HomeMy WebLinkAbout09212RESOLUTION NO. 9212
A RESOLUTION DESIGNATING THE QUALIFIED SURVEYING FIRM OF
URS CORPORATION AND APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION AND URS
CORPORATION RELATING TO THE HONOR FARM SURVEY PROJECT
AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME
WHEREAS, the City has received an Open Space grant from Great Outdoors Colorado for
the acquisition and trade of properties in and around the Honor Farm property; and
WHEREAS, as part of the Honor Farm Trade Project, the City is obligated to provide a land
survey of all of the properties involved with the project; and
WHEREAS, the City received and examined Request for Proposals from interested firms to
provide professional surveying services; and
WHEREAS, the Selection Committee has selected the proposal from URS Corporation as
the qualified firm to provide the necessary surveying services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Pueblo, that:
SECTION 1
The proposal submitted by URS Corporation to provide professional surveying services to
the City of Pueblo for the Honor Farm Property Survey project is hereby accepted and approved.
SECTION 2
An agreement dated February 12, 2001 between the City of Pueblo, a Municipal Corporation
and URS Corporation, of which is attached hereto an on file at the office of the City Clerk, having
been approved as to form by the City Attorney, is hereby approved.
SECTION 3
The President of City Council is hereby authorized to execute and deliver the agreement in
the name of the City and to execute all other documents required therefor. The City Clerk is directed
to affix the seal of the City to the Conservation Easement and attest same.
SECTION 4.
Funds up to the amount of $42,000 are hereby appropriated out of Project PL 9901 -Honor
Farm Account for said surveying services.
SECTION 5.
The resolution will become effective upon final passage.
INTRODUCED: February 12, 2001
By: Corinne Koehler
Councilperson
APPROVED: /A �I /14 I I IV
ident of the<ity Council
ATTEST:
T".., .1 Z�t cq_
City Clerk
F 4 7 i
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 7
DATE: February 12, 2001
DEPARTMENT: PLANNING & DEVELOPMENT
TI
A RESOLUTION DESIGNATING THE QUALIFIED SURVEYING FIRM OF URS
CORPORATION AND APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION AND URS CORPORATION RELATING
TO THE HONOR FARM SURVEY PROJECT AND AUTHORIZING THE
PRESIDENT OF COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council designate the survey firm of URS Corporation and approve an
agreement between the City of Pueblo and the said firm for providing the necessary
professional surveying services for the Honor Farm Survey Project?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
At the City Council work session on November 20, 2000, City Council authorized the
City Planning Department to complete steps to prepare a final agreement for the Honor
Farm Trade between the City and Colorado State Parks Department. The land trade will
include property owned by the City that is adjacent to the Honor Farm with Colorado
State Parks owned property that is in the northern portion of the Honor Farm. As part of
this land trade the City is obligated to provide a land survey plat of all of the properties
involved.
On January 19, the City Planning Department received five "Request for Proposals
(RFP)" for providing professional surveying services for surveying the Honor Farm
properties. A three- member review team reviewed the RFP's and made a unanimous
decision to select URS Corporation as the firm most qualified to provide the necessary
surveying services. URS Corporation clearly had significant surveying experience
involving large properties such as the Honor Farm, which consist of over 4,000 acres.
URS Corporation also has the necessary staff to complete the survey between eight and
ten weeks. URS Corporation will provide the City of Pueblo and Colorado State Parks
Department with Land Survey Plats and Improvement Survey Plats for all of the parcels
involved with the land trade. Their Scope of Work is outlined in the attachments to
attached agreement. The Department of Planning and Development will be responsible
for the project administration.
Please Note: The Planning Department only recently forwarded this agreement to the
City Attorney's office for review. At the time of this writing the City Attorney has not yet
had sufficient time to review the agreement and approved as to form. Should there be a
change in the agreement, a substitute copy will be submitted to City Council on February
12, 2001.
