HomeMy WebLinkAboutC02-107 Felsburg, Holt & UllevigAGREEMENT FOR PROFESSIONAL SERVICES
FOR THE ROAD CAPITAL IMPROVEMENT PLAN UPDATE, PHASE I
This Agreement for the preparation of the Capital Improvement Plan Update, Phase
I dated as of , 2002, is between Eagle County, a body corporate and
politic ("County"), and Felsburg, Holt & Ullevig ("Contractor").
WHEREAS, the purpose of this Agreement is to secure the services of Felsburg,
Holt & Ullevig for the Phase I Work required to update the Eagle County 2010 Road Capital
Improvement Plan.
For good and valuable consideration, including the conditions set forth herein, the
parties agree to the following:
1. Scope of the Work: The Work shall be comprised of the following tasks: (1)
Existing Conditions; (2) Traffic Forecast Modeling; and, (3) Analysis of 2025 Traffic
Volumes and Identification of Areas of Needed Improvements, all as described in the
Contractor's proposal attached as "Exhibit A."
2. Contractor's Performance: Contractor 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
Contractor's Work shall not relieve Contractor of any of its responsibilities. Contractor 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, as the case may be with
respect to similar work.
3. Time of Performance and Termination: Contractor shall commence the Work
within ten (10) business days after the date of this Agreement. All Work shall be completed
not later than December 31, 2002.
4. Compensation and Payment: In consideration of its performance of the
scope of work, Contractor shall be paid monthly based on time and direct expenses at cost.
The total not to exceed fee is $99,975.00. Payment shall be made in accordance with the
following:
a. Contractor shall submit to County monthly invoices of the time spent
and expenses incurred during the previous calendar month.
Agreement Page 1
b. The professional fees and reimbursable expenses shall be due and
payable within thirty (30) days after submittal by Contractor 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 Contractor in
connection with the Work, including the reasonable expenses incurred for travel to
and from Contractor's regular place of business. Reimbursable costs will include
report printing and map production but not other photo -reproduction costs.
d. Hourly rates shall be as provided in Contractor's Standard Wage Rates
as set forth in Exhibit A and incorporated herein by this reference. Fractional hours
will be billed at the nearest one -quarter hour.
e. The parties hereto recognize that the scope of the Work may change.
When Contractor 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,
Contractor shall immediately advise County of such belief and shall also provide a
statement of the maximum additional charges for such work. Contractor 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.
f. Contractor 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 Contractor prior to the
Contractor performing the additional service.
5. Project Management: Charles M. Buck, P.E. shall be designated as
Contractor's Project Manager for the Work. John Vengrin, P.E., Project Engineer, 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
Agreement Page 2
establishing, an employment relationship. Contractor shall be, and shall perform as, an
independent contractor. No agent, employee, or servant of Contractor shall be, or shall be
deemed to be, the employee, agent or servant of County. Contractor shall be solely and
entirely responsible for its acts and for the acts of Contractor's agents, employees, servants
and subcontractors during the performance of this Agreement.
7. Personnel: Contractor understands and hereby acknowledges that County
is relying primarily upon the expertise and personal abilities of Charles M. Buck. This
Agreement is conditioned upon the continuing direct personal involvement of Charles M.
Buck in the Work. County understands that other employees of Contractor will be working
on portions of the Work; however, these employees shall be under the direct supervision
of Charles M. Buck at all times. In the event that Charles M. Buck is 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 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 designated on the face of the document, and are to be delivered
to County's project manager before final payment is made to Contractor or upon earlier
termination of this Agreement.
9. Confidentiality: Contractor acknowledges that it may receive confidential
information from County for use in connection with its performance of the Work. Contractor
further acknowledges that it may in the performance of the Work develop information,
including facts, data, and opinions, which are, or in County's judgement should be,
confidential or limited in terms of dissemination. Contractor 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 Contractor 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.
Upon completion of the Work, Contractor shall return to County all material it
supplied to Contractor in connection with the performance of the Work.
10. 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 personal services and reputation of Felsburg
Holt and Ullevig. Therefore, Contractor 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. 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
Agreement Page 3
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. Conflicts of Interest: Neither Contractor nor its subcontractors, 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, Contractor represents and warrants that
any and all of its professional representations and associations, and those of its
subcontractors 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.
12. Notices: 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:
Contractor: Charles M. Buck, P.E.
Felsburg Holt & Ullevig
7951 E. Maplewood Ave., Suite 200
Greenwood Village, CO 80111
tel. 303-721-1440 fax 303-721-0832
County: John Vengrin, Project Engineer
Eagle County
P.O. Box 850
Eagle, CO 81631
tel. 970-328-3560 fax 970-328-8789
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.
13. Miscellaneous:
a. Contractor 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. Contractor shall require
all subcontractors to agree to the provisions of this subparagraph.
