HomeMy WebLinkAbout09150RESOLUTION NO. 9150
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO AND KIRKHAM MICHAEL & ASSOCIATES,
INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH
THE WILLIAM WHITE BOULEVARD EXTENSION STUDY
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
An Agreement dated November 6, 2000, 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 Kirkham Michael & Associate's, Inc., is hereby approved.
SECTION 2
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.
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Funds for said professional services in the amount of $39,477.50 shall be paid from the
Airport 'h cent Sales Tax Fund.
INTRODUCED November 13. 2000
BY: Robert /Qjllin , Z
Council so /
APPROVED J01 11 ` ` i 1
President of City Council
ATTEST:
City Tk
Background Paper for Proposed
Resolution
AGENDA ITEM # 1;�,
DATE: November 13, 2000
DEPARTMENT: PUBLIC WORKS
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO AND KIRKHAM MICHAEL & ASSOCIATES, INC., FOR PROFESSIONAL
SERVICES ASSOCIATED WITH THE WILLIAM WHITE BOULEVARD
EXTENSION STUDY
ISSUE
Should the City Council approve an agreement between the City of Pueblo and Kirkham
Michael & Associates, Inc., for professional engineering services associated with the
William White Boulevard Extension Study.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
This Resolution will authorize a feasibility and alignment study for the extension of
William White Boulevard, from its current terminus at the west boundary of the Airport
Industrial Park to Highway 47. The study will develop four to five conceptual alignment
alternatives and evaluate them for environmental, traffic, drainage, right of way, and
utility requirements. The study will include construction cost estimates for the various
alignment alternatives.
Two public meeting are included in the study, one with representatives of the businesses
at the Airport Industrial Park and another with residents of the area west of and adjacent
to Baculite Mesa Road. The purpose of these meetings will be to gather information on
needs and concerns of the public. The consultant will also gather input from the
Colorado Department of Transportation, PEDCO, Airport Task Force, Transportation
Technical Center, and City and County Public Works staffs. The final report, with
recommendations, will be presented to the City Council and Board of County
Commissioners in June of 2001.
A vicinity map is attached to show the proposed study area.
FINANCIAL IMPACT
The cost of this service will be shared 50150 with Pueblo County. The City's portion
being $39,477.50 will be paid from the Airport 1/2 cent sales tax revenues.
STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT made and entered this 6 day of NovE+KsEr. , W two by and
between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Kte.Kt#aK NGcwm_
professional engineering firm (hereinafter "Engineer ") for Engineer to render certain professional
engineering and related services for Owner in connection with W AM WN vTF BouLeV*.ZD
CX"t6NS�o K ST.��Y , hereinafter referred to as the "Project." 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:
- Study and Report Phase
❑ - Preliminary Design Phase
❑ - 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 its professional consultants) of customary and usual civil,
structural, mechanical and electrical engineering services. Engineer shall also provide any
architectural, landscape architectural and surveying 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. All reproductions of drawings 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.
SECTION 2. ENGINEER SERVICES
2.1 Study and 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 Z copies of the Report and present and review it in person with
Owner.
2.2 Preliminary Design Phase If Engineer is to provide professional services with respect
to the Project during the Preliminary Design Phase, 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 all
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
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will be necessary for the design or construction of Project.
(d) Provide written disclosure to Owner of significant design assumptions and
design risks 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, consultant fees, costs of land
and rights of way, compensation for damages and finance costs, if any.
(f) Engineer shall furnish 20 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 Phase 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 all 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.
(c) Provide technical criteria, written descriptions and design data for Owner's
use, and disclose any significant design risks 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, consultant fees, land and right of way costs, damages and finance costs,
if any.
(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
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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. 20 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.
(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.
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(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 all 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 inspected 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,
as -built drawings, diagrams and charts required by the contract documents, and issuing a certificate
of final completion of the Project.
(1) The Engineer shall if 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.
2.5 Additional Responsibilities This paragraph applies to all phases of Engineer's work.
(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 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 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
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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.
(c) Engineer's professional responsibility shall comply with the 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
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
IN
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.
(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
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policy decision or significant financial impact. A period of 45 days shall be presumed reasonable
for Owner to act with respect to any matter involving policy or significant financial impact.
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 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 40 days of the date of billing, provided
that sufficient documentation has been furnished, and further provided that Owner will not be
required to pay more than 90% of the maximum amount unless the Engineer's services on the Project
phases for which this Agreement is applicable have been completed to Owner's satisfaction and all
required Engineer submittals have been provided.
