06-18-2008 FELSBURG HOLT & ULLEVIG AGREEMENT FOR PROFESSIONAL SERVICESFELSBUIRG
HOLT &
ULLEVI en.gineering paths ff
June 18, 2008
Mr. Justin Hildreth, P.E.
Town Engineer
Town of Avon
400 Benchmark Road
Avon, CO 81620
Re: Agreement for Professional Services
Town of Avon Comprehensive Transportation Plan
Avon Project No. CIP 79106
Dear Mr. Hildreth:
Felsburg Holt & Ullevig is pleased to submit this Agreement for Professional Services to prepare
the Town of Avon Comprehensive Transportation Plan. Our team is excited to have been selected
for this assignment, and we are ready to start on your notice to proceed.
The following attachments define the agreement between the Town of Avon (the Client) and
Felsburg Holt & Ullevig (the Consultant):
Exhibit A - Terms and Conditions for Professional Services:
The attached Terms and Conditions have been extracted from the Request for Proposals
(RFP) issued by the Client on April 24, 2008.
Exhibit B - Scope of Services:
The Scope of Services includes all work tasks and project deliverables as recently
negotiated between the Client and the Consultant.
Exhibit C - Project Schedule:
The Project Schedule identifies major tasks and project milestones for an approximate 11
month period ending in May, 2009.
Exhibit D - Compensation for Services:
The Consultant will be compensated on a "time and materials" basis, not to exceed
$190,858.00. Exhibit D includes a summary table of man-hours and associated costs for
major project tasks, as well as the Consultant's Master Fee Schedule.
6 300 South S~,rac:use `sYwr_~y, Suite 600 Centennial, CO 8011.1 tei .301 2..1,144 fax 303.121,0832
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Mr. Justin Hildreth, P.E.
June 18, 2008
Page 2
We trust this Agreement meets your needs and expectations for this important project. If you have
any questions, please do not hesitate to call. If this Agreement meets your approval, please sign
below where indicated and return a copy for our records.
Sincerely,
Fbg It & Ullevig
Charles M. Buck, PE, PTOE
Senior Transportation Engineer
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day,
2008.
CLIENT:
TOWN OF AVON
Title
CONSULTANT:
FELSBUR, G HOLT & ULLEVIG r
Title`
Address: qfl)i" k- k.D
J G;
Address:6300 S. Syracuse Way. Suite 600
Centennial CO 80111
EXHIBIT A
TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES
2.01 SCOPE OF WORK
The work to be performed consists of the furnishing of all labor, equipment, materials, expertise,
tools, supplies, bonds, insurance, licenses and permits in accordance with the attached detailed
Scope of Work; and performing the tasks necessary to accomplish work items concerning the
design and development of the Transportation Master Plan, unless specifically excluded as
agreed upon by contract negotiations.
2.02 DUTIES OF CONSULTANTS
Consultants shall diligently undertake and perform all work required by the contract. Consultant
agrees to devote the number of persons and level of effort necessary to perform and complete the
work in a timely manner. All work done will be performed to the highest professional standards
and will reflect the thoroughness, attention to detail, and application of knowledge expected of
professional consultants in the field.
2.03 OBTAINING DATA
It shall be the Consultant's sole responsibility to obtain all data necessary to complete the work
in a timely manner. Town shall make any data in its possession that is relevant to Consultant's
activity, available to Consultant upon request. Requests shall specify the type of information
sought, and the period for which the data is required; however, the Consultant may not require
Town to seek reports from other agencies or to prepare original research. It shall be the
Consultant's duty to discover and obtain data, research and reports prepared by public or private
sources other than Town from the custodian. Town does not vouch for the accuracy of any data
other than its own. Data furnished by Town shall be considered accurate only for the purpose for
which it was originally gathered. Consultant shall be solely responsible for any conclusions
drawn from the data. The town shall provide the consultant with the following planning
documents upon award of design contract:
A. Town Center West Investment Plan
B. Town Center East Center Plan (Draft)
C. 2006 Comprehensive Plan
D. 1990 Transportation Plan
E. 1996 Transportation Plan Update
F. Village (at Avon) PUD
G. East Beaver Creek Blvd. Phase 1 Improvements
H. US 6 Corridor Feasibility Study
1. CDOT Traffic Growth Projections
2.04 CHANGES
Town reserves the right to order changes in the work within the general scope of the project. The
project manager or his designee shall order changes in writing. In the event Consultant
encounters circumstances which it believes warrants a change in the price, quality, quantity or
.June 18. 2008 Page I of 9
EXHIBIT A
method of performing work, it shall notify the project manager of the circumstances in writing.
