HomeMy WebLinkAboutC12-294 CTL Thompson Inc AGREEMENT
FOR GEOTECHNICAL AND ENGINEERING SERVICES FOR THE
GYPSUM TO DOTSERO TRAIL PHASE II PROJECT
BETWEEN
EAGLE COUNTY, COLORADO
AND CTL THOMPSON, INC.
This Agreement ( "Agreement ") is for geotechnical and engineering d sig s ry cees�f for the
Avon to Gypsum to Dotsero Trail Phase II Project, and is effective as of MA N61 UV
2012 between Eagle County, Colorado a body corporate and politic (" County") and CTL
Thompson, Inc., a Colorado corporation ( "Consultant ").
AGREEMENT
In consideration of the following promises County and Consultant agree as follows:
Article I Scope of the Work:
Section 1.01 The Work to be performed under this Agreement consists of geotechnical and
engineering services for the Gypsum to Dotsero Trail Phase II Project and is more fully described
in the attached Exhibit A (hereinafter referred to as "Work ", "Scope of Work" or "Services ").
Article II 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,
with respect to similar work. The Consultant shall complete all Work noted in Exhibit A.
Consultant shall ensure that all of its employees and sub - consultants working on the Gypsum to
Dotsero Trail Phase II Project are properly licensed during the performance of the Work.
Article III Time and Performance and Termination:
Section 3.01 Consultant shall commence the Work within one (1) business day after the date of
this Agreement. The Scope of Work shall be completed by December 31, 2012, unless modified
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 Not withstanding anything to the contrary in Exhibit A or Addendum #1, the total
fee and expenses for the Work shall not exceed $19,202.00 as provided in Consultant Scope of
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Work, which is attached hereto and incorporated herein as Exhibit A 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 satisfactorily
performed.
b. The professional fees and reimbursable expenses shall be due and payable within thirty
(30) days after submittal by Consultant of an invoice 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 no other photo -
reproduction costs. Out -of- pocket expenses shall not include any salary, bonuses or
compensation to Consultant's personnel.
d. Hourly rates shall be as provided in Consultant's Fee Schedule as set forth in Exhibit B.
Fractional hours will be billed at the nearest one - quarter hour.
e. The parties hereto recognize that the Scope of Work may change. When Consultant
believes that the Scope of 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 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:
5.01 John Mechling, P.E., shall be designated as Consultant's Project Manager. Ellie Caryl, ECO
Trails Program Manager, Eagle County Government, shall be County's Project Manager and
responsible for administration of this Agreement and the County' s interests in the trail project.
Either party may designate a different Project Manager by notice in writing.
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Section 5.02 Consultant acknowledges that the development and processing of the Work may
require close coordination between various consultants. Consultant shall coordinate the Work
required hereunder with other consultants that are identified by County to Consultant from time to
time, and Consultant shall immediately notify such other consultants, in writing, of any changes or
revisions to Consultant's work product that might affect the work of the other consultants
providing services to County and concurrently provide County with a copy of such notification.
Consultant shall not knowingly cause other consultants extra work without obtaining prior written
approval from County. If such prior approval is not obtained, Consultant shall be subject to any
offset for the cost of such extra work.
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 John Mechling, P.E. This Agreement is conditioned
upon the continuing direct personal involvement of John Mechling, P.E. 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 John Mechling, P.E.and in the event he is
unable to remain involved in the Work, Consultant shall immediately notify County and County
shall have the option to terminate this Agreement.
Section 7.02 Consultant shall not enter into any sub - consultant agreements for the performance of
the Work without County's prior written consent, which consent may be withheld in County's sole
discretion. County shall have the right in its reasonable discretion to approve all personnel
assigned to the Gypsum to Dotsero Trail Phase II Project. Consultant shall require each sub -
consultant, as approved by County and to the extent of Work performed by the sub - consultant, to
be bound to Consultant by the terms of the Agreement and to assume toward Consultant all of the
obligations and responsibilities which Consultant, by this Agreement assumes toward County.
Consultant shall be responsible for the performance of and completeness and accuracy of the
Work performed by sub - consultants and shall correct, at its sole expense, all significant errors and
omissions therein. Consultant shall be responsible for compensating sub - consultants for any Work
performed by sub - consultants. County shall only be responsible for compensation to Consultant
as set forth herein.
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
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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 express 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 and Indemnification:
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.
a. 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.
b. 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's
with a waiver of subrogation on their behalf.
c. 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's as respects this
Agreement, with a waiver of subrogation in favor of such additional insured's.
d. 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.
e. Sub - consultants: The Consultant shall furnish separate certificates for each
Sub - consultant in the amounts and types set forth herein.
f. 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.
g. Consultant shall maintain the foregoing coverage in effect until the Work is
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completed. In addition, to the extent commercially available at reasonable rates, all
such policies shall be kept in force by Consultant until the applicable statute of
limitations has expired.
h. All policies must contain an endorsement affording an unqualified thirty (30) days'
notice of cancellation to County.
i. All policies must be written by insurance companies whose rating in the most
recent Best's rating guide is not less than A- (VII).
