02-24-2006 ALPINE ENGINEERING, INC SERVICE AGREEMENT FOR AT GRADE RAILROAD CROSSINGSFA-M. =:4* 1
Alpine Engincering, Inc.
PROFESSIONAL SERVICES AGREEMENT
Project Name: Town of Avon Date: February 24, 2006
At-Grade Railroad crossings
Client: Town of Avon Job 16290.a
P.O. Box 975
Avon, CO 81620
Consultant: Alpine Engineering, Inc.
Project P.O. Box 97
Location: Avon, Colorado Edwards, CO 81632
SCOPE OF The scope of Consultant's services is limited to the following:
SERVICES:
Please refer to Exhibits A, B and C for definitions and limits to Scope of Services
FEE BASIS: Consultant shall perform and complete its services on a time and expense basis in accordance with
the following Schedule of Charges. AEI may increase their rates from time to time to a mutually
agreed upon amount.
Hourlv Professional Rates
Principal
$110.00
Project Engineer
$ 90.00
Senior Design Engineer
85.00
Registered Surveyor
90.00
Design Engineer
80.00
Senior Surveyor
75.00
Engineering Technician II
70.00
Survey Technician
65.00
Engineering Technician I
65.00
Resident Engineer Technician
70.00
Resident Engineer
80.00
Office Technician
45.00
1-Person Survey Crew
90.00
2-Person Survey•Crew
115.00
3-Person Survey Crew
125.00
Rearoduction Costs
Bluelines, per sheet $ 2.00 Mylar per sheet, 24"06" $ 12.00
Mylar per sheet, 30"x42" 18.00 Paper copies, 8"x 11 " per sheet .10
Plotting, translucent bond per SF .25 Plotting, mylar per SF 1.00
Color Plotting, per SF 1.50
Other Charges
Attendance at Public Meetings - $150.00 per hour
Expert Testimony and Court Appearances - $150.00 per hour
Support services, deliveries, materials and supplies - cost plus 10%.
Subconsultants -cost plus 10%.
Per Diem and Lodging - cost plus 10%.
Vehicle Mileage, standard - $0.50 per mile
All other direct project expenses, i.e. special equipment rental, commercial travel,
shipping - cost plus 15%.
February 2006 16290.a- At-Grade RR Crossings - ToA
The following Terms and Conditions are incorporated into and made a part of this Professional Services Agreement:
ADDITIONAL WORK: Any work request by the Client not defined in the above Scope of Services is deemed
additional work and shall be invoiced in accordance with the Fee Basis of this contract.
PROJECT Client will make available for Consultant's review all available information
INFORMATION: regarding project conditions or requirements that may be relevant to or affect the services.
to be performed under this Agreement. All project data shall be made available in CAD
format (DWG or DXF form). Client will immediately transmit to Consultant any new
information concerning the project that becomes available to it, either directly or
indirectly, during the performance of this Agreement. Client agrees to render reasonable
assistance as requested by Consultant so the performance of the services under this
Agreement may proceed without delay or interference. Consultant will not be liable for
any advice, judgment or decision based on inaccurate or incomplete information furnished
by Client or others engaged by or for Client.
JOBSITE SAFETY: Consultant does not assume responsibility for construction means, methods, techniques,
sequences or procedures, or for safety precautions. Consultant and his or her personnel
have no authority to exercise any control over any construction contractor or other entity
or their employees in connection with their work or any health or safety precautions. The
Client agrees that the General Contractor is solely responsible for jobsite safety.
PAYMENT TERMS: Client will pay Consultant for services and expenses in accordance with.the agreement.
Consultant's invoices will be presented at the completion of its work, monthly, or as
specified in the quotation, and will be paid within fifteen, (15) days of receipt by Client or
Client's authorized representative. Client agrees to pay a finance charge of 1 1/2% per
month on past due accounts, or the maximum allowed by law if such maximum is less
than 1 1/2% per month.
FORCE MAJEURE: Consultant shall not be liable to Client for any loss, liability, cost, damage or expense
arising out of the delay or failure to render services under this Agreement where such
delay or failure arises by reason of legislative, administrative or government prohibition,
fire, weather conditions, hostilities, civil disturbances, labor or industrial disputes,
inability to secure labor, acts of God or any other event beyond the reasonable control of
Consultant, in which event either party may terminate that portion of the services under
this Agreement not yet completed, and Consultant shall have no further liability to Client
therefor. A change authorization extending the time to perform and stating an appropriate
fee adjustment may be elected by mutual agreement of the parties hereto as an alternative
to termination.
