HomeMy WebLinkAboutC06-366
Eagle County Government
Agreement for Professional Consulting Services for
Airport Terminal Baggage Make-up Roof and Curbside Check-in Expansion
This Agreement for Professional Appraisal Services dated as of~<<\~l2. 19 , 2006, is between Eagle County, a
body corporate and politic, by and through its Board of County Commissioners ("County") and Carter & Burgess, Inc.
("Consultant") .
This Agreement is entered into on December 19th, 2006 by and between Eagle County, CO (hereinafter "CLIENT") and
CARTER & BURGESS, INC. (hereinafter "C&B"), a Texas corporation with offices located at 707 1 fh Street, Suite
2300, Denver, CO 80202, to furnish certain professional consulting services upon the following terms and conditions:
SECTION 1 - SCOPE OF SERVICES:
Design Services for the first phase consisting of a new roof over the existing Baggage Make-Up Area and expansion of
the existing adjacent Curbside Check-In structure. Design is to be completed by March 2007 and construction to occur
during the summer and fall of2007.
SCOPE OF PROJECT
Graphic representation of Scope of Work is shown on drawing titled EGE: Airport Terminal Expansion Phase I as
approved by Eagle County.
The design will enclose the baggage make up area, so that it is protected from the weather. The architectural style will
be compatible with the current terminal exterior finishes & design. This work will require Mechanical, Fire Protection,
Electrical and Plumbing Design, including but not limited to heating, power, lighting, fire sprinkler, and fire alarm
systems, as well as drainage modifications. A ventilation air system will also be required. The addition of this roof
enclosure will also expand the existing Curbside Passenger Check-in area. The Check-in area may be enclosed to house
airport storage or a TSA break room which may require HV AC, power, lighting, and communications. The exact length
of the Curbside Passenger Check-in building has not been determined and could affect the curbside road conditions and
adjacent bus parking. No new conveyors or modifications to any of the existing conveyor systems in this phase of the
project although this Phase 1 work will be done in such a way to accommodate future conveyor system planning.
SCOPE OF SERVICES
Scope of services will include architectural design and structural, civil, mechanical, electrical and technology systems
engineering. A roofing consultant shall review C & B details. C & B will work with Rick Ullom, Eagle County
Facilities, to provide a cost estimate.
Design Phase:
Meet with client to review roof and building elevation options as well as road configuration. During Prelim a Structural
& MEP site assessment of the existing terminal's capacity to accommodate additional structural loading from tie-in roof
structure, electrical load, tie in for gas, etc. Two meetings are planned.
Construction Document Phase:
Upon acceptance of Concept Documents by the Airport and Eagle County prepare Drawings and Specifications. An
outside cost estimate will be provided at 95% documents if there is not a contractor selected at this stage. Architect to
present to Airport StakeholderslTenants, potential contractors, and Building Department. Two meetings planned.
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Bid Phase:
Issue documents for Contractor bidding and permit. One meeting planned for Pre-Bid conference if a contractor has not
been selected during design phase.
Limited Construction Administration:
Issue Documents for Construction. Review Contractor shop drawings and submittals. Respond to contractor questions.
Conduct on-site meetings approximately every other week for 4 month construction phase. Meetings to include: Pre-
Bid, Pre-Con, Foundation (CiviVStructural), Steel Erection (Structural), Steel Completion (AISC inspection), Roofmg,
MEP Rough-in (MechlElect/Arch), Thermal/Moisture, Sitework (Civil) and one final inspection / final punch list by
entire design team. Sixteen meetings planned.
Drawings will be prepared using AutoCad and Specifications will be presented with narrative and tabular information in
8 Y2 X 11 format using MS Word. Two copies of Construction Documents will be issued hard copy and electronically
on CD in 2D formats for future CAD use.
CLARIFICATIONS
Standard cost or budget opinions submitted by the Carter & Burgess, Inc. Team are informal and generalized evaluations
only, they are not guaranteed.