FINANCIAL IMPACT
Funds up to the amount of $42,000 for said professional surveying services are available
in Project PL9901 -Honor Farm Account (includes 10% contingency). There is
approximately $232,000 remaining in this project fund balance (of which approximately
$139,000 will come from Great Outdoors Colorado as reimbursement funds and
approximately $93,000 is in the account as City match towards the grant). As part of this
land trade proposal, two of the seven items that the City will be required to provide are:
1. The necessary land survey plats ($42,000); and
2. Provide the Colorado State Parks Department with $220,000 in cash.
In order for the City to provide the $220,000 cash payment to Colorado State Parks
the City will be required to reimburse this project account with approximately
$30,000.
It is important that the City approve this agreement for Professional Surveying Services
so that accurate legal descriptions can be attached to the land trade agreement between
the City and Colorado State Parks Department (to be presented to City Council in the
near future).
ONSCRIPWRON
8415 Explorer Drive, Suite 110
Colorado Springs, CO 80920
(719) 531 -0001
(719) 533 -7889 (fax)
AGREEMENT FOR PROFESSIONAL SERVICES
( "Agreement ")
This agreement between The City of Pueblo , ( "Client ") and URS Corporation, is effective as of February
12, 2001 . The parties agree as follows:
Honor Farm Property Sure Project Number: New
Client Name:
City of Pueblo Project Manager: Randy Hilton
Address:
Department of Planning and Development
211 East D Street
Pueblo, CO 81003
Attention:
Steven Meier
Telephone:
(719) 543 -6006
Fax:
(719) 543 -0572
SERVICES — URS agrees to perform the professional services as described in the attached proposal.
SCHEDULE The Estimated Schedule shall be set forth in the Scope of Work. Because of the uncertainties inherent in
the Services, Schedules are estimated and are subject to revision unless otherwise specifically described herein.
PAYMENT AND EOUITABLE ADJUSTMENTS This is a lump sum Agreement. Payment of $ 38,500.00
URS shall give Client prompt written notice of unanticipated conditions or conditions which are materially different
from those anticipated by URS at the time the lump sum compensation was agreed upon. if Client wishes URS to
proceed, URS' lump sum compensation shall be subject to equitable adjustment for such conditions. Additional
Services due to revisions or additions to the scope will be performed at current rates.
TERMS AND CONDITIONS The terms and conditions of the Agreement are attached, except as expressly modified
herein.
ACCEPTANCE of the terms of this Agreement is acknowledged by the following signatures of the Authorized
R anrvcantntivPc
URS
Signature
Mark Mehalko, Branch Manager
Typed Name/Title
Date of Signature
PSAA DOC 22- AUG -00 - 1 -
L - 1 3 — c ) t
Date of Signature
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AGREEMENT FOR PROFESSIONAL SERVICES
( "Agreement ")
This Agreement between The City of Pueblo, Department of Planning and Development, 211 East D
Street, Pueblo, CO 81003, (719) 543 -6006 phone, (719) 543 -0572 fax , ( "Client') and U RS , a
Colorado corporation; 8415 Explorer Drive, Suite 110, Colorado Springs, CO 80920, (719) 531 -0001
phone, (719) 533 -7889 fax ( "URS "), is effective as of February 12, 2001 . The parties agree as follows:
ARTICLE I — Scope of Services The Scope of Services ( "Services ") is set forth in Exhibit A.
ARTICLE 11 - Payment Payment shall be on a time and materials basis under the Schedule of Fees and
Charges in effect when the Services are performed. Client shall pay undisputed portions of each progress
invoice within thirty (30) days of the date of the invoice. If payment is not maintained on a thirty (30) day
current basis, URS may suspend further performance until payments are current. Client shall notify URS
of any disputed amount within fifteen (15) days from date of the invoice, give reasons for the objection,
and promptly pay the undisputed amount. In the event of a legal action to enforce this agreement or for
invoice amounts not paid, attorneys' fees, court costs, and other related expenses shall be paid to the
prevailing party.
