HomeMy WebLinkAbout09592RESOLUTION NO. 959
A RESOLUTION APPROVING A PROFESSIONAL
CONSULTING SERVICES AGREEMENT BETWEEN
RECREATION PLANNING & ENGINEERING, INC. AND
THE CITY FOR THE COMPLETION OF DESIGN AND
CONSTRUCTION SERVICES RELATED TO THE
ARKANSAS RIVER FISHERIES HABITAT PROJECT AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL
TO EXECUTE SAME
WHEREAS, the City of Pueblo entered into a Project Cooperation Agreement
with the Department of the Army on April 8, 2002 for the Arkansas River Fisheries
Habitat Project; and
WHEREAS, the City desires to have a fish passage structure designed to
function for both the fishery and for recreational boating passage and a kayak course.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
An Agreement dated May 13, 2002, 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 Recreation Planning and Engineering,
Inc., is hereby approved.
SECTION 2.
Funds for said professional services shall be paid from the Arkansas River
Corridor Legacy Project Account No. AL 0201.
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.
INTRODUCED: May 13, 2002
BY: Al Gurul
C NCILPERSON
APPROVED:
P SIDENT OF CITY COUNCIL
ATTESTED BY:
C CLERK
DATE: MAY 13, 2002
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
TITLE
A RESOLUTION APPROVING A PROFESSIONAL CONSULTING SERVICES
AGREEMENT BETWEEN RECREATION PLANNING & ENGINEERING, INC.,
AND THE CITY FOR THE COMPLETION OF DESIGN AND CONSTRUCTION
SERVICES RELATED TO THE ARKANSAS RIVER FISHERIES HABITAT
PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME
ISSUE
Should City Council approve a Professional Consulting Services Agreement with
Recreation Engineering and Planning, Inc., for the completion of design and
construction services related to the Arkansas River Fisheries Habitat Project?
RECOMMENDATION
Approval of Resolution
BACKGROUND
As part of the Arkansas River Fisheries Habitat Project, the City of Pueblo is
planning to secure design and construction services related to a fish passage
and recreational boating passage structure below the power plant diversion dam
between the West 4 th Street Bridge and Union Avenue within the Arkansas River.
The specific design work is required to enable the fish passage structure to
function for both the fishery, as well as recreational boating passage. Recreation
Planning and Engineering completed a preliminary study in 2001 that identified
the capability of the structure(s) to serve both purposes and be constructed
within the budget of the Fisheries Habitat Project. The design recommendations
from Recreation Planning and Engineering, Inc., will be incorporated within the
final design plans and specifications for the Arkansas River Fisheries Habitat
Project.
FINANCIAL IMPACT
The funds to pay for the consulting services has already been appropriated and
budgeted as part of Ordinance No. 6805 establishing the Arkansas River
Corridor Legacy Project Capital Project Fund. The $34,900 consulting services
fee is included within the in -kind services section of the Project Cooperation
Agreement between the Army Corps of Engineers and the City of Pueblo. The
payment of the consulting services will be credited toward the City's 35%
matching funds for the U.S. Army Corps of Engineers Arkansas River Fisheries
Habitat Project.
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made and entered this 13th day of May, 2002, by, and between
the City of Pueblo, a Municipal Corporation ( "City ") and Recreation Engineering and Planning,
Inc., hereinafter referred to as "Consultant" for Consultant to complete final design and
construction services related to the Arkansas River Fisheries Habitat Project hereinafter referred
to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties
agree as follows:
SECTION 1. GENERAL AND SCOPE OF SERVICES.
(a) Consultant shall satisfactorily perform the professional final design, and construction
phase services for the Project described in more detail in the Proposal for Design and
Construction Administration Services attached hereto as Schedule 1 and incorporated herein by
reference (the 'Basic Services ").
(b) The intent of these services is to provide professional services in cooperation with the
City and the US Army Corps of Engineers to complete final design, and construction phase
services for the Project. The Project location is between the Southern Colorado Power Plant
Diversion structure and Union Avenue. In addition, modifications to the St. Charles Diversion
may be included. Such services shall include all usual and customary professional opinion poll
and survey services incident to its work on the Project.
