HomeMy WebLinkAboutC11-225 KRW ConsultingAGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
EAGLE COUNTY, COLORADO
AND
KRW CONSULTING, INC.
THIS AGREEMENT ( "Agreement ") dated as of this 6 day of 2011, is
between the County of Eagle, State of Colorado, a body corporate and p66tic, creinafter "County ")
and KRW Consulting, Inc. a Colorado corporation (hereinafter "Consultant ").
RECITALS
WIIEREAS, the County desires to contract with Consultant for the provision of the Services at
the Eagle County Landfill as outlined in Section 1 hereunder ; and
WHEREAS, Consultant has represented that it has the experience and knowledge in the subject
matter necessary to carry out the Services outlined in Section 1 hereunder; and
WHEREAS, County and Consultant intend by this Agreement to set forth the scope of the
responsibilities of the Consultant in connection with the Services and related terms and conditions to
govern the relationship between Consultant and County in connection with the Services.
AGREEMENT
NOW THEREFORE, based upon the foregoing recitals and for good and valuable consideration,
including the promises set forth herein, the parties agree to the following: .
SECTION 1 \
`SERVICES \
1.1 The Consultant will provide the following Services to County (hereinafter "Services" or
"Consulting Services "): Landfill Operation Services, to include: Update of storm -water
management plan for the MRF, Phase 1 survey, partial staking of Phase 1, special waste
assistance, solidification basin RACT analysis and Section 17 revisions, general air permitting
assistance, leachate sampling assistance, landfill life calculation, operating permit annual
compliance report preparation, Tier II Report assistance, green -house gas reporting assistance,
and Title V semi - annual monitoring and permit deviation report assistance. All services shall
comply with all applicable statutes and regulations including but not limited to CDPHE rules and
regulations.
1.2 The Consultant agrees that Consultant will not knowingly enter into any consulting arrangements
with third parties that will conflict in any manner with the Consulting Services.
1.3 Consultant has represented to County that it has the expertise and personnel necessary to
properly and timely perform the Services.
SECTION 2
TERM OF AGREEMENT
2.1 This Agreement shall commence on the date first set forth above, and subject to the provisions
of Section 2.2 hereof, shall continue in full force and effect until December 31, 2011 or until the
Agreement is otherwise terminated in accordance with Section 2.2 hereof.
2.2 This Agreement may be terminated by either party for any reason upon seven (7) days'written
notice, with or without cause, and without penalty whatsoever therefore.
23 In the event of any termination ofthis Agreement, Consultant shall be compensated for all
incurred costs and hours of work then satisfactorily completed.
SECTION 3
INDEPENDENT CONTRACTOR
3.1 With respect to the provision of the Consulting Services hereunder, Consultant acknowledges
that Consultant is an independent contractor providing Consulting Services to the County.
Nothing in this Agreement shall be deemed to make Consultant an agent, employee, partner or
representative of County.
3.2 The Consultant shall not have the authority to, and will not make any commitments or enter into
any agreement with any party on behalf of County without the written consent of the Board of
County Commissioners.
33 The Consultant will maintain the following insurance:
i) Workers' Compensation with policy limits as required by law, and Employers
Liability Coverage, with policy limits of $500,000 each.accident for Bodily Injury by
Accident; $500,000 each employee for Bodily Injury by Disease; and $500,000 policy
Iimit for Bodily Injury by Disease.
ii) Commercial Auto Coverage with limits of not less than $1,000,000 each accident
combined Bodily Injury and Property Damage Liability insurance, including coverage
for owned, hired, and non -owned vehicles and shall list Eagle County as an additional
insured.
iii) Commercial General Liability on the current ISO "occurrence" type commercial
general liability form, with limits of liability of not less than $1,000,000 per occurrence;
$1,000,000 for bodily injury and property damage liability; $1,000,000 for personal
injury and advertising injury Iiability; and $1,000,000 in annual aggregate limits. The
policy shall provide products - completed operations coverage, blanket contractually
assumed liab lity- coverage with the employee exclusion deleted. The policy shall list as
Eagle County as an addi ional insured.
iv) Professional Liability (Errors and Omissions) Insurance with prior acts coverage for
all Services required hereunder with limits of liability of not less than $1,000,000 per
and $1,000,000 in the aggregate.
SEMON4
4.1 For the Consulting Services provided hereunder, County shall pay Consultant on an hourly basis
at the rates set forth in Exhibit A hereto. All materials and expenses shall be charged at cost with
no mark -up thereon. In no event shall the cost of the Services (including materials and expenses)
exceed $23,910. Amore detailed breakdown ofthe anticipated cost of Services under paragraph
1.1is set forth in Exhibit B .. If additional services are required, Consultant shall obtain written
permission of County to perform such Services in advance. Consultant will not be entitled to bill
at overtime and/or double time rates for work done outside of normal business hours unless
specifically authorized to do so by County. Fees for any additional services will be as set forth in
an executed addendum between the parties. Fees will be paid within thirty (30) days ofreceipt
of a proper and accurate invoice from Consultant respecting Consulting Services. The invoice
shall include a description of Service. performed, and hours spent on each task. Upon request,
Consultant shall provide County with such other supporting information as County may
request.