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, overhead, local telephone
expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar
expenses unless otherwise provided and listed in Appendix B - "Fee Schedule."
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
IM
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 and consultants, or to perform services with that
level of care and skill ordinarily exercised by professional Engineers specializing in the design of
MuN%C.%PA1 1 & tSET IMPIZoVHMewr& , or to perform work in a manner deemed
unsatisfactory 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 as determined
by Owner's Director of Public Works for services satisfactorily performed and reimbursable
expenses reasonably incurred, prior to date of termination.
6.4 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, technical data, and
other documents or instruments procured or 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
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.
7.2 Insurance and Indemnitv
(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
M
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, defend 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
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 K,KrUNA - IA 501 R. PU kK &I
S o�sg SD5, Poe &,, , CD aiop3 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.
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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 Opportunity 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, except for Section 2.5, 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. However, it is the intent of the parties that Section 2.5 of this Agreement not
be severable, and that if any provision of said section be determined to be contrary to law or the
terms of any federal grant, then this entire Agreement shall be void.
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.
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 4 pages.
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Appendix B - "Fee Schedule" consisting of l pages.
Appendix C - "Identification of Personnel, Subcontractors and Task
Responsibility."
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of
the day and year first above written.
CITY O�PPEBLO
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B �__--
President of the City Council
Attest: -- r 1� - —
City Cle
ENGINEER
KtR KM A4A hf=gQkG 4 j . c,
Title: V f fes; ( e"
[SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
Director of nance
APPROVED AS TO FORM:
4 54City Attor
F: \CITY\PUBLIC- W\FORMS \PROFS V CE. WPD -1
APPENDIX `A'
Scope of Work
William White Boulevard Extension Study
for
City of Pueblo
Department of Transportation
And Public Works
and
Pueblo County
Department of Public Works
Submitted by
Kirkham Michael
November 6, 2000
Scope of Work
Project Overview — The City of Pueblo in conjunction with Pueblo County are
proposing contracting of engineering services to conduct a feasibility and alignment
study for the possible extension of William White Boulevard from its current terminus,
west connecting to State Highway 47. William White Boulevard is a minor arterial
roadway within the Pueblo Industrial Park. The limits of the study area will be William
White terminus west to SH47, and between Baculite Mesa and 11 Street. The City and
County desire to have a feasible preferred alignment recommendation completed by June,
2001. The County Commission and City Council will then review this recommendation
for their approval in July, 2001.
Conceptual Design — Kirkham Michael (KM) will develop four to five conceptual
alignment alternatives for the proposed extension of William White Boulevard.
Evaluation criteria will be developed using critical issues from the associated
environmental, traffic, drainage, right -of -way, and utility requirements. The decision
criteria shall also include appropriate roadway design standards and adaptability to future
growth needs. A decision matrix shall be created which combines a list of the
alternatives under consideration with the results of the test with each criterion. The
conceptual design for the roadway alignments, and drainage structures will be completed
sufficiently so that conceptual cost estimates can be developed. The primary objective is
to develop a feasible preferred alignment recommendation clear of any fatal flaws, which
would prevent the actual implementation of the proposed project.
Preliminary Survey — Research and utilize existing topographic, aerial photographic,
and County GIS information covering the project area. Once a preferred alignment has
been chosen, additional field surveys will be performed to develop a base map for
preliminary design.
Preliminary Right -of -Way — Determine the existing rights -of -way from information
available through CDOT and County records. A preliminary ownership map will be
developed showing ownership and relevant easements within the project limits. This
work is not intended to include detailed title searches. Investigate access permit
requirements with CDOT regarding potential roadway connections with SH47.
Utility Investigation — Obtain existing utility location maps from Utility Companies to
determine what utilities are located within the project area. Review utility locations and
types to determine if potential conflicts exist with any alignment alternatives. Physical
locations of utilities through field surveys and title searches on utility easements are not
included as part of this conceptual design phase.
Drainage Analysis — Conduct preliminary drainage analysis to determine conceptual
drainage crossings and structures required for the alignment alternatives. The analysis
will be sufficient enough to identify approximate structure types, sizes and locations of
drainage structures. Results and recommendations will be included as part of the overall
Conceptual Design Report.
Traffic Analysis — Conduct preliminary traffic analyses to determine turning movements
and required geometric configurations at access connections to existing and future
roadways. Obtain available present day and design year traffic volumes for the existing
and planned improvements.
