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AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE DELINEATION OF THE FLOODPLAIN
OF THE EAGLE AND COLORADO RIVERS
This Agreement for the delineation of the floodplain of the Eagle and Colorado
Rivers dated as of , 2002, is between Eagle County, by and through
its Board of County Co missioners ("County"), and Matrix Design Group, Inc.
("Contractor").
WHEREAS, the purpose/intent of this contract is to delineate the floodplain of the
Eagle and Colorado Rivers
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: (A)
Review Previous Reports and Studies; (B) Initial Hydraulic Analysis; (C) Draft Floodplain
Information Report; and, (D) Finalize the Flood Information Report, all as described in
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 afterthe 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 percent of completion by task
and direct expenses at cost. The total fixed price fee is $80,000.00 for the portion of Eagle
County upstream of the west end of the Town of Gypsum. Additional services may be
provided in the amount of $24,000.00 for the remaining portions of Eagle County. 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
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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 C 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: Robert Krehbiel, PE shall be designated as Contractor's
Project Manager for the Work. Justin Hildreth, PE, 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
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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 Robert Krehbiel, PE. This
Agreement is conditioned upon the continuing direct personal involvement of Robert
Krehbiel, PE 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 Robert Krehbiel, PE at all times. In the event that Robert Krehbiel, PE 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 Matrix
Design Group, Inc. 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.
Agreement Page 3
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. 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: Robert Krehbiel, PE
Matrix Design Group, Inc.
1601 Blake Street, Suite 508
Denver, CO 80202
tel. 303-572-0200 fax 303-572-0202
County: Justin Hildreth, 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.
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. 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).
Agreement Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
"COUNTY"
ATTEST:
Clerk to the Board/of
County Commissioners
STATE OF COLORADO
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through its
BOARD OF COUNTY COMMISSIONERS
Michael L. Gallag
"CONTRACTOR"
MATRIX DESIGN GROUP, INC.
) ss
County of )
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The f regoing w s ac novel dged beforpp�� me thh's LZy day of r
2002 by v— ��4ncao- as lres c���� of Matrix Design
Group, Inc.
WITNESS my hand and official seal.
My commissiRg��Cpires
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My Commission Expires
04-23-2005
Ad e
Notary Public
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
Contractorwith theAgreement; 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:
Contractorshall 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 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
underthis 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 in whole or in part 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 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
Genera! Conditions Page 4
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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 hereof. 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.
General Conditions Page 5
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GENERAL SCOPE OF WORK
Floodplain Delineation
1. PROJECT DESCRIPTION
The goal of this project is to prepare a hydraulic analysis of the Colorado and Eagle Rivers
in Eagle County, Colorado. The project will include an analysis of the Eagle River
floodplain and the Colorado River floodplain and the subsequent preparation of floodplain
maps and a floodplain information report. The maps and report will be submitted for
approval by the Eagle County Board of County Commissioners (BoCC), The Towns of
Eagle, Avon and Gypsum, the Colorado Water Conservation Board (CWCB), and the
Federal Emergency Management Agency (FEMA).
This will be the final phase of a three phase project. The first phase was the surveying and
photogrametric mapping of the Eagle and Colorado Rivers, and the preparation of two -foot
contour maps along the river corridor. As part of the surveying portion, cross sections have
been measured at approximately 10 per mile and are available in .dat computer file format.
The second phase was the complete hydrologic analysis of the Eagle River watershed to
determine design flows in the preparation of the floodplain delineation. The final phase will
be the ultimate determination of the 100-year and 500-year floodplain and floodway
boundaries of the Eagle and Colorado Rivers along Interstate 70 in Eagle County.
The Eagle County Engineering Department is referred to as the COUNTY. The LOCAL
SPONSORS includes the local municipalities impacted by the Eagle River and includes
Eagle County and the Towns of Eagle, Gypsum and Avon. The ENGINEER is the
consultant retained by the COUNTY to delineate the Eagle River and Colorado River
floodplain.