No change in work shall be undertaken until authorized in writing by the Town. Either party
shall be entitled to an equitable adjustment in the contract price for changed work. It shall be
Consultant's sole responsibility to notify the project manager in advance, in writing, of any work
that it considers to be changed or extra. Failure to do so, and to provide and to receive approval
before processing, shall waive any claim for additional payment.
2.05 PERMITS AND RESPONSIBILITIES
Prior to commencing work or performing any phase of the work, Consultant shall, at its expense,
obtain such permits or licenses as may be required by State, Federal, or Local law. Failure to
obtain permits or licenses in a timely manner shall not be grounds to excuse performance or to
extend contract time. In addition, Consultant shall obtain any permission required prior to
entering upon private property to perform any task required. In the event Consultant is denied
access to private property, Consultant shall immediately notify the project manager and give the
location to which access was denied, the name of the person who denied access, the reason
access was denied, the reasons access was sought and any alternative site that may be used for
the same purpose. Town shall thereupon endeavor to assist Consultant in gaining any required.
access.
2.06 CARE OF PUBLIC AND PRIVATE PROPERTY
Consultant shall at his expense carefully protect from injury trees, shrubs, buildings, fences,
utilities, structures, pipes, conduits and personal property, public or private, which may be
affected by the work. Consultant shall be liable for any damage done through its fault or that of
its Subconsultants and shall restore any damaged property to the same or better condition as it
was prior to Consultant's interference.
2.07 PAYMENTS
Consultant shall invoice Town monthly for all work done. Invoices shall itemize the work
accomplished during the payment period by hours of classification and Subconsultant charges to
date of invoice. Approved invoices are paid within thirty days of presentation.
2.08 TERMINATION FOR CONVENIENCE
The Town shall have the right to terminate the contract for convenience at any time prior to
completion. Written notice of such termination shall be mailed to Consultant at its address on file
with the Town. Termination shall be effective ten (1.0) days from the date notice is mailed. Upon
receipt of notice of termination, Consultant shall immediately stop work and terminate all
subcontracts. Upon either termination for convenience or curtailment, Consultant shall be
entitled to receive an amount equal to the cost of work performed to date, including the cost of
terminated subcontracts provided that in no case shall the amount allowed exceed the maximum
contract price plus authorized change
orders.
June 18, 2008 Page 2 of9
EXHIBIT A
2.09 TERMINATION FOR DEFAULT
Upon failure of the Consultant to make satisfactory progress or failure to abide by the terms of
the contract, or to obtain, furnish or keep in force any required permit, license, bond, or
insurance, the Town shall have the right to terminate the contract for default. Written notice of
termination shall be mailed to the Consultant at its address upon the records of the agency.
Notice shall be effective when mailed. Upon receipt of notice, Consultant shall immediately stop
work and relinquish all project files to the Towrn. The Town may thereafter pursue the work or
hire another consultant to do so and charge the excess cost thereof to Consultant.
2.10 DISPUTES
In the event a dispute arises concerning any matter under the contract, the party wishing
resolution of the dispute shall submit a request in writing to the Town Manager. The Town shall
consider the request and respond in writing within ten (10) days giving findings and the reasons
for them. Any person dissatisfied with the findings of the Town Manager may appeal to the
Avon Town Council in writing within ten (10) days. Failure to do so waives any objection. The
Town Council shall consider any matter appealed at a hearing within thirty (30) days. The
decision of the Town shall be final upon matters of fact unless clearly erroneous or procured by
fraud.
2.11 ASSIGNMENT OF CONTRACT
Consultant shall not assign the contract or any moneys to become due hereunder, without prior
written approval of the Town of Avon.
2.12 SUBCONSULTANT
Specialty Subconsultants or subconsultants may be used to perform such work as is customary in
Consultant's profession; however, reports required shall be presented by the Consultant who
shall be liable for any faulty data, errors or omissions contained therein. All subcontracts for
fieldwork shall contain clauses similar in form and substances to the equal opportunity,
termination for convenience, insurance and labor clauses found in this proposal.
2.13 CONSULTANT'S REPRESENTATIVE
Consultant shall designate a member of its staff who is knowledgeable concerning this project
and who has authority to act for the Consultant upon all matters pertaining to this agreement.
Consultant's representative or his designee shall be available by telephone to the Town during
normal business hours (8:00 AM to 5:00 PM, Monday through Friday) for the duration of the
work set forth in this proposal.
June 18, 2008 Page 3 of 9