HomeMy WebLinkAboutC02-326 Peter Berghc 0C�--32-6-q-7 AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES FOR SITE AND LANDSCAPE DESIGN FOR RECREATION FACILITIES, BERRY CREEK 5" SITE This Agreement Regarding Provision of Professional Services for site and landscape architectural services for Tract C, Berry Creek 5" Filing, Edwards, CO. ("Agreement") dated as of December I C 2002, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County"), and Peter Bergh ("Landscape Architect"). A. The County wants to develop recreational facilities for the Berry Creek/Miller Ranch parcel in Edwards, Colorado. B. Peter Bergh has submitted to County a proposal for performing the Services (defined below), such proposal attached hereto as Exhibit "A" and incorporated herein by reference, and represented that it has the expertise and personnel necessary to properly and timely perform the Services. To the extent that any provision in this Agreement conflicts with a term or condition of the proposal, this Agreement shall control. C. The Landscape architect and County intend by this Agreement to set forth the Scope of the responsibilities of the Landscape architect in connection with the Work and related terms and conditions to govern the relationship between the Landscape architect 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 Landscape architect's Work consists of those services performed by the Landscape architect, Landscape architect's Employees and Landscape architect's consultants. The Landscape architect shall provide all labor, materials and equipment necessary to perform and complete the work described in Exhibit A and as follows ("Work"): The Landscape architect shall prepare documents as further described in the Landscape architect's proposal attached as Exhibit A to the agreement. Nothing herein is intended to or constitutes a representation by County that it will construct the proposed improvements or that it will do so at a particular time. The Parties hereto recognize that the scope of the Work may change. When the Landscape architect believes that the scope of the Work has been changed or that by reason of a decision of County it will be required to redo properly completed Work, the Landscape architect shall immediately advise County of such belief and shall also provide a statement of the maximum additional charges for such work. The Landscape architect shall not be entitled to be paid for any such additional work unless and until County agrees in writing that the scope of the Work has changed and accepts the statement of the maximum additional charges. recreation design contract- pbergh.doc Landscape architect 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 Landscape architect to do so will not relieve him from responsibility for successfully performing the Services without additional expense to the County. 2. Landscape architect's Professional Level of Care: The Landscape architect 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 Landscape architect's work shall not relieve the Landscape architect of any of its responsibilities. The Landscape architect and its professional consultants shall perform the Work in a skillful, professional and competent manner and in accordance with the highest standards of care, skill and diligence applicable to landscape architects, structural, electrical and mechanical landscape architects, as the case may be, with respect to similar work. 3. Time of Performance and Termination: a) The Landscape architect shall commence the Work five (5) business days after the completion date of this Agreement. The Landscape architect shall complete the Work according to schedules determined by the Board of County Commissioners and during the year of 2003, provided that completion dates for any one or more of the tasks identified in the 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 Landscape architect. 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 Landscape architect complete particular portions of the Work on a time and reimbursable expenses basis consistent with paragraph 4 hereof. Upon termination the Landscape architect shall deliver to County all drawings, illustrations, text, data and other documents entirely or partially completed, together with all material supplied to Landscape architect by County. Payment will be due within thirty (30) days after Landscape architect 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 Landscape architect for any Work done after December 31, 2002, 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 etseq.). 4. Compensation and Payment: In consideration of its performance of the Work, the Landscape recreation design contract- pbergh.doc ,*WV `mod architect shall be paid for professional time and reimbursable expenses actually and directly spent on or incurred in performing the Work, provided that the total payment for each Phase set forth in the Fee Proposal which is a part of Exhibit "A" hereto shall not exceed the amount set forth therein. The total not to exceed amount payable under this contract is $30,000.00 Payment shall be made in accordance with the following: a) The Landscape architect 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 task as described in Exhibit "A", and shall describe the Work performed, including the percentage of completion Contractor contends was accomplished during the month, and expenses incurred. Upon request, Landscape architect shall provide County with such other supporting information as County may request. b) One Hundred percent (100%) of the professional fees and reimbursable expenses shall be due and payable within thirty (30) days after submittal by Landscape architect 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 Landscape architect and his sub -consultants in connection with the Work. Reimbursable costs shall not include travel, telephone, postal, or air freight charges. Reimbursable costs will include 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 Landscape architect 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. The parties recognize that County is a governmental entity and that all financial obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 5. Project Management: Peter Bergh shall be designated as Landscape architect's Project Manager for the Work. Eagle County Director of Facilities Management 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 with copies of all correspondence delivered to the Client Representative. 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. Landscape architect shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of Landscape architect shall be, or 3 recreation design contract- pbergh.doc \"No/ shall be deemed to be, the employee, agent or servant of County, The Landscape architect shall be solely and entirely responsible for its acts and for the acts of Landscape architect's agents, employees, servants and subcontractors during the performance of this Agreement. 7. Personnel: The Landscape architect understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of Peter Bergh. 