OWNERSHIP OF All reports, plans, specifications, field data and notes and other documents,
INSTRUMENTS including all documents on electronic media, prepared by the Consultant
OF SERVICE: as instruments of service shall remain the property of the Consultant.
OPINIONS OF In providing opinions of probable construction cost, the Client understands that the
PROBABLE COST: Consultant has no control over costs or the price of labor, equipment or materials, or over
the Contractor's method of pricing, and that the opinions of probable construction costs
provided herein are to be made on the basis of the Consultant's qualifications and
experience. The Consultant makes no warranty, expressed or implied, as to the accuracy
of such opinions as compared to bid or actual costs.
LIMITATION OF To the fullest extent permitted by law, and not withstanding any other provision of
LIABILITY: this Agreement, the total liability, in the aggregate, of the Consultant and the Consultant's
officers, directors, partners, employees, agents and subconsultants, and any of them, to the
Client and anyone claiming by, through or under the Client, for any and all claims, losses,
costs or damages of any nature whatsoever arising out of, resulting from or in any way
related to the Project or the Agreement from any cause or causes, including but not
February 2006 16290.a- At-Grade RR Crossings - ToA 2 '
limited to the negligence, professional errors or omissions; strict liability, breach of
contract or warranty, express or implied, of the Consultant or the -Consultant's officers,
directors, employees, agents or subconsultants, or any of them, shall not exceed the
amount of $1,000,000.00. In no event shall Consultant be liable for special, incidental,
exemplary, punitive or consequential damages.
LIMITATIONS All legal actions by Client against Consultant shall be barred after two years have
PERIOD: passed from the time Client knew or should have known of its claim, and under no
circumstances shall be initiated after three years have passed from the date on which
Consultant substantially completed its services or from the date upon which Consultant's
services were terminated, whichever date shall earlier occur.
TERMINATION: Either the Client or the Consultant may terminate this Agreement at any time with or
without cause upon giving the other party ten (10) calendar days prior written notice. The
Client shall within fifteen (15) calendar days of termination pay the Consultant for all
services rendered and all costs incurred up to the date of termination, in accordance with
the compensation provisions of this contract.
SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void
or unenforceable, the remaining provisions shall continue in full force and effect.
ACCEPTANCE: Consultant's receipt of this executed Agreement is expected within five (5) days of the
date shown hereon. Acceptance after five days is subject to Consultant's other contracts
in progress and the performance hereof. If Consultant is verbally requested by client to
proceed with any work prior to execution of the Agreement, any work done will be on
these terms.
The undersigned parties acknowledge the terms of this Agreement which represent the entire mutual agreement
between Consultant and the undersigned Client and this Agreement supersedes all prior negotiations, representations
or agreements written or oral prior to execution date of the Client below. Please execute both copies and return one
copy to Alpine Engineering, Inc. as authorization to begin work.
Consultant: ALPINE ENGINEERING, INC.
i ,
By: c -
Name: Michael J. Sliper
Title: R",
h_ 7 . Zc~
Date:
February 2006 16290.a- At-Grade RR Crossings - ToA
EXHIBIT A
Item
eseription
Estimated Fee
1
Design of At-Grade Crossings
$ 14,920.00
2
onstruction Administration
$ 8,540.00
3
Construction Observation
$ 9,300.00.
SUBTOTAL
$ 32,760.00
24
eim' btirsables (5.%)
$ 1,638.00
OTAL ESTIMATED FEE
$ 34,398.00
February 2006 16290.a- At-Grade RR Crossings - ToA 4
EXHIBIT B
(Public roads, utilities, drainage and grading)
1. Design of At-Grade Crossings:
To include meeting and coordinating with Town of Avon, coordinating with UPRR with
regards to design criteria, preparing final crossing plans to be submitted to PUC by others,
meeting with landscape architects for the Riverfront Subdivision and Town of Avon
Transportation Center regarding architectural treatments, reviewing and addressing Town of
Avon comments, reviewing and addressing UPRR comments, preparing Engineers opinion
of probable cost, preparing project specifications and bid documents and assisting Town
with contractor selection.
2. Construction Administration:
To include attending construction meetings, review construction issues and make
recommendations to Owner, issuing supplemental information, review shop drawings and
contractor submittals, address requests for information (RFI's) as required, prepare and
disperse Engineer's Supplemental Information (ESI's) as required, engineering support for
design revisions due to field conditions, review contractor PCO's and make
recommendations to Owner, review contractor pay requests and make recommendations to
the Owner.
3. Construction Observation:
To include providing on-site construction observation as appropriate to amount of work
being performed to determine if work is in general conformance with the Construction
Documents, keep observation records as necessary, update Project Engineer of
progress/issues, update Town of Avon of construction progress, assist with
plan/construction conflict resolution and attend weekly meetings. Assumes construction
duration of 8- 5day weeks with I hour of observation per day.
Alpine Engineering shall visit the site at intervals appropriate to the stage of construction, or otherwise agreed to in
writing by the Town of Avon, in order to observe the progress and quality of the work completed by the contractor.
Such visits shall not be intended to be exhaustive or detailed inspection of the contractor's work, but rather to
become generally familiar with the work in progress to determine general conformance with the contract
documents. Based upon these observations, AEI shall keep, the Owner informed about the progress of the work.
AEI shall not supervise, direct or have control over the contractor's work nor have any responsibility for
construction means, methods, techniques, sequences or procedures selected by the contractor nor for the
contractor's safety precautions or programs.
February 2006 16290.a- At-Grade RR Crossings - ToA
EXHIBIT C
EXCLUSIONS:
Services not set forth above as Basic Services and not listed in Exhibit B of this Agreement are
specifically excluded from the scope of AEI's services. Items that may be required for this project
and are specifically excluded from Basic Services above include, but are not limited to:
-Construction Staking
-Utility design
-Drainage report/design
-Design of improvements outside of UPRR Right-of-Way
-Geotechnical services
-Structural engineering
-Pavement design
-Snowmelt facilities design
-Erosion control design
-Construction dewatering permit
-Fugitive Dust Permit
-Stormwater management permitting
-Site lighting
-Traffic analysis
-Construction phasing plans
-Retaining wall design
-Shoring design
-Material Testing
-Certification Documents
-Preparation of final easements/encroachments, exhibits and resubdivisions
-Sinkhole, methane mitigation or other unusual soil issues
-Dry utility load calculations
-Design services Transportation Center
-Eagle County grading permits or approvals
-Landscaping and Irrigation design
-Off-site utility improvement design services
-Railroad Pedestrian underpassloverpass design
-Acquiring UPRR Contractor's Right of Entry
-Preparing UPRR permit application (assumed to be done by others)
-Preparing UPRR utility crossing permits
-fees.for design performed by UPRR (end of tie to end of tie)
-UPRR licensing/permitting fees
-UPRR, protective liability insurance coverage
February 2006 16290.a- At-Grade RR Crossings - ToA
E
Memo
11 extremely tight time constraints associated with the PUC Application, Alpine proceeded with
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Enginee
Date: March 8, 2006
Re: Alpine Engineering, Inc. Professional Services Agreement for At- Grade
Railroad Crossing Project
Summary: Alpine Engineering, Inc. submitted the attached Professional Services
Agreement for Design of two At-Grade Railroad Crossings (Exhibit 1) in conjunction with
the PUC Application for the Crossings and Proposed Confluence PUD Amendment. Due to
the design without benefit of formal approval. Railroad Crossing Plans are complete and are
ready for filing with the PUC upon receipt of written confirmation from the PUC that the
crossings have been approved. Remaining work under the proposed agreement includes
preparation of contract documents and job specifications, construction administration and
construction observation. The work will be performed on a time and expense basis in
accordance with the Schedule of Charges. The estimated cost of these services is:
Design At-Grade Crossings $ 14,920.00
Construction Administration $ 8,540.00
Construction Observation $ 9,300.00
Reimbursables (5%) $ 1,638.00
_ Total Estimated-Fee- 34,398.00----
We believe the Agreement accurately reflects the work to be completed and at a reasonable
cost for the services. We recommend approval of the Professional Services Agreement for
At-Grade Railroad Crossing as submitted by Alpine Engineering, Inc.
El
Financial Implications: This Project is funded as a part of the Town Center-
Mall Plan Implementation Project with a Budget of $2,800,000. This work is within the
Project Budget.
1AEngineering\C[P\RR Crossings\2.2 Design Services\AE] Agrnnt MemO.Doc
Recommendation: Approve Professional Services Agreement for At-Grade
Railroad Crossing Project as submitted by Alpine Engineering, Inc.
Town Manager Comments:
Attachments:
Exhibit 1: Alpine Engineering, Inc. Professional Services Agreement
n
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