HomeMy WebLinkAboutC11-247 Spronk Water EngineersAGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
and .
SPRONK WATERENGINEERS, INC.
This Agreement ('Agreement') dated as of this � day o tine, 011, is between the
County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County
Commissioners ('County "), and Spronk Water Engineers, Inc., a Colorado corporation with offices at
1000 Logan Street, Denver, Colorado 80203 -3011 ( "Consultant').
WHEREAS, Consultant has submitted a "Proposal for Engineering Services; Howard Ditch"
dated May 25, 2011 (the "Proposal "), copy attached as Attachment A and made a part hereof by this
reference, consisting of five (5) pages (inclusive of a Fee Schedule and a STANTEC RATE TABLE)
for the provision of services (the "Services ") outlined therein on terms outlined therein; and
WHEREAS, Consultant has represented that it has the experience and knowledge in the subject
matter necessary to carry out the Services outlined in the Proposal; and
WHEREAS, County wishes to hire Consultant to perform the Services on the terms set forth
herein below; 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.
WHEREAS, Consultant will retain and County approves Stantec Consulting Services as a
Subconsultant for the project.
Agreement
Therefore, based upon the foregoing premises and in consideration of the following mutual
promises, the parties agree to the following:
1. Services Provided:
1.1 The Consultant will provide the Services as set forth in Attachment A hereto.
12 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.
2. Term of Agreement
2.1 This Agreement shall commence on the Agreement date and, subject to the provisions of
Section 2.2 hereof, shall continue in full force and effect until the Services have been fully
performed, or until the Agreement is otherwise terminated in accordance with Section 2.2
herein.
2.2 This Agreement may be terminated by either party for any other reason with 15 days written
notice, with or without cause, and without penalty.
2.3 In the event of any termination of this Agreement, Consultant shall be compensated for all
incurred costs and hours of work then completed, plus approved expenses.
3. Independent Contractor.:
3.1 With respect to the provision of the Services hereunder, Consultant acknowledges that
Consultant is an independent contractor providing 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.
3.3 The Consultant will maintain liability, unemployment and workman's compensation insurance
on his /her behalf, as necessary.
4. Remuneration:
4.1 For the Services provided hereunder, County shall pay the Consultant in accordance with the Fee
Schedule included in the Proposal. 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 of receipt of a proper
and accurate invoice from Consultant respecting Services. The invoice shall include a
description of services performed. 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.
43 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 Consultant in excess of the amount for any
work done without the written approval in accordance with a budget adopted by the Board in
accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that
the County is a governmental entity and that all obligations beyond the current fiscal year are
subject to funds being budgeted and appropriated.
5. Ownership of Documents:
All documents (including electronic files) which 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. Consultant will be entitled to retain copies of these documents after
completion of the work.
6. Indemnification:
6.1 Within the limits allowed by law, Consultant shall indemnify County for, and hold and defend
the County and its officials, boards, officers, principals and employees harmless from, all costs,
claims and expenses, including reasonable attorney's fees, arising from claims of any nature
whatsoever made by any person in connection with the negligent acts or omissions of the
Consultant in violation of the terms and conditions of this Agreement. This indemnification
shall not apply to claims by third parties against the County to the extent that the County is
liable to such third party for such claim without regard to the involvement of the
Consultant.
Consultant's Professional Level of Care:
7.1 Consultant shall be responsible for the completeness and accuracy of the 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 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.
Information provided by Client. Consultant shall be entitled to rely upon information
provided by Client. The Consultant shall indicate to the client the information needed for
rendering of services hereunder, and the Client shall provide to the Consultant such
information as is available to the Client.
8. No Assignment:
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 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. 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.
9. Notices:
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 parry at the following
addresses:
(a) Eagle County Facilities
Attention: Ron Siebert
500 Broadway
PO Box 850
Eagle, CO 81631
Telephone: 970 -328 3581 i
Facsimile: 970 - 328-3 -599 3539
with a copy to:
Eagle County Attorney's Office
500 Broadway
PO Box 850
Eagle, CO 81631
(b) Spronk Water Engineers, Inc.
Attn: Dale E. Book
1000 Logan Street
Denver, Colorado 80203 -3011
Telephone 303 - 861 -9700
Fax 303 -861 -9799
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.
10. Jurisdiction and Confidentiality:
10.1 This Agreement shall be interpreted in accordance with the laws of the 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 of the Consultant rendering the Services, the Consultant and County may acquire
knowledge of the business operations of the other parry not generally known deemed
confidential. The parties shall not disclose, use, publish or otherwise reveal, either directly or
through another, to any person, fmn or corporation, any such confidential knowledge or
information and shall retain all knowledge and information that it has acquired as the result of
this Agreement in trust in a fiduciary capacity for the sole benefit of the other party during the
term of this 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.
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. In the event of a
conflict between the provisions of the body of this Agreement and the provisions of the
Proposal, the terms set forth in the body of this Agreement shall control.
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 term, covenant, or condition herein or the
breach thereof.
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
(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. 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 terminated 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.
/ /REMAINDER OF PAGE IN'I'ENfIONALLY LEFT BLANK //
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above
written
COUNTY OF EAGLE, STATE OF
COLORADO, by the Eagle County
Manager on behalf of the Board of County
Commissioners
Keith P. Montag, Co y Manager
SPRONK WATER ENGINEERS, INC.
By:
?' - `t5. 77'
Title:
STATE OF COLORADO )
ss
County of
The foregoing was acknowledged before me this Q0 +-� day of June, 2011
by - 0akt G.`VAoV'-
Witness my hand and official seal.
My commission expires: 10 •d0 is
NO 7- °•i
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A'• 41 BLIC e
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mod., _?�
Notary Pub
C� Spronk Water Engineers, Inc.
Z� W W 1000 Logan Street • Denver, Colorado 80203 -3011 •303,861.9700 + fax 303.861.9799 Dale E. Book
I Douglas H. Clements
Gregory K. Sullivan
Mary Kay Brengosz
Karen L. Wogsland
Brent E. Spronk (1955 -1996)
May 25, 2011
Ron Siebert
Facilities Project Manager
Eagle County
P.O. Box 850'
590 Broadway
Eagle, CO 81631
RE: Proposal for Engineering Services; Howard Ditch
Dear Ron,
This proposal is submitted by Spronk Water Engineers, Inc. (SWE) to Eagle County pursuant to
your request to assess the condition and identify needs for repair or major maintenance work on
the Howard Ditch. This work will include a site visit and meeting to observe the ditch structures
and discuss operations and needs already identified by the - County. The work will be
documented in a report, which provides recommendations for improvements and preliminary
cost estimates. We understand that this work would be completed for the County on behalf of
other co- owners of the Howard pitch.
The Howard Ditch diverts from the Eagle River just west of Avon. The scope of the
investigation will extend from the headgate, approximately one and one -half miles to the location
where the ditch enters buried pipeline. Below this point, control structures, takeouts and flumes
or meters are either in pipe or the responsibility of the individual users and will not be reviewed
for this investigation. The scope of the project will be to observe the ditch and consult with the
operator about conditions or problems. The study will not include a full location survey of the
ditch, nor address any easement issues that may exist. Any easement issues that are identified
during the course of the investigation will be noted. GPS coordinates will be collected in the
field as needed to prepare a study map of the ditch facilities. Available aerial photography will
be used as a base for a study map.
The scope of work will include developing a recommendation for type and size of pipe,
sufficient to obtain a unit cost estimate, for placing the reach of open ditch in pipe. The scope .
does not include design of the pipe layout, crossings or transitions. It will be necessary to have
data for the ditch grade for sizing pipe. The necessary information will be. noted during the site
visit and collected and provided by the County.
Ron Siebert Page 2 May 25, 2011
The work will be completed jointly by SWE and Stantec Consulting Services. Stantec will be a
subconsultant to SWE and provide opinions about needs for structural improvements and cost
estimates to implement recommended improvements.
