Loading...
HomeMy WebLinkAbout7798RESOLUTION NO. 7796 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO A14D CH2M HILL, FOR PROFESSIONAL SERVICES ASSOCIATED WITH A STORMWATER FUNDING STUDY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: CCrTTnM 1 An Agreement dated January 22, 1996, a copy of which is attached hereto and made a part hereof, after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and CH2M Hill, is hereby approved. cGrTTnnI 9 Funds for said professional services shall be paid from Account No. 041 - 1996- 100 - 000 - 040 -1045. SECTION 3. The President of the City Council is hereby authorized to execute the said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. ATTEST: INTRODUCED January 22 ,1996 By Sarmiel rorsen ino Councilperson APPROVED Presi ent of the Council City Clerk AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made and entered this 22nd day of January, 1996 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and CH2M Hill, a professional engineering and design firm (hereinafter "Engineer ") for Engineer to render certain professional engineering and related services for Owner in connection with a Storm Water Funding Study, hereinafter referred to as the "Project." The Project is further defined in Appendix A. In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL 1.1 Engineer shall satisfactorily perform professional engineering services for all phases of Project indicated below by mark placed in the appropriate box or boxes: [x] - Study and Report Phase [ ] - Preliminary Design (Schematic and Design Development) Phases [ ] - Final Design Phase including preparation of Bid Documents [ ] - Construction Phase Upon completion of any phase, Engineer shall not proceed with work on the next phase, if any, until authorized in writing by Owner to proceed therewith. Such services shall include all usual and customary professional engineering consultation and advice and the furnishing (directly or through professional consultant subcontractors) of customary and usual civil, structural, mechanical and electrical engineering services. Engineer shall also (directly or through subcontractors) provide any architectural and landscape architectural services incident to its work on the Project. 1.2 In performing the professional services, Engineer shall complete the work items described generally in Appendix A - Scope of Services and the items identified in Section 2 of this Agreement which are applicable to each phase for which Engineer is to render professional services. 1.3 Professional engineering services shall be performed under the direction and supervision of a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado. Reproductions of final drawings for construction produced under this Agreement shall be the same as at least one record set which shall be furnished to Owner and which shall be signed by and bear the seal of such registered Professional Engineer. 1.4 Surveying work included within or reasonably contemplated by this Agreement shall be performed under the direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under this Agreement shall be signed by and bear the seal of said Professional Land Surveyor. 1.5 Architectural services shall be performed under the direction and supervision of an architect duly licensed and authorized by law to conduct a practice of architecture in the state of Colorado. SECTION 2. ENGINEER SERVICES 2.1 Study Report Phase If Engineer is to provide professional services with respect to the Project during the Study and Report Phase, Engineer shall: (a) Consult with Owner to determine his requirements for the Project and review available data. (b) Advise Owner as to the necessity of his providing or obtaining from others data or services of the types described in paragraph 2.2(c), and assist Owner in obtaining any such services. (c) Provide special analyses of Owner's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. (d) Identify and analyze requirements of governmental authorities and regulatory agencies involved in approval or permitting any aspect of Project. (e) Provide general economic analysis of Owner's requirements applicable to various alternatives. (f) Prepare a Report with appropriate exhibits indicating clearly the considerations involved and the alternative solutions available to Owner, and setting forth Engineer's findings and recommendations with opinions of probable costs. (g) Furnish 5 copies of the Report and present and review it in person with Owner. 