(c) To the extent Consultant performs any of the Project work through subcontractors,
Consultant shall be and remain as fully responsible for the full performance and quality of
services performed by such subcontractors as it is for services performed directly by Consultant.
(d) This project is based on the conceptual design (see attached Typical Fish Passage
Plan View) of the overall River restoration prepared by the U.S. Army Corps of Engineers and
Tetra -Tech ISG and a preliminary design of whitewater improvements prepared by Recreation
Engineering and Planning.
(e) The final design will include fish passage generally based on the following criteria
considering flows at the Moffat Street gage during the April- November time period. Consultant
shall design recreational use boat passage proposed for incorporation within the fish passage
structures. The following design criteria may be incorporated, but need not be strictly adhered to.
In any event, fish passage will be maintained and the Corps of Engineers shall have final
determination on incorporation of Consultant's designs into the Project.
(i) The fish passage should incorporate a continuous series of pools with
velocity of 0 to 2 ft. /sec. Interconnected with runs /cascades with maximum velocity of 4 to 5
ft. /sec. A few interspersed short cascades (maximum 1 ft. horizontal) with velocity up to 7
ft. /sec. are acceptable.
(ii) The maximum crest differential (drop) at any point I the fish passage should
be 12 inches, and minimum pool size 250 cubic feet.
(iii) Where possible, changes in flow pattern direction and velocity should be
gradual to lead fish from one feature to another (not exceeding 45 degree angle change or 1
ft. /sec per foot velocity change.
(iv) Minimum pool depth should be 3 ft. and all features of the fish passage
should be deep enough so that fish may remain hidden from view (water clarity dependent).
(v) The downstream entrance(s) of the fish passage should be a non - turbulent
pool with a minimum 3 ft. /sec. velocity and located within the thalweg (deepest portion or main
channel) of the river. The entrance(s) should be located as close as possible to areas where fish
congregate below the obstruction and should be at the farthest upstream point available to the
fish. The upstream exit should be located so fish will not readily be swept back downstream
over the obstruction. The exit should open into a sheltered, non- turbulent pool upstream some
distance from the obstacle.
SECTION 2. CONSULTANT'S RESPONSIBILITIES.
(a) Consultant shall be responsible for the professional quality, technical accuracy and
timely completion of Consultant's work, including that performed by Consultant's sub -
consultants and subcontractors, irrespective of City's approval of or acquiescence in same.
(b) Reserved.
(c) Consultant shall be completely responsible for the safety of Consultant's employees
in the execution of work under this Agreement and shall provide all necessary safety and
protective equipment for said employees.
(d) Consultant acknowledges that time is of the essence with respect to the completion
of its services under this Agreement. Consultant represents that Schedule 4 attached hereto is the
schedule by which Consultant proposes to accomplish its work, with time periods for which it
will commence and complete each major work item. Except to the extent the parties agree to
time extensions for delays beyond the control of Consultant, Consultant shall adhere to this
schedule and perform its work in a timely manner so as not to delay City's timetable for
achievement of interim tasks and final completion of Project work. Consultant further
acknowledges that its schedule has accounted for all reasonably anticipated delays, including
those inherent in the availability of tools, supplies, labor and utilities required for the work, and
the availability of information which must be obtained from any third parties.
(e) Before undertaking any work or incurring any expense which Consultant considers
beyond or in addition to the Scope of Work described in Schedule 1 or otherwise contemplated
by the terms of this Agreement, Consultant shall advise City in writing that (i) Consultant
considers the work beyond the scope of this Agreement, (ii) the reasons that Consultant believes
the out of scope or additional work should be performed, and (iii) a reasonable estimate of the
cost of such work. Consultant shall not proceed with any out of scope or additional work until
authorized in writing by City. The compensation for such authorized work shall be negotiated.
SECTION 3. FEES FOR SERVICES: PAYMENT.
(a) City will pay to Consultant as full compensation for all services required to be
performed by Consultant under this Agreement, except for services for additional work or work
beyond the scope of this Agreement, the maximum sum of U.S. $34,900.00 computed as set
forth in Schedule 1.