Environmental Investigations —
Archaeology / Paleontology - Gather data and analyze available information to
determine if these resources are present of if there is a high likelihood of these
resources within the project limits. A letter report will be provided detailing the
findings.
Wetlands — A review of the drainage ways or topographically low areas will be
made to determine if any wetlands exist within the project limits. If any wetlands
are present, and estimate of the acreage will be made along with an assessment of
the difficulty they will pose to the project from a Section 404 permitting
perspective. A letter report will be provided detailing the findings.
Initial Geology Investigation — A visual inspection of the project area and
literature search shall be performed to determine possible geologic impacts on the
alternative designs under consideration. A letter report will be provided detailing
the findings.
Threatened and /or Endangered Species (TES) — An initial determination will be
made to ascertain if any TES might occur in this part of Pueblo County based on a
review of Colorado Division of Wildlife and Colorado Natural Heritage Program
TES database. If it is determined any TES might occur, a visual inspection of the
project area shall be performed to determine whether habitat for any of these
species exists in the project area. A letter report will be provided detailing the
findings.
Hazardous Materials — A phase one site assessment will be performed to
determine if any hazardous material sites exist within the limits of the project.
Modified Environmental Site Assessment guidelines of CDOT will be followed and
a brief report completed.
Historical Review — A records review at the State Preservation Office will be
conducted to ensure no historical structures are within the project limits. A letter
report will be provided detailing the findings.
Noise / Air Quality — No noise or air quality impacts are anticipated, therefore,
these two disciplines will not be investigated.
Geotechnical Investigations — The existing pavement section will be used to develop
costs for the conceptual design. A geotechnical investigation will need to be completed
during the preliminary design phase to determine if any unusual subgrade conditions exist
and to design a recommended pavement section.
Public Involvement — Two preliminary meetings are anticipated to gather "needs and
concerns" from those groups most directly effected by the proposed project. One meeting
group will be with representatives of the businesses in the Industrial Park. The other
group will be with subdivision representatives west of and adjacent to Baculite Mesa
Road. No additional formal public presentation meetings are anticipated during this
conceptual study phase. Once a preferred alternate has been selected, one to two public
meetings combined with individual meetings are anticipated to present the proposed
alignment concept.
Concept Design Report — A report will be submitted documenting the analysis process
and developed alternatives. This shall include the preferred concept plan, a summary of
environmental concerns, utility conflicts, drainage, traffic analysis, Right -of -Way and
access requirements, and cost estimates for the various proposed alternatives.
Graphic Displays and Support — Graphics will be provided, as necessary, to present
design concepts and issues for project coordination meetings. This may include photos,
aerial photography, plan view layouts, cross - section typicals, and other displays for visual
presentations at meetings.
Correspondence and Meetings — Progress meetings will be held with City and County
project staff as required (proposed two -week intervals) to coordinate and track work
efforts and resolve problems. A Project Technical Team shall also be assembled to
address coordination and planning issues associated with the various area private and
public agencies. In addition to City and County representatives, key agencies to be
involved include: CDOT, PACOG, PEDCO, Airport Task Force, Industrial Park,
Transportation Technical Center, and Eastwood Heights Subdivision. Progress briefings
shall also be made to Pueblo City Council and the Board of County Commissioners, as
directed by City and County representatives.
APPENDIX 'B'
PROJECT COST WORKSHEET
PROJECT NO: City of Pueblo & Pueblo County
LOCATION: William White Boulevard Extension Study
FIRM NAME: Kirkham, Michael & Associates, Inc., P.C.
NAME OF PREPARER: Timothy D. Eversoll PHONE No. 303 - 694 -2300
SCOPE OF WORK DATE: November 6, 2000
TYPE OF PROPOSAL: 0 Lump Sum 0 Cost Plus Fixed Fee CONTRACT TIME: July 1, 2001
ESTIMATED BEGINNING DATE: November 1, 2000
1. LABOR EXPENSES
2. OTHER DIRECT COSTS (DIRECT NON -LABOR EXPENSES)
Item Estimated Units Unit Rates
Mileage (Auto) 3,000 mile $0.31
Per diem (lodging & meals) 2 per diem $80.00
3. SUBTOTAL
4. OUTSIDE SERVICES
Firm
Smith Environmental
Abel Engineering
Geocal
Total Direct Expenses
(Sum of Sections 1 & 2)
(Subconsultants & Vendors)
Method of Compensation
Specific Rate of Pay
Specific Rate of Pay
Specific Rate of Pay
5. TOTAL CONTRACT COSTS
City of Pueblo Contract Portion
Pueblo County Contract Portion
(Sum of Sections 3 & 4)
Total Outside Services
Total
$1,300.00
19,950.00
23,800.00
7,650.00
5,600.00
6,000.00
0.00
1,500.00
$65,800.00
Estimated Cost
930.00
160.00
$1,090.00
$66,890.00
Cost
$7,745.00
4,320.00
0.00
$12,065.00
$78,955.00
$39,477.50
$39,477.50
I declare that, to the best of knowledge, the statements made on this document are true and complete and that wage rates an
other proposed costs on this contract are accurate and complete and include no unallowable or duplicate costs and that I am
the Vice - President and duly authorized representative of the firm of:
Kirkham. Michael and Associates. Inc.. P.C.