Agreement Page 4
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 of, 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.
In the event of a dispute resulting in litigation, it is agreed that the prevailing party
shall be entitled to recover all reasonable costs incurred including attorney's fees
and costs, as well as other claim related expenses.
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.
14. The terms of the General Conditions which are attached hereto are hereby
incorporated herein.
15. 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 Contractor in respect of any period after any December 31 of each
calendar year during the term of this Agreement, without an appropriation therefor 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).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
Agreement Page 5
"COUNTY"
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through its
BOARD OF COUNTY COMMISSIONERS
0
County Commissioners
Michae
"CONTRACTOR"
STATE OF COLORADO
) ss
County of 611wpahc( )
The foregoing was acknowledged before me this day of
2002by Z6 evilF lr as Prercdew¢ of
t~ e%s6uv� ),/o/-e� 4q a)/ evi� 2xc
WITNESS my hand and official seal.
My commission expires
��-��Ae
.ap8 NFT1iLAn4p,. Notary Public
-0-�
PuBol,
My COMMISSION EXPIRES
August 30, 2004
Agreement Page 6
GENERAL CONDITIONS
1. Contractor shall provide and pay for labor, materials, equipment, tools,
utilities, permits, licenses, transportation, and other facilities and services necessary for
proper execution and completion of the Work.
2. Contractor shall be responsible for having taken steps reasonably necessary
to ascertain the nature and location of the Work, and the general and local conditions which
can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve
him from responsibility for successfully performing the Work 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.
3. Before commencing activities, Contractor shall: (1) take field measurements
and verify field conditions; (2) carefully compare this and other information known to
Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions
discovered to County.
4. Contractor shall supervise and direct the Work, using Contractor's best skill
and attention. Contractor shall be solely responsible for coordinating all portions of the
Work.
5. Contractor, as soon as practicable, shall furnish in writing to the County the
names of subcontractors and suppliers for each portion of the Work.
6. No charge shall be made by Contractor for hindrances or delays from any
cause whatever during the progress of any portion of the Work, 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 of time for the completion of the Work, provided it
is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g.,
weather, or to acts of omission or commission by the County, provided that such
extensions of time shall in no instance exceed the time actually lost to Contractor by reason
of such causes, and provided further that Contractor shall have given County immediate
(as determined by the circumstances, but not exceeding 48 hours) notice in writing of the
cause of the detention or delay.
7. Contractor warrants to County that the Work will conform to the requirements
of the Agreement.
8. Contractor shall comply with and give notices required by all federal, state
and local laws, statutes, ordinances, building codes, rules and regulations applicable to the
General Conditions Page 1
Work. If the Contractor performs Work knowing it to be contrary to laws, statutes,
ordinances, building codes, rules or regulations without notice to County, Contractor shall
assume full responsibility for such Work and shall bear the attributable costs. Contractor
shall promptly notify County in writing of any conflicts between the specifications for the
Work and such governmental laws, rules and regulations.
9. Contractor's Insurance:
Contractor shall purchase and maintain in a company or companies to which County
has no reasonable objection such insurance as will protect Contractor and County from
claims which may arise out of or result from Contractor's operations under the Agreement,
whether such operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable.
The insurance required shall be written for not less than any limits of liability required
by law or by those set forth below, whichever is greater. All such insurance shall be written
by companies authorized to do insurance business in the State of Colorado.
a. Workmen's Compensation including occupational disease, and Employer's
Liability Insurance in amounts and coverage as required by the laws of Colorado.
b. Comprehensive General Liability Insurance - Contractor shall maintain a
Comprehensive General Liability Form of Insurance with bodily injury liability limits
of $500,000 for any one (1) person in any one occurrence and $1,000,000 for two
(2) or more persons in any one occurrence and with property damage liability limits
of $500,000 in any one occurrence.
C. Contractor shall maintain Professional Liability Insurance with minimum
coverage limits of $500,000 per occurrence, $1,000,000 aggregate.
Certificates of Insurance: Certificates of Insurance acceptable to the County shall
be filed with the County prior to commencement of the Work. These Certificates, with the
exception of the professional liability insurance, shall contain provisions naming the County
as an additional insured under Contractor's insurance, and that coverage afforded under
the policies will not be canceled until at least thirty days prior written notice has been given
the County. Contractor and his subcontractors shall not permit any of his subcontractors
to start Work until all required insurance have been obtained and certificates with the
proper endorsements have been filed with the County. Failure of the Contractor to comply
with the foregoing insurance requirements shall in no way waive the County's rights
hereunder.
Subcontractors: Before permitting any of his subcontractors to perform any Work
under this contract, Contractor shall either (a) require each of his subcontractors to procure
and maintain during the life of his subcontracts, insurance of the types and in the amounts
General Conditions Page 2
as may be applicable to his Work, which type and amounts shall be subject to the approval
of the County, or (b) insure the activities of his subcontractors in his own policy.