(b) Consultant shall submit periodic, but not more frequently than monthly, applications
for payment, aggregating to not more than the maximum amount set forth above, for actual
professional services rendered and for reimbursable expenses incurred. Applications for payment
shall be submitted based upon the completed tasks and expense reimbursement provisions set
forth in Schedule 1 attached hereto, and shall contain appropriate documentation that such
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services have been performed and such expenses incurred. Thereafter, City shall pay Consultant
for the amount of the application within 30 days of the date such application is received.
(c) 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 Schedule 1.
(d) No compensation shall be paid to Consultant for services required and expenditures
incurred in correcting Consultant's mistakes or negligence.
(e) Compensation for authorized work beyond the scope of this Agreement shall be
governed by the provisions of Section 2(e).
(f) In the event services under this Agreement are phased and to be performed in more
than one fiscal year or are subject to annual appropriation, Consultant acknowledges that funds
only in the amount of initial appropriation are available and it shall confirm availability of funds
before proceeding with work exceeding initial and subsequent annual appropriations.
SECTION 4. CITY'S RESPONSIBILITIES.
(a) City agrees to advise Consultant regarding City's Project requirements and to provide
all relevant information, surveys, data and previous reports accessible to City which Consultant
may reasonably require.
(b) City shall designate a Project Representative to whom all communications from
Consultant shall be directed and who shall have limited administrative authority on behalf of City
to receive and transmit information and make decisions with respect to the Project. Said
representative shall not, however, have authority to bind City as to matters of governmental
policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is the
greater of $5,000 or 5% of the maximum contract price.
(c) City shall examine all documents presented by Consultant, and render decisions
pertaining thereto within a reasonable time. The City's approval of any design plans and
specifications, questions, reports, documents or other materials or product furnished hereunder
shall not in any way relieve Consultant of responsibility for the professional adequacy of its work.
(d) City shall perform its obligations and render decisions within a reasonable time under
the circumstances presented. Based upon the nature of City and its 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 City 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 Consultant is not
within the custody or control of City but must be procured from others.
SECTION 5. TERMINATION.
(a) City reserves the right to terminate this Agreement and Consultant's performance
hereunder, at any time upon written notice, either for cause or for convenience. Upon such
termination, Consultant and its subcontractors shall cease all work and stop incurring expenses,
and shall promptly deliver to City all data, specifications, reports, plans, calculations, summaries
and all other information, documents and materials as Consultant may have accumulated in
performing this Agreement, together with all finished work and work in progress.
(b) Upon termination of this Agreement for events or reasons not the fault of
Consultant, Consultant shall be paid at the rates specified in Schedule 1 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 Consultant or City. In no event shall payment to Consultant upon
termination exceed the maximum compensation provided for complete performance in Section
3(a).
(c) In the event termination of this Agreement or Consultant's services is for breach of
this Agreement by Consultant, or for other fault of Consultant including but not limited to any
failure to timely proceed with work, or to pay its employees and consultants, or to perform work
according to the highest professional standards, or to perform work in a manner deemed
satisfactory by City's Project Representative, then in that event, Consultant's entire right to
compensation shall be limited to the reasonable value of completed work prior to date of
termination.
(d) Consultant's professional responsibility for its completed work and services shall
survive any termination.
SECTION 6. RESERVED.
SECTION 7. USE OF DOCUMENTS.
Data, design and specifications, reports and all other documents prepared or provided by
Consultant hereunder shall become the sole property of City, subject to applicable federal grant
requirements, and City shall be vested with all rights therein of whatever kind and however
created, whether by common law, statute or equity. City shall have access at all reasonable times
to inspect and make copies of all data, design and specifications, and all other technical data or
other documents pertaining to the work to be performed under this Agreement. In no event shall
Consultant publish work product developed pursuant to this Agreement except (i) with advance
written consent of City and (ii) in full compliance with the requirements of this Agreement and
applicable federal regulations.
SECTION 8. INSURANCE AND IND EMNITY.
(a) Consultant agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from claims Under workers' compensation acts,
claims for damages because of personal injury including bodily injury, sickness or disease or
death of any of its employees or of any person other than its 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 Consultant 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
Six Hundred Thousand and No/100 Dollars ($600,000.00) per person and occurrence
for personal injury, including but not limited to death and bodily injury, and Six
Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property
damage.
(c) The parties to this agreement acknowledge that, with or without the river
modifications to be provided under this agreement, the existence of a boatable river segment
presents the risk of injury or death or property damage to users, who are assuming the inherent
risks associated with whitewater boating/floating and all types of activities which can occur on
2
rivers. As a participant in the modification of the river, Consultant may have a liability exposure
that is disproportionate to the benefits to be obtained by Consultant. Therefore, in addition to and
notwithstanding any other provisions of this agreement, the City agrees, to the extent permitted
by law, to indemnify and hold harmless Consultant, Consultant's employees, and Gary M. Lacy,
individually from and against all damages, liabilities, and/or costs, including reasonable
attorneys' fees and defense costs, arising out of or in any way connected with such liability
exposure or arising from any aspect of the design of the entire project or the designs, plans or
recommendations made or implied by any of the parties involved in this project; provided,
however, that nothing in this paragraph is intended, nor should it be construed, to create or extend
any rights, claims or benefits or assume any liability for or on behalf of any third party, or to
waive any immunities or limitations otherwise conferred under or by virtue of federal or state
law, including but not limited to the Federal Tort Claims Act and the Colorado Governmental
Immunity Act, C.R.S. §24 -10 -101, et. seq., among others.
SECTION 9. SUBCONTRACTS.
(a) City acknowledges that Consultant is the prime contractor and the only party with
whom City has a contractual relationship under this Agreement. To the extent Consultant
performs any Project activities through subconsultants or subcontractors, Consultant shall
contractually bind each of its sub consultants and subcontractors by subcontract agreement to all
of the terms of this Agreement which are for the benefit of City, and City shall be a third party
beneficiary of those subcontract provisions.
(b) Consultant shall indemnify and defend City from all claims and demands for
payment for services provided by subcontractors of Consultant.
(c) Consultant acknowledges that, due to the nature of the services to be provided under
this Agreement, the City has a substantial interest in the personnel and consultants to whom
Consultant assigns principal responsibility for services performed under this Agreement.
Consequently, Consultant represents that it has selected and intends to employ or assign the key
personnel and consultants identified in its proposal submitted to City prior to execution of this
Agreement to induce City to enter this Agreement Consultant shall not change such consultants
or key personnel except after giving notice of a proposed change to City and receiving City's
consent thereto. Consultant shall not assign or reassign Project work to any person to whom City
has reasonable objection.
SECTION 10 REQUIRED FEDERAL PROVISIONS.
(a) Consultant understands that City's funding of Consultant's services is a portion if a
federal project being undertaken by the Secretary of the Army. Accordingly, Consultant
represents that it is aware of and understands its duty to perform all functions and services in
accordance with applicable federal regulations and requirements attached hereto as Schedule 5.
(b) Reserved.
(c) All records with respect to any matters covered by this Agreement shall be available
for inspection by City, the Corps of Engineers, and the Inspector General of each federal
department with an interest in the subject matter of this Agreement, at any time during normal
business hours and as often as City, Corps of Engineers, or such Inspector General deems
necessary, to audit, examine and make excerpts or transcripts of relevant information, and
otherwise to perform its official functions or duties.
SECTION 11. MISCELLANEOUS.
(a) 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 Consultant or City by the other party
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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 City, Attention: Scott Hobson, City of
Pueblo Planning and Community Development Department, 211 East "D" Street, Pueblo,
Colorado 81003, or to Consultant at Recreation Engineering and Planning, 485 Arapahoe
Avenue, Boulder, CO 80302. 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.
(b) Entire Agreement. This instrument contains the entire agreement between
Consultant and City respecting the Project, and any other written or oral agreement or
representation respecting the Project or the duties of either City or Consultant in relation thereto
not expressly set forth in this instrument and its attachments is null and void.
(c) Successors and Assigns. This Agreement shall be binding on the parties hereto and
on their successors and assigns; provided, however, neither this Agreement, nor any part thereof,
nor any moneys due or to become due hereunder to Consultant may be assigned by it without the
written consent of City.
(d) Amendments. No amendment to this Agreement shall be made nor be enforceable
unless made by written amendment signed by an authorized representative of Consultant and by
City in accordance with the requirements of Section 4(b) of this Agreement or upon
authorization of City's governing board.
