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HomeMy WebLinkAbout11003RESOLUTION NO. 11003 A RESOLUTION APPROVING AN ENGINEERING SERVICES CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND CTL /THOMPSON, INCORPORATED, A COLORADO CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An Agreement, a copy of which is attached hereto, by and between Pueblo, a Municipal Corporation and CTL /Thompson, Incorporated, A Colorado Corporation, is hereby approved. SECTION 2. Funds for said professional engineering services shall be paid as follows: One -half of total fee, not to exceed $1,500, to be paid from the Land Development Committee of the Pueblo Homebuilders Association. The remainder of the cost, estimated not to exceed $2,000, to be paid from the General Fund Contingency Account 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 Mav 14. 2007 BY Randy Thurston Councilperson APPROVED: a #?ESIDEINTof City Council ATTESTED BY: CITY CLERK f l,1,1160j Background Paper for Proposed RESOLUTION AGENDA ITEM #_I L DATE: MAY 14, 2007 DEPARTMENT: PUBLIC WORKS, DIRECTOR - DANIEL E. CENTA, P.E. TITLE A RESOLUTION APPROVING AN ENGINEERING SERVICES CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND CTL /THOMPSON, INCORPORATED, A COLORADO CORPORATION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve the award of an engineering services contract to CTL /Thompson, Incorporated, a Colorado Corporation for the purpose of reviewing the City's Pavement Design Criteria Manual and Standard Specifications to provide input and professional recommendations related to utility trench compaction, roadway subgrade : evaluation and preparation, and pavement design. RECOMMENDATION Approval of this Resolution BACKGROUND The Pueblo Homebuilders Association (HBA), Land Development Committee (LDC) approached the City requesting several changes to the Standard Specifications and Pavement Design Criteria Manual that hopefully will result in better,quality streets. Prior to the adoption of the proposed changes, it was mutually agreed to solicit a local professional'geotechnical engineering firm for their recommendations. The LDC have pledged to pay for approximately half of the cost of the study. FINANCIAL IMPACT The cost for the study given in the proposal is estimated at between $2,500 to $3,500. The HBA has pledged to pay for up to $1,500, with the remainder of the cost to be paid from the General Fund Contingency Account. Proposal ••• �ii�N�C Q�H b =t�•�i��QO�. March 23, 2007 City of Pueblo Department of Public Works 211 East D Street Pueblo, Colorado 81007 Attention: Mickey Beyer Subject: Engineering Consultation City of Pueblo Pavement Design and Construction Criteria Pueblo, Colorado Proposal No. SC- 07.0041 We understand you are considering revising some of the items in the City of Pueblo Pavement Design Criteria and the Standard Construction Specifications and would like additional input and opinions. This letter outlines our proposed scope of services to provide you with this consultation. We propose to begin the project by reviewing the existing specifications. We will also have representatives from our various offices along the Front Range review the documents. We will compare the details in the specifications to those from other municipalities to highlight similarities and differences. After reviewing the available information, we will prepare a report that will include the general similarities and differences between the specifications from the various municipalities. We will also include our opinions regarding the items of interest specifically indicated by the City of Pueblo. We understand some of the items of interest include staged construction as related to paving, the use of full depth asphalt on various subgrade materials, the potential use of geotextile fabrics beneath pavements, the use of base course beneath curb and gutter, and trench backfll and subgrade preparation criteria. Enclosed is a Service Agreement that outlines our scope of services and fees. We propose providing the investigation and report on a unit rates basis in accordance with the attached Fee Schedule. We estimate our fees will be between $2,500.00 and $3,500.00. To authorize our services, please sign and return one copy of the enclosed Service Agreement. If you have any questions, please call. Very truly yours, CTL THOMP N� Michae N. Lemons P.E. Associate Engineer TA M2 4 1 mil Attachment: Fee Schedule, Service Agreement and General Conditions (2 copies) 4718 N. Elizabeth Street I Suite C -2 I Pueblo, Colorado 81008 Service Agreement CTLITHOMPSON Parties This Agreement is made this 23rd day subsequently referred to as "Client" and CTL I THOMPSON, INC. subsequently referred to as CTL. Project By joining in this Agreement, Client retains CTL to provide consulting services in connection with City of Riphln Pavement Design and ConctruCtinn Crterlia. Pueblo. Colorarin subsequently referred to as "Project ". Client's relationship to the Project is that of Qtµner Scope By this Agreement, the scope of CTL services on the Project is limited to: ENGINEERING CONSULTATION 1. Review the current "Pavement Design Criteria for the City of Pueblo, Colorado" and "Standard Construction Details for the City of Pueblo, Colorado ". Have representatives from our various offices along the Front Range review the documents. 2. Prepare a written report indicating the similarities and differences between the criteria of the various jurisdictions. 