5600 South Quebec Street, Suite 200 D
Greenwood Village, Colorado 80111
Michael E. Kibbee, P.E.
(Typed Name) (Signature)
to Signed)
PECostEstimate.xls 11/06/2000
Hourly
Work
Classification
Rate
Hours
Principal
$130.00
10
Project Manager
$105.00
190
Engineer IV
$85.00
280
Engineer III
$85.00
90
Engineer II
$70.00
80
Engineering Tech
$50.00
120
Survey Manager
$95.00
Clerical
$50.00
30
800
Total Labor Expenses
2. OTHER DIRECT COSTS (DIRECT NON -LABOR EXPENSES)
Item Estimated Units Unit Rates
Mileage (Auto) 3,000 mile $0.31
Per diem (lodging & meals) 2 per diem $80.00
3. SUBTOTAL
4. OUTSIDE SERVICES
Firm
Smith Environmental
Abel Engineering
Geocal
Total Direct Expenses
(Sum of Sections 1 & 2)
(Subconsultants & Vendors)
Method of Compensation
Specific Rate of Pay
Specific Rate of Pay
Specific Rate of Pay
5. TOTAL CONTRACT COSTS
City of Pueblo Contract Portion
Pueblo County Contract Portion
(Sum of Sections 3 & 4)
Total Outside Services
Total
$1,300.00
19,950.00
23,800.00
7,650.00
5,600.00
6,000.00
0.00
1,500.00
$65,800.00
Estimated Cost
930.00
160.00
$1,090.00
$66,890.00
Cost
$7,745.00
4,320.00
0.00
$12,065.00
$78,955.00
$39,477.50
$39,477.50
I declare that, to the best of knowledge, the statements made on this document are true and complete and that wage rates an
other proposed costs on this contract are accurate and complete and include no unallowable or duplicate costs and that I am
the Vice - President and duly authorized representative of the firm of:
Kirkham. Michael and Associates. Inc.. P.C.
5600 South Quebec Street, Suite 200 D
Greenwood Village, Colorado 80111
Michael E. Kibbee, P.E.
(Typed Name) (Signature)
to Signed)
PECostEstimate.xls 11/06/2000
APPENDIX "C'
ENGINEERING CONSULTANT SERVICES
for
and
PUEBLO COUNT
M KIRKHAM
MICHAEL
CONSULTING ENGINEERS
WILLIAM WHITE BOULEVARD EXTENSION STUDY
ORGANIZATION CHART
CITY OF PUEBLO
QUALITY CONTROL /ASSURANCE
Raymond Brown, P.E., P.L.S.
KIRKHAM MICHAEL
PROJECT MANAGER
Ken Conyers, P.E.
KIRKHAM MICHAEL
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Jv JaE V 0 C O
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,# 18 r 66 #,
. .BLS'�e551 f'TEGHNO, OV. •
PRINCIPAL -IN- CHARGE
Michael Kibbee, P.E.
KIRKHAM MICHAEL
LEAD BRIDGE ENGINEER LEAD HYDROLOGY /HYDRAULICS ENG. LEAD TRAFFIC ENGINEER LEAD ROADWAY ENGINEER
Dan Groeneman, P.E. Roy Fawcett, P.E. Paul Moreau, P.E. Tim Eversoll, P.E.
KIRKHAM MICHAEL KIRKHAM MICHAEL KIRKHAM MICHAEL KIRKHAM MICHAEL
CONSTRUCTION ENGINEER WETLANDS /ENVIRONMENTAL GEOTECHNICAL INVESTIGATION
Rich Weihing, P.E. Peter Smith, APSS, CPESC, NDPSC Ron Vasquez, P.E.
KIRKHAM MICHAEL SMITH ENVIRONMENTAL GEOCAL, INC.
SURVEY
Jeff Bailey, P.E.
AEP
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