2.2 Preliminary Design (Schematic and Design Development ) Phases If Engineer is to provide professional services with respect to the Project during the Schematic Design and Design Development Phases, Engineer shall: (a) Consult with Owner and determine the general design concept and Project requirements based upon information furnished by Owner as well as any study Report on the Project. (b) Prepare and submit to Owner preliminary design documents consisting of final design criteria, preliminary drawings, an outline of specifications, and written descriptions of -2- significant features of Project. (c) Prepare and submit to Owner a requirements checklist of any subsurface investigation, additional data, permits, or other information and requirements which is anticipated will be necessary for the design or construction of Project. (d) Provide written disclosure to Owner of significant design assumptions, significant risks and advantages /disadvantages inherent in or presented by design alternatives, and make recommendations to Owner based thereon. (e) Prepare and submit to Owner a preliminary cost estimate for the Project including construction cost, contingencies, professional compensation and consultant fees. Cost estimates for land and rights of way, compensation for damages and finance costs, if any, will be provided by the Owner. (f) Engineer shall furnish six (6) copies of each above referenced submittal document to Owner for Owner's use, and shall review same in person with Owner. 2.3 Final Design and Bidding Phas e . If Engineer is to provide professional services with respect to the Project during the Final Design Phase, Engineer shall: (a) After consultation with the Owner, receipt of Owner's selection of any design options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final Drawings showing the scope, extent and character of the work to be performed by contractors, and Specifications describing such work and the requirement therefor. Such plans and Specifications shall comply with applicable building codes and requirements of regulatory agencies having any approval authority. (b) Make reasonable revisions to the Drawings and Specifications requested by Owner, informing the Owner of any change in probable construction costs as a result of such revisions. However, substantial changes in the nature or scope of the Project which are inconsistent with approvals or instructions previously given by the Owner are considered Additional Services for which the Engineer will be compensated according to Paragraph 2.5(g). (c) Provide technical criteria, written descriptions and design data for Owner's use, and disclose any significant risks and advantages /disadvantages inherent in or presented by design choices. (d) Based upon Engineer's best professional judgment, prepare and submit to Owner a current detailed cost estimate for the Project including construction cost, contingencies, professional compensation and consultant fees. Cost estimates for land and right of way costs, damages and finance costs, if any, will be provided by the Owner. -3- (e) Prepare and submit to Owner draft forms of contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, forms of warranty and including any special requirements imposed upon such contracts by any federal or other funding source and by any regulatory agency. In preparing such draft forms, engineer shall consider and incorporate, to the extent both advisable and feasible, owner's standard forms of agreement, warranty, payment and performance bonds, general conditions and selected specifications. (f) After review and comment by Owner, prepare and submit final forms of contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, and forms of warranty, together with any Addenda which may be required or appropriate to correct errors, clarify Drawings or Specifications or advise of changes. One original reproducible copy and 25 useable copies of these final bid documents shall be furnished to Owner. (g) Make recommendations to Owner concerning the need for prequalification of equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in final bid and construction contract documents. (h) Attend a pre -bid conference with bidders to discuss Project requirements and receive requests for clarification, if any, to be answered by Engineer in writing to all plan holders. (i) Consult with and make recommendations to Owner concerning: acceptability of bidders, subcontractors, suppliers, materials, equipment, suitability of proposed "or equals ", amount of bids and any other matter involved in consideration and review of bids and bidders upon which Owner may reasonably request Engineer's advice. 2.4 Construction Phase If Engineer is to provide professional services with respect to the Project during the Construction Phase, after award by the Owner of a general contract or contracts for construction of the Project, Engineer shall: (a) Perform all duties and functions to be performed by Engineer under the terms of the construction contract. (b) Visit the Project site, perform observations as to the progress and quality of the work and advise the Owner as to same. The frequency and level of observation shall be commensurate with the nature of the work and size of the Project, except that any specific provisions set forth in Appendix A - Scope of Services concerning the level of observation shall determine Engineer's obligation concerning level of observation. (c) Make determinations as to whether the work is proceeding in accordance and compliance with the construction contract documents. (d) Promptly advise the Owner in writing of any omissions, substitutions, defects or deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project. -4- (e) Reject any work on the Project that does not conform to the contract documents. (f) On request of the Owner, the construction contractor or any subcontractor on the Project, issue written interpretations