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HomeMy Public PortalAboutResolution 2012-12-04 Entering into a Contract with JRS Engineering Consultant LLC for Engineering Services TOWN OF FRASER RESOLUTION NO. 2012-12-04 A RESOLUTION ENTERING INTO A CONTRACT WITH JRS ENGINEERING CONSULTANT, LLC. FOR ENGINEERING SERVICES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Manager is hereby authorized to execute a contract with JRS Engineering Consultant LLC. for engineering services with a term to expire December 31, 2013. DULY MOVED, SECONDED, AND ADOPTED THIS 5th DAY OF DECEMBER, 2012. Votes in favor: 7 BOARD OF TRUSTEES OF THE Votes opposed: TOWN O RASER COLORADO Absent: Abstained: BY: 4L'X�� Mayor ATTEST: (SEAL) r>a &LG0 A Town Clerk TRANSMITTAL JRS ENGINEERING CONSULTANT,LLC To: Jeff Durbin, Town Manager Town of Fraser Project Number: PO Box 370 Client Project Number: Fraser CO 80442 Date: November 26 2012 Re: JRS Engineering Consultant 2013 Engineering Services Contract Contents: No.of Description Copies 2 Signed Proposed Engineering Services Contract Notes:Transmitted per the November 26, 2012 email. Please let me know if you have any questions. From: Jim Swanson 6013 E. Briarwood Drive—Centennial, CO 80112 (303) 726-5577 TOWN ENGINEERING SERVICES THIS AGREEMENT, entered into on the day of "012, by the Town of Fraser, Colorado, party of the first part, hereinafter referred to as the "Town", and the firm JRS Engineering Consultant, LLC, party of the second part, hereinafter referred to as the "Engineer". WITNESSETH: That the Town desires the Engineer to serve and act on behalf of the Town as their Town Engineer under the direction and coordination of the Town Manager. That the Town desires the have the Engineer perform professional engineering and planning services during 2013 in connection with roadway improvements, drainage and/or waterway improvements, sanitary sewer collection system improvements, water distribution system improvements, subdivision review, planning, traffic and zoning applications and studies. NOW THEREFORE, in consideration of these premises and the mutual covenants herein contained, the Parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1. HOURLY TOWN ENGINEERING SERVICES For projects on which the scope or the limits of the services cannot be defined in advance, the services performed by the Engineer shall include: a. Attendance at the request of the Town at regular or special meetings of the Town Board, Planning Commission or other organization. b. Conferences with members of the Town staff which are not in connection with fixed scope projects. C. Representing and/or assisting the Town in dealings with the Colorado Department of Transportation, Federal Highway Commission, Colorado Department of Public Health and Environment or other government agencies. d. Miscellaneous surveying services at the request of the Town. e. Miscellaneous drafting services at the request of the Town. f. Miscellaneous planning studies or planning advisory services as requested by the Town. g. Appearance in Court or before the Zoning Board of Appeals. The Town agrees to provide the Engineer any existing records or data on file which assist the Engineer in the performance of any of the services described herein. Page 1 of 6 JRS Engineering Consultant LLC--Town of Fraser Engineering Services 2. FIXED SCOPE PROJECTS For projects on which the scope is fixed and the limits of the project can be defined, the services to be performed by the Engineer may include any or all of the following items as required. a. Field surveys, on-site inventories or data collection. b. Feasibility studies, design studies, planning, traffic or preliminary estimates of cost. C. Preparation of reports or studies. d. Geological surveys or subsurface explorations. e. Design of improvements or facilities. f. Preparation of detailed construction plans. g. Preparation of right-of-way plans and property descriptions. h. Preparation of engineer's estimate of probable construction cost. i. Preparation of construction specifications and contract documents. j. Preparing applications for funds and obtaining permits and approvals from State and Federal agencies. k. Assisting the Town in advertising and awarding construction contracts. I. Inspection of construction. M. Preparation of as-built plans. Prior to commencing with projects in this category, the Engineer shall submit a proposal to the Town, which shall specifically itemize which of the above services are to be performed on the project. Written notice to proceed shall be issued by the Town before services are rendered. ARTICLE II COMPENSATION 1. HOURLY TOWN ENGINEERING SERVICES On all projects where the scope is not fixed or the project limits are not defined as described under Article 1, Item 1, payment shall be made to the Engineer by the Town upon receipt of an itemized invoice showing all labor charges and expenses incurred by the Engineer during the billing cycle. The invoice total shall be the sum of all labor at the hourly labor rates attached as Schedule A, expenses at the rate attached as Schedule A. The Engineer will submit invoices within 20 days after the last day of each month during which services on the Project has been in progress. Payment is due within thirty days after receipt of the Engineer's invoice. 2. FIXED SCOPE PROJECTS On all fixed scope projects as described under Article I, Item 2, compensation shall be made in accordance with the Terms of the individual proposal. Page 2 of 6 JRS Engineering Consultant LLC--Town of Fraser Engineering Services ARTICLE III TIME SCHEDULE On each fixed scope project, the time schedule shall be in accordance with the individual proposal. This contract shall continue in force through December 2013 and may be renewed upon the mutual agreement of both parties upon that date. ARTICLE III MISCELLANEOUS PROVISIONS 1) CHANGE IN SCOPE. The scope of the services described in the proposal for each fixed scope project shall be subject to modification or supplement upon the written agreement of the contracting parties. Any such modifications in the scope shall be incorporated by supplemental agreement. At the time of such modification of scope, equitable adjustments will be made by the parties in the time of performance and the compensation to be paid on the project. 2) CONFERENCES: Representatives of the Town may arrange for such conferences and visits as may be deemed necessary or desirable during the progress of the project. 