ARTICLE III - Professional Responsibility URS is obligated to, and will comply with applicable
standards of professional care in the performance of the Services. Client will recognize that opinions
relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual
conditions may vary from those encountered at the times and locations where the data are obtained,
despite the use of due professional care.
ARTICLE IV - Responsibility for Others URS shall be responsible to Client for URS Services and the
services of its subcontractors. URS shall not be responsible for the acts or omissions of other parties
engaged by Client nor for their construction means, methods, techniques, sequences, or procedures, or
their health and safety precautions and programs.
ARTICLE V - Risk Allocation The liability of URS, its employees, agents and subcontractors (referred to
collectively in this Article as "URS "), for Client's claims of loss, injury, death, damage, or expense,
including, without limitation, Client's claims of contribution and indemnification, express or implied, with
respect to third party claims relating to services rendered or obligations imposed under this Agreement,
shall not exceed in the aggregate:
(1) The total sum of $1,000,000 for claims arising out of professional negligence, negligence,
breach of contract, or other causes for which URS has any legal liability.
ARTICLE VI - Insurance URS agrees to maintain during the performance of the Services: (1) statutory
Workers' Compensation coverage; (2) Employer's Liability; (3) General Liability; (4) Automobile Liability;
and (5) Professional Liability insurance coverage each in the sum of $1,000,000. Upon City's request,
URS will provide copy of insurance.
ARTICLE VII - Client Responsibility Client shall: (1) provide URS, in writing, all information relating to
Client's requirements for the project; (2) give URS prompt written notice of any suspected deficiency in the
Services; and (3) with reasonable promptness, provide required approvals and decisions. In the event
that URS is requested by Client or is required by subpoena to produce documents or give testimony in any
action or proceeding to which Client is a party and URS is not a party, Client shall pay URS for any time
and expenses required in connection therewith, including reasonable attorney's fees.
ARTICLE Vlll - Force Maieure URS shall not be responsible for damages or delays in performance
caused by force majeure, acts of God, or other events beyond its reversible control.
ARTICLE IX - Right of Entry Client grants to URS, and, if the project site is not owned by Client,
warrants that permission has been granted for, a right of entry from time to time by URS, its employees,
agents and subcontractors, upon the project site for the purpose of providing the Services. Client
recognizes that the use of investigative equipment and practices may unavoidably alter the existing site
conditions and affect the environment in the area being studied, despite the use of reasonable care.
PSA -1.DOC 22- AUG -00 -2-
ARTICLE X - Documents Provided that URS has been paid for the Services, Client shall have the
ownership of and right to use the documents, maps, photographs, drawings and specifications resulting
from URS efforts on the project. Reuse of any such materials by Client on any extension of this project or
any other project without the written authorization of URS shall be at Client's sole risk. URS shall have the
right to retain copies of all such materials. URS retains the right of ownership with respect to any
patentable concepts or copyrightable materials arising from its Services.
ARTICLE XI - Termination Client may terminate all or any portion of the Services for convenience, at its
option, by sending a written Notice to URS. Either party can terminate this Agreement or a Work Order for
cause if the other commits a material, uncured breach of this Agreement or becomes insolvent.
Termination for cause shall be effective twenty (20) days after receipt of a Notice of Termination, unless a
later date is specified in the Notice. The Notice of Termination for cause shall contain specific reasons for
termination and both parties shall cooperate in good faith to cure the causes for termination stated in the
Notice. Termination shall not be effective if reasonable action to cure the breach has been taken before
the effective date of the termination. Client shall pay URS upon invoice for Services performed and
charges incurred prior to termination for Client's convenience, plus reasonable termination charges. In the
event of termination for cause, the parties shall have their remedies at law as to any other rights and
obligations between them, subject to the other terms and conditions of this Agreement.
