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HomeMy WebLinkAboutC09-353 Concep Engineering Services Wolcott to Eagle Phase I Trail ProjectAGREEMENT FOR PROFESSIONAL SERVICES FOR CONCEPTUAL ENGINEERING SERVICES FOR THE WOLCOTT TO EAGLE PHASE I TRAIL PROJECT This Agreement is for Engineering and Design Services for the Wolcott to Eagle Trail, Phase I project dated as of "` �i,'; 4 ' + ' , 2009 between Eagle County ( "County ") and J &K, Inc. ( "Consultant "). The parties agree as follows: Article I. Scope of the Work: The Scope of Work of this Agreement shall be as described in the attached exhibits labeled "Exhibit A Request for Proposals ", "Exhibit B Addendum #1" and "Exhibit C Proposal for Conceptual Engineering Services" (hereinafter referred to as "Work" or "Scope of Work "). Article H. Consultant's Performance: Section 2.01 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. The Consultant shall complete all work in compliance with the specifications noted in Exhibit A attached Article III. Time and Performance and Termination: Section 3.01 Consultant shall commence the Work within ten (10) business days after the date of this Agreement. The Scope of Work shall be shall be completed by November 30, 2009, unless approved by change order to the Scope of Work and Agreement. Article IV. Compensation and Payment: Section 4.01 In consideration of its performance of the Scope of Work, Consultant shall be paid monthly based on percent of completion by task and direct expenses at cost. Section 4.02 The total fee and expenses for the Work shall not exceed $16,000.00 as provided in Consultant's Proposal, attached hereto as Exhibit "C" and incorporated herein by this reference. 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, and described by task performed. 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. For the purposes of this Agreement, the term "reimbursable costs" shall include only actual out -of- pocket expenses incurred by Consultant in connection with the Work, including the reasonable expenses incurred for travel to and from Consultant's regular place of business. Reimbursable costs will include report printing and map production but not other photo- reproduction costs. d. Hourly rates shall be as provided in Consultant's Client Rate Schedule as set forth in "Exhibit C" attached hereto and incorporated herein by this reference. Fractional hours will be billed at the nearest one - quarter hour. e. 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. f. 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. g. Additional services, if required beyond the Scope of Work, shall be separately negotiated and agreed to by both the County and Consultant prior to the Consultant performing the additional service. Article V. Project Management: Section 5.01 Chris Williams shall be designated as Consultant's Project Manager. Jim Kunkel, P.E. shall be the Project Engineer. Ellie Caryl, ECO Trails Program Manager, Eagle County Government, 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. Article VI. Independent Contractor: Section 6.01 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 contractor. 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 sub - contractors during the performance of this Agreement. Article VII. Personnel: Section 7.01 Consultant understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of Chris Williams and Jim Kunkel, P.E.. This Agreement is conditioned upon the continuing direct personal involvement of Chris Williams and Jim Kunkel. 2 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 Chris Williams and Jim Kunkel and in the event they are unable to remain involved in the Work, Consultant shall immediately notify County and County shall have the option to terminate this Agreement. Article VIII. Ownership of Documents: Section 8.01 All documents, electronic or otherwise, 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 in a format usable by the County before final payment is made to Consultant or upon earlier termination of this Agreement. The County agrees not to reuse the documents or any portion thereof for construction at other locations without the expressed written consent of the Consultant. The County further understands that use of similar details for similar work in the future by the Consultant shall not be deemed a violation of the County's copyright. Article IX. Insurance: Section 9.01 To assure to County that the Consultant is always capable of fulfilling potential liability obligations, the Consultant is required to purchase and maintain insurance of the kind, and in the minimum amount specified below. However, the insurance requirements below shall not be deemed to limit or define the obligations of the Consultant. Consultant is responsible for payment of any deductibles. County reserves the right to request a certified copy of the policy(ies) for review in addition to the standard Certification of Insurance. The Consultant shall, prior to commencing Work under this Agreement, obtain the following minimum insurance. 1. Workers' Compensation and Employer's Liability Insurance: If services are performed within the State of Colorado, the Consultant shall carry Workers' Compensation and employer's liability insurance to cover liability under the laws of the State of Colorado in connection with work performed pursuant to this Agreement. 2. Automobile Insurance: If motor vehicles are required in the performance of services by the Consultant under this Agreement, the Consultant shall carry automobile liability to include owned, non -owned and hired vehicles, and limits of liability no less than $1,000,000.00 per occurrence. County, its elected officials, administrators and employees shall be added to the policy as additional insured with a waiver of subrogation on their behalf. 3. Commercial General Liability Insurance: The Consultant shall carry commercial general liability insurance which shall include blanket contractual liability, with coverage no less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Defense costs coverage for additional insured must be included and outside the limits of insurance. County, its elected officials, administrators and employees shall be additional insured as respects this Agreement, with a waiver of subrogation in favor of such additional insureds. 4. Professional Liability Insurance: Professional liability insurance at limits of no less than $1,000,000. The Consultant shall provide errors and omissions coverage of no less than $1,000,000 per claim and annual aggregate. 5. Sub consultants: The Consultant shall furnish separate certificates for each sub consultant. 