HomeMy WebLinkAbout10352RESOLUTION NO. 10352
A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING
SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND NORTHSTAR
ENGINEERING AND SURVEYING, INC., RELATING TO THE NORTH SANTA FE AVENUE
IMPROVEMENT PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, proposals for professional engineering services have been received and
examined and the proposal of NorthStar Engineering and Surveying, Inc. of Pueblo, Colorado, was
evaluated and deemed to be the best;
that:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO,
SECTION 1.
The Agreement for Professional Engineering Services dated March 28 2005, between the
City of Pueblo, a Municipal Corporation, and NorthStar Engineering and Surveying, Inc., a copy of
which is attached hereto having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2
The President of the City Council is hereby authorized to execute and deliver said
Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the Seal of the City thereto and attest same.
SECTION 3
Funds not to exceed $48,340.00 for said professional services shall be paid from Project
No. PL0503.
SECTION 4
This resolution shall become effective upon final passage.
INTRODUCED March 28, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PREStDENT 9F CITY CPJPIL
ATTESTED BY:
CITY CLERIC
P7Lr=7
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # L3
DATE: March 28 2005
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
otitil l
A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES BETWEEN PUEBLO, A MUNICIPAL
CORPORATION, AND NORTHSTAR ENGINEERING AND SURVEYING, INC.,
RELATING TO THE NORTH SANTA FE AVENUE IMPROVEMENT PROJECT
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE
SAME
ISSUE
Should City Council approve an Agreement between the City of Pueblo and
NorthStar Engineering and Surveying, Inc. for engineering services relating to the
North Santa Fe Avenue Improvement Project?
RECOMMENDATION
Approval of the Resolution
NorthStar Engineering and Surveying, Inc. has been selected from a Request
For Proposals to perform engineering services for the North Santa Fe Avenue
Improvement Project. The Scope of Work includes: 1) Final Design Phase for
the streetscape project from 4th Street to 8th Street on North Santa Fe Avenue; 2)
Construction Documentation and Bidding Phase for the project including the
sanitary sewer replacement from 4 h Street to 6th Street and streetscape
improvements at the intersections of 4 th , 5th, and 6 Street; and 3) Participation in
the Construction Phase.
FINANCIAL. IMPACT
Funds not to exceed the amount of $48,340 are available from Capital Project
No. PI-0503. Funds from the EIAF Grant No. 4726, Downtown Pueblo will pay
for the costs identified in the Agreement.
STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT made and entered this 28`" day of March, 2005 by and between the City
of Pueblo, a Municipal Corporation (hereinafter "Owner ") and NorthStar Engineering and surveying,
Inc., a professional engineering firm (hereinafter "Engineer ") for Engineer to render certain
professional engineering and related services for Owner in connection with the NORTH SANTA FE
AVENUE IMPROVEMENT PROJECT, 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
(X) - Final Design Phase
(X) - Contract Documents and Bidding Phase
(X) - 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 services and the
furnishing (directly or through its professional consultants) of customary and usual civil, structural,
mechanical and electrical engineering, environmental, architectural and planning services. Unless
expressly excepted in Appendix A hereto, Engineer shall also provide any other architectural,
landscape architectural and surveying services incidental 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 (whether furnished directly or through a professional
consultant subcontract) shall be performed under the direction and supervision of a registered
Professional Engineer in good standing and duly licensed to practice in the State of Colorado.
Reproductions of final drawings produced under this Agreement shall be the same as at least one
record set which shall be fiunished to Owner and which shall be signed by and bear the seal of such
registered Professional Engineer.
1.4 Surveying work included within or reasonably contemplated by this Agreement shall
be performed under the Direction and supervision of a registered Professional Land Surveyor in good
standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under
this Agreement shall be signed by and bear the seal of said Professional Land Surveyor.
1.5 Any architectural services provided under this Agreement shall be performed under the
direction and supervision of an architect duly licensed and authorized.
SECTION 2. ENGINEER SERVICES
2.1 Study and Report Phase ffEngineer 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
(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 copies of the Report and present and review it in person with
2.2 Preliminary Design Phase If Engineer is to provide professional services with respell
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 will
be necessary for the design or construction of Project.
(d) Provide written disclosure to Owner of significant design assumptions and
design risks and advantages and disadvantages inherent in or presented by design alternatives, and
make recommendations to Owner based thereon.
(e) Prepare and submit to Owner a preliminary cost estimate for the Project
including construction cost, contingencies, professional compensation, consultant fees, costs of land
and rights of way, compensation for damages and finance costs, if any.
(f) Engineer shall famish 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 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. Final design, including Drawings and Specifications, shall also comply with ADA
Accessibility Guidelines (ADAAG) Manual developed by the U. S. Architectural and Transportation
Barriers Board (1998) or ADA Standards for Accessible Design published at 28 C.F.R. Part 36,
Appendix A, whichever is applicable.
(b) Make reasonable revisions to the Drawings and Specifications requested by
Owner, informing the Owner of any change m 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 and advantages and disadvantages inherent in or presented by
design choices.
(d) Based upon Engineer's best professional judgment, prepare and submit to
Owner a current detailed cost estimate for the Project including construction cost, contingencies,
professional compensation, consultant fees, land and right ofway costs, damages and finance costs, if
any.
(e) Engineer shall furnish ten (10) copies of each above referenced document to
Owner for Owner's use, and shall review same in person with Owner. Additionally, all drawings shall
be provided to the Owner on an electronic information storage compact disc (CD) AutoCADD 2002
format.
2.4 Contract Documents and Bidding Phase If Engineer is to provide professional
services with respect to the Project during the Contract Documents and Bidding Phase, Engineer
shall:
(a) 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.
(b) After review and comment by Owner, prepare and submit final forms of
contract agreement, general and special conditions, bid forms, invitations to bid, information for
bidders, and forms of warranty, together with any Addenda which may be required or appropriate to
correct errors, clarify Drawings or Specifications or advise of changes. Twenty five (25) copies of
these final bid documents shall be furnished to Owner.
(c) 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.
(d) 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.
(e) 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.
2.5 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 ofthe
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.
(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.
6) 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.
2.6 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 ofEngineers work, including that performed by Engineers
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
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) Engineers 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 ofEngineers 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 Engineers 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
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 ".
2.7 Requirements Where Federal Assistance Provided
(Not applicable to this contract)
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 fiunished 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
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. TRAE 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.
53 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 2.6(g).
SECTION 6. TERMINATION
6.1 The Owner reserves the right to terminate this Agreement and Engineer's performance
hereunder, at any time upon written notice, either for cause or for convenience. Upon such
termination, Engineer shall cease all work and stop incurring expenses, and shall promptly deliver to
the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries and all other
information, and materials as Engineer may have accumulated in performing this Agreement, together
with all finished work and work in progress.
6.2 Upon termination of this Agreement for events or reasons not the fault of Engineer,
Engineer shall be paid at the rates specified in Appendix B - "Fee Schedule" for all services rendered
and reasonable costs incurred to date of termination; together with any reasonable costs incurred
within 10 days of termination provided such latter costs could not be avoided or were incurred in
mitigating loss or expenses to Owner or Engineer. In no event shall payment to Engineer upon
termination exceed the maximum compensation provided for complete performance in paragraph 5.1
and Appendix B.
6.3 In the event termination of this Agreement or Engineer's services is for breach of this
Agreement by Engineer, or for other fault of Engineer including but not limited to any failure to
timely proceed with work, or to pay its employees and consultants, or to perform services with that
level of care and skill ordinarily exercised by professional Engineers specializing in the design ofCivil
Engineering and Public Works Improvements, or to perform work in a manner deemed unsatisfactory
by Owner's Director ofPublic 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 ofPublic 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 (a) Ownership of Documents All designs, Drawings, Specifications, technical data,
and other documents or instruments procured or produced by the Engineer in the performance ofthis
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.
(b) Advertising Unless specifically approved in advance in writing by Owner,
Engineer shall not include representations of the Project in any advertising or promotional materials,
except for accurate statements contained in resumes or curriculum vitae of Engineer's employees. V
Engineer wishes to include representations in advertising or promotional materials, it shall submit a
draft of same and printer's proof of the proposed advertising or promotional materials to the Owner
for prior review and shall not publish or distribute same unless written approval of the materials is
first obtained.
7.2 Insurance and Indemnity
(a) Engineer agrees that he has procured and will maintain during the term of this
Agreement, such insurance as will protect him from claims under workers' compensation acts, claims
for damages because of bodily injury including personal injury, sickness or disease or death of any of
his employees or of any person other than his employees, and from claims or damages because of
injury to or destruction of property including loss of use resulting therefrom; and such insurance will
provide for coverage in such amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Engineer shall obtain and keep in
force is as follows:
(i) Workers' Compensation Insurance complying with statutory
requirements in Colorado and in any other state or states where the work is performed.
(ii) Comprehensive General and Automobile Liability Insurance with limits
not less than 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, Six
Hundred Thousand and No /100 Dollars ($600,000.00) 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: Daniel E. Centa, Department ofPublic
Works, 211 E. "D" Street, Pueblo, Colorado, or to the Engineer at Kim Koch, NorthStar Engineering
and surveying, Inc., 111East 5"' Street, Pueblo, Colorado, 81003. 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 Assiens This Agreement shall be binding on the parties hereto and on
their partners, heirs, executors, administrators, successors, and assigns; provided, however, that
neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the
Engineer may be assigned by him without the written consent of the Owner.
7.6 Amendments No amendment to this Agreement shall be made nor be enforceable
unless made by written Amendment signed by an authorized representative of Engineer and by
Owner's Director of Public Works.
7.7 Choice of Law This Agreement shall be governed and interpreted in accordance with
the laws of the State of Colorado.
7.8 Equal Employment 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 Severabdi . 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 ofthe Agreement
enforced. However, it is the intent ofthe parties that Section 2.5 ofthis 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 Avvropriations 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.
7.11 Additional Requirements on Federally Funded Contracts If any of the work to be
performed by Engineer under this Agreement is funded in whole or in part with federal funds, then
this Agreement shall be construed to include all applicable terms required by the federal assistance
agreement and integrated federal regulations. By executing this Agreement, Engineer agrees to be
bound by all such mandatory federal requirements, irrespective of Engineer's actual knowledge or
lack of knowledge of such requirements prior to execution of this Agreement.
7.12 Access to Property Not Under Owner's Control Engineer acknowledges that the
Project may require access to property not under the control of Owner at the time of execution ofthis
Agreement. Engineer and Engineer's employees and consultants shall, at Engineer's expense, obtain
all additional necessary approvals and clearances required for access to such property. Owner shall
assist Engineer in obtaining access to such property at reasonable times but make no warranty or
representation whatsoever regarding access to such property. Engineer understands and agrees that
entry to properties not under Owner's control may require Engineer to comply with the terns of
separate access agreements to be negotiated hereafter with owners of such property.
SECTION 8. DISPUTES
8.1 Any dispute or disagreement between Engineer and Owner arising from or relating to
this Agreement or Engineer's services or right to payment hereunder shall be determined and decided
by the Owner's Director of Public Works whose written decision shall be final and binding unless
judicial review is sought in a Colorado Court of competent jurisdiction pursuant to Rule 106,
C.R.C.P.
8.2 Pending resolution of any dispute or disagreement, or judicial review, Engineer shall
proceed diligently with performance of his work under this Agreement.
SECTION 9. APPENDICES
9.1 The following Appendices are attached to and made a part of this Agreement:
Appendix A - "Scope of Services" consisting of 3 pages.
Appendix B - "Fee Schedule" consisting of 1 page.
Appendix C - "Identification of Personnel, Subcontractors and Task
Responsibility" consisting of 1 page.
SECTION 10. ACCESSIBILITY
The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to
design and construct a facility for first occupancy later than January 26, 1993, that does not meet the
accessibility and usability requirements of the ADA except where an entity can demonstrate that it is
structurally impractical to meet such requirements. The Engineer therefore, will use his or her best
reasonable professional efforts to implement applicable ADA requirements and other federal, state
and local laws, rules codes, ordinances and regulations as they apply to the Project.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of
the day and year first above written.
CITY OF PUEBLO
By � t 'e_
President of th ity Council
ENGINEER
NorthStar Engineering and Surveying, Inc.
By --�'
Kim Kock, P.E., Vice President/Secretary
City '_�- M �� -
a
[SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
&& ��
Director of Finance
APPROVED AS TO FORM:
City Attorney
PES Alternative Form (Rev 3- 21 -05)
SCOPE OF SERVICES - APPENDIX A
SCOPE OF SERVICES AND PROJECT SCHEDULE
SCOPE OF SERVICES
Final Design Phase
Project area limits: North Santa Fe Avenue from north side of a Street to north side of
8' Street.
A. Technical Design Meeting (prior to preparation of Final Design Phase
Documents)
1. Coordinate a public meeting with the Pueblo Downtown Association,
City representatives, utility companies and adjacent property owners.
2. Present current project alternatives and obtain direction regarding final
design alternatives and concepts.
3. Provide graphics and text representing the results of the meeting.
B. Design of Public Right -0f - -Way Improvements (General Scale of 1" = 20'
Horizontal and 1" = 5' Vertical)
1. Roadway Plan and Profiles (at curb and gutter flowlines, street cross
sections where required)
2. Replacement Storm Water Design (including inlets, manholes, laterals
and drain pans)
3. Landscape and Irrigation (with City design input)
4. Landscape Planter Design
5. Utility Location and Coordination (based on utility company records and
field locates)
6. Identify and coordinate technical issues, such as historic elements and
basements under sidewalks. Detailed investigation of existing basements,
including field survey, is required and included within this Scope of
Services.
7. Compliance with regulatory agencies (i.e. ADA)
C. Documents for Replacement of Sanitary Sewer Improvements.
1. Provided by City Wastewater Department (NorthStar shall coordinate
incorporation of documents into construction plans and specifications).
D. Final Plan Review by City Departments (comments to be incorporated into
Construction Documents).
E. Preliminary Opinion of Probable Construction Cost.
F. Public Meeting (for presentation of Final Design)
1. Coordinate a public meeting with the Pueblo Downtown Association,
City representatives, utility companies and adjacent property owners.
Scope of Services, Appendix A, Page I of 3
SCOPE OF SERVICES - APPENDIX A
2. Obtain comments for incorporation into Construction Documents.
G. Deliverables: As listed in the City's "Agreement for Professional Design
Services ".
Construction Documents And Bidding Phase
Construction Documentation shall be prepared for the intersections of 5 Street, 6' Street
and the north side of 0 Street including incidental engineering to match existing conditions.
A. Provide Bid and Construction Ready Drawings and Specifications
1. Cover Sheet
2. Demolition Plan
3. Site Plan/Geometric Plan
4. Grading, Drainage, and Storm Sewer Plan, Storm Sewer Profiles and
Final Drainage Report
5. Sanitary Sewer Replacement Plan and Profiles (provided by City
Wastewater Department)
6. Santa Fe Avenue Plan and Profiles (at curb and gutter flow lines)
7. Landscape and Irrigation Plan and Details
a. The City will provide landscape and irrigation design input to
NorthStar Engineering and Surveying, Inc. for the Final Design
Phase. Landscape and irrigation plans and details will be designed
by the City and prepared/drawn by the Engineer. Referenced
information shall be included in the Construction Documents
Phase of the Scope of Services.
8. Construction Details
9. Specification and Bid Documents including forms as required by funding
agencies (City Standard Format except where otherwise required).
B. Final Plan Review by City Departments (comments to be incorporated in Bidding
Documents
C. Engineer's Opinion of Probable Construction Cost
D. Deliverables: as listed in the "City's Agreement for Professional Design Services
E. Bidding
1. Recommendations regarding pre - qualification of bidders and suppliers
2. Attend pre -bid conference
3. Provide written responses to requests for clarification from bidders
4. Review proposed material alternatives for suitability
5. Review of bids received and recommendation regarding "Award of
Contract"
Scope of Services, Appendix A, Page 2 of 3
SCOPE OF SERVICES - APPENDIX A
Construction Phase
A. Not withstanding in Section 2.5, Construction Phase the Engineer shall attend a
weekly construction progress meeting, site inspection and provide drawings as required
for construction changes if warranted by the Owner. The City may perform the
remainder of Section 2.5, Construction Phase
PROJECT SCHEDULE
Issue Notice to Proceed ...................................... ............................... April 1, 2005
Design Technical Meeting ..... ............................... ...........................April 22, 2005
Complete Final Design Phase ............................... ............................May 23, 2005
Final Public Presentation ....... ............................... ............................May 26, 2005
Complete Plan Reviews by City (2 weeks) .......... ...............................
June 6, 2005
Complete Construction Document Preparation .... ...............................