ARTICLE XII - No Third Party Rights This Agreement shall not create any rights or benefits to parties
other than Client, Colorado Department of State Parks and URS. No third party shall have the right to rely
on URS opinions rendered in connection with the Services without the written consent of URS and the
third party's agreement to be bound to the same conditions and limitations as Client.
ARTICLE XIII - Assignments Neither party to this Agreement shall assign its duties and obligations
hereunder without the prior written consent of the other party.
ARTICLE XIV - Hazardous Substances All nonhazardous samples and by- products from sampling
processes in connection with the Services shall be disposed of by URS in accordance with applicable law;
provided, however, that any and all such materials, including wastes, that cannot be introduced back into
the environment under existing law without additional treatment, and all hazardous wastes, radioactive
wastes, or hazardous substances ( "Hazardous Substances ") related to the Services, shall be packaged in
accordance with the applicable law by URS and turned over to Client for appropriate disposal. URS shall
not arrange or otherwise dispose of Hazardous Substances under this Agreement. URS, at Client's
request, may assist Client in identifying appropriate alternatives for off -site treatment, storage or disposal
of the Hazardous Substances, but URS shall not make any independent determination relating to the
selection of a treatment, storage, or disposal facility nor subcontract such activities through transporters or
others. Client shall sign all necessary manifests for the disposal of Hazardous Substances. If Client
requires: (1) URS agents or employees to sign such manifests; or (2) URS to hire, for Client, the
Hazardous Substances transportation, treatment, or disposal contractor, then for these two purposes,
URS shall be considered to act as Client's agent so that URS will not be considered to be a generator,
transporter, or disposer of such substances or considered to be the arranger for disposal of Hazardous
Substances, and Client shall indemnify URS against any claim or loss resulting from such signing.
ARTICLE XV - Venue In the event of any dispute between the parties to this Agreement, the venue for
the dispute resolution shall be Pueblo County District Court, Pueblo County. The laws of the State of
Colorado shall govern.
ARTICLE XVI - Integrated Writinq and Enforceability This Agreement constitutes the final and
complete repository of the agreements between Client and URS relating to the Services and supersedes
all prior or contemporaneous communications, representations, or agreements, whether oral or written.
Modifications of this Agreement shall not be binding unless made in writing and signed by an Authorized
Representative of each party. The provisions of this Agreement shall be enforced to the fullest extent
permitted by law. If any provision of this Agreement is found to be invalid or unenforceable, the provision
shall be construed and applied in a way that comes as close as possible to expressing the intention of the
parties with regard to the provisions and that saves the validity and enforceability of the provision.
PSA -1.DOC 22-AUG-00 -3-
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EXHIBIT A
Scope of Services
URS prepared the following scope of services to provide the City of Pueblo with quality Land Surveying
services with very competitive fees while meeting an aggressive time schedule. This scope generally
follows a logical path to complete all of the needed services. There will be some degree of overlap with
specific items of our services that will accelerate the project schedule, primarily the aerial photography
section.
1. Title Policy Review Prior to commencing professional services URS will be furnished a Title Policy
for the project boundary that will identify the legal description of the area to be surveyed. After
reviewing the title policy the Project Surveyor will prepare a draft of the project area and submit this
document to the city for review and approval. This will be the working drawing to commence the
field operations portion of this proposal.
2. Property Boundary Reconnaissance. Initial field investigations involve searching for existing
monumentation, primarily section and aliquot corners, along the project boundary and marking the
congers for the field survey operations. Where monumentation is not visible or readily located the
search will continue for adjacent monuments that will provide information to establish the section and
aliqout corner reestablishment. If adjacent property owners approach survey teams, working along
the project boundary, we will identify our assignment and ourselves. If these adjacent property
owners have questions or wish to provide information related to their property line, an appointment
will be made to accept parole (oral) or physical evidence. During this time an extensive search of
monument records, record of surveys and deeds will also be accomplished. We will also identify any
potential conflicts with the boundary monumentation and notify the city as to the extent of the
conflict. Any conflicts will be further defined in the field operations and data reduction portion of
this scope.