as to the Drawings and Specifications and requirements of the construction work. (g) Review shop drawings, samples, product data and other submittals of the contractor for conformance with the design concept of Project and compliance with the Drawings, Specifications and other contract documents, and indicate to Contractor and Owner with respect thereto, any exceptions noted, or modification or resubmittals required. (h) Review all applications of Contractor for payment and in connection with same, issue certificates for payment to the Owner for such amounts as are properly payable under the terms of the construction contract. Each such certificate shall constitute Engineer's representation to Owner that he has visited and reviewed the Project and that to the best of his knowledge, the work for which payment has been sought has been completed by Contractor in accordance with the Drawings, Specifications and other contract documents. (i) Subject to written concurrence by Owner, promptly render a written recommendation to Owner concerning all proposed substitutions of material and equipment. 0) Draft, for Owner's consideration, and offer recommendations upon, all proposed change orders and contract modifications. (k) On application for final payment by the Contractor, make a final inspection of the Project, assembling and delivering to the Owner any written guaranties, instructions manuals, record drawings based on information provided by the Contractor, diagrams and charts required by the contract documents, and issuing a certificate of final completion of the Project. (1) The Engineer shall, if and to the extent so provided in the construction contract, be the interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written request of the Owner or Contractor, the Engineer shall promptly make written interpretations of the contract documents and render written decisions on all claims, disputes and other matters relating to the execution or progress of the work on the Project. The interpretations and decisions of the Engineer shall be final and binding on the Contractor and Owner, unless the Director of Public Works of the Owner shall, within seven calendar days after receipt of the Engineer's interpretation or decision, file his written objections thereto with the Engineer and Contractor. Engineer shall not be liable for results of interpretations or decisions so rendered in good faith. 2.5 Additional Responsibilities This paragraph applies to all phases of Engineer's work. -5- (a) Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of Engineer's work, including that performed by Engineer's consultants and subcontractors, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies caused by Engineer in his work. (b) Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by Engineer's negligent act or omission; except that Engineer hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted. (c) Engineer's professional responsibility shall comply with the generally accepted standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project. (d) Engineer shall be completely responsible for the safety of Engineer's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to Engineer's employees. (e) Engineer acknowledges that, due to the nature of engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Engineer represents that Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility ", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Engineer shall designate in writing a Project representative who shall have complete authority to bind Engineer, and to whom Owner should address communications. (f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Engineer shall submit to Owner for approval a schedule showing the order in which Engineer proposes to accomplish his work, with dates on which he will commence and Mot complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Engineer will not be responsible for delays beyond his control. (g) Before undertaking any work which Engineer considers beyond or in addition to the scope of work and services which Engineer has contractually agreed to perform under the terms of this Agreement, Engineer shall advise Owner in writing (i) that Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule ". SECTION 3. OWNER'S RESPONSIBILITIES 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. -7- (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by Engineer is not within the custody or control of Owner but must be procured from others. SECTION 4. TIME FOR PERFORMANCE Engineer's obligation to render services shall continue for such period of time as may reasonably be required for completion of the work contemplated in Appendix A - Scope of Services and Section 1 of this Agreement. SECTION 5. PAYMENT 5.1 Owner will pay to Engineer as full compensation for all services required to be performed by Engineer under this Agreement, except for services for additional work or work beyond the scope of this Agreement, those maximum amounts set forth in Appendix B - "Fee Schedule" and computed in accordance with this Section. 