(e) Choice of Law. This Agreement shall be governed and interpreted in accordance
with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any
breach of this Agreement shall be decided in a state court of competent jurisdiction located in
Pueblo, Colorado.
(f) Equal Employment Opportunity. In connection with the performance of this
Agreement, neither Consultant nor its consultants shall discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, disability or age.
Consultant 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.
(g) Severability. If any provision of this Agreement, except for Section 2, 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 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.
n
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as
of the day and year first above written.
CITY OF PUEBLO, A MUNICIPAL CORPORATION
-ze C
ATTEST: By
President of the City Council
City
CONSULTANT:
Recreation Engineering and Planning, Inc.
By _
Name:
Title:
7
Schedule 1
Arkansas River Fish PassageBoating Access
Pueblo, Colorado
Proposal for Design and Construction Administration
Services
By Recreation Engineering & Planning ( "REP')
April 2002
The following proposal is for design and construction phase services for fish
passage/boating access proposed for the Arkansas River in Pueblo. The intent of these
services is to provide professional services in cooperation with the City and the US Army
Corps of Engineers to complete final design, and construction phase services for the
Arkansas River. The project location is between the Southern Colorado Power Plant
Diversion structure and Union Avenue. In addition, modifications to the St. Charles
Diversion may be included. This project is based on the conceptual design (see attached
Typical Fish Passage Plan View) of the overall River restoration prepared by the USACE
and Tetra -Tech and a preliminary design of whitewater improvements prepared by
Recreation Engineering and Planning. The final design shall include fish passage
generally based on the following criteria considering flows at the Moffat Street gage
during the April- November time period. Consultant shall design recreational use boat
passage proposed for incorporation within the fish passage structures. The following
design criteria may be incorporated, but need not be strictly adhered to. In any event, fish
passage will be maintained and the Corps of Engineers shall have final determination on
incorporation of Consultant's designs into the Project.
It may be possible to incorporate aspects of a recreational use boating passage in
portions of the fish passage that would incorporate features not necessarily
compatible with fish passage specifications, but still providing sufficient area for
both uses to co -exit.
2. The fish passage should incorporate a continuous series of pools with velocity of
0 to 2 ft. /sec. Interconnected with runs /cascades with maximum velocity of 4 to 5
ft. /sec. A few interspersed short cascades (maximum 1 ft. horizontal) with
velocity up to 7 ft. /sec. are acceptable.
3. The maximum crest differential (drop) at any point I the fish passage should be 12
inches, and minimum pool size 250 cubic feet.
4. Where possible, changes in flow pattern direction and velocity should be gradual
to lead fish from one feature to another (not exceeding 45 degree angle change or
1 ft. /sec per foot velocity change.
5. Minimum pool depth should be 3 ft. and all features of the fish passage should be
deep enough so that fish may remain hidden from view (water clarity dependent).
April 2002
Schedule 1
Arkansas River Fish PassageBoating Access
Pueblo, Colorado
6. The downstream entrance(s) of the fish passage should be a non - turbulent pool
with a minimum 3 ft. /sec. velocity and located within the thalweg (deepest portion
or main channel) of the river. The entrance(s) should be located as close as
possible to areas where fish congregate below the obstruction and should be at the
farthest upstream point available to the fish. The upstream exit should be located
so fish will not readily be swept back downstream over the obstruction. The exit
should open into a sheltered, non - turbulent pool upstream some distance from the
obstacle. This proposal is being sent to the City of Pueblo ( "Client "), as
requested.
Work Item Estimated Cost
1. Prepare design details, plan -view modifications, alignment, plan & profile,
rock size, boulder cluster and weir details, quantities, and x- sections $11,600.00
construction notes in MS Word format, and other information on the design
plan. The river segment is located between the West Plains Diversion Dam
and Union St. The USACE and the City will provide all basemapping, utility
locations, land ownership information, surveying, and any other base
information necessary to complete the design. The design will be based on the
preliminary design prepared by Recreation Engineering and Planning and
incorporating the fish passage design criteria listed above. The plan will be
drafted using Microstation or Autocadd 2000 on mylar at the appropriate scale
to be included within the overall bid package. (flood and structural analysis is
not included)
2. Review the design plan and details with the City, USACE, the local paddling
community and others. Make necessary changes as required. (max. 2 $3800.00
meetings)
3. Complete construction bid quantities and any technical specifications
specifically related to the fish passage/boating access improvements for $2,400.00
inclusion within the overall bid document. Aide the USACE with the bid
process such as answering contractor questions and clarifications related to the
whitewater improvements, pre - qualifications, construction timing etc.