3 6. Certificates of Insurance: Certificates of insurance or equivalent evidencing the above and identified on their face as to the contract name and date of execution, shall be submitted to County within fifteen (15) days after signing the Agreement. Article X. Confidentiality: Section 8.02 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. Article XI. No Assignment: Section 8.03 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 J &K, Inc. 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. Article IX. Conflicts of Interest: Section 9.01 Neither Consultant nor its sub - contractors, nor any of their 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 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 sub - contractors 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. Article X. Notices: Section 10.01 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: Chris Williams 0 J &K, Inc PO Box 409 Eagle, Colorado, 81631 County: Ellie Caryl, Project Manager ECO Trails Department, Eagle County P.O. Box 1070 Gypsum, CO 81637 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. Article XI. Miscellaneous: Section 11.01 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 sub - Consultants to agree to the provisions of this subparagraph. Section 11.02 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. Section 11.03 This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5th District for the State of Colorado. Section 11.04 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. Section 11.05 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 therefore 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 of the 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). Section 11.06 - Provision Mandated by House Bill 1343: Prohibitions on Public Contract for Services 5 If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Consultant will participate in the E -verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Consultant shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E -verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc-- 1185221678150.shtm C. Consultant shall not use either the E -verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. D. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (i) Notify the subcontractor and the County within three days that the Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) 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 Consultant 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 Consultant 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 established in C.R.S. § 8- 17.5- 102(5). F. If Consultant violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this rol provision of this Contract, the Consultant shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Consultant violates this provision of this Contract and the County terminates the Contract for such breach. Article XXII. GENERAL CONDITIONS Section 12.01 Consultant shall provide and pay for labor, materials, consumables, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the service. Section 12.02 Consultant shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Service, and the general and local conditions which can affect the Service or the cost thereof. Any failure by Consultant to do so will not relieve him from responsibility for successfully performing the Service without additional expense to the County. County assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. Section 12.03 Before commencing activities, Consultant shall: (1) verify field conditions; (2) carefully compare this and other information known to Consultant with that of the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to County. Section 12.04 Consultant shall supervise and direct the Service, using Consultant's best skill and attention. Consultant shall be solely responsible for and have control over means, methods, techniques, sequences and procedures, and for coordinating all portions of the Service. Section 12.05 No charge shall be made by Consultant for hindrances or delays from any cause whatever during the progress of any portion of the Service, 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 an extension of time for the completion of the services to be performed, provided it is satisfied that delays or hindrances were due to causes outside of Consultant's control, e.g. weather, or to acts of omission by 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 notice in writing of the cause of the detention or delay. Section 12.06 The performance of the Service may be terminated at any time in whole, or from time to time in part, by County for its convenience. Any such termination shall be effected by delivery to the Consultant of a written notice ( "Notice of Termination ") specifying the extent to which performance of the Service is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by County, Consultant shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice and of such requests in implementation thereof as County may make, to assure the efficient, proper closeout of the terminated Service (including the protection of County's property). Among other things, Consultant shall, except as otherwise directed or approved by County: 7 a) stop the Service on the date and to the extent specified in the Notice of Termination; b) place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Service as is not terminated; c) terminate all orders and subcontracts to the extent that they relate to the performance of Service terminated by the Notice of Termination; d) assign to County, in the manner and to the extent directed by it, all of the right, title and interest of Consultant under the orders or subcontracts so terminated, in which case County shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e) with the approval of County, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and f) deliver to County, when and as directed, all documents and all property which, if the Service had been completed, Consultant would be required to account for or deliver to County, and transfer title to such property to County to the extent not already transferred. In the event of such termination, Consultant shall be compensated for the work satisfactorily performed up through the termination date. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK II IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through its BOARD OF COUNTY COMMISSIONERS oeftO' ATTEST: * By. A Of o to Sara J. Fisher, hairman Clerk to the Bo rifI County Commissioners �j`•I Dx� v i �- STATE OF COLORADO } } ss: County of } The foregoing was acknowledged before me this by C} C My commission expires: i y 1 z/ Q `f < ( 0 CONSULTANT: J &K, INC Title: V? day of l , 2009 Notary Public Seal GO O P ER COs �p7AR y O PUBUG p �?"