5.2 Engineer shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount, for actual professional services rendered, and for reimbursable expenses incurred. Such applications shall be submitted with appropriate documentation that such services have been performed and expenses incurred. Thereafter, Owner shall pay Engineer for the amount of the application within 30 days of the date of billing, provided that sufficient documentation has been furnished. 5.3 The rates of compensation for service and for reimbursable expenses to be used with periodic and final payment applications shall be those set forth in Appendix B - "Fee Schedule." 5.4 No separate or additional payment shall be made for profit or overhead. No separate or additional payment shall be made for computer time, secretarial or clerical time or other expenses unless specifically identified as a reimbursable expense item in Appendix B - "Fee Schedule," and made subject to any limitations set forth in paragraph 5.1 above. 5.5 No compensation shall be paid to Engineer for services required and expenditures incurred in correcting Engineer's mistakes or negligence. 5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed by Paragraph 2.5(g). SECTION 6. TERMINATION 6.1 The Owner reserves the right to terminate this Agreement and Engineer's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Engineer shall cease all work and stop incurring expenses, and shall promptly deliver to the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries and all other information, and materials as Engineer may have accumulated in performing this Agreement, together with all finished work and work in progress. 6.2 Upon termination of this Agreement for events or reasons not the fault of Engineer, Engineer shall be paid at the rates specified in Appendix B - "Fee Schedule" for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Owner or Engineer. In no event shall payment to Engineer upon termination exceed the maximum compensation provided for complete performance in paragraph 5.1 and Appendix B. 6.3 In the event termination of this Agreement or Engineer's services is for breach of this Agreement by Engineer, or for other fault of Engineer including but not limited to any failure to timely proceed with work, or to pay its employees, subcontractors or consultants, or to perform services with that level of care and skill ordinarily exercised by professional Engineers specializing in the design of roads, bridge, drainage facilities and water ways, or to perform work in a manner deemed satisfactory by Owner's Director of Public Works, then in that event, Engineer's entire right to compensation shall be limited to the reasonable value of completed work to the Owner for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. 6.5 Engineer's professional responsibility for his completed work and services shall survive any termination. SECTION 7. GENERAL PROVISIONS 7.1 Ownership of Documents All designs, Drawings, Specifications, and other work product produced by the Engineer in the performance of this Agreement shall be the sole property of the Owner and the Owner is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity. The Engineer agrees that the Owner shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data pertaining to the work to be performed under this Agreement. In the event Owner uses the designs, Drawings or Specifications provided hereunder for another project independent from Project, without adaptation and review by Engineer, Owner shall hold harmless and indemnify Engineer from all loss, claims, injury and judgments arising from the use of such designs, Drawings or Specifications for such other project. In the event (i) Owner terminates the services of Engineer prior to completion of final design, and thereafter Owner completes the design and construction of the Project without review and adaptation of the design, Drawings and Specifications by Engineer, or (ii) Owner terminates the services of Engineer after completion of final design and the Owner completes the construction of the Project with modifications to the plans, Drawings and Specifications prepared by Engineer, Owner agrees that it will hold Engineer harmless from all loss, claims, and injury attributable to the completion of design by others or to such modifications from Engineer's final design, Drawings and Specifications. 7.2 Insurance and Indemnity (a) Engineer agrees that he has procured and will maintain during the term of this Agreement, such insurance as will protect him from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any of his employees or of any person other than his employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Engineer shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Four Hundred Thousand and No /100 Dollars ($400,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, Four Hundred Thousand and No /100 Dollars ($400,000.00) per occurrence for property damage, and One Million and No /100 Dollars ($1,000,000.00) for excess umbrella liability. (iii) Professional Liability Insurance in amounts and form, and with a deductible, acceptable to Owner. (c) Engineer agrees to hold harmless and indemnify Owner from and against any liability to third parties, arising out of negligent acts, errors or omissions of Engineer, his employees, subcontractors and consultants. 