It is assumed that base building and site systems will not require modification. Such systems include water / waste water
/ storm water capacities, structural/architectural/roof systems beyond tie in locations, electrical service to the building,
centralized HV AC equipment and any master control equipment for paging, fire alarm, CCTV, and access control
systems. Any base building systems modifications will need to be reviewed separately.
FEE BASIS
The engineering fee for the proposed engineering services is a lump sum contract not to exceed an amount of $120,750.
Breakdown of fee:
Project Management / Architectural
Structural
Civil
Mechanical, Electrical, Plumbing, IT/Comm.
Roofing Review
Cost Estimate
Construction Administration
Expenses (estimated)
Total
$ 35,000.
$ 10,000.
$ 15,000.
$ 25,000.
$ 2,500.
$ 2,500.
$ 25,500.
$ 5.250.
$ 120,750.
Expenditures incurred by Carter & Burgess, Inc. Team in the interest of the project that include such items as
transportation and subsistence when traveling in connection with the project, long distance telephone calls, printing and
reproduction expenses, as well as postage are not included in the above fee and will be billed at cost. The expenses
associated with the services offered will not exceed 21 trips at $ 250/ea. for a total of $5,250. Any amount over this will
need to be preapproved in writing by Eagle County.
SCHEDULE
The construction documents will be accomplished within 12 weeks of Notice to Proceed including the Client/Owner
reviews. Eagle County allotted three (3) weeks for review.
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SECTION 2 - INDEPENDENT CONTRACTOR: C&B is retained as an individual independent contractor, and is
not an employee or agent of CLIENT, and shall be responsible for its own work. The employees furnished by C&B to
perform the work shall be deemed to be C&B employees exclusively and said employees shall be paid by C&B for all
services in this connection, and C&B shall be responsible for all obligations and reports covering Social Security,
Unemployment Insurance, Workers' Compensation, Income Tax, and other reports and deductions required by any
applicable State or Federal law. No term or provision of this Agreement, or act of C&B in the performance Services,
shall be construed as making C&B the agent, servant, or employee of CLIENT.
SECTION 3 - PROFESSIONAL STANDARDS: C&B shall perform the services, within the limits prescribed by the
CLIENT, in a manner consistent with the level of care and skill ordinarily exercised by other professional consultants
under similar circumstances at the time the services are performed.
SECTION 4 - TERM OF AGREEMENT: This Agreement shall be effective upon execution and continue through
completion of project, unless terminated sooner in accordance with the applicable provisions of this Agreement. This
Agreement shall be renewable by mutual agreement of both parties.
SECTION 5 - COMPENSATION AND PAYMENT:
A. Total Compensation: Total compensation including expenses under this Agreement shall not exceed $120,750
unless authorized in writing by Eagle County.
B. Invoices: C&B will issue monthly invoices based on the percentage of work expensed for that billing period. All
expenses will be included in fee. The final billing will be for the balance of the lump sum.
C. Payment: CLIENT will pay C&B in accordance with the terms of this Agreement. Invoices are due and payable
within thirty days. In the event that CLIENT does not agree with any portion of an invoice, CLIENT shall pay
undisputed amount and provide a written explanation of any deduction.
D. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the Client nor
shall any payment be made to C&B for any work done after December 31,2007, without the written approval of the
Client in accordance with a budget adopted by the Board of County Commissioners in accordance with the
provisions of Article 25 or Title 30 ofthe Colorado Revised Statutes and the Local Government Budget Law (C.R.S.
29-1-101 et. seq.) The parties recognize that the Client is a governmental entity and that all financial obligations
beyond the current fiscal year are subject to funds being budgeted and appropriated.
SECTION 6 - INDEMNIFICATION: C&B agrees to indemnify, and hold CLIENT and its officers, agents, and
employees, harmless against any and all claims, lawsuits, judgments, costs and expense for personal injury (including
death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that
arise out of or result from the negligent acts or omissions of C&B in performing the services under this Agreement, but
excluding consequential damages of any description.
SECTION 7 - SUBCONTRACTING: C&B shall use the following approved sub-consultants to complete the Scope
of Work:
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C&B shall not further assign nor subcontract any interest in this Agreement without the prior written consent of
CLIENT.