?'SSion Expires 11, "Exhibit A" trails WOLCOTT TO EAGLE TRAIL, PHASE 1 Request for Conceptual Engineering Services June 2009 GENERAL PROJECT DESCRIPTION This is a project managed by the ECO Trails Program, a department of Eagle County government. The 2.2 mile trail project will be located on the north side of Highway 6 starting at the intersection of Highway 131 heading west towards Eagle. The general route has been identified and is shown on the attached map. The trail will generally travel alongside Highway 6 from the Highway 131 bridge west to the CDOT maintenance yard, along the frontage of the CDOT yard, then onto a platform created by an old road and abandoned ditch that travels toward and into the BLM campground (and also traveling on the water and sanitation district property if possible, and west of the railroad track crossing), continuing in the right of way alongside the CDOT mobile home park, underneath the 1 -70 bridge on the Highway 6 edge (behind guardrail) and ending at the unpaved pull -out area immediately west of the Interstate 70 bridge. Conceptual alignment is shown as the red line on the attached map. The intent of the conceptual design process of the 2.2 mile project is to understand construction, budgeting and land ownership issues associated with the route and to create accurate mapping for discussion with land owners and land managers along the proposed route. Adjacent ownership includes Colorado Department of Transportation, Bureau of Land Management, Eagle River Water and Sanitation District and one or two private landowners. The concept plan will also be used as part of fund raising efforts. PROJECT GOALS: • Meets County, State (CDOT), Federal (ADA, FHWA) and other applicable (AASHTO) paved multi -use trail (e.g. path) standards • Avoids or minimizes environmental impacts • Appeals to several user groups i.e. relatively straight and fast for road bikers, separated from road for other users. • Cost effective design (i.e. minimizing structures, etc.) • Utilize lands with cooperative owners (i.e. cross public or quasi - public lands) PROJECT SCHEDULE: RFP Released ..................... ............................... June 24, 2009 11 Non - mancatory pre - proposal meeting .......................June 30, 2009, 10:30 a.m. at BLM campground entrance off Highway 6, approximately one mile west of Wolcott, Eagle County Questions, in writing, due to ECO Trails ..................July 9, 2009 by 5:00 p.m. RFP Addendum response to questions .....................July 14, 2009 by 5:00 p.m. Proposals are DUE to ECO Trails . ...........................July 20, 2009 by 1:00 p.m. Date Start Work .......................... .........................August 18, 2009 (targeted) Date Complete Work ...................... .......................November 30, 2009 COUNTY CONTACT INFORMATION: ECO Trails contact for this proposal and work is Ellie Caryl, ECO Trails Program Manager. Phone is 970- 328 -3523, fax is 970 - 328 -3539. Mailing address is PO Box 1070, Gypsum, CO 81637. Physical address is ECO Trails, 3289 Cooley Mesa Road, Gypsum, CO 81637. E -mail address is ell ie.caryl @, laglecounty.us. All questions related to the content and details of the proposal must be submitted IN WRITING so that an accurate written record of questions and responses can be maintained. TASKS: 1. BASE MAP Prepare base map of the route, evaluating a 50 foot wide corridor measured from the centerline of the conceptual trail route, and addressing the following items. Available County and State resources should be employed as much as possible to control conceptual planning costs. Base map shall include: a. Accurate location of property ownership in the 50 foot wide corridor, based on field survey and deed information. Ownership includes Colorado Department of Transportation, Bureau of Land Management, Eagle River Water and Sanitation District and one to three private landowners. b. Existing easements for access, utility, other encumbrances C. Location of Eagle River channel and floodplain limits (100 yr and 500 yr) if within 50 feet of proposed trail centerline. d. Railroad corridor, depicted as accurately as possible with existing centerline (field) information. UPRR maps are available from ECO Trails. Rail corridor is not legally described, width based on field location of track centerline. UPRR corridor is 100 ` to 'f ?00' wide through this area and is adjacent to approximately 25% of the proposed trail alignment. e. River setback of 75 feet from ordinary high water mark, if it falls within the 50' corridor. f. Utility structures and facilities, above ground and below ground, e.g. power lines, vaults, etc. g. Improvements such as other structures (e.g. bridges, barriers, guardrails, vaults, buildings, drainage pipes, etc.) h. Topography at 2' contours using Eagle County GIS contour layer. Detail field surveyed topography would be developed as needed (e.g. retaining wall section from 12 Highway 131 towards CDOT yard) as part of the subsequent design stage, and included in that future scope of work. i. Base map(s) will be drawn at 1" = 30' scale, with exception of Index Map sheets which will be drawn at scale necessary to depict entire route on one or two pages. j. Aerial photo layer to be included under Index maps. k. Base map will be developed in the 11" x 17" format required by CDOT. I. General tree and shrub cluster boundaries, as identified by aerial photos, and field review. Wetlands and riparian studies and survey of clusters to performed separately by others or at later date. M. Review of GIS wildlife maps to ascertain any nesting areas or sensitive zones that are located within the 50 foot study corridor. 