2. STUDY AREA
The study area for the drainageway shown on Exhibit B, dated December 14, 2001, shall
include the following approximate miles on the main stem(s) and tributaries:
Approximate
DrainageStream Miles
Eagle River 46
Colorado River 4
The extent of the floodplain delineation will begin at Dowd's Junction, near the Interstate
70 and the US Hwy 24 intersection. The exact beginning point will be the confluence of
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General Scope of Services
Eagle River and Colorado River Floodplain Delineation Project
Page 2
Gore Creek and the Eagle River. The Eagle River floodplain will be delineated downstream,
to its confluence with the Colorado River. The Colorado River floodplain will be delineated
from the confluence with the Eagle River downstream to the Eagle/Garfield County Line.
The COUNTY has already acquired base topographic mapping with planimetrics of the study
area completed at a scale of 1 "=200' and a contour interval of 2-feet. The Mapping for the
study area is available on 22"04" sheets and in electronic form compatible with AutoCad.
3. SCOPE OF SERVICES
A. Review Previous Reports and Studies
Familiarize themselves with the Eagle and Colorado Rivers in Eagle County and with
all available floodplain information for those two rivers within the county, including
preliminary information recently prepared under contract to FEMA for the reach of
the Eagle River from the confluence of Brush Creek and the Eagle River, near the
Town of Eagle, downstream to the upstream limit of the Town of Gypsum (that reach
already studied by FEMA will not be restudied; the floodplain information for that
reach will simply be incorporated into the new Floodplain Information Report).
B. Initial Hydraulic Analysis
Perform a hydraulic analysis of the 10-year, 50-year, 100-year and 500-year flood
events for the Eagle and Colorado Rivers for the above described reaches. This
initial hydraulic analysis shall be submitted to the staffs of Eagle County and the
CWCB for review and comment.
C. Draft Floodplain Information Report
1. ENGINEER will prepare a one -volume Floodplain Delineation Report (11 If
x 17") for the streams and tributaries described in Paragraph 2 of this
Agreement to be included in the study. The report, along with the supporting
calculations and documentation, shall be appropriate for submission to the
Colorado Water Conservation Board (CWCB) for designation and approval
ofthe 100-year floodplains according to the latest adopted CWCB "Rules and
Regulations for the Designation and Approval of Floodplains and of Storm
or Floodwater Runoff' Channels in Colorado." The report must also be
appropriate for ultimate submittal to the Federal Emergency Management
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General Scope of Services
Eagle River and Colorado River Floodplain Delineation Project
Page 3
Agency (FEMA) for inclusion in the Flood Insurance Rate Maps and must be
prepared in according with the latest version of "Flood Insurance Study
Guidelines and Specifications for Study Contractors." The report shall show
the 100-year floodplain in plan and profile and the 10-year water surface
profile. Drawings shall be on plan and profile sheets at a scale of 1" = 200'
with two -foot contours using the base maps provided by the COUNTY. The
limits of the 100-year floodway shall be defined in a tabular form referenced
to cross -sections. The floodways shall be based on a total increase of not
more than 1.0 foot in the computed energy grade line due to an approximately
equal reduction in conveyance on both sides of the floodplain, or other
criteria which COUNTY, in cooperation with LOCAL SPONSORS, specifies
or ENGINEER recommends and COUNTY approves. Floodway data will
be keyed to cross-section stationing and elevations. When the flows are
contained within the defined channel, floodway data will not be needed, but
the condition should be so indicated in the tabulation. The report shall
include, but not be limited to the following:
a. A summary of pertinent data or information obtained from COUNTY,
Colorado Department of Transportation, U.S. Army Corps of
Engineers, U.S. Geological Survey, Soil Conservation Service,
Colorado State Engineers Office, various utility departments and
others.
b. Identification of major watershed features.
C. History of relative stream flooding, inventory of any available
streamflow data from the watersheds and adjacent watersheds, and
description of various hazards associated with the areas in or near the
100-year floodplain.
d. Typical design hydrographs for the watershed and each sub -watershed
and hydrologic information in terms of rainfall data, coefficients, land
uses (imperviousness), slopes, flood flows vs. channel stationing
(discharge profile), rainfall abstractions, watershed areas, etc. for the
10-, 50-, and 100-year recurrence interval frequencies. under "future
watershed conditions" labeled in the report simply as "hydrology".