3. The report will also include our opinions regarding the items of interest indicated by the City of Pueblo including: a. Staged Construction as related to paving; b. The use of full depth asphalt on various subgrade materials; c. The possible use of geotextiles beneath pavements; d. The use of base course beneath curb and gutter; and, e. Utility trench and pavement subgrade preparation recommendations. 4. Submit three (3) copies of the completed report signed by a Professional Engineer licensed to practice in the State of Colorado. CITY OF PUEBLO PAVEMENT DESIGN AND CONSTRUCTION CRITERIA CTLIT PROPOSAL NO. SC -07 -0041 Service • Agreement CTL I THOMPSON General The attached General Conditions to the Service Agreement are incorporated into and made a part of this Service Conditions Agreement. In case of a conflict or inconsistency between provisions of this Service Agreement (together with the attached General Conditions) and the provisions of any other contract documents, the provisions of the Service Agreement and the General Conditions shall control. Client accepts the attached General Conditions, including the Limitation of Liability, by authorizing CTL to proceed, either verbally or in writing. Fee CTL agrees to provide services covered by this Agreement on a unit rates basis In accordance with the attached Fee Schedule. We estimate our fees will be $2,500.00 to $3,500.00. This quotation is effective provided that CTL receives Client's authorization to proceed within 3 of the date of this proposal. If Project requirements or the subsurface conditions encountered indicate that the scope of services covered by this Agreement should be revised, an additional Service Agreement, Contract Modification, or a written addendum to this Agreement shall be entered into to cover the revised scope and fee. Authorization CTL By Michael N. Lemons, P.E. Title Associate Engineer Date March 23, 2007 Client �� y B Judy P. Weaver Title President of the City Council Date May 14, 2007 1 /07 CITY OF PUEBLO PAVEMENT DESIGN AND CONSTRUCTION CRITERIA CTLIT PROPOSAL NO. SC-07 -0041 General CTLITHOMPSON Conditions Invoices CTL I Thompson, Inc. (CTL) will submit invoices to Client monthly and a final bill upon completion of services. Invoices will show charges for different personnel and expense classifications, a lump sum fee or a percentage of completion, where appropriate. A more detailed separation of charges and back -up data will be provided at Client's request. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. GI @A! is pay R Slop Hight -of -Entry Client will provide for right of entry of CTL and necessary equipment in order to complete the work. While CTL will take reasonable precautions to minimize any damage to the Property, it is understood by Client that in the normal course of work some damage may occur, the correction of which is not part of this Agreement. Utilities Client shall be responsible for designating the location of all utility lines and subterranean structures within the property lines of the Project. CTL will request responsible utilities to locate off -site lines when necessary. Client agrees to hold CTL harmless for damage to utilities or subterranean structures which are not correctly located by Client or the responsible utility. Samples CTL will retain soil and rock samples for 30 days after submitting the report on those samples. Further storage or transfer of samples can be made at Client's expense upon written request. Ownership of The reports, boring or test pit logs, field data, field notes, laboratory test data, calculations, estimates and other Documents documents prepared by CTL, as instruments of service, shall roperty of4 G !a'I7 CTL will retain pertinent records relating to the services performed for a period of 5 years following completion of services hereunder, during which period the records will be made available to Client during regular business hours. Standard of Care Services of CTL under this Agreement will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the locality of the Project. No warranty, express or implied, is made or given. Client recognizes that subsurface conditions may vary from those encountered at the location where borings or test pits, surveys, or explorations are made by CTL and that the data, interpretations and recommendations of CTL are based solely on the information available to it. CTL will be responsible for those data, interpretations and recommendations as indicated above, but shall not be responsible for the interpretation by others of the information developed. Job Site Client agrees that in accordance with generally accepted construction practices, the construction contractor will be required by Client to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including safety of persons and property and construction means, methods, techniques and sequences. Client further agrees to defend, indemnify and hold CTL harmless from any and all liability, real or alleged, in connection with the performance of work on this Project, excepting liability arising directly from the negligence of CTL. Limitation of Liability CTL' s liability for damages to Client due to professional negligence in the performance of services for the project shall be limited to $50,000 or the total fee for the services on the project, whichever is greater. If the Service Agreement, proposal or contract