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Home My WebLink AboutC97-157 Johnson Kunkel & AssociatesC'9715 7 4 7 AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES FOR 1041 PERMIT APPLICATION AND WATER LINE DESIGN This two-phase Agreement Regarding Provision of Professional Services for 1041 Permit Application And Water Line Design ("Agreement") dated as of June 4_, 1997, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County"), and Johnson, Kunkel & Associates, a corporation ("Engineer"). A. County proposes to construct an animal shelter on certain property west of the Eagle County Fairgrounds, and as a part of that project to extend an existing water line in order to provide water service to such a facility. The extension of the water line will require a 1041 permit under Eagle County Land Use Regulations. The County wants to complete the permit process, and construct the water service and animal shelter before year's end. B. Engineer are registered engineers authorized to act as such in the State of Colorado, and are experienced with the Eagle County Land Use Regulations 1041 permit process as that is applicable to water services, and they have familiarized themselves adequately with the scope of the Work, as defined herein. C. The Engineer has submitted to County a Proposal for performing the Work and represented that it has the expertise and personnel necessary to properly and timely perform the Work. D. The Engineer and County intend by this Agreement to set forth the Scope of the responsibilities of the Engineer in connection with the Work and related terms and conditions to govern the relationship between the Engineer and County in connection with the Work. AGREEMENT Therefore, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: Scope of the Work: The Engineers Work consists of those services performed by the Engineer, Engineer's employees and Engineer's consultants. The Engineer shall provide all labor, materials and equipment necessary to perform and complete the work described herein and in the "Proposal and Letter Agreement" (including the Client Rate Schedule but excluding the General Provisions that were attached thereto) by Engineer dated May 28, 1997 (hereafter, "Proposal"), a true copy of which is attached hereto and incorporated herein by this reference ("Work"). As a part of the Work, and immediately upon completion of all other Work or other termination of this Agreement, Engineer shall deliver to County all reports, plans, specifications and drawings prepared in the course of its performance of this Agreement. County shall provide all criteria and full information as to its requirements for the project, examine and respond promptly to Engineer's submissions, and give prompt written notice to Engineer whenever County observes or otherwise becomes aware of any defect in the Work. 2. Engineer's Professional Level of Care: The Engineer shall be responsible for the completeness and accuracy of the Work, including all supporting data and other documents prepared or compiled in performance of the Work, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Engineer's work shall not relieve the Engineer of any of its responsibilities. The Engineer and its professional consultants shall perform the Work in a skillful, professional and competent manner and in accordance with the standards of care, skill and diligence applicable to Engineers, or to the profession of Engineer's consultants, as the case may be, with respect to similar work. 3. Time of Performance and Termination: a) The Engineer shall commence the Work within five (5) business days after the date of this Agreement. The Engineer shall complete the Work in conformity with the completion dates set forth in Exhibit "A" attached hereto and incorporated herein by this reference, provided that completion dates for any one or more of the tasks identified in the Proposed Schedule may be extended by the County at its sole discretion. b) County may terminate this Agreement, in whole or in part, for its convenience upon providing notice to the Engineer. Upon such a termination, County shall be liable only for Work satisfactorily completed prior to the notice and for unavoidable expenses directly incurred for performance of those parts of the Work which have not been satisfactorily completed, provided that, at its sole option, County may require that the Engineer complete particular portions of the Work on a time and reimbursable expenses basis consistent with paragraph 4 hereof. Upon termination the Engineer shall deliver to County all drawings, illustrations, text, data and other documents entirely or partially completed, together with all material supplied to Engineer by County. Payment will be due within thirty (30) days after Engineer has delivered the last of the partially completed documents, together with any records that may be required to determine the amount due. c) Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to Engineer for any Work done after December 31, 1997, without the written approval of the County in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statues and the Local Government Budget Law (C.R.S §29-1-101 et seq.). 4. Compensation and Payment: In consideration of its performance of the Work, the Engineer shall be paid for professional time and reimbursable costs actually and directly spent on or incurred in performing the Work, provided that the total payment for the Work shall not exceed the amount set forth in the Proposal. Payment shall be made in accordance with the following: 2 a) The Engineer shall submit to County monthly invoices of the progress made and expenses incurred during the previous calendar month. Such invoices shall segregate the charges for work done by the two tasks described in the Proposal, and shall describe the Work performed, including the percentage of completion Engineer contends was accomplished during the month, and reimbursable costs incurred. Upon request, Engineer shall provide County with such other supporting information as County may request. b) One Hundred percent (100%) of the professional fees and reimbursable costs shall be due and payable within thirty (30) days after submittal by Engineer together with submission of any required clarification and documentation. Interest at the rate of 1.5% per month (18% per annum) shall apply to overdue amounts. c) For the purposes of this Agreement, the term "reimbursable costs° shall include only actual out-of-pocket expenses incurred by Engineer and his consultants in connection with the Work. Reimbursable costs shall not include travel, telephone, postal, or air freight charges. Reimbursable costs will include the costs of consultants as provided for herein (including hourly fees and reimburseable costs as defined herein) blueprint/plan printing (sufficient copies as directed by County for bid package preparation and distribution, County use, building inspection use, and the General Contractors use), fax and photo -reproduction costs. d) The Engineer 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. 