e. Summary of hydraulic data including channel and floodplain
vegetative cover, channel conditions, roughness coefficients, analysis
EXHIBIT
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General Scope of Services D
Eagle River and Colorado River Floodplain Delineation Project
Page 4
of structure blockage potential and how treated and other
miscellaneous data.
f. A map depicting the subject watershed, sub -watersheds, channel by
reaches and jurisdictions involved.
g. An index map depicting the subject watershed, channels, jurisdictions
involved, and the individual plan and profile map coverage.
h. Tabulationof flood hazard information for each cross-section
including section number, reference line stationing, thalweg
elevation,l0-, 50-,100-, and 500-year discharges,l0-, 50-,100-year
water surface elevations, top width of 100-year floodplain, mean
velocity, top width of proposed floodways, floodway widths on left
and right side of thalweg or reference line, floodway water surface
elevations, and mean velocity in floodways. All data reported in
these tables shall be backed up by final backwater calculations for
floodplain and floodway.
The plan and profile information shall be drafted in ink by
ENGINEER on 22" x 34" plan and profile sheets. The information
portrayed shall include, but not be limited to: a reference line down
the center of the low flow channel; limits of 100-year floodplain
based on 100-year flows for a "future watershed condition" and
existing channel conditions; profiles showing the bottom of the
channel or thalweg, left and right bank where applicable, and 10-year
and 100-year water surface profiles; cross -sections of crossing
structures; typical cross -sections at appropriate scales on same
drawings and/or on separate drawings, design flows and velocities at
cross-section locations; location of all cross -sections used in
hydraulic computations; and a sufficient number of flood contours to
enable reconstruction of the 100-year water surface profile to an
accuracy of f0.5-feet. In preparation of drawings, ENGINEER shall
use line weight, lettering and drafting techniques necessary to insure
production of legible printed copies at an exact 50 percent reduction
in the printed report.
2. The report shall be prepared and presented to the staff of Eagle County, staff
of the Towns of Eagle, Gypsum, and Avon and staff of CWCB for review.
The COUNTY reserves the right to reject the printing if it results in a loss of
General Scope of Services
Eagle River and Colorado River Floodplain Delineation Project
Page 5
legibility in text, line work, lettering, contours, or of exact scale at 50 percent
reduction.
3. ENGINEER shall provide COUNTY with one set of photo ready original text
and 22" x 34" plan and profile mylars making up the report.
4. ENGINEER shall utilize the mapping and hydrologic and hydraulic data
previously prepared to the fullest extent.
5. Hydrologic studies shall be included for the study reaches in sufficient detail
to include the peak rate and volume of runoff from each watershed and sub -
watershed in order to define flows in each reach on a dependable hydrologic
basis for the 2-, 5-,10-, 50-,100-, and 500-year recurrence intervals: The 2-,
5-210-1,50-5,100-, and 500-year floods shall be expressed in the form of flood
hydrographs.
6. Hydraulic calculations for the areas included in the study shall be performed
to define water surface profiles, floodplains, and floodways for the 10-, 50-,
and 100-year frequencies and shall be presented to COUNTY for approval.
These calculations shall be complete to the extent of attaining at the least the
capacity and general condition of existing conduits, bridges, reservoirs,
channels, channel levees, etc., but not including their structural integrity.
7. One copy of all pertinent calculations in support of the hydraulics shall be
provided to COUNTY.
8. All electronic information, including all AutoCad files (version 2000 or
later), hydraulic calculations and report text in pdf format shall be submitted
on CD-ROM.
9. ENGINEER shall compile and submit a photo album containing photographs
of the study reaches of the channels and floodplains to support the roughness
coefficients used for hydraulic computations. All photographs shall be
mounted on three-ring binder backing and labeled as to locations (i.e.,
drainageway and stationing) and direction the camera is facing (i.e.,
upstream, downstream, etc.)
D. Finalize the Flood Information Report
General Scope of Services
Eagle River and Colorado River Floodplain Delineation Project
Page 6
Staff comments shall be incorporated into the Flood Information Report. The final
Flood Information Report shall be submitted to the CWCB for designation as a State
of Colorado floodplain. All information and submittals required in the draft report
shall be included in the Final Flood Information Report. The report will then be
submitted to the local jurisdictions for incorporation into their floodplain ordinances.
