132 $58 $7,656 CAD DraftinR hours 4 $58 $232 Survey Crew (I-man GPS) hours 30 $112 S3,360 Survey ManaRer hours 2 $83 $166 Mileage at $0.58/mile miles 1000 SO.58 $580 Moisture/Density Gauge day 4 S105 S420 Task 2 Sub-total hours 178 $13,358 .... 3 Certification Report Principal Engineer hours 2 $108 S216 Project Manager hours 16 $91 $1,456 Project Em!ineer hours 20 $58 SI,160 CAD Drafting hours 16 $58 $928 Survey Crew (I-man GPS) hours 0 $1l2 $0 Survey ManaRer hours 2 $83 $166 Expcnses LS I S500 $500 Task 3 Sub-total hours 56 $4,426 4 1 Miscellaneons Meetlnl!s and Reports I Principal Engineer hours 10 $108 $1,080 Task 4 Sub-total hours IO $1,080 ..... ISub- Total Project Cost !hours I 3171 ! $24,857 !Minus Early Payment Discount on Subcontractor EXDenses ! I minus! 15% 1 ITotal Project Cost with Discount I I I I $24,857 NOTES: I. KRW servicc fce on subcontractor costs (15%) will be waived if payment is rcceived within 20 days of invoice. Cost T abie 1 Solid Basinr1.xis KR\V CONSULTING, INC. PROFESSIONAL SERVICES AGREEMENT Project: Eagle Countv Landfill - Solidification Basin Project Number: 9412-01 Client: Eagle County Eagle, CO 81631 Terms and Conditions 1. KR W Consulting, Inc. agrees to fumish and perform those professional services specified in the proposal letter dated August 17, 2006 (attached herewith), 2. Client agrees to compensate KRW Consulting, Inc. for the professional services that are provided on a monthly basis, based on the percentage of work completed as determined by KRW Consulting, Inc. All invoices are payable upon receipt and payments are due within 30 days of receipt unless otherwise agreed in writing. Failure to pay an invoice when due shall constitute default and interest at 1.5 percent per month shall be payable on such invoices, In the event of a default, KRW Consulting, Inc. may elect to suspend Jill professional services under this Agreement until such invoice is paid in full and may elect to terminate this Agreement as of the 30 day of default. KRW Consulting, Inc. shall not be liable for any direct, indirect, incidental or consequential damages suffered by Client, his subcontractors, agents, employees and assigns as a result of any suspension or termination. 3. KRW estimates that the project can be complcted for $24, 857. KRW will invoice the client monthly on a time and materials basis. KRW will not exceed the cost estimate without first notifying the client. 4. The fee amounts specified in the proposal letter do not include direct project expenses incurred by KRW Consulting, Inc. on behalf of the Client. Copies of direct expense vouchers will be provided with the invoices if requested, A 15 percent handling fee is applicd to direct expenses, Subconsultant fees are invoiced to Client monthly and also include a 15 percent handling fee, The handling fee will be waived if invoices are paid with 20 days of the invoice date. 5. KRW Consulting, Inc. shall perform all of its services in a workmanlike and professional manner. Client shall indemnify and hold harmless KRW Consulting, Inc., its agents, subcontractors and employees from and against all claims, damages, losses and expenses arising out of the development of this project not caused by the failure of KR W Consulting, Inc., its agents, subcontractors and employees to perform its and/or their services in a professional manner. 6. If the project is materially changed, or if the Client desires other professional services not already included in this Agreement or not customarily furnished as part of the agreed upon services, the additional consideration shall be paid to KR W Consulting, Inc., which shall be subject to negotiation by both parties. The terms of this agreement shall apply to such additional services. 7. All original documents prepared by KRW Consulting, Inc. in performance of this Professional Services Agreement, including, but not limited to, original maps, plans, drawings and specifications are the property ofKRW Consulting, Inc., unless otherwise agreed in writing. Quality reproducible record copies shall be provided to Client, at Client's expense, upon request. 8. Client shall furnish right-of-entry for KRW Consulting, Inc. to perform the work. Client shall furnish a description of the property where the work is to be conducted (if applicable). 9. The parties hereto each bind themselves, their partners, successors, assigns and legal representatives of such other party in respect to all terms of this Agreement. Neither party shall assign the contract as a whole without written consent of the other. 10, Client agrees to pay the costs and reasonable attorney's fees and disbursements incurred by KRW Consulting, Inc. in connection with the failure by the Client to make any payment in accordance with the provisions of this Agreement. The parties agree that in the event action or suit is commenced, to enforce any provision of this Agreement or in the event of any breach of this Agreement, the prevailing party shall have and recover reasonable attorney fees, both at trial and on appeal, together with all other costs and disbursements allowed by law. 11. KRW Consulting, Inc. shall be free from any liability for delay or failure of providing the services contemplated by this Agreement which arise from strikes, lockouts, or labor troubles of any kind, accidents, fire, carthquake, civil commotion, war or consequences of war, government acts, restrictions or requisitions, failure of manufacturers or suppliers, suspension of shipping facilities, any act or default of a carrier or any other contingency of whatsoever nature beyond KRW Consulting, Inc.'s control, including disturbances existing at the time this Agreement was made. In such a situation, if the services contemplated by this Agreement are not provided during the period contracted for, Client shall accept the services and pay for the same when provided, however, provided that the services are provided within a reasonable time after cessation of the aforementioned impediments or causes. 