HomeMy WebLinkAbout10868RESOLUTION NO. 10868
A RESOLUTION AWARDING A CONSTRUCTION ENGINEERING SERVICES CONTRACT TO
LEVERINGTON & ASSOCIATES, INC., FOR CONSTRUCTION INSPECTION, FIELD
ENGINEERING, AND CONTRACT ADMINISTRATION SERVICES ASSOCIATED WITH THE
CONSTRUCTION CONTRACT FOR THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO PHASE
IIIA -1 IN THE AMOUNT OF $21,250 AND SETTING FORTH $3,750 FOR CONTINGENCIES AND
ADDITIONAL WORK AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME
WHEREAS, proposals for the CONSTRUCTION ENGINEERING SERVICES FOR HISTORIC
ARKANSAS RIVERWALK OF PUEBLO PHASE IIIA -1 have been received and examined, and;
WHEREAS, the proposal of LEVERINGTON & ASSOCIATES, INC., was bid determined to be
most responsible;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1.
A contract for the CONSTRUCTION ENGINEERING SERVICES FOR HISTORIC ARKANSAS
RIVERWALK OF PUEBLO PHASE IIIA -1 be, and the same is hereby awarded to said bidder in the
amount of $21,250.
SECTION 2.
The Purchasing Agent is hereby authorized to execute said contract on behalf of Pueblo, A
Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same.
SECTION 3.
In addition to the amount of the bid set forth, as aforementioned, an additional amount as
stipulated in this section is hereby established for contingencies and additional work.
Contingencies and Additional Work .... $3,750
SECTION 4.
Funds for said project shall be from Capital Project Account Number PWHP07.
INTRODUCED November 27, 2006
BY Randy Thurston
Councilperson
APPROVED:
President of City Council
ATTESTED BY:
CITY CLERK
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 7
DATE: NOVEMBER 27, 2006
DEPARTMENT: PUBLIC WORKS
DIRECTOR — DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION AWARDING A CONSTRUCTION ENGINEERING SERVICES
CONTRACT TO LEVERINGTON & ASSOCIATES, INC., FOR CONSTRUCTION
INSPECTION, FIELD ENGINEERING, AND CONTRACT ADMINISTRATION
SERVICES ASSOCIATED WITH THE CONSTRUCTION CONTRACT FOR THE
HISTORIC ARKANSAS RIVERWALK OF PUEBLO PHASE IIIA -1 IN THE
AMOUNT OF $21,250 AND SETTING FORTH $3,750 FOR CONTINGENCIES AND
ADDITIONAL WORK AND AUTHORIZING THE PURCHASING AGENT TO
EXECUTE THE SAME
ISSUE
Should City Council approve a resolution awarding a construction engineering services
contract to Leverington & Associates, Inc., for work associated with the Historic
Arkansas Riverwalk Project Phase III IA.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
This Project requires a level of inspection that the Public Works Department is unable to
provide at this time. The City has chosen to contract for this professional service and has
solicited bids. Although not the low bidder, Leverington & Associates, Inc., has
demonstrated experience on similar projects.
FINANCIAL IMPACT
Funds for this project will be paid from Project Number PWHP07.
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 27`" day of November, 2006, by and between the City of Pueblo,
a Municipal Corporation ( "Client ") and Leverington & Associates, Inc. (hereinafter referred to as "Consultant ") for
Consultant to render professional construction observation, field engineering and contract administration services for
Client with respect to FY2006 Construction Engineering Services Contract (Project No. 06 — 071) and related ancillary
services, hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the
parties agree as follows:
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(a) Consultant shall satisfactorily perform the professional construction observation, field engineering and
contract administration consulting services for the Project described in more detail in Schedule 1 attached hereto and
incorporated herein by reference (the "Basic Services "). Such services shall include all usual and customary professional
services including any required drafting or design services incidental to the work on the Project.
(b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants,
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.
(c) To the extent Consultant requires access to private property to perform its services hereunder,
Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already
secured access for Consultant to any such property through a right of entry agreement, access agreement, letter ofconsent
or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A
copy of any such instrument will be provided to Consultant upon request.
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 subconsultants and subcontractors, and including
drawings, reports and other services, irrespective of Client's approval of or acquiescence in same.
(b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage to
Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses
Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition
precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or
similar statute, whether now existing or hereafter enacted.
(c) 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 the contract time for completion of his duties is directly linked to the
construction contract for the HARP Phase II 1 A project. Delays in the progress of that project will require adjustments to
the construction engineering services contract. Consultant 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 construction work, the availability of information which must be obtained from any third parties, and all conditions to
access to public and private facilities.
(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 Client 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 Client. 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 Consultant shall be compensated for its direct costs and
professional time at the rates set forth in Schedule 2 attached hereto.
SECTION 3. FEES FOR SERVICES; PAYMENT
(a) Client 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. $21,250, computed as set forth in Schedule 2.
(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 hourly rates and expense
reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate documentation that such
services have been performed and such expenses incurred. Thereafter, Client shall pay Consultant for the amount of the
application within 45 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. No allowance will be
made for any incidental expenses.
(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).
(1) 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. CLIENT'S RESPONSIBILITIES
(a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant
information, surveys, data and previous reports accessible to Client which Consultant may reasonably require.
(b) Client shall designate a Project Representative to whom all communications from Consultant shall be
directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and
make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client as to
matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is the
lesser of $5000 or 5% of the maximum contract price.
(c) Client shall examine all documents presented by Consultant, and render decisions pertaining thereto
within a reasonable time. The Client's approval of any drawings, specifications, 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) Client shall perform its obligations and render decisions within a reasonable time under the
circumstances presented. Based upon the nature of Client 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
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presumed reasonable for Client 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 Client but must be procured from others.
SECTION 5. TERMINATION
(a) Client 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 Client all data, drawings, 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 2 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 Client. 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 Client's Project Representative, then in that event, Consultant's entire right to
compensation shall be limited to the lesser of (a) the reasonable value of completed work or (b) payment at the rates
specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date
of termination.
(d) Consultant's professional responsibility for its completed work and services shall survive any
termination.
SECTION 6. SITE ACCESS
In the event the Project will require access to property not under the control of Client, Consultant and
Consultant =s employees and consultants shall obtain all additional necessary approval and clearances required for access
to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but makes no
warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing, Consultant
understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the
terms and conditions of an access agreement in accordance with section I (c) of this Agreement.
SECTION 7. USE OF DOCUMENTS
(a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by
Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and
Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or
equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings,
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 Client and (ii) in full compliance with the requirements of this Agreement and applicable
federal regulations.
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SECTION 8. INSURANCE AND INDEMNITY
(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.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a
deductible acceptable to Client.
(c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liabilityto third
parties, arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants.
SECTION 9. SUBCONTRACTS
(a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client 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 subconsultants and subcontractors by
subcontract agreement to all ofthe terms of this Agreement which are for the benefit of Client, and Client shall be athird
party beneficiary of those subcontract provisions.
(b) Consultant shall indemnify and defend Client 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 Client 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 Client prior to execution of this
Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel
except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not
assign or reassign Project work to any person to whom Client has reasonable objection.
SECTION 10. REOUIRED FEDERAL PROVISIONS
(a) Consultant understands that Client may be funding the Project in whole or part with funds provided
from the Department of Commerce Economic Development Administration grant under authority of 42 U.S.C. 3121, et.
Seq, as amended by the Economic Development Administration Reauthorization Act of 2004, Pub. L. No. 108 -373.
Consultant agrees it is subject to and shall comply with all applicable provisions of said grant, the Act under which the
grant has been made, and applicable regulations.
(b) Contractor shall comply with all applicable Federal, State, and local laws applicable to its activities
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(c) All records with respect to any matters covered by this Agreement shall be available for inspection by
Client, at any time during normal business hours and as often as Client, 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 Client 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 Client, Attention:
Daniel E. Centa, P.E., Director of Public Works, 211 East D Street, Pueblo, Colorado, or to Consultant at
Robert E. Leverington Jr., President, Leverington & Assosciates, Inc., 517 West 5 ffi Street, Suite 101, Pueblo, CO 81003.
Either parry 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 Client
respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of
either Client 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 Client.
(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 Client in accordance with the
requirements of Section 4(b) of this Agreement or upon authorization of Client'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.
M Equal Employment Opportuniri 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) State - Imposed Mandates Prohibiting Illegal Aliens From Performing Work:
(1) Within 5 business days of contract execution, Consultant shall submit to the Purchasing
Agent of the City its certification that it does not knowingly employ or contract with an
illegal alien and that the Consultant has participated or attempted to participate in the "Basic
Pilot Program" created in Public Law 208, 104`" Congress, as amended and expanded in
Public law 156, 108`" Congress, as amended, that is administered by the United States
Department of Homeland Security.
(2) Consultant shall not:
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(I) Knowingly employ or contract with an illegal alien to perform work under this
contract;
(11) Enter into a contract with a subcontractor that fails to certify to Consultant that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract.
(3) The following state - imposed requirements apply to this contract:
(I) The Consultant shall have verified or attempted to verify through participation in the
Basic Pilot Program that the Consultant does not employ any illegal aliens and, if the
Consultant is not accepted into the Basic Pilot Program prior to entering into this contract,
that the Consultant shall apply to participate in the Basic Pilot Program every three months
until the Consultant is accepted or this Contract has been fully completed, whichever occurs
earlier. This provision shall not be required or effective if the Basic Pilot Program is
discontinued.
(II) The Consultant is prohibited from using the Basic Pilot Program procedures to
undertake pre - employment screening of job applicants while this Contract is being
performed.
(III) If the Consultant obtains actual knowledge that a subcontractor performing work
under this contract knowingly employs or contracts with an illegal alien, the Consultant shall
be required to:
A. Notify the subcontractor and the Engineer within three (3) days that the Consultant
has received such knowledge; and
B. Terminate the subcontract with the subcontractor if within three (3) days of
receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor
does not stop employing or contracting with the illegal alien; except that the Consultant shall
not terminate the contract with the subcontractor if, during such three (3) days, the
subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
(IV) The Consultant is required to comply with any reasonable request by the Colorado
Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the
course of an investigation that CDLE is undertaking pursuant to its authority under §8 -17.5-
]02(5), C.R.S.
(4) Violation of this Section by the Consultant shall constitute a breach of contract and grounds
for termination. In the event of such termination, the Consultant shall be liable for City's
actual and consequential damages.
(h) Severabilitv 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.
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SECTION 12 —ATTACHMENTS
The following schedules are attached and made a part of this Agreement:
Schedule I — Basic Services
Schedule 2 — Fee Proposal
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
B . O
President of the City Council
ATTEST:
A Citerk
CONSULTANT:
By:
' Z 7 )9r(LI t. Ler6R .�aTai J.2.� r,zfs.J
Name:
Title:
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SCHEDULE 1 — SCOPE OF WORK
The Scope of Work shall consist of the following:
Value engineering review of the plans and specifications prior to construction
Periodic site visits to ensure all construction conforms to the contract documents
and standards of workmanship
Attend pre - construction meeting, weekly progress meetings and other meetings
as scheduled
Review and processing of submittals
Daily documentation of work progress using daily diaries, daily photographs,
measurements and sketches of existing conditions, unexpected conditions,
assisting contractor with determination of limits of removals, verifying compliance
with traffic control plan, preparation of correspondence, etc.
Review of contractor's pay requests and preparation of progress payments
Review of contractor's change order requests and preparation of change orders
Weekly progress reports (oral and written) to City Staff
Assist design engineer /architect with minor field modifications necessary for any
revisions, clarifications or omissions to the contract documents
Prepare detailed accurate as -built drawings and final construction report and
deliver five (5) copies to City
Final Construction Report
SCHEDULE 2 — FEE PROPOSAL
The Resident Project Representative (RPR) base hourly fee for this contract is
$85.00 per hour. The total fee, based upon 250 hours of the RPR is not
expected to exceed $21,250.00 (250 hours X $85 per hour = $ 21,250.00). If
additional services are required, actual costs will be invoiced using the following
fee schedule:
Principal Engineer /Surveyor $100 /hour
Resident Project Representative (PE) $85 /hour
Project Surveyor (PLS) $85 /hour
Project Engineer II $75 /hour
Project Engineer I $70 /hour
CADD Drafter $60 /hour
Construction Observer $65 /hour
Survey Crew (1- person) $100 /hour
Survey Crew (2- person) $125 /hour
Clerical Assistant $60 /hour
GPS Equipment $25 /receiver per hour
Outside materials, supplies & services Actual Cost + 10%
Sub Consultants Actual Cost + 10%