5. Protect Management: -David L. Despeaux shall be designated as Engineer's Project Manager for the Work. Mike Bradley, Manager of Buildings & Grounds, Eagle County, shall be County's 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. 6. Independent Contractor. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Engineer shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of Engineer shall be, or shall be deemed to be, the employee, agent or servant of County, The Engineer shall be solely and entirely responsible for its acts and for the acts of Engineer's agents, employees, servants and subcontractors during the performance of this Agreement. 7. Ownership of Documents: Whether or not the project is completed, all the plans, specifications and reports prepared under this Agreement shall become property of County upon payment in full of all moneys due to Engineer, who shall retain no property interest therein. County agrees that any reuse for some other project without written 3 consent of Engineer will be at County's sole risk, and, to the fullest extent permitted by law; to indemnify and hold Engineer harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) arising or allegedly arising out of any reuse of the documents by County without the written authorization of Engineer. 8. No Subcontracting_or Assignment: The parties understand that some of the Work will be done by Engineer's consultants; Engineer's engaging any such consultant, and the terms of such engagement, is subject to the prior written consent of County. The Engineer understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of David L. Despeaux. This Agreement is conditioned upon the continuing direct personal involvement of these persons in the Work. Contractor may not subcontract or delegate any part of the Work or substitute subcontractors without County's written consent, which consent County may exercise in its sole discretion. The final work to be provided by any of Engineer's consultants shall be completely reviewed by David L. Despeaux. In the event that David L. Despeaux or an approved consultant are unable to remain involved in the Work, Contractor shall immediately notify County and County shall have the option to terminate this Agreement. The parties to the Agreement recognize that the services to be provided pursuant to this Agreement are professional in nature and that in entering into the Agreement County is relying upon the personal services and reputation of Engineer, and specifically of David L. Despeaux, and of the approved consultants. Therefore, neither Engineer nor its subcontractors may assign its interest in the Agreement or in their 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. 11. Insurance: At all times during the term of this Agreement, Contractor shall maintain the following insurance: a) Type of Insurance Coverage Limits b) Professional Liability $1,000,000 minimum c) Workers' Compensation As required by Colorado law d) All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. The Engineer shall deliver certificates of required insurance to the County within fifteen (15) calendar days of execution of this Agreement by the Board. e) Before permitting any consultant to perform any Work pursuant to this Agreement, Engineer shall either (1) require each of his consultants to procure and maintain, during the life of his subcontracts, insurance which meets the requirements for the 4 Engineer herein, or (2) provide for insurance of the consultant in Engineer's own policies in the amounts required hereinabove. 12. Indemnification: Within the limits allowed by law, each party hereto shall indemnify the other party for, and hold and defend the other party 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 acts or omissions, or representations by, the indemnifying party. This indemnification shall not apply to claims by third parties against the indemnified party to the extent that the indemnified party is liable to such third party for such claim without regard to the involvement of the indemnifying party. The Engineer acknowledges that County is relying on, and 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 of 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. 13. Notices: Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, FAX or mail to the appropriate party at the following addresses: a) Engineer: David L. Despeaux, Project Manager Johnson, Kunkel & Associates, Inc. (Mail:) P.O. Box 409 (Delivery:) 113 East 4th Street Eagle, CO 81631 Tel 970 328-6368 Fax 970 328-1035 b) County: Mike Bradley Manager, Building & Grounds, Eagle County PO Box 850 Eagle, CO 81631 Tel 970 328 8700 Fax 970 328 7720 c) Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. 14. Miscellaneous: a) The Engineer 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. The Engineer shall require all consultants to agree to the provisions of this subparagraph. 5 b) 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 or, deletion from or addition to the scope of the Work, except by a written document of equal formality executed by both parties hereto. c) 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. d) 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. 