to which these General Conditions are attached provides for the performance of services for multiple building lots or sites, CTL's liability to Client shall be limited to an aggregate amount of $50,000 for all services under such Service_ Agreement, proposal or contract. The limitation in this paragraph shall apply to CTL, its officers, directors, shareholders, agents and employees In the event that Client does not wish to limit CTL's professional liability to $50,000, CTL agrees to increase this limitation to $300,000 upon written notice from Client, and Client agrees to pay an additional consideration of 4% of the total fee for the increase of the liability limit. Page 1 of 2 General Conditions CTLITHOMPSON Insurance CTL represents that it and its employees and consultants retained by it are protected by worker's compensation insurance and that CTL has such coverage under public liability, property damage and professional liability insurance policies as CTL deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon written request. CTL shall in no event be responsible for any loss or damage beyond the amounts, limits and conditions of such insurance. Termination This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform In accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, CTL shall be paid for services performed to the termination notice date plus reasonable termination expenses. Hazardous Materials Client represents that Client has made a reasonable effort to evaluate whether hazardous materials are on or near the project site and has informed CTL of any information or findings relative to the possible presence of such materials. Should unanticipated hazardous materials be discovered in the course of the performance of services under the Agreement such discovery shall constitute a changed condition mandating a renegotiation of the scope of work or termination of services. Should the discovery of unanticipated hazardous materials require CTL to take immediate measures to protect health and safety. Client agrees to compensate CTL for costs incident to taking such measures and for any equipment decontamination or replacement required. CTL agrees to notify Client promptly when unanticipated hazardous materials or suspected hazardous materials are encountered. Client agrees to make any disclosure required by law to appropriate government agencies. Furthermore, Client agrees to defend, indemnify and hold CTL harmless from any and all liability arising from discovery by anyone of unanticipated hazardous materials or suspected hazardous materials. Humidity, Moisture Unless specifically included in the Service Agreement, Proposal or Contract to which these General Conditions are Vapor & Mold attached, services intended to control humidity, moisture vapor and mold are expressly excluded from the Agreement. Client recognizes that the growth of mold, some of which may be harmful to human health, can be caused or exacerbated by conditions which occur inside or outside habitable structures. If Client desires to obtain services intended to control humidity, moisture vapor and mold in crawlspaces or below structural floors, CTL can provide such services. Client may obtain such services from any source Client deems appropriate. If such services are not expressly undertaken by CTL, however, Client agrees to indemnify, defend and hold CTL harmless from any and all claims alleging that CTL caused, contributed to, or failed to prevent injury and damage related to the occurrence or existence of humidity, moisture vapor or mold. Applicable Law The law of the State of Colorado shall govern the validity of this Agreement, including these General Conditions, and its interpretation and performance. Entire Agreement These General Conditions shall be used in combination with a Service Agreement. a proposal, or a contract. These combined documents shall be the entire Agreement and shall supercede any other agreement between Client and CTL relating to the subject matter thereof. In case of a conflict or inconsistency between these General Conditions and any other contract documents, these General Conditions shall control. Page 2 of 2 FEE SCHEDULE EFFECTIVE MARCH. 2006 CTLITHOMPSON Personnel Expert uuote on request Field Investigation Services Construction Observation and Testing Services* Concrete Test M oisture Emissions Testing _._.. ou r nour Moisture Kit 30/each Shotcrete includes Preparation and Report (set of 5) _ 265 / set Floor Flatness (Fr and — and /or 10 Foot Str aightedge) 80 / hour Reinforcern Placement Observation 55 / hour Masnnry Snacinl Insnection 55 / hour Proof Load Or Ancnor or UO wels 10 iww Weld & Bolt Inspection 55 / hour _P T_e_n_s_ian Strand Observation 55 / hour sprayed on r ueproonng Includes, wren reguirea: Thickness Measure Density Per Sampl Report Review / Supervision for Construction Observation and Tes Overtime Char Increase for work done on Saturday, Sunday and _'_Note: Ti me is charged for travel, testing and inspection and field 2 hr. minimum trip charge 55 / hour 9 March, 2006 Page 1 of 6 Includes analysis and preparation of reports, calculation time, travel, consultation, sample preparation and direct supervision of Earthwork: Compaction Testing $60 / h our Drilled Pier Installation 55 / hour FEE SCHEDULE EFFECTIVE MARCH, 2006 CTLITHOMPSON Soils Laboratory Services Specialized Testing and Services Environmental Services March, 2006 Page 2 of 6