Scope of Work
1. Compile information and data from files, State Engineer's Office and Eagle County for
operational requirements, and diversions. Review agreements and develop information
about required ditch capacity.
2. Make a site visit to observe Howard Ditch, obtain photographs and information for the
ditch and appurtenant structures, and interview the ditch operator and manager.
3. Prepare mapping of ditch, showing structures and alignment, which will be used to
identify any improvements recommended from this investigation.
4. Identify structural improvements or repairs recommended for continued operation of the
ditch. Prepare a recommendation for an alternative to place pipe in the entire length of
open ditch, which will address type and size of pipe.
5. Develop preliminary cost estimates for improvements identified. Cost to install pipe in
the ditch will be developed on a unit cost basis.
6. Prepare a report summarizing findings and recommendations.
Attend a meeting to discuss recommendations with Eagle County.
Schedule
The estimated time required to complete the Scope of Work is four to six weeks after the on -site
meeting is accomplished. Both SWE and Stantec are currently available to begin work on the
project upon authorization to proceed. Delays caused by conditions beyond our control will
extend the time needed to complete the investigation.
Fees
The estimated cost to complete the Scope of Work is $19,000. We have budgeted for one
meeting to discuss results in addition to the site visit and meeting. Charges will be based on the
fee schedules, which are attached and a part of this proposal. Services requested beyond the
Scope of Work, such as additional meetings or investigation of easement issues, will result in
additional charges, billed in accordance with the attached fee schedules.
Ron Siebert Page 3 May 25, 2011
Closing
The consulting services covered by this proposal will be provided in accordance with the General
Terms and Conditions, attached as part of this proposal. If this proposal and the General Terms
and Conditions are acceptable, authorization for SWE and Stantec to proceed should be indicated
by signing below and returning the original to SWE. We will begin work on this matter upon
receipt of authorization to proceed.
We appreciate your consideration of our firm to complete this work for Eagle County and look
forward to assisting you in this matter.
Sincerely,
Spronk Water Engineers, Inc.
;
Dale E. Book, P.E.
Encl
SIGNATURE OF ACCEPTANCE AND AUTHORIZATION TO PROCEED
Signature for: Eagle County
Date
Printed Name and Title
R
FEE SCHEDULE
SPRONK WATER ENGINEERS, INC.
Classification Rate ($/Hr.)
Principal Engineer 147
Senior Engineer I 133
Senior Hydrogeologist 129
Senior Engineer H 102
Project Engineer 97
Staff Hydrogeologist 85
Assistant Watershed Scientist 70
Assistant Engineer 65
Technician 40
Clerical 35
In addition to the above rate schedule, other costs will be charged as follows:
Vehicle Travel $ .50 /mile
Copies & Facsimile $ .15 /page
Out -of -town living expenses, prints, photos and reproductions, special supplies and equipment,
laboratory work, permit fees, and long distance telephone charges will be billed at cost.
Effective through December 31, 2011
10 STANTEC RATE TABLE
stantec ENVIRONMENTAL PRACTICE AREA
Project Expenses
This chame will be 8% of fees invoiced and will include,
Internal incidental printing- related expenses including all output from printers, prints, photocopies, plots, film, vellum, plastic
covers, spines, dividers, and map pockets.
Communications expenses including faxes, office and mobile phones, calling card expenses, pagers, and other wireless
communications.
Office related expenses including postage, courier, supplies and equipment expenses.
Computer maintenance expenses and supplies, and use of common software such as AutoCad, Word, Excel and PowerPoint.
Local mileage charges incurred by staff in carrying out projects.
Maintenance of archives, both electronic and hardcopy, including space and handling.
Sub Consultants and Disbursements
At cost + 15%
Sub Consultants' invoices for supplies and services.
Printing, plotting and production of final reports, drawings, specifications, tender documents and other like items for delivery or
use by others external to Stantec including clients and /or their agents, approval agencies, government authorities and others as
may be required within the Client Agreement, supported by separate invoices from external /outsourced printing services.
Out -of -town charges incurred by staff for meals, travel and /or accommodation in connection with a project.
eiem2011 rt3
— Initials
2011 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