2. INCORPORATE TRAIL ALIGNMENT AND BASIC DESIGN RECOMMENDATIONS a. Consultant to draft the trail alignment on the base map, adjusting and fine tuning the route identified by ECO Trails staff and Committee as needed. Committee membership includes Professional Engineers and construction professionals. b. The base map will incorporate a proposed centerline of the trail and identify with plan notes all areas where retaining walls or cut and fill slopes are anticipated and develop a total of 15 conceptual cross sections spread throughout the alignment length, as conceptual information on how the trail would fit within the landscape. Full design of the trail and any structures or earthwork is not requested at this time. C. The trail will be 10 foot wide asphalt paved with 1 foot compacted road base shoulders each side. Samples of the ECO Trail standard design can be found throughout the Eagle Valley. d. Grades must confirm to ADA standards and should remain as level as possible. Typical cross slope drainage is 2 %. e. As much separation from the highway asphalt as possible should be provided. f. Ownership of adjacent land should be considered. At this time, the route anticipates CDOT, FHWA and BLM cooperation. The agencies request that sensitive lands be avoided. UPRR, private land and Water -San District cooperation has yet to be determined. Products from this process will be used to negotiate with those parties as needed. UPRR and private property should be avoided as much as possible. g. The alignment will end at the existing highway pull out area below the Interstate 70 overpass of Highway 6. An unpaved parking area should be defined for 4 cars, with moderate signage, wood fencing as needed define area, and safe pull in /pull out arrangement. h. This step will require one field meeting with representatives of ECO Trails, and two subsequent plan review meetings to review iterations of the concept plan. CDOT and BLM may be included in the concept plan review meetings. 13 Soils testing is not being requested at this time. It is assumed that soils will in general be conducive to the type of trail design contemplated (e.g. on native platform with standard base - asphalt cross section, or wall sections with possible imported backfill or suitable native backfill). Soils testing services will be procured as part of a future phase of work. AVAILABLE COUNTY INFORMATION: County RE�sources Available at No Charge, to Selected Firm: • Topography at two foot contours • Flo odplain • Plats • Ownership maps • Highway ROW maps • Railroad maps • Wildlife maps PRE - PROPOSAL MEETING: To describe the route as currently identified in the field, Ellie Caryl, ECO Trails will meet with interested firms to review the route. Meeting time and place will be on Tuesday, June 30 at 10:30 a.m. at BLM campground entrance off Highway 6, approximately one mile west of Wolcott for a brief tour of the project area. Attendees are encouraged to bring safety devices if they have them (flashing light for vehicle, orange vests) because of proximity to Highway 6 during tour. The pre - proposal meeting is recommended but not mandatory. SUBMISSION REQUIREMENTS AND EVALUATION CRITERIA: In an effort to reduce costs associated with preparation and review of a proposal, firms are requested to limit their proposals to 6 pages including the attached forms. Questions on this proposal will be accepted IN WRITING only up until 5:00 p.m. on July 9, 2009. An addendum responding to all questions will be issued on July 14, 2009 by 5:00 p.m. Three copies of the proposal, bound or unbound will be accepted, shall be submitted to ECO Trails, 3269 Cooley Mesa Road, Gypsum, CO, 81631. E- mailed submissions will be accepted in lieu of hardcopy submittals if all attachments can be conveniently printed at 8.5 x 11, and file size can be easily forwarded to other reviewers (i.e. no ftp or zip files). E- mailed submittals can be sent to ellie.car_vl @eagleountV w. RespondE�nts must include the following in their proposals: 1) Name of firm, physical address of firm office, mailing address, email, phone and fax contact information, prime contact. 14 2) Names and professional qualifications /certifications of all respondent team /staff members to be actively involved in the project and their specific roles. Lead designer, project manager, drafting personnel (if work directed to others) and surveyor to be identified at minimum. 3) Assurance of sufficient organizational expertise, resources and availability to perform requested services in a cost effective and timely manner i.e. staffing and work load. 4) A list of at least five and no more than 10 clients for similar projects by the firm. Project name, contact name and phone number must be provided. 5) Hourly rates and /or unit costs for personnel, equipment, subcontracts, travel costs and materials. 6) Proposed Cost to complete the project, as described herein. Evaluation Criteria: An evaluation committee comprised of three engineering or planning professionals will review the proposals. The information received will be evaluated for: 1. Responsiveness to the project overall 2. Similar experience 3. Qualifications 4. Ability to perform the work in a timely manner 5. Presence in Eagle County. It is preferred that the firm selected to do the majority of the work is based in Eagle County. 6. Cost to provide the products requested GENERAL INFORMATION: Section 11.06 Investigation of Conditions. All firms are encouraged to review this RFP carefully and to investigate all conditions involved in the execution of work. The selected firm shall not be allowed additional compensation for items on which it has failed to inform itself prior to the opening of proposals. Right to Reject Proposals. ECO Trails reserves the right to reject any or all proposals, to waive any irregularities or informality in any proposals, and to accept or reject any item or combination of items. The award of the contract will be to the firm whose proposal best complies with all of the requirements set forth in this RFP. In the event that the firm or individual to whom the contract is awarded does not execute a contract, ECO Trails may give notice to such firm of intent to award the contract to the next most qualified firm, or to call for new proposals, and may proceed to act accordingly. Incorporation of RFP or Proposal in Contract Agreement. This RFP and the firm or W individual's response, including all promises, warranties, commitment and representations made in the successful proposal shall be binding and shall become contractual in conjunctio,i with the execution of the consulting contract, unless otherwise amended through final negotiation of and prior to execution of a consulting contract. Cost of Preparing Proposals. ECO Trails will not reimburse any firm submitting a proposal the costs to clarify its proposal or to supply additional material deemed necessary to assist in the selection, and to modify or alter any or all of the requirements herein. Insurance. The consultant shall secure and maintain, prior to commencing any activities related to this RFP, insurance coverage as required under Colorado statutes, including workers compensation insurance, general public liability, and professional liability insurance coverage. Non - Discrimination. Respondents to this RFP must agree that they will not engage in any discrimination on the basis of