4. Review final design and bid document(s) related to the fish passage /boating
access improvements as prepared by the USACE. Provide any comments and $1800.00
changes in a timely manner in Dr. Checks format. All permitting will be the
responsibility of others.
5. Construction phase services to include: attendance to the pre - construction
meeting, construction -phase layout and elevations, construction observation
and documentation at critical times, field engineering and other related
services. The overall project inspection, quantity and quality control, pay
estimate approval, etc. will be the responsibility of the USACE.
$11,400.00
(assumes a 30 calendar
day construction period
with 1/4 construction
inspection time at
$95.00/hr.)
April 2002 2
Schedule 1
Arkansas River Fish Passage/Boating Access
Pueblo, Colorado
Subtotal
$31,000.00
Plus expenses (phone, fax, copies, travel- assumes a total of 8 trips to Pueblo) $3900.00
Total
Indemnification
$34,900.00
The parties to this agreement acknowledge that, with or without the river modifications to
be provided under this agreement, the existence of a boatable river segment presents the
risk of injury or death or property damage to users, who are assuming the inherent risks
associated with whitewater boating/floating and all types of activities which can occur on
rivers. As a participant in the modification of the river, REP may incur liabilities that are
disproportionate to the benefits to be obtained by REP. Therefore, in addition to and
notwithstanding any other provisions of this agreement, the Client agrees, to the fullest
extent permitted by law, to indemnify and hold harmless Gary M. Lacy, REP, and REP's
employees and subconsultants against all damages, liabilities, and /or costs, including
reasonable attorneys' fees and defense costs, arising out of or in any way connected with
any aspect of the entire project or the performance by any of the parties involved in this
project.
Payment
Invoices will be sent every 30 days for work completed plus expenses. Payment is due
within 30 days.
April 2002 3
Schedule 4
Arkansas River Fish PassageBoating Access
Pueblo, Colorado
Design and Construction Administration Time Table
Work Item Estimated Completion Date
Prepare design details, plan -view modifications, alignment, plan &
profile, rock size, boulder cluster and weir details, quantities, and x- June 28, 2002
sections construction notes in MS Word format, and other information
on the design plan. The river segment is located between the West
Plains Diversion Dam and Union St. The USACE and the City will
provide all basemapping, utility locations, land ownership
information, surveying, and any other base information necessary to
complete the design. The design will be based on the preliminary
design prepared by Recreation Engineering and Planning and
incorporating the fish passage design criteria listed above. The plan
will be drafted using Microstation or Autocadd 2000 on mylar at the
appropriate scale to be included within the overall bid package. (flood
and structural analysis is not included)
2. Review the design plan and details with the City, USACE, the local July 12, 2002
paddling community and others. Make necessary changes as required.
(max. 2 meetings)
3. Complete construction bid quantities and any technical specifications
specifically related to the fish passage /boating access improvements July 29, 2002
for inclusion within the overall bid document. Aide the USACE with
the bid process such as answering contractor questions and
clarifications related to the whitewater improvements, pre -
qualifications, construction timing etc.
4. Review final design and bid document(s) related to the fish
passage/boating access improvements as prepared by the USACE. August 23, 2002
Provide any comments and changes in a timely manner in Dr. Checks
format. All permitting will be the responsibility of others.
5. Construction phase services to include: attendance to the pre -
construction meeting, construction -phase layout and elevations,
construction observation and documentation at critical times, field
engineering and other related services. The overall project
inspection, quantity and quality control, pay estimate approval, etc.
will be the responsibility of the USACE.
Between November, 2003 —
May, 2004
(assumes a 30 calendar day
construction period with 1/4
construction inspection time at
$95.00/hr.)