12. This agreement constitutes the entire Agreement between the parties and supersedes all prior agreements, written and oral, courses of dealing or other understandings between the parties. No modification of this Agreement shall be binding unless in writing and signed by both parties. This Agreement entered into this day 20_ KRW Consulting, Inc. By: Title: AGREEMENT This agreement ( "Agreement"), made this day of September, 2006, between Eagle County, Colorado ("County") and KRW Consulting, Inc. ("Contractor"), WITNESSETH: Whereas, County wants to have contract for engineering services to complete design, construction quality assurance, construction quality control (CQA/CQc), and certification ofa solidification basin at the Eagle County Landfill; and Whereas, Contractor wants to provide such services to County. Now, therefore, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1 - SCOPE OF WORK AND CONTRACTOR'S RESPONSIBILITIES This Agreement covers the engineering services described in the first "whereas" clause hereof, as more fully set forth in Contractor's August 17,2006 Proposal, referencing KRW Job No. 9412- 01, a copy of which, including the Table I (Cost Estimate) and a Professional Services Agreement appended thereto, (collectively, "the Proposal"), is attached hereto as Exhibit A and by this reference made a part hereof. The services provided by Contractor to County hereunder hereinafter are collectively described as "the Work." Contractor affim1s that all representations set forth in Exhibit A are accurate, that County may rely thereon, and that Contractor shall be responsible at its own expense for assuring that all matters so represented are as represented. In the event ofa conflict between a provision of the Proposal and a provision of this Agreement, the provision of this Agreement shall control. It is agreed that Task #4 of Table I Exhibit A is amended to provide for twenty (20) hours of meeting time with the Principal Engineer, and the estimated cost for such meetings increased to $2,160, and the estimated total cost of the Work increased to $25,937. ARTICLE 2 - COMMENCEMENT AND COMPLETION OF THE WORK Contractor shall commence the Work promptly after execution of this Agreement by both parties. Contractor will provide Design, Operations and Closure Plan (D & 0 Plan) Addendum for Eagle County review and comment by September 13, 2006. It is anticipated that completion of the D & 0 Plan Addendum Submission to the Colorado Department of Health will be achieved within 10 calendar days of receiving comment upon review by Eagle County. Contractor agrees to notify County if achievement of the Completion Date appears unlikely as soon as it so appears to Contractor, and thereupon County and Contractor will meet to discuss the reasons for delay and means of achieving timely completion. County and Contractor will cooperate in seeking to achieve timely completion and Contractor will use its best efforts to achieve timely completion. ARTICLE 3 NOTICE AND AUTHORIZED REPRESENTATIVES 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: Contractor: David Douglas KRW Consulting, Inc. 8000 West 14th Avenue, Suite 2000 Lakewood CO 80214 (303) 239-0745 County: Rick Ullom Facilities Management Department 590 Broadway Eagle CO 81631 Fax No. (970) 328-8899 AND Ron Rasic Eagle County Solid Waste Manager PO Box 250 Eagle CO 81631 Fax No. (970) 926-3603 ARTICLE 4 - INSURANCE At all times during the term of this Agreement, Contractor shall maintain commercial general liability insurance in the minimum amount of One Million Dollars ($1,000,000) and Workers' Compensation insurance as required by Colorado law. Contractor shall deliver certificates of insurance, naming County as an additional insured, to County within fifteen (IS) calendar days of execution of this Agreement by County. ARTICLE 5 - INDEMNIFICATION Contractor shall indemnify and hold harnl1ess County, it officials, employees and agents, against all liabilities, claims, costs and expenses, including reasonable attorneys fees, arising from claims of any nature made by any person in connection with acts or omissions or representations by Contractor, its employees or agents. ARTICLE 6 - APPLICABLE LAW, JURISDICTION AND VENUE This Agreement shall be govemed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 2 In witness whereof, the parties hereto have signed this Agreement. This Agreement will be effective on ,2006. EAGLE COUNTY, STATE OF COLORADO by and through its BOARD OF COlJNTY COMMISSIONERS: ATTEST: Peter F. Runyon, Chairman Clerk to the Board of County Commissioners KRW Consulting, Inc. By: Name: Title: STATE OF COLORADO ) ) County of ) The foregoing was acknowledged before me this _ day of , 2006 by as of KR W Consulting, inc. Witness my hand and official seal. My commission expires Notary Public 3 In witness whereof, the parties hereto have signed this Agreement. This Agreement will be effective on ,2006. EAGLE COUNTY, STATE OF COLORADO by and through its BOARD OF COUNTY COMMISSIONERS: ATTEST: Peter F. Runyon, Chairman Clerk to the Board of County Commissioners KR W Consulting, Inc. By: Name: Title: STATE OF COLORADO ) ) County of ) by 2006 Witness my hand and official seal. {IV COMMISSION EXPIRES 10/24/2007 My commission expires BROOKE e SEVEFlYN NOTARY PUBLIC STAT OLORADO 3