sex, race, color, creed, national origin, age (except minimum age provisions), marital status, or disability in dealings with ECO or ECO employees. Any violations Df these provisions shall be considered a violation of a material provision of the consulting contract and shall be grounds for cancellation, termination, or suspension in whole or in part of the contract with ECO. The firm shall at all times in the proposal and contracting process comply with all applicable county, state, and federal anti - discrimination laws, rules, regulations and requirements. June 30, 2009 16 Published in Eagle Valley Enterprise: Thursday, June 25, 2009 Thursday, July 2, 2009 Published in the Vail Daily: Thursday, June 25, 2009 Monday, June 29, 2009 Friday, June 26, 2009 "Exhibit B" trails WOLCOTT TO EAGLE TRAIL, PHASE 1 Request for Conceptual Engineering Services ADDENDUM #1 Issued July 14, 2009 The following clarifications, additions or deletions shall be made the RFP as indicated, and all other conditions shall remain the same. The following are questions received at the June 30 pre - proposal meeting, questions submitted in writing by the July 9 deadline per the RFP instructions, or additional clarifications by ECO Trails. GENERAL ITEMS: 1. In the Proposal submission, please indicate that this Addendum #1 was received. 2. Proposals are DUE to ECO Trails on Monday, July 20, 2009 by 1:00 p.m. per the delivery instructions in the RFP. 3. Proposals will be evaluated per the Criteria cited in the RFP and scored per the following point system. Proposals will be ranked according to reviewer averages. Criteria Maximum Points 1 Responsiveness to the project overall 25 2 Similar experience 15 3 Qualifications 15 4 -Ability to perform the work in a timely manner 10 5 Presence in Eagle County. It is preferred that the firm selected to do the majority of the work is based in Eagle County. 15 6 Cost to provide the work requested 20 TOTAL POINTS 100 4. A list of attendees at the Pre - proposal meeting held on June 30, 2009 in Wolcott is attached. Additionally, ECO Trails was contacted in writing for information or questions by: Martin /Martin Sopris Engineering Land Designs by Ellison ERO Resources Group Koechlein Consulting Engineers 17 Bryan Mille,Company Peak Land Consultants 5. Clarification to "Submission Requirements and Evaluation Criteria ": Page 4.: In an effort to reduce costs associated with preparation and review of a proposal, firms are requested to limit their proposals to 6 pages ' . There are no forms associated with the proposal, but 6 page limit still applies. DESIGN QUESTIONS AND CLARIFICATIONS: 1. We would like to know the extent of base mapping/survey data available for this project. Per the RFP, Eagle County has several GIS layers that are adequate for the scope of work. As noted in the RFP. the most important accuracy level for the base map is the property boundaries. GIS property boundary information is not considered accurate enough for engineering design purposes. It is estima °:ed that no more than 12 properties are involved, including the state and federal lands. County property owner records should be reviewed as needed. Title company reports, upon approval by ECO Trails, may be requested as needed and paid for by ECO Trails. Colorado Department of Transportation (CDOT) has recent survey information (2008 and 2009) for the Interstate 70 right of way. Hard copy Highway 6 right -of -way plans are available through CDOT and ECO Z rails. Electronic data to augment those plans will be requested by ECO Trails for Consultant selected. Eagle County Engineering (ECE) has surveyed the edge of asphalt and location of existing white line from the Wolcott bridge to Interstate 70 Highway 6 overpass bridge as part of the current Highway 6 shoulder widening joint project of CDOT and Eagle County. The Highway 6 north right -of -way line was generally located using found monuments. ECE states that the information developed for the shoulder widening plans is accurate for location of the white line and edge of asphalt, but should not be utilized for accurately portraying the edge of right -of -way. This scope of work will involve accurately depicting the north right -of -way line of Highway 6 CDOT. As noted in the RFP, ECO Trails will provide the selected Consultant with hard copy Union Pacific Railroad right -of -way maps. The Eagle County two foot contour topographical information found at http: / /www.eaglecounty.us /engineering /floodplain.cfrr, is available to all Proposers to review and will be made in available in digital file format to the selected Consultant. This information is suitable for creation of a base map for initial analysis and design. The Eagle County GIS and Engineering Department staff has advised that the topography for the floodplain maps is superior to the 1998 GIS topographi ,-al information. The data is more recent and is created for design quality work. The topography in the project area has seen zero to moderate land disturbance since the maps were created. As noted in the RFP, field surveyed topography is not required at this time. All other information retained or developed by the Eagle County will be available to the selected Consultant at not cost. Other information sources may include Bureau of Land Management and Eagle River Water and Sanitation District. 2. How much wall design is required ?: See section 1 h, pg. 3 and section 2b, page 3 in the RFP regarding references to wall design. With this scope, wall design is not requested, only identification of where walls would likely be necessary and conceptual cross - sections for those areas. 3. Are any Environmental Services necessary at this time ?: Per the RFP, environmental services such as wetlands delineations, permitting, wildlife studies or other cultural studies are not requested at this time. Geotechnical studies are not requested at this time, per the RFP. 100 and 500 year floodplain boundaries and river setback lines are requested at this time. Selected firm should consider the obvious signs of potential wetlands (location of high water mark, presence of vegetation very common to wetlands i.e. willows, general location of the riparian area) in the conceptual alignment development. 4. Drainage Study A full scale drainage study is not requested at this time. As noted in the RFP, the base map shall depict location of existing drainage appurtenances that are within the study area, e.g. pipes. Drainage ways, apparent drainage issues and the interface of trail and road drainage should be considered in development of the alignment. 