3. Establish Aerial Control Points. The details of this topic are further discussed in section b. URS
will contract with an Aerial Photogrammetry company to fly the project area. The subconsultant will
identify the survey control points needed for the photography. The control points will be established
and marked for identification on the contact photography prints. The markings on the control points
will be a white panel creating a "Y" on the ground. Each leg of the "Y" will be approximately 2 feet
wide by b feet long set in non - traffic areas. Weather and vandalism are primary concerns with
maintaining the panel control material. Snow, harsh winds and people removing the material, which
are out of our control, will require URS to reestablish these panel points prior to the photography, this
could result in an additional charge.
4. Field Survey Data Acquisition. We anticipate 90% of the project boundary can be surveyed using
Global Positioning Satellite (GPS) technology. This technology allows rapid data acquisition with
high order of accuracy. A local survey coordinate geometry plan will be established that relates
specifically to this project area. Bearings and distances will relate to actual ground measurements.
URS has numerous sets of GPS equipment and we anticipate using 2 base stations with 4 mobile units
on this project boundary. URS' three (3) survey teams are well schooled in the use and application of
GPS technology. Our survey teams have a team leader that is a Professional Land Surveyor (PLS) or
minimally a certified Surveyor Intern (SI). Ray Pechek PLS, Project Surveyor, has extensive
knowledge in mathematics, GPS, Land Survey principles and the Pueblo area. We will also contract
with Reeves Land Surveying to provide additional support and survey knowledge of the project
boundary. Where GPS technology is not possible we will supplement the data collection with
conventional survey methods using total stations and data collectors that will provide accuracy
compatible with the survey requirements.
5. Survey Data Reduction. GPS and conventional survey data will be downloaded and adjusted using
widely accepted survey software. The data reduction results will meet or exceed the American Land
Title Association (ALTA) requirements for an urban survey. The Project Surveyor (surveyor of
record) conducts the computations, acceptance of found monuments, and location of new monuments.
Once the data reduction phase and PLS review is complete, preliminary results of survey will be
submitted to the city for review and approval. This preliminary plat will delineate the bearings and
distances of each course along with preliminary areas and potential conflicts. URS will make every
effort to resolve any conflicts in the boundary, however, some instances may require petitioning the
Pueblo County Surveyor to resolve the location of any questionable section corner. This process is
unlikely, but could result in some delay to the project schedule.
6. Aerial Photogrammetry. As previously mentioned, URS will contract with an aerial photogrammetry
company to provide planimetric (horizontal) mapping of the project area. This mapping will
delineate existing visible improvements on the ground and will be scaleable to plus or minus 3 feet.
The mapping elements will generally show buildings, substantial walls, power /telephone
poles /towers, roads, and other visible features. This mapping has slight limitations in locating
small/short fences and small features. We do believe this mapping will provide the city with the
improvements requested in the RFP and as discussed in conversations with the Project Manager. This
option was chosen due to three factors; i) reduction in costs, ii) reduction in project schedule, this can
be done concurrently with other phases, and iii) if requested at a later date at an additional fee,
photographic images can be enlarged for planning purposes. This mapping will be a digital line
drawing that will be shown on the survey plat. Again, weather and the potential for snow cover may
affect the schedule of the photography.