Section 9.02 The Consultant shall indemnify and hold harmless County and any of its officers,
agents and employees against any losses, claims, damages or liabilities 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 any of its subcontractors hereunder; and
Consultant shall reimburse County for any and all attorney fees and costs, legal and other
expenses incurred by County in connection with investigating or defending any such loss, claim,
damage, liability or action. This indemnification shall not apply to claims by third parties against
the County to the extent that the County is solely liable to such third party for such claims without
regard to the involvement of the Contractor.
Article X Confidentiality:
Section 10.01 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 unless required by law or court order to
be disclosed. 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 Assignment/Third Party Beneficiary:
Section 11.01 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 John Mechling, P.E.
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. The parties agree that County
may assign this Agreement and in such event County shall have no responsibility hereunder so
long as assignee assumes County's rights and obligations under this Agreement.
Section 11.02 This Agreement shall be binding on and inure to the benefit of the parties hereto,
and their respective successors and assigns.
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Article XII Conflicts of Interest:
Section 12.01 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 XIII Notices:
Section 13.01 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:
John Mechling, P.E.
CTL Thompson, Inc.
243 Center Drive
Glenwood Springs, CO 81601
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 XIV Miscellaneous:
Section 14.01 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 14.02 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
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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 14.03 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 14.04 Unless otherwise set forth herein, 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 14.05 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 14.06 Notwithstanding anything to the contrary herein County does not waive the monetary
limitations or any other rights, immunities or protections provided by the Colorado Governmental
Immunity Act, C.R.S. 24 -10 -101 et.seq.
Section 14.07 In the event of any conflict between this Agreement and any exhibits or attachments
hereto, this Agreement shall control.
Section 14.08 The words sub - contractor and sub - consultant are used interchangeably in this
Agreement.
Section 14.09 Consultant shall pay all taxes imposed by any federal, state or local taxing authority on
all payrolls and compensation of its employees and subcontractors and any other taxes, fees and
charges levied against Consultant on account of this Agreement.
Section 14.10 Provision Mandated by House Bill 1343: Prohibitions on Public Contract 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:
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(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 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.
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Article XV General Conditions:
Section 15.01 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 Services.
Section 15.02 Consultant shall be responsible for having taken steps reasonably necessary to
ascertain the nature and location of the Services, and the general and local conditions which can
affect the Services or the cost thereof. Any failure by Consultant to do so will not relieve him
from responsibility for successfully performing the Services 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 15.03 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 15.04 Consultant shall supervise and direct the Services, using Consultant's professional
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 Services.
Section 15.05 No charge shall be made by Consultant for hindrances or delays from any cause
whatever during the progress of any portion of the Services, 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 15.06 The performance of the Services 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 Services 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 Services (including the protection of County's
property). Among other things, Consultant shall, except as otherwise directed or approved by
County:
a) stop the Services 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 Services as is not terminated;
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c) terminate all orders and subcontracts to the extent that they relate to the performance of
Services 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO
By: �
- '•0 ontag, County Manager
CONSULTANT:
CTL Thompson, Inc.
By:
tle: NM1tcrs."3U•
STATE OF COLORADO }
((�� ss:
County of CTCt ( 1 Ock }
The foregoing was acknowledged before me this al" day of PSC)USN , 2012
by -01tr1 rnPci1l't ►nt of C-1 - I tetcor '►, S►^ C�
R P ',
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My commission expires: 10 l X41 �` ?� • N d .r � ublic Seal
' : CHERRY L. t
Q—C(2LLA-A? : DOWNING
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EXHIBIT A
SCOPE OF WORK
The project area is located approximately three miles west of Gypsum, Colorado on the south side
of Highway 6 between the highway guardrail and the Eagle River.
The approximate length of the work area is 1,200 feet. The location is shown on the attached
maps. The work will generally start at Station 57 +25 and end at Station 69 +25. The trail asphalt
standard width will be reduced from the 10 feet wide to 8 to 9 feet wide, depending on amount of
available room and goal to minimize site disturbance as much as possible. A one foot gravel
shoulder on each side is typical but can be reduced if necessary. Wall design shall include all
wall components as well trail subgrade, base and asphalt cross section and railing details. ECO
Trails design specifications details are provided in attached materials.