The Flood Information Report will then be submitted to FEMA for review and
incorporation into the Flood Insurance Rate Maps for Eagle County, and the Towns
of Gypsum, Eagle and Avon.
4. PUBLISHED REPORTS
ENGINEER shall provide COUNTY with copies of the draft and final reports prepared under
the various segments of this AGREEMENT. Specifically, as a minimum, ENGINEER shall
provide copies of the following reports:
Report Copies
Draft Flood Information Report 12
Final Flood Information Report 12
5. PERSONNEL
ENGINEER represents that it will use as a minimum the following personnel in performing
the services under this AGREEMENT:
Name Responsibility
_John L. Blanchard, P.E. Principal -In -Charge
Robert D. Krehbiel, P.E. Project Manager
Jay Peters, P.E. Project Engineer
Changes in the above personnel may not be made. If conditions beyond the control of
ENGINEER develop, changes in above personnel may be made only upon advance written
approval by COUNTY.
6. TIME OF PERFORMANCE
General Scope of Services
Eagle River and Colorado River Floodplain Delineation Project
Page 7
Item 3.A. of the SCOPE OF SERVICES (Review previous studies and reports) shall be
completed within 30 calendar days following receipt of mapping or Notice to
Proceed, whichever comes last.
Item 3.B. of the SCOPE OF SERVICES (draft hydraulic analysis) shall be completed and
the draft preliminary design report submitted to COUNTY within 75 calendar days
following the receipt of all mapping and survey data.
COUNTY and LOCAL SPONSORS (initial hydraulic analysis) shall have 30
calendar days to review the draft preliminary design report and submit comments to
ENGINEER, who shall then have 30 calendar days to submit the final reports to
COUNTY.
Item 3.C. of the SCOPE OF SERVICES (Floodplain Information Report) shall be completed
and a copy of the draft report submitted to COUNTY and LOCAL SPONSORS within
45 calendar days. COUNTY and LOCAL SPONSORS shall have 30 calendar
days to review the draft and submit comments to ENGINEER, who shall then have 30
calendar days to submit the final reports to COUNTY.
7. FORMAL PRESENTATIONS
ENGINEER shall make the following numbers of formal presentations at public, City
Council or County Commissioner meetings or hearings in connection with drainage and
preliminary design as scheduled by COUNTY:
Number Formal
Phase Presentations
Final Floodplain Delineation 4
In addition, ENGINEER will meet informally at COUNTY request. ENGINEER will be
reimbursed on a "cost plus" basis for additional formal presentations, which compensation
shall not exceed the wages paid in connection with the additional formal presentations, times
a factor of 2.6, plus all direct expenses.
8. REPORT DISTRIBUTION
General Scope of Services
Eagle River and Colorado River Floodplain Delineation Project
Page 8
COUNTY will be responsible for furnishing LOCAL SPONSORS with copies ofthe various
reports prepared by ENGINEER.
9. COMPENSATION
COUNTY agrees to pay ENGINEER Eighty Thousand Dollars ($80,000.00) for all of the
above services in the unincorporated portions of Eagle County, with possible additional
services in the amount of Twenty Four Thousand Dollars ($24,000.00) for the incorporated
portions of Eagle County subject to the terms and conditions described under Paragraphs 10
and 13 below.
10. RESPONSIBILITIES OF ENGINEER
ENGINEER shall be responsible for providing services in accordance with Paragraph 3.
SCOPE OF SERVICES and all other terms and conditions specified in this Agreement.
A. Additional services requested by COUNTY which are over and above those
identified in this Agreement shall be negotiated with ENGINEER at the time they are
requested. It shall be the responsibility of ENGINEER to identify to COUNTY
which services it considers outside of this Agreement and to obtain the concurrence
of COUNTY before proceeding with such work. COUNTY will evaluate each item
of work so identified, and, if it is determined by COUNTY to be outside this
Agreement, COUNTY will either negotiate an amendment to this Agreement or
withdraw the request for extra work or take other action it deems to be appropriate
and necessary.
B. During the course of the work, ENGINEER shall, at the request of COUNTY, confer
and advise officials who need specific information related, but not limited to, any
developments up for approval which might affect or be affected by the work under
this Agreement.