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 plans to be provided by Contractor shall be completely reviewed by Peter Bergh. In the event that Landscape architect and the identified subcontractor are unable to remain involved in the Work, Contractor shall immediately notify County and County shall have the option to terminate this Agreement. 8. Ownership of Documents: All documents (including electronic files) which are obtained during or prepared, partially or wholly, in the performance of the Services are instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall be delivered to County upon completion of the Work or termination of this Agreement, and, in any event, before final payment of moneys due to Peter Bergh and shall at all times be deemed the property of the County, whether or not the Work under this Agreement is completed. 9. No Assignment: 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 Eric Williams. Therefore, neither Landscape architect 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. to. 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 c) All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. The Landscape architect shall deliver certificates of required insurance to the County within f fteen (15) calendar days of execution of this Agreement by the Board. recreation design contract- pbergh.doc d) Before permitting any subcontractor to perform any work under this Agreement, Landscape architect shall either (1) require each of his subcontractor to procure and maintain, during the life of his subcontracts, insurance which meets the requirements for the Contractor herein, or (2) provide for insurance of the subcontractor in Contractor's own policies in the amounts required herein above. 11. Indemnification: Landscape architect shall indemnify the County, 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 acts or omissions of, or representations by, the Landscape architect in the performance 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 Landscape architect. 12. 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) Landscape architect: b) County: Peter Bergh P.O. Box 1727 Edwards, CO 81632 Tel 970 926 5146 Fax 970 926 5451 Director of Facilities Management PO Box 850 Eagle, CO 81631 Tel 970 328 8880 Fax 970 328 8899 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. 13. Miscellaneous: a) The Landscape architect 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 landscape architect shall require all consultants to agree to the provisions of this subparagraph. 5 recreation design contract- pbergh.doc *MW *M01 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. c) 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. Clerk to the Board'of County Commissioners (acknowledgment required) recreation design contract- pbergh.doc COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARTD,OF COUNTY COMMISSIONERS Rw IAA, PETE] By: By: 10/02/2002 05:52 9709265451 BERGHRUSSELL PAGE 01 \qd Peter Bergh P.0.&UIM Edwavft Co 81839 September 30, 2002 Jack Ingsta d P.D. Box 850 Eagle,, CO $1631 : Proposal for consulting and design work .Dear Jam, Tom Stone naked me to get the following intore don to you in regard to my being asked to provide consulting and design services to the County for developnmenu in the Adler Ranch/ 5 h Filing project in Edwards. Enclosed is my updates biography. MY backg�rouncl S9 a landscape architect with over 40 years experience coupled with my 3S yam experiences owtung and opting family fitoess centers in Ver=nt with multiple locations and over 9,000 members, and my experience with community service and land Untats make& me uniquely quaiiftied to provide design work and consulting servioes to the Commissioners as the design of the valley floor in Edwards progr+easea. I propose to oi'fer services in the following areas: 1) CMC Cmnpus Plan; work with the County and College to ensure that the campus plan is one we can all be proud of and not just a hodgepodge of buildings in a sea of asphalt, a plan that ofem logical future growth dovetailing nicely with adjacent land uses. 2) The motion Parcel; consult with the County to ensure the highest Ievel of design and land use planning for this parcel as a whole. Advise on the choice of architect and help draft a building program based on my years of experience in the field of Community Centers and what I think will be the best investment for the County to rake in terms of facilities. The fie; consult with the County on tit® sib location, design and utility of this very desirable and important fe$ture of the project. 4) The Open Spada Parcel; consult with the County and prepam a preliminary design for Chia important piece of land. Emphasise being on preserving it in its natural state in perpetuity, while allowing reasonable access by the public. Basic concept to have limited off-street parking, toilet Mlities, a picnic shelter and tables, simple trail system and a method of regulating fishing so that this ouch of the river is not over -fished and the 10/02/2002 05:52 9709265451 BERGHRUSSELL PAGE 02 -2- river banks broken down from over use as can be seen on other stretches of the Eagle River. My consulting/design fee, is $125/hour. The tote! cost of my services would of course depend on the went to which the Commissioners choose to utilize my services. However, if you would budget up to 200 hours of my time ($25,000), I think that amount would be adequate to cover my services. Please discuss this proposal with the Commissioners and let me know how you wish to proceed. PBIw Enc. 10/02/2002 05:52 9709265451 BERGHRUSSELL �.d PAGE 03 September 30. 2002 PETER BERGH ASSOCIATES Landscape Architects P.O. Box 1727 Edwards, CO 81632 970-926-5146 970-926-5451 FAX 970-376-5927 cell Db@-rgb@yffl.net email PETER BERGH Syracuse University, BS in Landscape Architecture 1960 New Jersey State Highway Department Landscape Group; designed p1maing plans for interstate Highway System in the State 1961 - 1962 Harvard Graduate School of Design, Masters in Landscape Architecture 1964 Office of Arne Levine, Copenhagen, Denmark; worked on local and regional landscape architecture and planting projects in Denmark 1964-1966 Office of Dan ]Kiley, Charlotte, Vermont; worked on design of ski areas, college campuses, city and regional parks and estates around the country 1966-1972 Peter Bergh Associates, Charlotte, Vermont; private practice of landscape architecture specializing in ski area design, town planning, resort design, subdivision development, residences and estates 1972-1998. Peter Bergh associates, Edwards, Colorado, private practice of landscape architecture, residence design, parks and playgrounds, working with land trusts to conserve critical open space in the Eagle River Valley, activist for wise land -use planning and smart growth 1999-present. CO Y ACTIVITIES: Chairman, Charlotte (Vermont) Planning Commission 1967-1978 Member and Chairman, Charlotte School Board 1979.1988 Member and Vice-chairman, Charlotte Board of Selectmen 1989-1992 Member and President, The Baird Center for Children and Families, South Burlington, Vermont 1979-1985 Founder and President, The Charlotte Land Trust 1982-1992 Member and president, Betty Creek Metro District, Edwards, Colorado 1999-present Member of the Eagle Vall ey Land Trust Board of Directors 2000-present ... D1"Ti;----_a13 U TI O N Originals to• 1. tract Book __ 3 C, 4. i Cap;as to.• I. Accour,ltng