7. Land Survey Plat and Improvement Survey Plat We propose to provide an Improvement Survey
Plat to meet the state statutes and rules for all surveyed areas in accordance with the Aerial
Photography detailed in section 6. This drawing will be generated in Softdesk Land Development
Desktop 2000 (LDD2). This drawing will be at a scale of 1 ": 500' with details at a greater scale
where necessary. Prior to issuance and delivery of the survey, URS policies require a rigorous
Quality Assurance /Quality Control (QA/QC) process. A copy of the QA/QC process is available for
your review, if requested. This process involves having an Independent Technical Review (ITR) of
the working drawings prior to preparation of the final survey plat. Once the final survey plat is
prepared another review is initiated to insure the drawing is in conformance with the requirements of
the project. The survey (6 original signed and sealed) will be delivered to the city along with a digital
copy. The survey will also be filed in Pueblo County records of survey. Monumentation, in addition
to the existing monuments, or upgrading of monuments, will be set in the field prior to issuance of the
final survey plat.
8. Schedules and Fees. Attached, for your reference, is a copy of "Time and Materials" rates for this
project. We have estimated the hours and accompanying fees for the project by the sections described
in this scope.
Section Description Hours field
Hours office
1. Title Policy Review 0
24
2. Site Reconnaissance 16
8
3. Aerial Photography and Panels 16
0
4. Field Survey Data Collection 190
12
5. Data Reduction 0
70
6. Survey Plat Preparation 0
40
7. Final Survey and Monumentation24
10
TOTAL HOURS 246
164
Overlapping services were discussed in previous sections, such as aerial photogrammetry. We further
plan on reducing the schedule by breaking down the entire project to specific work areas. This will
allow the field survey data collection and data reduction to be performed concurrently. We anticipate
having the field operations performed in 5 weeks and the final survey ready for recording 3 weeks
after the field operations. We plan for the perfect situation, which seldom occurs due to weather and
Pa
l
review periods; with this in mind we suggest adding 2 weeks to the final survey delivery time. URS
will complete the Scope of Services in ten (10) weeks.
Our fee, based on the proposed scope and schedule, is $38,500. 00 . Should any of the sections or
schedules need refinement or revisions to meet the City's needs, URS will negotiate the services and
fees to be in concert with the City's objectives. This fee also includes providing the digital
information in an Arc View shape files as mentioned in the RFP.
9. Assumptions, Exclusions and Conditions Outlined below are the conditions on which we based our
proposal:
a. The city will furnish the title policies. The time line for schedules will begin at the receipt of
these documents.
b. Right of Entry will be processed and completed on schedule by the city for our survey teams.
c. The graphic exhibit furnished with the RFP generally depicts the project survey area, all being
west of Pueblo Boulevard.
d. Only the outer boundaries of contiguous parcels will be monumented.
e. Only the perimeter boundaries of the entire ownership in Westside Addition will be monumented,
individual blocks are considered as being a portion of the larger ownership.
f. The city will furnish URS all plats and other documents related to this project.
g. Fences within 25 feet of the exterior boundary line and major fences within the project area will
be shown. Minor and intermittent fences will not be located.
h. Asphalt or concrete roads and trails will only be shown on the aerial photogrammetry and not
field located. Walks, walls, buildings and visible surface utilities will be shown. Dirt roads and
trails will not be shown. Landscaping, decorative walls and recreational fencing will not be
shown. The primary exterior walls will be shown around the arena area.
i. Water lines will be shown by surface information only. For an additional fee locators will mark
the location and URS will field locate and delineate on the survey.
j. URS will not determine access routes to the out parcels, except for the Adams tract.
k. Each Land and Improvement Survey Plat will contain a certification addressed to the City of
Pueblo and the Colorado State Parks Department in form and substance acceptable to the City.
1
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URS
Colorado Springs
FEE SCHEDULE
2001
Hourly Rates
PRINCIPAL
120.00
PROJECT DIRECTOR
102.00
PROJECT MANAGER / SURVEYOR
78.00
SENIOR ENGINEER
72.00
PLANNER
56.00
ENGINEER
58.00
SR. DESIGN TECHNICIAN
56.00
CAD / TECHNICIAN
48.00
JR. CAD / TECHNICIAN
42.00
SR. PARTY CHIEF
60.00
PARTY CHIEF
45.00
INSTRUMENT MAN
42.00
CLERICAL
32.55