5. Union Pacific Right of Way Identification of the boundary of the railroad right -of -way is part of the scope of work. It will be necessary to enter the track corridor in order to obtain measurements from the centerline of the track, which is how UPRR measures their property rights most often (railroad deeds are not common for the corridor boundaries, but status should be verified). The UPRR right -of -way maps for this area will be provided to the selected Consultant. A Contractor's Right of Entry permit and railroad insurance will be required in order to enter the railroad right -of -way. Do not include railroad permit fees, railroad insurance and staff time to apply for or track the railroad permits in your proposal. ECO Trails will assist with this process. Fees and costs vary and are subject to further review. If Consultant services are necessary, the final scope will be adjusted accordingly in the contract agreement. 6. Trail Route All Proposers should review the proposed trail corridor in the field prior to submittal of a Proposal. Platform Opportunities: Access to the middle third of the proposed route was hampered on the day of the pre - proposal meeting due to traffic control for adjacent highway construction. The view of this potential platform (below), west of the CDOT yard and past the railroad bridge crossing, was not observed by the group on that day. It is located approximately 100 to 125 feet from the centerline of the railroad tracks. 19 iY R 1 k a ay1 Potential trail platform Trail Committee members walking on platform Same platform, to right Interstate 70 Bridge: As noted on June 30, the current "best' route around the 1 -70 bridge abutments appears to be on the north side of east abutment and south side of west abutment. River Access: River access for fishing and boating in area of Wolcott Highway 6 and Highway 131 bridge intersection should be considered and accommodated in the conceptual design. River access parking currently occurs on both the river side and 1 -70 side of Highway 6. CDOT Yam: The route concept is currently to pass between the guardrail of Highway 6 and the CDOT sand barn, due to a private property in- holding along the river and the constrained CDOT operations site. Maintaining clear access to the CDOT yard but minimizing crossings of the trail by vehicles should be considerec in the alignment design. 20 "Exhibit C" &K, INC. Table of Contents I. Contact Information (See Below) 2. Team Members 3. Company Profile 4. Similar Projects S. Client Rate Schedule 6. Proposed Cost PROPOSAL FOR CONCEPTUAL ENGINEERING SERVICES FOR trails eagle county regional trails system WOLCOTT TO EAGLE TRAIL, PHASE I J &K, Inc. Job #9107 Contact: Chris Williams Phone: (970) 328 -6368 Ext. 223 Fax: (970) 328 -1035 Email: chrisw @jk- inc.com PO Box 409 1286 Chambers Avenue Eagle, CO 81631 2. Team Members & K , INC. J &K, Irc. has over 35 years of experience in the land development and infrastructure construction in Eagle County. Our team of over fourteen talented engineers, surveyors, designers, project managers and support staff provides civil engineering, land surveying, planning, mapping, architecture and structural engineering services. Because our staff has the diverse skills required for this project we do not need to sub - contract with other consultants. We propose to utilize the following key personnel for this project. Chris Williams, - Production Manager Chris has over 20 years of experience in civil engineering and infrastructure projects in Eagle County with comprehensive experience related to roadway and pedestrian path projects including pathway design, easem:nt and right -of -way acquisitions, CDOT, PUC and UPRR coordination. Recent experience includes the Eagle River Station Railway crossing and CDOT access permit, Salt Creek Bike path extension and Jules Drive in Town of Gypsum Jim Kunkel, P.E., P.L.S. — Senior Consultant Jim provides the oversight and guidance backed by over 35 years of surveying and engineering in Eagle County. He has a tremendous wealth of knowledge of local based civil engineering and surveying. He will be ava fable to everyone on the team to provide advice and guidance through the difficult parts of the project. W. Sean Kerrigan, P.E. — Project Manager Sean has over 20 years of experience in civil and structural engineering performing design and project management for a wide variety of infrastructure projects including bike paths, pedestrian and bike path bridges in Eagle County. Sean is a Colorado licensed engineer and will serve as the structural engineer on this project. Sean's recent relevant experience includes the Salt Creek Bike Path extension, Castle Peak Ranch Driveway bridge, Brush Creek Road Bike Path, T.O.E., Chambers Avenue sidewalk extension. Sean has worked on bridge projects with Contech, Big -R, and York Bridge Company. John McMahan, P.L.S. — Project Surveyor John has over 25 years of land surveying and construction surveying experience with extensive knowledge of conventional and GPS survey techniques. John provides support in both the field and office side of the Survey department and will serve as the lead surveyor on this project. Jason Aligood, P.E. — Civil Project Engineer Jason has over six years of civil experience and is adept in design and construction drawing. Jason utilizes AUtoC.AD's Civil 3D to quickly generate designs, analyze alternatives and optimize the design of paths and roadways considering earthwork, boundary constraints, storm water and drainage and constructability. Andy Dewell, - Mapping Technician Andy 'ias over 14 years of computer design experience. Andy utilizes ESRI's ArcGIS software to produce intelligent maps with associated databases and AutoCAD Civil 3D to produce high quality site plans. Currently Andy is building a GIS system for the Town of Gypsum and a GIS system for a private ranch in Carbondale, Colorado. Andy's past work includes developing the conceptual base trails master plan for Eagle County's ECO Trails. INTEGRITY FROM THE GROUND UP'" P 970 328 6368 1 970 328 1035 POST OFFICE BOX 409 1286 CHAMBERS AVENUE, SUITE 200 EAGLE, COLORADO 81631 IK ,N1 ( OM JIM INC. 3. Company Profile Proven experience using current technologies to maximize your investment J &K, Inc. was established in 1972. We have over thirty seven years of experience providing land surveying, civil engineering, architecture, structural engineering, construction management, mapping, and planning services to our clients. We are located in Eagle, Colorado at 1286 Chambers Avenue and serve customers in the Colorado Rocky Mountain region. We have over fourteen talented employees consisting of civil engineers, structural