3) TERMINATION: The Town reserves the right to terminate this Agreement at any time, upon written notice; provided, however, that in any such case, JRS Engineering Consultant, LLC shall be paid the documented value of the services rendered up to the time of termination on the basis of the payment provisions of this Agreement. 4) BINDING UPON SUCCESSORS: This Agreement shall be binding upon the undersigned parties, their successors, partners, assigns, and legal representatives. 5) INSURANCE: During the performance of the Services under this Agreement, the Engineer shall maintain the following insurance: a. General Liability Insurance, with an annual limit of $2,000,000; $1,000,000 per occurrence. b. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. c. Workers' Compensation Insurance in accordance with statutory requirements of Colorado. d. Professional Liability Insurance, with a limit of $2,000,000 annual aggregate; $1,000,000 per occurrence. Engineer shall, upon written request, furnish the Town certificates of insurance. Engineer and Town waive all rights against each other and their directors, officers, partners, principals, commissioners, officials, agents, and employees for damages covered by property insurance during and after the completion of the Services. 6) LIABILITY AND INDEMNIFICATION a. General. Having considered the potential liabilities that may exist during performance of the Services, the benefits of the Project, and the Engineer's Page 3 of 6 JRS Engineering Consultant LLC--Town of Fraser Engineering Services fee for the Services, and in consideration of the promises contained in this Agreement, Town and Engineer agree to allocate and limit such liabilities in accordance with this Article. b. Indemnification. Engineer and Town each agrees to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages and expenses to the extent such claims, losses, damages or expenses are caused by its negligent acts, errors or omissions. In the event such claims, losses, damages or expenses are caused by the joint or concurrent negligence of Engineer and Town, they shall be borne by each party in proportion to its own negligence. c. Employee Claims. Engineer shall indemnify Town against legal liability for damages arising out of claims by Engineer's employees. Town shall indemnify Engineer against legal liability for damages arising out of claims by Town's employees. d. Survival. Upon completion of all Services, obligations and duties provided for in this Agreement; or if this Agreement is terminated for any reason, the terms and condition of this article shall survive. 7) OPINIONS OF COST AND SCHEDULE: Since Engineer has no control over the cost of labor, materials or equipment furnished by others, or over the resources provided by others to meet Project schedules, Engineer's opinion of probable costs and of project schedules shall be made on the basis of experience and qualifications as a professional engineer. Engineer does not guarantee that proposals, bids , or actual Project costs will not vary from Engineer's opinion of probable costs or that actual schedules will not vary from Engineer's projected schedules. 8) REUSE OF DOCUMENTS: All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer pursuant to this Agreement are instruments of service in respect to a Project. They are not intended or represented to be suitable for reuse by Town or others on extensions of a project or on any other project. Any reuse is prohibited without written approval of the Engineer. 9) OWNERSHIP OF DOCUMENTS: Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer as part of the Services shall become the property of the Town, provided, however, that the Engineer shall have the right to their use in its ordinary course of business. Engineer shall retain its rights in its standard drawings details, specifications, data bases, computer software and other proprietary property. 10) ILLEGAL ALIENS: By its signature on this Contract, Consultant certifies that, as of the time of its signature, it does not knowingly employ or contract with any illegal alien who will perform work under this Contract and that, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract, Consultant will participate in the e-verify program or department program, as defined in C.R.S. 8-17.5-101. Consultant agrees that it shall not knowingly employ or contract with any illegal alien to perform work under this Contract; and that it shall not enter into a contract with a subcontractor that fails to certify to Consultant that the subconsultant shall not knowingly employ or contract with any illegal alien to perform work under this contract. Consultant has confirmed Page 4 of 6 JRS Engineering Consultant LLC--Town of Fraser Engineering Services the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the e-verify program or department program, as defined in C.R.S. 8-17.5-101. Consultant shall not use the e-verify program or department program procedures to undertake preemployment screening of job applicants while work under this Contract is being performed. If Consultant obtains actual knowledge that a subconsultant performing work under this Contract knowingly employs or contracts with an illegal alien, Consultant shall: (1) notify the subconsultant and Owner within three days that Consultant has actual knowledge that the subconsultant is employing or contracting with an illegal alien; and (2) terminate the subcontract with the subconsultant if, within three days of receiving the notice required herein, the subconsultant does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with an illegal alien. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. 8-17.5-101(5). If consultant violates a provision of this paragraph, Owner may terminate this Contract for breach of contract. If the Contract is so terminated, Contractor shall be liable for actual and consequential damages to Owner. Contractor understands that, in the event of such a termination, Owner is required to notify the office of the Colorado Secretary of State. IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by their only authorized officers in two counterparts, each of which shall be deemed an original, on the day and year first written. ATTEST: TOWN OFF S E R t Town Clerk r. L Durbin w 'anager ATTEST: JRS ENGI CONSULTANT LLC Ja es R. Swanson, PE rincipal / Registered Agent Page 5 of 6 JRS Engineering Consultant LLC--Town of Fraser Engineering Services SCHEDULE A JRS ENGINEERING CONSULTANT, LLC 2013 HOURLY RATES FOR HOURLY TOWN ENGINEERING SERVICES Classification Rate Principal $ 96.00/hour Technician $ 68.00/hour Clerical $ 43.00/hour Mileage Current IRS Rate Per Diem: Breakfast $ 7.00 Lunch $ 12.00 Dinner $ 15.00 Out-of-Pocket Prints/Copies Cost plus 4% Out-of-Pocket Expenses Cost plus 4% Page 6 of 6