CDOT staff has reviewed the site and preliminarily stated that existing guardrail on site should
remain in same location and not be moved due to the lack of road shoulder in that area. Riprap of
the Eagle River channel immediately adjacent to the site may be necessary by CDOT in the next
five years to protect Highway 6 (and subsequent trail). Discussion of that item may be included
in CDOT's review of the wall plan submittal but will not be performed as part of the ECO Trails
project. CDOT is the owner of the property where the wall will be located and will be the review
and permitting agency.
Utilities are not located within the work area with exception of a 25 -pair overhead phone line on
poles that may be subject to burial with the trail project. CenturyLink is facility owner, has been
contacted and will be cooperating fully. The wall design will need to consider inclusion of a 2" to
4" conduit in the wall cross - section or perimeter, with exact location to be determined by
Consultant and CenturyLink.
The remainder of the Gypsum to Dotsero Phase II trail project will constructed by Eagle County
Road and Bridge in late September through November 2012. The wall design and elevations by
Consultant will determine tie -in scope of work by Road and Bridge.
Final schedule of wall bidding, construction and tie -in work to be determined. Target for 30%
plan submittal to CDOT is early October, 2012.
A goal of the project is to minimize the scope and the cost of the wall overall. All wall types are
open to consideration. Rail type will likely be wood pole and wire style due to cost and character
of area. It is preferred that heights and disturbance of the narrows area be as minimal as possible.
Use of this trail section will be primarily recreational and seasonal. Maintenance vehicles (e.g. 1 /2
ton truck or Bobcat Toolcat) will access the trail periodically. Constructability must also be
considered.
Proposers are expected to fully familiarize themselves with the site conditions prior to the
submittal of a proposal. A pre - proposal meeting is not planned at this time. The site is easily
accessed and open for Consultant inspection.
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The project work shall include the following services:
1. Geotechnical: All testing, studies and analysis necessary to determine wall design parameters.
The consultant shall be responsible for obtaining the required CDOT Special Use Permit for the
geotechnical testing in CDOT right of way and all ancillary services (e.g. locates, traffic control.
etc.).
2. Structural Engineering: Consultant will prepare retaining wall plans per CDOT specifications
and the level of detail necessary to fully construct the wall.
3. Civil Engineering: Consultant shall determine the extent of surveying and civil services
necessary to produce the retaining wall and trail plan set and provide or procure those services as
part of the work.
Eagle County Engineering has prepared conceptual site plans using GIS topographic information.
Some points of information have been field surveyed such as guardrail location and wetlands
boundaries. All County GIS information will be available to selected consultant. GIS
topographic information is to be field verified by consultant.
4. In addition to above services, the work shall also include:
• One to two meetings with Project Owner, and one meeting with CDOT, up to 3 hours total.
• Quantity and cost estimate for construction bidding
• Revisions to plan set as directed by Eagle County and CDOT, prior to bidding
• Preparation of Addendums as necessary during bidding process
• Review of bids
Field inspection services may be required during construction of the wall but are not part of this
current
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ADDENDUM #1
Section 1. Submittal Deadline Extended
1. THE DEADLINE FOR PROPOSAL SUBMITTAL IS REVISED TO 12:00 NOON,
WEDNESDAY, AUGUST 8, to be submitted to same location as stated in the RFP.
Section 2. Questions received on the RFP and Responses:
1. The survey provided, is that available to the consultants and when was it completed and
who performed it?
The survey was prepared by Kelly Miller, PLS, of Eagle County Engineering Department. It was
completed late spring, 2012, and all data is available to the consultants, in addition to GIS data.
2. Is the consultant expected to provide additional surveying?
Yes, as needed to obtain the information necessary to design the wall.
3. What are the expected average elevations of the trail, will it be near the roadway
elevations?
The trail elevation is expected to be near the elevation of the road in order to minimize disturbance
and wall height to the greatest extent possible.
4. Are there any environmental issues the consultant will be responsible for?
The required environmental clearance reports have been completed by pertinent consultants,
including Wetlands, Threatened and Endangered Species, plants and wildlife, and
Archeological/Historical, with waiver request to CDOT for Paleontology. The primary
environmental matters in this location are considered to be: erosion control, wetlands (though the
boundary is very close to edge of cutbank, which is not where trail will be constructed), and
consideration of floodplain boundary. ECO Trails and Eagle County Engineering will handle all
processing matters related to CDOT review of environmental issues, final Special Use Permit and
Eagle County Floodplain permit. Eagle County is the Floodplain Management agency for this
area and will be involved in review and discussion. The Floodplain information is available at
their webpage at www.eaglecounty.us. The USACE has reviewed and accepted the Wetlands
Delineation report. The report indicates that this project will not interfere with or impact the
adjacent wetlands based on the conceptual alignment. The Wetlands consultant is available for
field review as needed. The wetlands have been flagged and surveyed and this data needs to
transferred into the retaining wall plan set. Exhibits for the wetlands and wetlands delineation
report are attached. Please note the location of trail in relation to guardrail is conceptual and it
may be possible to move closer to the guardrail, to be determined through the design process.
5. Is there any public relations portions that the consultant would be expected to undertake
for this project?
No, all public relations matters will be the responsibility of ECO Trails.
6. The funds approved would be to take design to 30%?
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The fund was intended to take design to 100% and ready for requests for bid. The funding line
item has been increased to $30,000. If you feel the funding allocated is inadequate to properly
perform the work, after reviewing this Addendum, please indicate the amount you feel is
necessary to perform the work described in the RFP and this Addendum.
7. The cost proposal to be included would be to take the design to 30 %?
The cost proposal is requested for 100% design. Please state what you believe to be the design
cost of the project, for all elements.
8. Has there been any updated scour analysis of the Eagle River in this area or will that be
provided?
There have been no additional analyses performed regarding the Eagle River for this project. If
you believe that is a necessary item for the scope of work, please include and clearly identify that
item in your cost proposal as a recommendation.
9. You mention that potentially armoring of the channel is not included in the scope;
however, we will need to understand potential scour issues to design the wall, who is
providing this service for armoring design?
There is no design or immediate plan to armor the channel, only brief discussion with two CDOT
maintenance staffers. CDOT may perform that work, if determined as necessary, but it is not on
their work plan in the near future. There has been no design for armoring.
10. Would any construction or work be allowed within the designated wetlands area?
No.
11. Is the consultant expected to provide any coordination between the mentioned
telecommunications company regarding relocation of the line?
ECO Trails has met with Century Link on site and can continue all coordination on that
item. This is purely an aesthetic issue and not essential to address but it is preferred to eliminate
the poles and line and Century Link does prefer to move it away from the cutbank edge.
12. You mention a rail type wall; do you have examples of similar walls of this type of
construction utilized previously that we could look at? ° f
See the photo. It is located on the Gypsum to Dotsero�
Phase I Trail, accessed from the BLM Community River � ,
Access, approximately 1.6 miles west of Gypsum. It
consists of wood pole fence 6" diameter post and rail with
4" horse wire affixed to river side. It is considered suitable
for the rustic surroundings. Ideas to improve the anchoring
system are welcome.
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13. There appears to be some potential slope instability noted towards the eastern end of the
project from noted distress in the pavements, will this wall be expected to address overall
stability of the HW 6 embankment or just the trail?
Just the trail. CDOT maintenance staff was not of the opinion that the pavement damage at that
location was due to slope instability. Information gained during soils testing for the wall may or
may not confirm that opinion, but we are not at this time intentionally stabilizing the road.
14. Will there be any future improvements to HW 6 that the consultant will need to account
for in design of the wall?
Not likely due to the lack of space. CDOT staff stated that the guardrail should stay in the same
location due to the minor shoulder width, and made the statement in response to ECO Trails
request to potentially move the guardrail closer to the shoulder line. They did indicate potential to
reduce width of guardrail posts. If Consultant has ideas that regarding the impact of the guardrail
on space available for trail, those ideas are welcome and can be presented to CDOT.
15. Considering the CDOT review process, the possibility of Corp of Engineering
coordination with the river floodplain, the possibility of needing a wetlands study to prove
that we would not be disturbing the wetlands, the need of the geotechnical subconsultants to
obtain CDOT permits to drill borings, the unknown nature of underground utilities in the
area, in addition to all design fees including subcontracting a survey and cost estimating
services, we believe that the proposed budget of $25,000 is inadequate to adequately manage
and design a project of this nature. We are very interested in this project and if ECO Trails
determines that an increase in the budget is justified, or if the scope of work can be defined
to limit the scope of services of the design team, then we would be pleased to propose on this
project.
Please see all of the previous questions and responses.
Additionally, ECO Trails and Eagle County staff is intending to coordinate the CDOT permitting,
organize meetings, interagency and utility coordination and all other administrative duties as
required, with exception of the utility permit request for the drilling which may be more efficiently
arranged by that company. Eagle County staff has many years of experience working with our
local and regional CDOT personnel and their process, and that will help with efficient processing
and time /costs savings, and reduce items Consultant might normally handle. The Consultant focus
is to gather the geotechnical and site data to enable design of the wall, prepare a wall plan set and
assist with CDOT reviews.
16. The proposal is limited to 10 pages. Am I correct that the "attachments" referenced in A
is the single page "proposal sheet "?
Yes
17. Are items B through M a part of the 10 pages? If the answer is yes, does the proposal
format need to strictly adhere to the order the information is provided?
Yes. It is preferred that the order is followed but it is acceptable if some information is merged to
convey understanding, expertise, etc. and reduce redundant responses.
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