July 6, 2005
Complete Plan Reviews by City ......................... ...............................
July 12, 2005
BeginAdvertising .............................................. ...............................
July 15, 2005
Pre -Bid Meeting ..... ............................... ...........................July
22, 2005
BidOpening .......................... ............................... .........................
August 2, 2005
Award Construction Contract (issue Notice of Award)- ..............
August 22, 2005
Issue Notice to Proceed.. ........ ..................................................
September 9, 2005
Pre - Construction Conference ................... ...............................
September 12, 2005
Begin Construction .................................. ...............................
September 12, 2005
Complete Construction ............................ ...............................
November 30, 2005
Scope of Services, Appendix A, Page 3 of 3
FEE SCHEDULE - APPENDIX B
NorthStar Engineering and Surveying, Inc. is please to present the following Fee Schedule for
completion of design related services for the North Santa Fe Avenue Improvements Project in
the maximum amount of $48,340.00.
• Final Design Phase Services: ...................................................... $34,280.00
• Construction Documents and Bidding Phase Services: ..... -- ........ $9,240.00
• Construction Phase Services .......................... ............................... $4,920.00
TOTAL 48
SCHEDULE OF STANDARD TIME AND MATERIAL RATES
(Effective March 1, 2004)
OFFICE ENGINEERING AND PLANNING:
Principal....................................................................... ...............................
$
95.00/hr.
Registered Professional Engineer (Project Manager) ..... ...............................
$
75.00/hr.
Licensed Land Surveyor (Project Manager) ................... ...............................
$
70.00/hr.
Registered Architect (Project Manager) .......... ............ ...... — ....... ....... ....
—.— $
75.00/hr.
Project Engineer (En) /Surveyor ( SIT) .......................... ...............................
$
65.00/hr.
Engineer/Planner /Architect ........................................... ...............................
$
55.00/hr.
AutoCAD Technician ..................................................... .. .... .......................
$
50.00/hr.
Accounting................................................................... ...............................
$
45.00/hr.
Clerical......................................................................... ...............................
$
35.00/hr.
Messenger.................................................................... ...............................
$
25.00/hr.
FIELD ENGINEERING AND SURVEYING:
3 -Man Survey Crew ...................................................... ...............................
$125.00/hr.
Overtime Rate .................................................. ...............................
$150.00/hr.
2 -Man Survey Crew
$110.00/hr.
Overtime Rate .................................................. ...............................
$130.00/hr.
1 -Man Survey Crew ...................................................... ...............................
$
80.00/hr.
Overtime Rate .................................................. ...............................
$
95.00/hr.
Construction Manager ................................................... ...............................
$
65.00/hr.
Construction Inspector .................................................. ........ .... ...................
$
55.00/hr.
Survey Crew — Out of Town Drive Time ....................... ...............................
$
80.00/hr.
GPS Equipment: Standard Survey Crew Rate Plus ........ ...............................
$
45.00/hr.
REIMBURSIBLE RATES:
Blueline Prints ............................................................... ...............................
$
0.65 /sq.ft.
MylarPrints ................................................................... ...............................
$
2.60 /sq.ft.
ColorBond .................................................................... ...............................
$
2.00 / sq.ft.
XeroxCopies ................................................................. ...............................
$
0.15 /ea.
Color Copies (8. 5x11) .................................................... ...............................
$
0.50 /ea.
LargeXerox Copies ....................................................... ...............................
$
2.00 /ea.
SUBCONTRACTED EXPENSES AND SPECIAL EQUIPMENT:
Mileage — Trucks and Autos ........................................... ...............................
$
0.40 /mile
Direct Costs plus 15%
NOTE: Rates shown are subject to change in accordance with contract provisions and any one rate can
change without affecting others.
In the event Principals are involved for an extended period on a project, rates charged will be
commensurate with work performed.
Fee Schedule, Appendix B, Page 1 of 1
KEY PERSONNEL & TASK RESPONSIBILITY - APPENDIX C
Key Personnel and Task Responsibility
Project Principal
Project Engineer
Project Architect
CADD Technician
Kim K. Kock, P.E.
Mike Cuppy, E.I.
Robert Tripp, A.I.A.
Dan Ackerman
Administrative Assistant
Cheryl Bowman
Key Personnel and Task Responsibility, Appendix C, Page 1 of 1