engineers, an architect, surveyors, project managers, designers, technicians and clerical support. We are well capitalized and use state -of- the -art engineering, surveying and production equipment including CAD workstations that utilize AutoCAD drafting software in conjunction with AutoDesk's Land Development Desktop 2009, AutoCAD Civil 3D 2009, Architectural Desktop (ADT), Risa -3D and EnerCalc structural software, and ESRI's ArcGIS software. Our computer equipment and software are upgraded on a regular basis to gain full advantage of the latest technologies available. Our employees are provided annual training seminars to maintain their knowledge and expertise. Our field crews use Trimble Navigation GPS receivers for surveying. Additionally, each crew is also equipped with a conventional total station allowing them to survey in a variety of environments and conditions. We also use data loggers to store the surveying data collected with our GPS or conventional systems. We have expertise with aerial surveying using TerrainVision ®, a LiDAR based technology combining high - resolution photographic images with accurate topographic data. Documents and drawings are output to a variety of high quality plotters and printers. We understand that technology alone does not guarantee success. We have developed standards and procedures over the last thirty-seven years for project management, engineering, design and surveying that result in consistent quality, cost effective solutions and ultimately, satisfied customers. INTEGRITY FROM THE GROUND UP P 970 328 6368 F 970 328 1035 POST OFFICE BOX 409 1286 CHAMBERS AVENUE, SUITE 200 EAGLE, COLORADO 81631 1K W _OM I &K, INC. 4. Similar Proiects Jules Drive: 2008 A road and bike path project connecting Highway 6 to Cooley Mesa Road. Project involved coordination with Town of Gypsum, ECO- Trails and private property owners. Prepare constriction drawings estimates, value engineering and surveying services. Reference: Jerry Law, Town of Gypsum, ph: 524 -1744, email: jerry@townofgypsum.com Cooley Mesa Road Bike Path: 2007 A bike and pedestrian path in the Town of Gypsum that parallels the no-th side of Cooley Mesa Road from the County building to the Eagle County Airport. J &K provided design and surveying services. Reference: Jerry Law, Town of Gypsum, ph: 524 -1744, email: jerry@townofgypsum.com Eagle River Station Highway 6 Access Design: 2007 - 2008 Design of two, at- grade, railroad crossir g and round -about intersections for access to the south side of the proposed Eagle River Station development. Work included preparation of submittals and for coordination with the Railroad Company and Ci)OT. Reference: Bill Clinkenbeard, Trinity Red Development, ph: 748 -0971, email: billclink @comcast.net Brush Creek Bike Path Extension: 2006 A bike and pedestrian path in the Town of Eagle that parallels Brush Creek Road from Capitol Street to the Orchards Subdivision. Design included grading and drainage improvements, widening of existing sidewalk to meet bike path standards, construction surveying and constriction administration support. Reference: Tom Gosiorowski, Town of Eagle, ph: 328 -6678 email: tom @townofeagle.org Frost Creek / Salt Creek Bike Path extension: 2003 - 2008 A paved bike path meandering adjacent to wetlands and flood plains and crossing the Brush Creek. J &K prepared a drainage study and mapped the flood plain and wetlands boundaries. The design included storm drainage, utility design and piped irrigation ditches. Structural design included box culverts to cross Salt creek and abutments for bridges on BrL sh Creek. Reference: Bruce Gray, Adams Rib, ph: 328- 2515, email: bgray @hbecorp.com Buckhorn Valley PUD: 2001 - 2008 A multi - phased residential subdivision requiring paved bike baths and road ways, piped irrigation ditches, drainage studies, land surveying (boundaries, lot lines, setbacks and easements). J &K assisted with construction administration preparing estimates of cost, schedules and monitoring the project for the developer. Reference: Dave Garton, Roark Partners, ph: 524 -5055, email: dgarton @buckhornvalley.com INTEGRITY FROM THE GROUND UP ' 970 328 6368 f 970 328 1035 POST OFFICE BOX 409 1286 CHAMBERS AVENUE, SUITE 200 EAGLE, COLORADO 81631 IK :N' t uM January 2009 I&K, INC. 5. Client Rate Schedule POSITION RATE PER HOUR ARCHITECTURAL ENGINEERING DEPARTMENT: Registered Professional Land Surveyor ................................................... ............................... Architectural Designer I ............................................................................. ............................... $ 75.00 Architectural Designer 11 ........................................................................... ............................... $ 85.00 Architectural Designer III .......................................................................... ............................... $ 95.00 ArchitectI ............................................................................................... ............................... $ 95.00 Architect11 ................................................................................................. ............................... $110.00 ArchitectIII ................................................................................................ ............................... $120.00 StructuralDesigner I .................................................................................... ..............................$ 75.00 StructuralDesigner II ................................................................................. ..............................$ 85.00 StructuralDesigner III ................................................................................ ............................... $ 95.00 StructuralEngineer I ....................................................... ............................... ........................$100.00 Structural Engineer 11 ........................................................ ............................... ........................$110.00 StructuralEngineer III ....................................................... ............................... ........................$120.00 ProjectManager I ..................................................................................... ............................... $110.00 ProjectManager II ..................................................................................... ............................... $120.00 ProjectManager III .................................................................................... ............................... $130.00 CIVIL ENGINEERING DEPARTMENT: Principal............................................ ............................... Registered Professional Engineer .............................. Project Manager ............................. ............................... Construction Administrator ........ ............................... FieldEngineer .................................. ............................... Project Engineer I .......................... ............................... Project Engineer 11 ......................... ............................... Project Engineer III ........................ ............................... Engineering Technician I ............... ............................... Engineering Technician 11 .............. ............................... Engineering Technician III ............. ............................... SURVEYING DEPARTMENT: ..................... ............................... $140.00 ..................... ............................... $130.00 ..................... ............................... $120.00 ..................... ............................... $110.00 ....................... ............................... $90.00 ..................... ............................... $105.00 ..................... ............................... $110.00 ..................... ............................... $1 15.00 ....................... ............................... $86.00 ....................... ............................... $90.00 ....................... ..............:................ $95.00 SurveySupervisor ........................................................................................ ............................... $105.00 Registered Professional Land Surveyor ................................................... ............................... $120.00 ProjectSurveyor .......................................................................................... ............................... $105.00 SurveyTechnician .......................................................................................... ............................... $86.00 1 -Man Field Crew ................................................................ ............................... ........................$105.00 2 -Man Field Crew ............................................................... ............................... ........................$140.00 3 -Man Field Crew ........................................................................................ ............................... $177.00 GPS Dual Frequency Receiver /Per Receiver /Per Hour ......................... ............................... $15.00 RoboticTotal Station ...................................................................................... ............................... $7.50 MAPPING DEPARTMENT: GISManager .......................................................................... ............................... ........................$120.00 GISTechnician I .................................................................... ............................... .........................$86.00 GISTechnician 11 ............................................................................................ ............................... $90.00 GISTechnician III ........................................................................................... ............................... $95.00 ADMINISTRATION: Clerical............................................................................................................. ............................... $60.00 CADSystem ..................................................................................................... ............................... $7.50 These rates are subject to change without prior notice. INTEGRITY FROM THE GROUND UP" P 970 328 6368 F 970 328 1035 POST OFFICE BOX 409 1286 CHAMBERS AVENUE, SUITE 200 EAGLE, COLORADO 81631 IK INC.COM J&K, INC. 6. Proposed Fee Base Map Estimated Fee: $9,725.00 Provide accurate survey of property lines, highway right -of -way and railroad along the proposed alignment. Survey the high water line of the Eagle River and obvious wetland and riparian areas within the corridor. Incorporate edge of pavement and centerline survey from Eagle County Engineering. (Utilizing proprietary TerrainVision® mapping technology, a geodetic definition for the local coordinate system used for survey data will be created so Eagle County mapping data and imagery can be accurately transformed and incorporated from the county GIS system. Inaccurate rubber sheeting techniques will not be used. ) Design Trail Alignment Estimated Fee: $6,275.00 This conceptual design will include plan and profile, cross sections (at least 15) and geometric design of any required retaining walls. The design will be optimized using autodesk civil 3D to reduce the need for right of way acquisition and retaining structures. An estimate of probable construction cost will be provided. ■ Total Estimated Fee $16.000.00 This proposal is based on the RFPdated June 24, 2009, and addendum No. I dated July 14, 2009. TERM SHEET 1) Requested hearing date: 401 2) For County Manager signature: Contract amount is $16,000.00 3) Requesting department: ECO Trails 4- ( l?oCL 4) Title: Agreement For Professional Services For Conceptual Engineering Services For The Wolcott To Eagle Phase I Trail Project 5) Check one: Consent: On the Record: 6) Staff submitting: Ellie Caryl, ECO Trails 7) Purpose: The scope of work includes base mapping, accurate property ownership, preliminary topography and conceptual alignment design with cross sections. The concept mapping will allow for detailed route and permitting discussion with BLM, CDOT, FHWA and property owners. A final route will be determined through this phase of design, with the next step to proceed into full design and permitting in early 2010. S) Schedule: Work would commence immediately following approval of the Agreement with completion by November 30, 2009. 9) Financial considerations: The contract amount is $16,000. Proposals were received from 14 engineering firms, with proposal costs ranging from $7,000 to $51,000, with the majority of firms estimating in the mid- $20's. J &K Inc was determined to be most By: responsive through evaluation by our review team. J &K Inc is an engineering company located in Eagle County. Up to $35,000 in funds were approved on July 20 by the County Commissioners for project engineering. VV VA.. FORM Eagle County Commissioners' Office S(ot% I o, i�� tc Wu& RECEIVED AUG 19 2009 (EAGLE C:OUNI-Y ArrORNEY