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