7.3 Notices Any and all notices or other communications required or permitted by this -10- Agreement or by law to be served on or given to either the Owner or the Engineer by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service when deposited in the United States mail, first -class postage prepaid, addressed to the Owner, Attention: Tom Cvar, Department of Public Works, 211 E. "D" Street, Pueblo, Colorado, or to the Engineer at Attention: Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 7.4 Entire Agreement This instrument contains the entire agreement between the Owner and the Engineer respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either the Owner or the Engineer in relation thereto not expressly set forth in this instrument is null and void. 7.5 Successors and Assigns This Agreement shall be binding on the parties hereto and on their partners, heirs, executors, administrators, successors, and assigns; provided, however, that neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the Engineer may be assigned by him without the written consent of the Owner. 7.6 Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written Amendment signed by an authorized representative of Engineer and by Owner's Director of Public Works. 7.7 Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. 7.8 Equal Employment O12portunitX In connection with the performance of this Agreement, Engineer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Engineer shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. 7.9 Severability If any provision of this Agreement is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. 7.10 Appropriations Subject to execution of this Agreement by the Director of Finance certifying that a balance of appropriation exists and funds are available, the amount of money appropriated for this Agreement is equal to or in excess of the maximum compensation payable hereunder; provided, however, that if construction is phased and subject to annual appropriation, funds only in the amount of initial appropriation are available and Engineer shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. -11- V 7.11 Required Approvals This Agreement shall not be effective until approved by Owner's City Council, and execution by the parties' representatives. 7.12 Access to Property Not Under Owner's Control Contractor acknowledges that the Project may require access to property not under the control of Owner at the time of execution of this Agreement. Contractor and Contractor's employees and consultants shall, at Contractor's expense, obtain all additional necessary approvals and clearances required for access to such property. Client shall assist Contractor in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property. Engineer understands and agrees that entry to properties not under Owner's control may require Engineer to comply with the terms of separate access agreements to be negotiated hereafter with owners of such property. SECTION 8. DISPUTES 8.1 Any dispute or disagreement between Engineer and Owner arising from or relating to this Agreement or Engineer's services or right to payment hereunder shall be determined and decided by the Owner's Director of Public Works whose written decision shall be final and binding unless judicial review is sought in a Colorado Court of competent jurisdiction pursuant to Rule 106, C.R.C.P. 8.2 Pending resolution of any dispute or disagreement, or judicial review, Engineer shall proceed diligently with performance of his work under this Agreement. SECTION 9. APPENDICES 9.1 The following Appendices are attached to and made a part of this Agreement: Appendix A - "Scope of Services" consisting of pages. Appendix B - "Fee Schedule" consisting of pages. Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility" consisting of pages. SECTION 10. OTHER TERMS AND CONDITIONS. 10.1 The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Owner acknowledges that the requirements of the ADA will be subject to various and possibly contradictory interpretations. The Engineer, therefore, will use his or her best reasonable professional efforts to interpret and -12- implement applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project. The Engineer, however, cannot and does not warrant or guarantee that the Owner's Project will comply with interpretations of ADA requirements and /or ADA implementing requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project. 