4.2 County will not withhold any taxes from monies paid to the Consultant hereunder and
Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
4.3 Notwithstanding anything to the contrary contained in this Agreement, no
charges shall be made to the County nor shall any payment be made to the Contractor in
excess of the amount for any work done in respect of any period after December 31 st of
the calendar year of the Term of this Agreement, without the written approval in
accordance with a budget adopted by the Board of County Commissioners in compliance
with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local
Goverment Budget Law (C.R.S. § 29 -1 -I01 et seq.) and the TABOR Amendment
(Colorado Constitution, Article X, Sec. 20).
SECTION 5
OWNERSHIP OF DOCUMENTS
5.1 All documents (including electronic files) whicln� are obtained during or prepared, either partially
or wholly, in the performance of the Services shall remain the property of the County and are to
be delivered to County before final payment is'made to Consultant or upon earlier termination
of this Agreement.
SECTION 6
INDEMNIFICATION
6.1 The Consultant shall, to the fullest extent permitted by law, indemnify and hold harmless
County and any of its officers, agents and employees against any losses, claims, damages
or liabilities, of or by anyone whomsoever, for which County or any of its officers,
agents, or employees may become subject to, insofar as any such losses, claims, damages
or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any
performance or nonperformance by Consultant or its sub - consultants hereunder.
6.2 Notwithstanding the foregoing, Contractor acknowledges that County does not waive or
intend to waive the monetary limitations, or any other rights, immunities and protections
provided by the Colorado Governmental Immunity Act, (C.R.S. § 24 -10 -101 et seq.), as
from time to time amended or as otherwise available to County, its commissioners,
officers and employees, all of which rights, immunities and protections County expressly
retains. Further, the minimum insurance requirements prescribed herein shall not be
deemed to limit or define the obligations of Contractor hereunder.
SECTION 7
CONSULTANT'S PROFESSIONAL LEVEL OF CARE
7.1 Consultant shall be responsible for the completeness and accuracy of the Consulting Services,
including all supporting data and other documents prepared or compiled in performance of the
Services, and shall correct, at its sole expense, all significant errors and omissions therein.
Consultant shall perform the Consulting Services in a skillful, professional and competent
manner and in accordance with the standard of care, skill and diligence applicable to
consultants, with respect to similar services, in this area at this time.
SECTION 8
ASSIGNMENT
8.1 The parties to this Agreement recognize that the Consulting Services to be provided pursuant to
this Agreement are professional in nature and that in entering into this Agreement County is
relying upon the professional services and reputation of Consultant and its approved
subcontractors. Therefore, neither Consultant nor its subcontractors may assign its interest in
this Agreement or in its subcontract, 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.
SECTION 9
NOTICE
9.1 Any notice and all written communications required under this Agreement shall be given in
writing by personal delivery, facsimile or U.S. Mail to the other party at the following
addresses:
County. Ken Whitehead, Director,
Eagle County Solid Waste and Recycling Department
P.O. Box 473, Wolcott, Colorado 81655
Phone: 970 - 328 -3465 Facsimile: 970 - 328 -3466
with a copy to:
Eagle County Attorney's Office
500 Broadway, PO Box 850
Eagle, CO 81631
Phone: 970- 328 -8685 Facsimile: 970 - 328 -8699
Consultant: Ted Alexander
KRW Consulting, Inc.
8000 West 14" Avenue
Lakewood, CO 80214
Phone: 303 -239 -9011 Facsimile: 303 - 239 -0745
9.2 Notices shall be deemed given on the date of delivery; on the date the facsimile 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.
SECTION 10
JURISDICTION AND CONFIDENTIALITY
10.1 This Agreement shall be interpreted in accordance with the laws ofthe State of Colorado and
the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in
the Fifth Judicial District for the State of Colorado.
10.2 The Consultant and County acknowledge that, during the term of this Agreement and in the
course ofthe Consultant rendering the Consulting Services, the Consultant and County may
acquire knowledge of the business operations of the other party not generally known deemed
confidential. The parties shall not disclose, use, publish or otherwise reveal, either directly or
through another, to any person, firm or corporation, any such confidential knowledge or
information and shall retain all knowledge and information which he has acquired as the result of
this Agreement in trust in a fiduciary capacity for the sole benefit ofthe other party during the
term ofthis Agreement, and for a period of five (5) years following termination of this
Agreement. Any such information must be marked as confidential. The parties recognize
that the County is subject to the Colorado Open Records Act and nothing herein shall
preclude a release of information that is subject to the same.