10. To the fullest extent permitted by law, Contractor shall indemnify and hold
harmless County, its board, commissioners, employees, and the agents of any of them,
from and against claims, damages, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from performance of the Work, provided that such
claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,
or to injury to or destruction of tangible property (other than the Work itself) including loss
of use resulting therefrom, but only to the extent caused by negligent acts or omissions of
the Contractor, anyone directly or indirectly employed by them or anyone for whose acts
they may be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder.
11. After execution of the Agreement, changes in the Work may be accomplished
by Change Order or by order for a minor change in the Work. County, without invalidating
the Agreement, may order changes in the Work within the general scope of the Agreement
consisting of additions, deletions or other revisions.
a. No Change Orders or other form of order or directive which requires
additional compensable work to be performed may be issued or be effective unless
accompanied by a written assurance to the Contractor that lawful appropriations to
cover the costs of the additional work have been made.
b. A Change Order shall be a written order to the Contractor signed by County
to change the Work.
C. County will have County to order minor changes in the Work not involving
changes in the Contract Price or the Contract Time. Such changes shall be written
orders and shall be binding on the Contractor and County. Contractor shall carry
out such written orders promptly.
12. Final Payment:
Upon written notice from Contractor that the Work is complete, County will make a
final inspection with Contractor, and will notify Contractor in writing of all particulars in which
this inspection reveals that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to remedy such deficiencies.
After Contractor has completed all such corrections to the satisfaction of County,
Contractor may make application for final payment following the procedure for progress
payments. The final application for payment shall be accompanied by all documentation
called for in the contract documents, and such other data and schedules as County may
reasonably require.
Genera! Conditions Page 3
13. Contractor warrants and guarantees that all work, materials, and equipment
covered by any application for payment, whether incorporated in the project or not, will
pass to County at the time of payment free and clear of all liens, claims, security interests,
and encumbrances (in these General Conditions referred to as "Liens").
14. Final payment is subject to the Final Settlement requirements and time
periods set forth in C.R.S. §38-26-107.
15. Contractor's obligation to perform and complete the Work in accordance with
the contract documents shall be absolute. Neither the recommendation of any progress
or final payment nor the payment by County to Contractor under the contract documents,
nor any use or occupancy of the Work or any part thereof by County, nor any act of
acceptance by County, nor any failure to do so, nor any correction of defective Work by
County shall constitute an acceptance of Work not in accordance with the contract
documents or a release of Contractor's obligation to perform the Work in accordance with
the contract documents.
16. If Contractor fails to correct Work which is not in accordance with the
Agreement, the County may direct the Contractor to stop the Work until the correction is
made.
17. If Contractor defaults or neglects to carry out the Work in accordance with the
Agreement and fails within a seven day period after receipt of written notice from the
County to correct such default or neglect with diligence and promptness, the County may,
without prejudice to other remedies, correct such deficiencies. In such case, the
Agreement may be terminated by County and/or a Change Order shall be issued deducting
the cost of correction from payments due the Contractor.
18. The Contractor shall be responsible for initiating, maintaining and supervising
all safety precautions and programs, including all those required by law in connection with
performance of the Agreement.
19. Contractor shall promptly correct Work rejected by County as failing to
conform to the requirements of the Agreement and Contractor shall bear the cost of
correcting such rejected Work.
20. Contractor warrants and guarantees to County that all Work will be in
accordance with the Contract Documents.
21. County may terminate this Agreement, in whole or in part, for its convenience
upon providing written notice, by delivery or by mail, to Contractor. Upon such 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
General Conditions Page 4
have not been satisfactorily completed, provided that, at its sole option, County may require
that Contractor complete particular tasks or subtasks on a time and reimbursable expenses
basis as provided in paragraph 4 of the Agreement. Upon termination Contractor shall
deliver to County all photographs, drawings, illustrations, text, data, and other documents
entirely or partially completed, together with all material supplied to Contractor by County.
Payment will be due within thirty (30) days after Contractor has delivered the last of the
partially completed documents, together with any records that may be required to
determine the amount due.
22. In the event of any conflict between the provisions of these General
Conditions and the Proposal or the Agreement, the terms of the Proposal or the
Agreement, as the case may be, shall control.
Genera! Conditions Page 5
Proposal for TransportatioA4x� ces "qwO`� Eagle County, Colorado
X11IT- PROPOSAL
TO
EAGLE COUNTY, COLORADO
FOR
TRANSPORTATION SERVICES
Currently, Eagle County's Land Use Regulations utilize a road impact fee schedule to assess
new development a proportionate share of the costs associated with roadway improvements, as
identified in the Eagle County 2010 Road Capital Improvement Plan. The 2010 Road CIP was
based on population and employment estimates for the years 1995 and 2010; to keep the road
impact fee schedule current, the County is seeking an update to the 2010 Road CIP using traffic
modeling forecasts based on current population and employment estimates for the years 2002
and 2025.