10.2 To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, employees, agents and subconsultants, and any of them, to Owner and anyone claiming by, through or under the Owner, 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 limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty, express or implied, of Engineer or Engineer's officers, directors, employees, agents or subconsultants, or any of them shall not exceed the total amount of one million dollars ($1,000,000.00). IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO By Af ea, a �- Presid t of the City Council Attest: City Cla [SEAL] ENGINEER CH2M HILL By Gam/ Title: - By Title: BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. W - Director of Finance APPROVED AS TO FORM: City Attorney JAMY\PUBLIC WTORMWTR \PESAGREE.WPD -13- Appendix A Scope of Services Stormwater Funding Study City of Pueblo Phase I Summary: An initial presentation to the Infrastructure Committee and two follow -up presentations outlining funding alternatives (total of 3 presentations) at three working meetings in Pueblo. A summary letter report containing the committee's recommendation for the selected funding alternative, the reasoning behind the recommendation, and backup material from the presentations. Description: A presentation at the first meeting which will include an overview of basic concepts of the applicable stormwater funding alternatives for consideration by the Infrastructure Committee. The advantages and disadvantages of each alternative shall be clearly presented as they apply to the needs of the City and County (City and County funding needs and revenue generation capabilities of the alternatives will not be included). A summary of how other cities deal with their stormwater funding needs will be included Presentations at Meetings Two and Three will add more detail to the basic concepts presented in Meeting One and will address questions raised in previous meetings. The objective of Meeting Two will be a preliminary Committee recommendation that will be discussed along with its advantages, disadvantages and additional information needs. The objective of Meeting Three will be to revise and finalize the preliminary recommendation developed in Meeting Two in sufficient detail to allow C112M HILL to draft a letter report. A draft and final letter report summarizing the information presented to the Infrastructure Committee and the Committees' recommended funding alternative and rationale (depending on the alternative chosen, a separate legal opinion could be necessary which is not included in this scope of services). Phase 2 Summary: An initial presentation to the Infrastructure Committee and two follow -up presentations on program costs and a presentation to City Council (total of 4 presentations). A summary letter report containing the Committee Recommendation, the reasoning behind the recommendation, and backup material from the presentations. Description: At Meeting One, present a summary of program costs and initial funding levels necessary to meet those needs. Obtain stormwater program cost information from the City and County. Costs to include existing capital needs, maintenance needs, basin study needs, and major facility needs in developing basins. Major facility needs will be estimated based on experience in Pueblo and other similar cities. Several initial funding levels and associated taxes, fees, and/or charges will be developed based on the funding alternative selected in Phase One. Presentations at Meetings Two and Three will include revisions and additions to the information presented at previous meetings. A preliminary recommendation for the level of funding will be the objective of Meeting Two. The objective of Meeting Three will be to revise and finalize the preliminary recommendation developed in Meeting Two in sufficient detail to allow CH2M HILL to draft a letter report. Meetings Two and Three will also include responses to questions developed during previous meetings. A draft and final letter report summarizing the information presented to the Infrastructure Committee and the Committees' recommended funding levels, approximate charges, and rationale. Approximate charges (taxes, fees, and/or charges) will be average levels for such parcels as single family residential. A summary of Phases I and 2 will be presented to City Council, the content of which will be determined jointly with the Committee. CH2M HILL 3/1/96 2 CH2M HILL 3/1/96 Appendix B Fee Schedule CH2M HILL Budget & Hourly Billing Rates City of Pueblo Stormwater Funding Stud APPROXIMATE HOURS and EXPENSES TASK Sorensen Owsley Computer Graphics Tech. Office Support Total Labor Approx. Expenses TOTAL Billing Rates $98 $109 $68 $45 - Hourly Phase 1 Pre aration for Meeting One 16 6 4 $2,156 $194 $2,350 Presentation & documentation for Meeting One 8 2 $1,002 $90 $1,092 Pre aration for Meeting Two 12 4 4 $1,628 $147 $1,775 Presentation & documentation for Meeting Two 8 $784 $71 $855 Preparation for Meeting Three 12 4 4 $1,628 $147 $1,775 Presentation & documentation for Meeting Three 8 2 $1,002 $90 $1,092 Letter Report 23 8 $2,614 $235 $2,849 Invoicing, coordination, organization, project management 12 8 $1,536 $177 $1,713 Totals 99 4 14 28 $12,350 $1,150 $13,500 Phase 2 Preparation for Meeting One 24 6 4 $2,940 $265 $3,205 Presentation & documentation for Meeting One 8 2 $1,002 $90 $1,092 Preparation for Meeting Two 12 4 4 $1,628 $147 $1,775 Presentation & documentation for Meeting Two 8 $784 $71 $855 Preparation for Meeting Three 12 4 4 $1,628 $147 $1,775 Presentation & documentation for Meeting Three 8 2 $1,002 $90 $1,092 Preparation for Council Presentation 8 3 3 $1,123 $101 $1,224 Council Presentation 6 2 $806 $73 $879 Letter Report 20 8 $2,320 $209 $2,529 Invoicing, coordination, organization, project management 12 8 $1,536 $40 $1,576 Totals 118 6 17 31 $14,769 $1,231 $16,000 Total Phase 1 & 2 i i i i 1 $29,500 2/29/96 Page 1 Pueblo /FEE- PUEB.XLS