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 y wp 7� ATTE T: C" Itp.,00 r By: Clerk to the B and ofohnnette Phillips, Chairman County Commissioners JOHNSON, KUNKEL & ASSOCIATES, INC., a corporation By: ' Print Name: C; vV;d De Title: !.9 w Johnson, Kunkel & Associates, Inc. CIVIL ENGINEERING • LAND PLANNING • SURVEYING • MAPPING May 28, 1997 Eagle County Buildings and Grounds Department P.O. Box 850 Eagle County Building 500 Broadway Eagle, Colorado 81631 Attention: Mike Bradley Re: Proposal and Letter Agreement, Job No. 97213 1041 Permit Application and Water Line Design Dear Mike: Johnson, Kunkel and Associates Inc. is pleased to submit a proposal to render professional civil engineering services to Eagle County. Our proposed Scope of work for our understanding of the project is detailed as follows. Prepare a 1041 Permit Application, and Coordinate the Services of Other, Contributing Consultants ($7,500) • Respond to all Application questions. Compile the complete document, including all related reports and information. • Determine which services from other consultants will be required, and coordinate the work and schedules of those consultants. A Wildlife Impact Report is an example of a separately contracted study that will be required. • The first phase of this project will include securing proposals from necessary consultants. This will allow the County to quickly evaluate budget needs. It will also facilitate early completion of the consultant's reports, which will expedite completion of the 1041 Permit Application. Complete a Route Survey and Design Drawings for Extension of the Water Line ($13,200) • Conceptually investigate two possible water extension alignments. This includes a horizontal design schematic and an approximate cost analysis for Page I of 3 P.O. Box 409 • 113 East 4th Street • Eagle. Colorado 81631 • Phone (970) 328-6368 • Fax: (970) 328-1035 P.O. Box 771196 • 200 Lincoln Ave. • Suite 210 • Steamboat Sprigs, CO 80477 • Phone: (970) 879-4676 • Fax: (970) 879-4870 each scenario. The County can use this information to determine which design alternative is preferable. • Perform a route survey for the entire length of the preferred water line alignment. This survey includes as -built mapping of existing utilities and topographic mapping of existing terrain. The existing County -owned aerial mapping is less accurate than a ground survey, is not fully up to date, and does not show existing underground utilities. A route survey will greatly increase the optimization and accuracy of the water line design - this should lower construction costs by reducing the magnitude of field - encountered problems. (Approximately $6,000 of the $13,200 fee for design services.) • Design and detail the preferred water line extension alternative. • Analyze flow capacity of the water line as a part of the Town of Eagle water supply system - to determine necessary pipe size. This includes field calibration of the water analysis computer model by measuring system pressures at fire hydrants near the tie-in location for the water line extension. This does not include labor to measure these pressures; however, Johnson, Kunkel & Associates expects that the Town of Eagle Fire Department will perform this service free of charge or for a nominal fee. The fee charged shall be based on actual time spent according to the current rate schedule, attached. Reimbursable expenses incurred in connection with all basic, and additional services will be charged on the basis of actual cost. The total fee for basic engineering services will not exceed $20,700.00. The fees listed in the detailed work description above represent an approximate allocation of the total fee, but may be modified as the project progresses. The total fee will not be increased without prior authorization and justification. If work is canceled after the contract is signed, it will be agreed that payment will be made for all services performed before the cancellation date. The additional expenses associated with reproduction of the 1041 Permit Application will be billed on a cost basis. We will bill you monthly for services and Reimbursable Expenses. The above financial arrangements are on the basis of prompt payment of our bills and the orderly and continuous progress of the Project. You are expected to furnish us with full information as to your requirements including any special or extraordinary consideration for the project or special services needed, and to provide all pertinent existing data. Services are to be rendered according to standard accepted engineering practice which in addition to our general understanding are set forth in the printed General Provisions which are attached to and made a part of this proposal. Your particular responsibilities are also set forth in the General Provisions. Page 2 of 3 J This proposal and letter agreement, and the General Provisions represent the entire understanding between you and us in respect of the Project and may only be modified in writing signed by both of us. Sincerely, Johnson, Kunkel & Associates, Inc. David L. Despeaux, Project Manager Accepted and Approved By: Date Page 3 of 3 Position 0 JOHNSON, KUNKEL & ASSOCIATES, INC. CLIENT RATE SCHEDULE EFFECTIVE MAY 16, 1996 (GPS Rate Revised 8-16-96) _ Rate Per Hour Principal ............................... $95.00 Registered Professional Engineer ................ $75.00 Project Manager .......................... $75.00 Design Engineer .......................... $70.00 Field Engineer ........................... $58.00 Registered Professional Land Surveyor ............ $70.00 Junior Engineer / Engineer Technician ............. $60.00 Senior Planner ...... $75.00 Cad Technician ........................... $48.00 Survey Technician ......................... $48.00 Field Supervisor .......................... $63.00 2 -Man Field Crew ......................... $85.00 3 -Man Field Crew ........ :................ $105.00 Clerical ............................... $37.00 CAD System ............................ $15.00 Total Station ............................ $12.00 GPS Total Station $500.00/day The above rates are charged for travel time as applicable (i.e. 2 -man crew travel is -charged at $85.00 per hour), no mileage is charged. 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