SECTION 11
MISCELLANEOUS
11.1 This Agreement constitutes the entire Agreement between the parties related to its subject
matter. It supersedes all prior proposals, agreements and understandings.
11.2 This Agreement is personal to the Consultant and may not be assigned by Consultant.
11.3 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 temp, covenant, or condition herein or the
breach thereof.
11.4 In the event of any conflict or inconsistency between the terms and conditions set forth in
the exhibits and the terns and conditions set forth in this Agreement, the terms and
eonditi vs_set-forth.in -this -Agreement shall prevail.
SECTION 12
PROHIBITION ON PUBLIC CONTRACTS FOR SERVICES
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
(u) 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 /prams /ec 1 1 85221 678150.shtm
C. The 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 the 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 a Consultant violates these prohibitions, the County may terminate the contract
for a breach of the contract. If the contract is so tenninated specifically for a
breach of this 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,
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
COUNTY MANAGER
By: Keith Mon lag, County Hager
KRW CONSULTING, INC.
v zux,2�4 -
:Ted lexande
Title
STATE OF COLORADO )
ss
County of J &v c„ /,
The foregoing was acknowledged before me this '3' day of
by Ted Alexander of KRW Consulting, Inc.
Witness my hand and official seal.
My commission expires:
O j 40TA/?k
EXHIBIT A
KRW FEE SCHEDULE
KRW Fee Schedule
June 2008
Eneineering
Principal Engineer
$113.00
Project Engineer /Scientist
$96.00
Field Engineer /Scientist I
$78.00
Field Engineer /Scientist 11
$68.00
Staff Engineer /Scientist
$78.00
Staff Engineer /Scientist
$61.00
Technician
$55.00
Secretary
$40.00
Survevine
Survey Manager
$87.00
Survey Technician
$63.00
CAD Technician
$61.00
Survey Crew (2 -man conventional Total Station)
$131.00
Survey Crew (3 -man conventional Total Station)
$155.00
Survey Crew (1 -man GPS or Robotic Total Station)
$118.00
Survey Crew (2 -man GPS RTK)
$143.00
Survey Crew (3 -man GPS RTK)
$168.00
Secretary
$40.00
Information Technoloay
IT Technician $63.00
Direct Costs and Eauinment
Vehicle Mileage (outside Denver Metro Area)
$0.58
Photo Ionization Detector (PID)
$90.00
Flame Ionization Detector (FID)
$105.00
GEM Landfill Gas Monitor
$105.00
SE 2000C Hermit Data Logger w/ Pressure Transducer
$160.00
Nuclear Moisture/Density Gauge
$105.00
Per Diem (varies per locations) i.e. Rifle Colorado = $10.50 /hour
cost
Subcontracted Services (e.g., drilling, laboratory, construction, subconsultants, etc.)
cost
Materials/Parts
cost
Rental Equipment
cost?
EXHIBIT B
Detail for Services Identified in Paragraph 1.1 of the Agreement
Between Eagle County and KRW Consulting, Inc.
Eagle County Landfill
2011 Scope of Services
Landfill Operations
item
estim ated
budget
notes
update stormwater management plan to include
MRF
$2,304
24 hrs budgeted
survey -Phase 1 existing grades for landfill
life/density calculation, exclude module 9
$3,832
24 firs budgeted, $1000 in per diem and
expenses
survey -Phase 1 existing grades for landfill
life /density calculation, module 9 only
$944
8 hrs budgeted
stake top of trash design grades, top and bottom of
slopes, parts of mods 5 -7, 50' on- center
$944
8 hrs budgeted
stake mod 9 design subgrade, 200' centers
$944
8 hrs budgeted
survey- office time
$1,160
8 hrs CAD, 8 hrs PLS
special waste requests
$2,304
assumes 4 hrs per month for 6 months
solidification basin RACT analysis
$768
minor edits, send to APCD
general air permitting issues
$1,536
in case of questions from APCD re TV
application, APENS, RACT, Tier 2
leachate sampling
$200
data review, assistance. Assumes
sampling and lab costs by County
landfill life calculation
$1,152
Operating Permit Annual Compliance Report
$500
tier II report
$768
cost to complete
greenhouse gas reporting
$384
4 hrs PE2 time
solidification basin section 17 revisions
$3,072
32 hrs budgeted
Title V Semi - Annual Monitoring & Permit Deviation
reports
$768
8 hrs budgeted
Ongoing emissions calcs for UP waste acceptance
$156
assumes 2 hrs at staff rate
subtotal I
$21,736
contingency -10%
$2,174
total
$23,910