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SECTION 8 - INSURANCE:
A. During the entire term of this Agreement, C&B shall maintain the following insurance:
a. Commercial General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal
injury, and property damage;
b. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property
damage;
c. Worker's Compensation: As required by the Labor Code of the State of Colorado.
B. Certification of Insurance: The insurance shall be evidenced by delivery to CLIENT of certificates of insurance,
executed by the insurer or agent, listing coverage and limits, expiration date and term of policy. The insurance
requirements shall remain in effect at or above the stated levels throughout the term of this Agreement.
C. Endorsements: Each insurance policy shall include the following conditions by endorsement to the policy:
General Liability and Automobile Liability policies shall be endorsed to name CLIENT, its officers, employees,
and agents as Additional Insured's as respects operations performed by or on behalf of C&B in the performance
of this Agreement. Each policy shall require that 30 days prior to the expiration, cancellation, non-renewal or
any material change in coverage, a notice thereof shall be given to CLIENT by certified mail. Coverage shall be
continuous (by renewal or extended reporting period) until completion of all Services hereunder, and acceptance
by CLIENT.
SECTION 9 - TERMINATION:
FOR CONVENIENCE
The performance of the services under the Agreement may be terminated at any time, in whole or in part, as determined
by CLIENT in its sole discretion. Such termination will be accomplished by delivery of a Notice of Termination to
C&B, specifying the extent to which performance of the services under the Agreement shall be terminated and the date
upon which such termination shall become effective.
If the termination is for the convenience of CLIENT, C&B shall submit a final invoice within 60 days of termination and
upon approval by CLIENT, CLIENT shall pay C&B a percentage of the total Agreement price based on the percentage
of the services completed prior to the effective date.
FOR CAUSE
If CLIENT determines C&B is in default of the Agreement, CLIENT will so notify C&B by issuing a Cure Notice
describing the default. If C&B fails to commence to cure the default within ten (10) days after receipt of such Cure
Notice, CLIENT, may, by written notice, terminate C&B. In event of such termination, CLIENT may proceed with the
work. The additional cost (the difference between the original contract cost and the cost to complete the work by a third
party) to CLIENT may be deducted from any sum due to C&B and the balance, if any, shall be paid to C&B.
IF CLIENT fails to make a payment when due, C&B may give CLIENT written notice of C&B's intention to terminate
this Agreement. If C&B does not receive such payment within ten (10) days after the date such notice is given, C&B
may, by written notice, terminate this Agreement. In the event of such termination, C&B may recover from CLIENT
payment for all services provided under this Agreement.
SECTION 10 - CONFIDENTIALITY: C&B shall not disclose or permit the disclosure of any confidential
information, except to its agents, employees, and other consultants who need such confidential information in order to
properly perform their duties relative to this Agreement.
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SECTION 11 - OWNERSHIP OF DOCUMENTS: C&B agrees that all documents, reports, materials, or other
subject matter prepared, procured, or produced in the rendition of the services under this Agreement shall become the
property of CLIENT upon completion, and all such documents, reports, materials, or other subject matter shall be
delivered to CLIENT upon request, completion of the work or termination of this Agreement, and, in any event, before
final payment of moneys due C&B and shall at all times be deemed the property of the Client, whether or not the work
under this Agreement is complete. Any reuse of such documents for purposes other than their specific intended purpose
shall be at the sole risk of CLIENT and without liability or legal exposure to the C&B. C&B may retain a record copy
of all documentation.
SECTION 12 - INSPECTION AND AUDIT OF RECORDS:
A. C&B shall provide and/or permit CLIENT to access and inspect all technical documentation prepared by C&B
under this Agreement.
B. C&B shall comply with any financial audit obligations imposed by CLIENT under the AGREEMENT.
SECTION 13 - DELAYS AND CONSEQUENTIAL DAMAGES: In no event shall either party be liable to the other
or to a third party for consequential damages in any form whatsoever or for delays in the project, which are caused by
occurrences, which are beyond the control of the parties.
SECTION 14 - GOVERNING LAW: The laws of the State of Colorado and applicable Federal, State and local laws
regulations and guidelines shall govern hereunder. Venue shall be in the Fifth Judicial District in Eagle, Colorado.
SECTION 15 - NO WAIVER: None of the provisions of this Agreement shall be considered waived by either party
thereto unless such waiver is reduced to writing and signed by the party to be charged. No such waiver shall be
construed as a modification of any of the provisions of this Agreement or as a waiver of any past or future default or
breach hereof, except as expressly stated in such waiver.
SECTION 16 - EXTENT OF AGREEMENT: This Agreement, including any appendices, exhibits, and attachments
hereto, embodies the complete agreement between CLIENT and C&B and supersedes all prior oral or written
agreements between the parties and relating to matters in this Agreement, and except as otherwise provided herein
cannot be modified without written agreement signed by both CLIENT and C&B and made a part of this Agreement.
SECTION 17 - DISPUTES: In the event of any dispute, controversy or claim between CLIENT and C&B in
connection with or relating to this Agreement ("Disputes"), the parties shall make good faith efforts to resolve the
Disputes through negotiation and, if the parties so elect, non-binding mediation
Unless otherwise agreed in writing, C&B shall continue to carry out its responsibilities under this Agreement during any
dispute, and CLIENT shall continue to make payments in accordance with this Agreement.
SECTION 18 - SEVERABILITY: In case anyone or more of the provisions contained in this Agreement shall for any
reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be considered as if
such invalid, illegal, or unenforceable provision had never been contained in this Agreement.
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SECTION 19 - SUCCESSORS AND ASSIGNS: CLIENT and C&B each binds itself, its successors, assigns and
legal representative to the other party of this Agreement and to the successors, assigns and legal representative of such
other party with respect to all provisions of this Agreement.
Neither CLIENT, nor C&B shall assign, set over or transfer its interest, in whole or in part, in this Agreement without
the prior written consent of the other.
SECTION 20 - NOTICES: All notices or other communications to either party by the other shall be deemed given
when made in writing and personally delivered or mailed, postage paid, to:
For CLIENT:
Eagle County
P.O. Box 850
Eagle, CO 81631
Attn:
For C&B:
Carter & Burgess, Inc.
707 17th Street, Suite 2300
Denver, CO 80202
Attn: Jennifer Johnson
Prohibitions on Public Contract for Services:
a. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under the
public contract for services; or enter into a contract with a subcontractor that fails to certify to the contractor
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
the public contract services.
b. The Contractor shall verify or attempt to verify through participation in the Basic Pilot Verification
program, as administered by the United States Department of Homeland Security, that the Contractor does
not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program
prior to entering into a public contract for services, the contractor shall apply to participate in the Program
every three months until the contractor is accepted or the public contract for services has been completed,
whichever is earlier? Information on applying for the Basic Pilot Verification Program can be found at:
https://www.vis-dhs.com\employeeregistration
c. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-employment
screening of job applicants while the public contract for services is being performed.
d. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract
for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to:
i. Notify the Subcontractor and the County within three days that the Contractor has actual
knowledge that the Subcontractor is employing or contracting with an illegal alien; and
11. Terminate the Subcontract with the Subcontractor if within three days of receiving the
notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not
stop employing or contracting with the illegal alien; except that the Contractor shall not
terminate the contract with the Subcontractor if during such three days the Subcontractor
provides information to establish that the Subcontractor has not knowingly employed or
contracted with an illegal alien.
e. The Contractor shall comply with any reasonable request by the Department of Labor and Employment
made in the course of an investigation that the department is undertaking pursuant to its authority.
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f. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the
contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages
to the County.
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IN \VITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through It's BOARD OF COUNTY COMMISSIONERS
ATTEST:
Title:
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STATE OF COLORADO
County of ~ej.o\ v-tr
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} ss:
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It/H day of ~t'.
2006,
by
My commission expires: ~d4/b
Notary Public Seal
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