Felsburg Holt & Ullevig is pleased to submit this proposal to assist the County in the 2025 Road
CIP development process. The proposed general approach for this project is two phased:
Phase I would include compiling current population and employment estimates, updating the
transportation model developed by LSC, Inc. for Eagle County, and identifying the areas of
needed roadway improvements required for the projected year 2025.
Phase II would develop the recommended improvements, update preliminary opinions of
probable costs associated with the identified improvements, and would include any public
involvement efforts as directed by the County. The specific scope and associated costs for
Phase II would be negotiated with the County following completion of Phase I.
The proposed Phase I work program is as follows:
WORK PROGRAM
L Existing Conditions
Compile existing traffic count data for the major roadways and intersections within Eagle
County, based on Colorado Department of Transportation's continuous data collection program
and on counts to be provided by the County. To augment the available traffic volume data as
needed, daily traffic counts will be conducted along roadway segments, and peak hour counts
will be conducted at major intersections within the County, as needed. Data for both summer
and winter seasons will be collected. Update the inventory of current roadway laneage and
intersection geometrics, and conduct an analysis of existing traffic operational conditions
relative to the County's Level Of Service (LOS) standards. Identify existing system deficiencies
and evaluate improvement alternatives.
11. Traffic Forecast Modeling
Convert the existing Eagle County TRANPLAN Model (Version 7) modules to the latest
TRANPLAN Version 9. Update the 1995 and 2010 population and employment forecasts to the
years 2002 and 2025 utilizing the forecasts currently being prepared by BBC for the 1-70 PETS.
Structure the data for the 17 trip purposes identified in the current model for both summer and
winter seasons. A request by Eagle County to CDOT will be needed to use the 1-70 PEIS model
0,.Idw FELSBURG
(4HOLT &
ULLEVIG 3127102 Page X
EXHIBIT
Proposal for TransportatioA... 4ices S _ '� Eagle County, Colorado
data for external trips and mode choice splits. Populate the existing County TAZ boundaries
with the 2002 and 2025 data. Aggregate or disaggregate the data and TAZ's as necessary.
Recalibrate and validate the model to a new year 2000 base model using the recent census
data. Perform screen line and point calibrations using the existing traffic volume data. When
calibrated, the model will then be used to forecast year 2025 traffic volumes using the updated
population and employment estimates for that year. A validation report will be prepared for the
model results.
111. Analysis of 2025 Traffic Volumes and Identification of Areas of Needed Improvements
Conduct generalized roadway and intersection capacity analyses for the projected future
conditions. Identify areas where roadway and intersection improvements would be needed to
maintain acceptable traffic operational levels, as defined by the County.
DELIVERABLES
A technical memorandum will be prepared to document the data collected, the analyses
conducted, and the resultant findings and conclusions. An electronic copy of the model will be
provided to the County.
COST OF SERVICES
The following table summarizes the estimated man-hours and costs associated with the above
Scope of Work.
Man -Hour Estimate and Estimated Budget — Phase I
rrer
,:..�_.z��
K = _
�`��ur__
I Existing Conditions
8
2
56
40
8
114
II. Traffic Forecast
53
156
80
152
4
445
Modeling
III. Analysis of 2025
12
12
28
40
5
97
Traffic Volumes &
Areas of Needed
Improvements
Total Hours
73
170
164
232
17
656
Total Cost
$10,220.00
$21,250.00 1
$14,760.00
$16,240.00
$1,105.00
$63,575.00
Other Direct Costs:
Subconsultant
Counter Measures
$14,300.00
BBC Consulting
$11,000.00
Cambridge Systematics
$10,000.00
Travel
$ 900.00
Reproduction
$ 200.00
Total ODC
$36,400.00
GRAND TOTAL
$99 975.00
P'jld FELSBURG
(4HOLT &
ULLEVIG 3127102
Page 2
FELSBURG
HOLT &
ULLEVIG
1. EXISTING CONDITIONS
1.1 Data Collection
1.2 Operational Analysis
It. TRAFFIC FORECAST MODELING
11.1 Convert Model
11.2 Update P & E
11.3 Mode Choice
11.4 Calibration
11.5 2025 Forecasts
ill. 2025 ANALYSIS / NEEDS -BASED IMPROVEMENTS
111.1 Peak Hour Operations
111.2 Areas of Needed Improvements
-----------------
111.3 Technical Documentation
11.1
Eagle County 2025 Road CIS^
H A 1,5 ;
Eagle County 2025 Road MP 1i17/ro
DISTRIBUTION
Originals to•
1.
Contract Book
2.
3.
4.
COjiiCS tOt
1.
Accounting
2.