C. All of the services performed shall be the responsibility of ENGINEER, and all
personnel engaged in the services shall be fully qualified and shall be authorized
under State or Local Law to perform such services.
D. None of the services covered by this Agreement shall be subcontracted without the
prior written approval of COUNTY. All orders or instructions with respect to work
being done by the subcontractor shall be given by ENGINEER. ENGINEER agrees
General Scope of Services
Eagle River and Colorado River Floodplain Delineation Project
Page 9
to bind each subcontractor to the terms of this Agreement so far. as applicable to the
work of each subcontractor.
E. ENGINEER is responsible for the accuracy of the information presented in all final
reports prepared by ENGINEER. Should COUNTY discover after the final reports
have been printed and delivered by ENGINEER to COUNTY, that any of the reports
were not properly corrected by ENGINEER, in accordance to the review comments
furnished to ENGINEER by COUNTY, or there are errors in the information being
presented or there are inconsistencies between various parts of the report,
ENGINEER shall make all needed corrections to remedy the deficiencies found in
the printed reports and reprint and submit the required copies of the corrected report
to COUNTY without cost to COUNTY.
11. METHOD OF REVIEWING PERFORMANCE
A. ENGINEER shall submit the work called for in Paragraph 3 to COUNTY for written
approval by the Eagle County Engineer or designee. In cases where no written
information is required hereunder, ENGINEER shall furnish COUNTY with written
statements concerning work accomplished at the appropriate times. COUNTY will
provide approval or the reason for the lack thereof within fifteen (15) days after each
submittal.
B. ENGINEER shall provide a progress chart in the form of a detailed CPM or
equivalent on no less than a monthly basis. Initial chart to be provided to COUNTY
for approvals within fifteen (15) calendar days of Notice to Proceed.
C. Prior to COUNTY furnishing such approval to ENGINEER, COUNTY will obtain,
as applicable, comments from LOCAL SPONSORS.
12. DIRECTION OF AGREEMENT EFFORT AND COORDINATION
A. In accordance with the provisions of this Agreement, the Executive Director of
COUNTY shall be the only individual authorized to direct or redirect the effort or in
any way amend or modify the terms of this Agreement.
B. COUNTY may appoint a Project Director who shall represent the Executive Director
in matters related to the work under this Agreement.
General Scope of Services
Eagle River and Colorado River Floodplain Delineation Project
Page 10
C. ENGINEER will appoint a Project Manager and/or a Project Engineer who shall
direct ENGINEER's work under this Agreement.
D. COUNTY shall be responsible for coordinating information with LOCAL
SPONSORS during the performance of this Agreement.
E. In the event that the Executive Director is not available; a duly authorized person
shall be appointed by COUNTY to assume the responsibilities of the Executive
Director pertaining to this Agreement.
13. OWNERSHIP OF DATA
The ownership of data, drawings, special software and information collected, acquired,
developed, and documented under this Agreement shall be vested with COUNTY.
ENGINEER may retain a record copy of all data, drawings documents, special software and
information. This information may not be given or sold to any other entity without the
written permission of COUNTY.
14. CHANGES
COUNTY may, from time to time, request changes in the scope of services of ENGINEER.
Such changes, including any increase or decrease in the amount of ENGINEER"s
compensation and/or time of performance, which are mutually agreed upon by and among
parties shall be incorporated in written amendments to this .Agreement.
15. OTHER PROVISIONS
In executing this Agreement, PARTIES also agree to the terms and provisions contained in
the following documents which are herewith made a part of this Agreement:
A. Exhibit B, Map of Study Reach.
EEXHIBIT
C'
InlcKmt Solutions
October 1, 2001
(Subject to revision annually in October)
CLASSIFICATION HOURLY RATE
Principal -In -Charge $ 135.00
Vice President/Project Manager $ 110.00
Senior Engineer $ 90.00
Survey Manager $ 95.00
Engineer $ 75.00
CADD Technician $ 70.00
Administrative Support $ 50.00
Field Survey Crew $ 120.00
If applicable, mileage will be charged at the Federal government allowable rate. All
other direct expenses attributable to the Project will be charged to Client at cost.
DISTRIBUTION
Originals to:
I. Contract Book
2. _ T
3. l G�u
C,:r.�ies to:
i. Ar<ol:
