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HomeMy WebLinkAboutC08-167AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN EAGLE COUNTY, COLORADO AND J3 AVIATION Eagle County, Colorado hereinafter called the "Sponsor", agrees to retain, the firm of J3 Aviation Consultants, Inc. hereinafter called the "Engineer" to perform the scope of engineering services as outlined below, and hereinafter called the "Project" at the Eagle County Regional Airport. The term of this Contract shall become effective upon execution by the Parties and will remain in effect until March 2013, or as terminated in accordance with paragraph XII below. I. The scope of work contemplated under this agreement with regard to the Project is for engineering services for improvements to the Eagle County Regional Airport. All engineering services performed pursuant to this Agreement and any amendments thereto shall be referred to as Work. Unless specifically excluded by a future amendment, all such terms and conditions set forth herein shall apply to all Work by Engineer. All such terms and conditions of this Agreement Said improvements will include, but are not limited to, the following items: 1. Construction Administration Phase of an ongoing project which includes crushing and stockpiling aggregates; runway extension paving; runway rehabilitation, runway reconstruction and runway lighting and signage work. 2. Air Carrier and General Aviation apron rehabilitation and / or new construction. 3. Taxi-way and Connectors rehabilitation and / or new construction. 4. Drainage Improvements. 5. West runway and taxiways extension. 6. Landside parking drainage and paving improvements. 7. Electrical and Lighting upgrades and expansion. 8. Baggage System Renovation and expansion. 9. Air Terminal renovation and / or expansion. 10. AARF / SRE facility expansion or replacement. 11. Storm water management plan update and revisions. 12. Land Acquisition. 13. Construction of General Aviation areas, FBO aprons and stop ways. 14. Airport landside access roads or airside service roads new construction and / or rehabilitation. 15. Security fencing. 16. Navigational aids. 17. Or other work as identified. II. The Engineer's services rendered for the above described scope of work will be according to the following schedule: PART A BASIC SERVICES (PRE-APPLICATION AND DESIGN/ENGINEERING) 1. As requested, assist the Sponsor in the preparation of the Pre-application. Prepare the Program Sketch, Program Narrative, and Engineer's Estimate and assist the Sponsor with the required Statements and Notifications, the Environmental Documentation, and the State and Regional reviews as required; 2. Consult/coordinate with the Airport Authority, Airport staff, FAA, users, City, County, and other interested parties; 3. Review, and revise as necessary, the airport drawings which provide the basis for the project design; 4. Prepare preliminary plans, specifications, contract documents, and cost estimates for the design and construction; 5. Provide acceptable Airport Layout Plan, Exhibit I, and associated drawings, as required; 6. Prepare and submit final plans, specifications, and contract documents for approval by the Sponsor and (as required) to the FAA prior to advertising for bids; 7. Prepare a Design Engineer's Report, including estimates of final quantities and opinion of probable construction costs. The report will be submitted with the final plans and specifications to the Sponsor and when applicable to the FAA; 8. Prepare or assist in the preparation of the Application for Federal Funds and the Property Map (Exhibit "A"); 9. Coordinate the establishment of bid proposals into schedules to allow flexibility of award to match the funds available; 10. Provide complete sets of approved plans, specifications, and contract documents for the bidding the project; 11. Arrange for and conduct Pre-bid Conference and job showing; 12. Assist with the bid opening and processing of bid documents and make recommendations to the Sponsor for award of contract schedules; 13. Perform miscellaneous engineering services, e.g. hydrology studies, as requested by airport management. PART B SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS/TOPOGRAPHIC SURVEYS/FIELD ENGINEERING) SOILS AND PAVEMENT INVESTIGATIONS (FOR DESIGN) Perform soils and/or pavement testing and investigation of proposed construction areas as required for design. TOPOGRAPHIC SURVEYS (FOR DESIGN) Perform topographic surveys of proposed construction areas as required for design. CONSTRUCTION ADMINISTRATION Administer proposed construction activity. FIELD ENGINEERING Arrange for and conduct Pre-Construction Conference. Provide complete resident engineering coordination of the construction work with sufficient qualified inspectors who shall be present during all construction operations, to observe that construction is accomplished in accordance with the plans and specifications. It is expressly understood that the term "engineering coordination" does not mean that the Engineer will assume any responsibility that usurps or replaces the duties and authority of a Construction Superintendent or other Contractor agent charged with responsibility for the construction operation including but not limited to ways or means of construction or job site safety. The Engineer, in carrying out his responsibilities for engineer coordination, shall endeavor to guard the Sponsor against defects and deficiencies in the permanent work constructed by the Contractor, but does not guarantee the performance of the Contractor. The above disclaimers do not in any way abrogate the responsibility of the Engineer as agent for the Sponsor to exercise technical competence, expertise, skill and engineering judgment so that the Contractor's construction products are provided in accordance with the construction contract documents. The Engineer shall issue such instructions to the Contractor's Construction Superintendent as are necessary to protect the Sponsor's interest to the same extent as would the Sponsor himself, if he were present and equipped with the requisite knowledge, skill, competence, expertise, and engineering judgment. Whenever the Engineer considers it necessary or advisable in endeavoring to guard the Sponsor against defects and deficiencies in the work constructed by the Contractor, the Engineer shall have the authority to provide surveys and to observe and check surveys conducted by the Contractor. The Engineer shall conduct materials tests required by the FAA and/or observe and evaluate all such tests made by the Contractor in the field and in the laboratory as necessary in accordance with the plans and specifications. Copies of all test reports will be furnished to the Sponsor and the FAA. Test results will be available on the day tests are taken. The Engineer shall act as the Sponsor's agent during construction to protect the Sponsor's interest and shall have the authority to recommend to the Sponsor that the construction be stopped if not in accordance with the plans and specifications. The Engineer will furnish the Sponsor and the FAA a weekly construction progress and inspection report if requested. The Engineer shall prepare all addition and deletion change orders and supplemental agreements as required. After acceptance of the Construction Contract by the Contractor, copies will be submitted to the Sponsor and the FAA for approval and signature before proceeding with the work. The Engineer shall prepare periodic estimates during the construction of the project and shall prepare the final estimate when the work is completed. Periodic estimates shall be submitted regularly to the Sponsor for the concurrence and submittal to the FAA for Federal participation payment requests. The Engineer shall review the submitted weekly contractor's payrolls, check shop drawings, and construction submittal; and prepare and maintain necessary records of construction progress. When the project has been completed and is ready for final acceptance, the Engineer shall arrange for inspection of the finished work by the FAA, the Sponsor, the Contractor, and the Engineer, following which the final estimate for the work will be considered by the Sponsor. Upon acceptance of the project, the Engineer shall prepare the "Record Drawings", including any field surveying required to compute final quantities, and the Construction Engineering Report, and shall provide the Sponsor and the FAA with one (1) set of reproducible "Record Drawings", one electronic copy and one (1) copy of the Construction Report. These documents shall be provided in both hard copy and in an acceptable electronic format to the Sponsor. On completion of the project, the Engineer shall prepare and supply the Sponsor with an Airport Pavement Maintenance Program for the improvements constructed under the Project. III. COMPENSATION Engineering services to be performed under this contract will be ordered as required by the Sponsor via execution of mutually agreed amendments. Compensation for services shall be on a Lump Sum or Cost Reimbursable basis as mutually agreed by the parties. The amendments issued under this Contract shall specifically identify the services, the type of Compensation, the applicable rates and the reimbursable expenses. For performance of the Work described in each Lump Sum amendment, Sponsor shall pay the Lump Sum set forth in such amendment in monthly increments over the period of performance of the Work, based on percentage completed unless other specific payment schedules are mutually agreed to and set forth in the amendment. For performance of the Work described in each Cost Reimbursable amendment, Sponsor shall pay Engineer the rates for the applicable individual performing the services times the number of hours employed on a specific project. The rates are identified on Attachment "A", Established Hourly Rate Schedule and hereby incorporated. The rates set forth in Attachment "A" are subject to annual revision by the Engineer. Expenses for Lump Sum and Cost Reimbursable projects shall be reimbursed by Sponsor as identified in the amendment. Payments for all services shall be due within thirty (30) days after the receipt of invoices. If Sponsor disputes any portion of an invoice, it shall not be relieved of the responsibility of paying the undisputed portion thereof. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to Sponsor nor shall any payment be made to Engineer for any Work done after December 31 S` of each year, 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 Statutes and the Local Government Budget Law (C.R.S. 29-1-101 et.seq.). The parties recognize that the County is a governmental entity and that all financial obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. IV. CHANGE OF SCOPE It is mutually agreed that any change in the scope of the Project as outlined in Article I, or the services outlined in Article II, in Parts A and B, andfor delays (including completion of the work in more than one project) by the Sponsor, resulting in extra expense to the Engineer, shall be considered beyond the normal scope of this contract. In addition to the foregoing services, the Sponsor may require additional services such as Property Surveys, Descriptions of Land, Easements, Redesign or Major Changes of the concept after final plans or concepts have been approved by the FAA. Payment to the Engineer for such work because of the change in scope of the project shall be negotiated at the time of the anticipated change and it shall be mutually agreed to by amending this contract before the Engineer shall be obligated to perform such changes. V. The Engineer further agrees that: 1. The Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their designated representatives shall have access to any books, documents, papers and records of the Engineer which are directly pertinent to the grant program for the purpose of make audit examination, excerpts, and transcriptions. 2. The Engineer has formulated, adopted, and actively maintains an affirmative action plan in compliance with Executive Order No. 11246 entitled, "Equal Employment Opportunity." The Engineer does not discriminate on the basis of race, color, religion, creed, national origin, sex or age. Goals and targets are specified in the affirmative action plan to assure its implementation. 3. All services performed shall be in conformance with any and all applicable rules and regulations of the Federal Aviation Administration. 4. Whereas, it is the policy of the Department of Transportation (DOT) that Disadvantaged Business Enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds, consequently, the DBE requirements of 49 CFR Part 26 apply to this contract. The Engineer shall agree to ensure that Disadvantaged Business Enterprises as defined in 40 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform in the award and performance of DOT assisted contracts. VI. The Engineer and Sponsor mutually agree that: The Sponsor and the Engineer each binds himself, his partners, successors, assigns, and legal representatives to the other party to this contract and the partners, successors, assigns and legal representatives of such other party in respect of all covenants of this contract. Neither the Sponsor nor the Engineer shall assign, sublet, or transfer its interest in this contract without the written consent of the other; 2. Sponsor acknowledges that the plans and specifications are instruments of professional service. However, all design, plans, specifications and all other instruments of professional services pursuant to this Agreement, in any form, and regardless of stage of completion, shall be the sole exclusive property of the Sponsor, whether or not the project is completed. Upon request, Engineer shall deliver to Sponsor all such instruments in the format directed by Sponsor. Sponsor agrees that it will not use the plans, specifications and other documents for any other project or purpose other than that contractually identified and for post-completion maintenance, reconstruction, expansion and remodeling of the same. Sponsor agrees, to the extent allowed by law, to hold harmless Engineer for any liability resulting solely from the reuse of the instruments. VII. The Sponsor agrees that: The Sponsor shall make available to the Engineer all technical data that is in the Sponsor's possession including maps, surveys, property descriptions, borings, and other information required by the Engineer and relating to its work. 2. The Sponsor agrees to cooperate with the Engineer in the approval of all plans and specifications, or should they disapprove of any part of said plans and specifications, shall make a timely decision in order that no undue expense will be caused the Engineer because of lack of decisions. If the Engineer is caused to incur other expenses such as extra drafting, due to changes ordered by the Sponsor after completion and approval of the plans and specifications, the Engineer shall be equitably paid for such extra expenses and services involved. 3. The Sponsor shall pay publishing costs for advertisements of notices, public hearings, requests for bids, and other similar items; shall pay for all permits and licenses that may be required by local, state, or federal authorities; and shall secure the necessary land, easements, and rights-of--way required for the project. VIII. INSURANCE The Engineer shall procure and maintain at its expense during the effective period of this Contract the following insurance from insurance companies authorized to do business in Colorado, covering all operations and services under this Contract performed by Engineer. Worker's Compensation Insurance in accordance with the provisions of the Colorado Workers' Compensation Act. Commercial General Liability in amounts not less than $1 million combined single limit per occurrence and $4 million aggregate for bodily injury, personal injury, and property damage with endorsements to include broad form contractual, and broad form property damage. Automobile Liability, Bodily Injury and Property Damage with a limit of $1 million for occurrence, combined single limit including owned, hired and non-owned autos. Professional Liability Insurance in amounts not less than $1 million per claim and annual aggregate. The Engineer shall furnish to the Sponsor a certificate or certificates of insurance showing compliance with this paragraph. The certificate shall provide that the insurance shall not be cancelled until ten (10) days written notice shall have been given to Sponsor. IX. STANDARD OF CARE 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 skillful, professional and competent manner and in accordance with prevailing standards of cares, skill and diligence applicable to engineers, airport, structural, electrical and mechanical engineers, as the case may be, with respect to similar work. X. CONSTRUCTION COST OPINION An opinion of probable construction costs prepared by the Engineer represents his judgment as a design professional and is supplied for Sponsor's guidance. Since the Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, the Engineer does not guarantee the accuracy of its opinion as compared to contractor bids or actual cost to the Sponsor. XI. FORCE MAJEURE It is mutually agreed by the Parties that time is of the essence for the successful completion of all agreed upon Work. Engineer shall perform such Work diligently and without interruption at such rate of progress so as to accomplish completion with the agreed upon project schedules. Any delay or failure of engineer in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God, war, riot, strike, fire, storm, flood, windstorm, discovery or uncovering of hazardous or toxic materials or causes beyond the reasonable control of Engineer, provided that prompt written notice of such delay or suspension given by the Engineer to the Sponsor. In no event shall such notice be given more than seventy two (72) hours after Engineer becomes aware of the cause of such delay. Upon receipt of said notice, if necessary, the time for performing shall be extended for a period of time reasonably necessary to overcome the effect of such delays and Engineer shall be reimbursed for the cost of such delays. XII. TERMINATION A. Sponsor may terminate this Agreement or any amendment issued hereunder, in whole or in part, for its convenience, with or without cause, upon providing Engineer with five (5) business day's written notice. In the event of such termination, Sponsor may take possession of the Work in such manner as Sponsor may deem expedient. Upon such termination, Sponsor 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 completed, provided that, at its sole option, Sponsor may require the Engineer complete particular portions of the Work on a time and reimbursable expenses basis as provided herein. Upon termination, Engineer shall deliver to County all instruments entirely or partially completed pursuant Section VI (3) herein, together with all material supplied to Engineer by Sponsor. Payment will be due within thirty (30) days after Engineer has delivered the last of the instruments, together with any records that may be required to determine the amount due. B. If, notwithstanding the provision of Paragraph XI, the Work shall be delayed for more than 30 calendar days of account of one or more of the occurrences set forth in Paragraph XI, or if Sponsor shall fail to pay Engineer in accordance with the Payment Schedule, Engineer may, at its option, upon five (5) business days written notice to sponsor, terminate this Contract. In the event of such termination, Sponsor shall reimburse Engineer for all costs of performance of the Work as engineer may have incurred on account of such delays. Sponsor shall thereafter assume all obligations, commitments, or other liabilities that Engineer shall have theretofore incurred or made in connection with its performance of the Work and for which Engineer has not been paid and released. C. Either party hereto may terminate this Contract by giving the other party thirty (30) calendar days written notice of its intent to terminate. Upon termination, Engineer shall be entitled to payment in accordance with subparagraph A of the paragraph XII. XIII. LIABILITY Engineer shall indemnify and hold the Sponsor and its officials, boards, officers, principals and employees, harmless from all costs, claims, and expenses, including reasonable attorney's fees, to the extent caused 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 Sponsor to the extent that the Sponsor is liable to such third party for such claim without regard to the involvement of the Engineer. XIV. SEVERABILITY The provisions of the Contract are severable, and, if any provision shall be determined to be illegal or unenforceable, such determination shall in no manner affect any other provision hereof, and the remainder of this Contract shall remain in full force and effect, provided however, that the intention and essence of this contract may still be accomplished and satisfied. In the event that any provision of the Contract is held to be unenforceable or invalid by any court of competent jurisdiction, Engineer and Sponsor shall negotiate an equitable adjustment in the provisions of this Contract to preserve the purpose of this contract and maintain the allocation or risk, liabilities and obligations originally agreed upon. XV. GOVERNING LAW The terms of this Agreement shall be construed and interpreted under, and all respective rights and duties of the parties shall be governed by, the laws of the State of Colorado. Venue shall be in Eagle County, Colorado. XVI. ENTIRE AGREEMENT This Contract constitutes the entire agreement between the parties and the terms and conditions hereof were negotiated between the parties on anarms-length basis and no obligation or covenant of good faith or fair dealing shall be implied or interpreted as conferring upon either party any right, duty, obligation or benefit other than expressly set forth herein. No modifications or amendments to this Contract shall be valid unless agreed to by the parties in writing and signed by their authorized representatives. No waiver of any breach or failure of either party to insist on strict performance of any of the terms herein shall be deemed to imply or constitute a waiver of any other term or the right thereafter to enforce any other default. XVII. NO ASSIGNMENT Engineer may not assign its interest in this Agreement, including the assignment of any rights or delegation of any obligations provided herein, without the prior written consent of Sponsor, which consent Sponsor may withhold in its sole discretion. Except as so provided, this Agreement shall be binding on and shall 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 states 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. XVIII. RECORDS RETENTION The Engineer shall maintain complete and accurate records of its performance relating to this Agreement for a period of three (3) years following final payment hereunder. Sponsor shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time. XIX. INDEPENDENT CONTRACTOR It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. 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 Sponsor. XX. NOTICE Any 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: Jim Trott 1700 Lincoln Street, Suite 2920 Denver, Colorado 80203 Fax: (303) 861-1709 B. Sponsor: Rick Ullom 500 Broadway P.O. Box 850 Eagle, Colorado 81631 Fax: (970) 328-7720 C. With a Copy to: Eagle County Attorney 500 Broadway P.O. Box 4708 Eagle, Colorado 81631 Fax: (970) 328-8699 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. 10 XXI. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES. A. The Engineer 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 Engineer that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. The Engineer 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 Engineer does not employ any illegal aliens. If the Engineer is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the Engineer shall apply to participate in the Program every three months until the Engineer 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: j'w~vGV.vis-dhs.comlemp(oyerregistration C. The Engineer 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 Engineer obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Engineer shall be required to: I .Notify the Subcontractor and the Sponsor within three days that the Engineer has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and 2. 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 Engineer 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 Engineer 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. F. If the Engineer violates these prohibitions, the Sponsor may terminate the contract for a breach of the contract. 11 IN TNESS WHEREOF, the parties hereto have affixed their signatures this 4~ay of Y~~g'~L~Sl~ll~' y1~` '~Ye°1 ENGINEER: J3 Aviation Consultants Inc. 2008. SPONSOR: EAGLE COUNTY, COLORADO ATTEST: ~~ ~;,~~ . ~._ _ ~~ ~~ By President 12 ATTACHMENT A J3 Aviation Consultants, Inc. Billing Rate Schedule for 2008 Principal Staff Engineer Engineer/Planner Associate Engineer Electrical Engineer Draftsman Clerical Mileage $175/hour $145/hour $120/hour $105/hour $74/hour $ 74/hour $ 71 /hour $1.03/mile 13