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HomeMy WebLinkAbout12263RESOLUTION NO. 12263 A RESOLUTION APPROVING A PROFESSIONAL ENGINEERING SERVICES AGREEMENT IN THE AMOUNT OF $59,000 WITH A $17,000 ALTERNATE TO DREXEL, BARRELL & CO. AND SETTING FORTH $8,000 IN CONTINGENCIES FOR PROJECT NO. 11i-055 (SW1199) DRAINAGE IMPROVEMENTS TH (WEST 29 STREET) – DESIGN SERVICES, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME Drainage Improvements WHEREAS, proposals for Project No. 11i-055, (SW1199) th (West 29 street) – Design Services - have been received and examined, and; Drexel, Barrell & Co. WHEREAS, the proposal of was the lowest of those bids determined to be responsible; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. th An agreement for the Project No. 11i-055 (SW1199) Drainage Improvements (West 29 Street) – Design Services be awarded to consultant through RFP process in the amount of $59,000 with a $17,000 alternate. Professional engineering services include (but are not limited to) design drawings, construction specifications, and contract bid documents for the referenced project. SECTION 2. The Purchasing Agent is hereby authorized to execute 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. 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 . . . . . $8,000 SECTION 4. Funds for said project shall be expended from the Stormwater Enterprise Fund, Capital . Project No. SW1199 INTRODUCED November 14, 2011 BY: Chris Kaufman COUNCILPERSON Background Paper for Proposed R ESOLUTION AGENDA ITEM # M-8 DATE: November 14, 2011 DEPARTMENT: STORMWATER UTILITY DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION APPROVING A PROFESSIONAL ENGINEERING SERVICES AGREEMENT IN THE AMOUNT OF $59,000 WITH A $17,000 ALTERNATE TO DREXEL, BARRELL & CO. AND SETTING FORTH $8,000 IN CONTINGENCIES FOR TH PROJECT NO. 11i-055 (SW1199) DRAINAGE IMPROVEMENTS (WEST 29 STREET) – DESIGN SERVICES, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council award an agreement with Drexel, Barrell, & Co. for professional engineering services in the amount of $59,000 with a $17,000 alternate for drainage improvements (West th 29 Street) and design services, Project # 11i055 (SW1199)? Professional engineering services include (but are not limited to) design drawings, construction specifications, and contract bid documents for the referenced project. RECOMMENDATION Approval of this Resolution. BACKGROUND th The design will support future storm sewer improvements on West 29 Street near the Alabama Street right of way to alleviate flooding issues. Similarly areas downstream of West 29th Street th will be protected from flooding by the proposed storm sewer improvements on West 29 Street, a proposed regional detention pond and improved drainage channel. This design will provide for additional phases in future years, as budgets allow, to extend said storm sewer system into the existing neighborhoods for enhanced stormwater conveyance. Attached is the bid summary for this project showing Drexel, Barrell & Co. being the lowest bidder. FINANCIAL IMPACT Funding for this project will come from the Stormwater Enterprise Fund through (SW1199). STANDARD FORM OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES / 41 THIS AGREEMENT made and entered this 14th day of October, 2011 by and between the cAr City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Drexel, Barren, and Cow a professional engineering firm (hereinafter "Engineer ") for Engineer to render certain professional engineering and related services for Owner in connection with Project # 11i -055 Drainage Improvements (West 29 Street) — Design Services, 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. X - Study and Report Phase X - Preliminary Design (Schematic) Phase X - Final Design X - Construction Documents & Bidding Phase - 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, 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. If architectural services are rendered, Engineer shall provide an attest statement on each drawing sheet that certifies the design complies with all applicable provisions of the Americans with Disabilities Act. 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 for construction produced under this Agreement shall be the same as at least one record set which shall be furnished 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. SECTION2. ENGINEER SERVICES 2.1 Study and Report Phase. If Engineer 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 services. (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 Engmeer's findings and recommendations with opinions of probable costs. (g) Furnish three (3) copies of the Report and present and review it in person with Owner 2.2 Preliminary Design (Schematic) Phase. If Engineer is to provide professional services with respect 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 /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 furnish three eogles of each above referenced submittal document to Owner for Owner's use, and shall review same in person with Owner 2.3 Final Design and Bidding 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 Drawings 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 Accessability 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. Engineer shall include an attest statement on each record drawing sheet of final plan drawings that certifies that the design is compliant with either the ADAAG Manual or 28 CFR Part 36 Standards. (b) Make reasonable revisions to the Drawings and Specifications requested by Owner, informing the Owner of any change in probable construction costs as a result of such revisions. (c) Provide technical cnteria, written descriptions and design data for Owner's use, and disclose any significant risks and advantages/disadvantages inherent in or presented by design choices. (d) Based upon Engineer's best professional judgment, prepare and submit to -3- Owner a current detailed cost estimate for the Project including construction cost, contingencies, professional compensation, consultant fees, land and nght of way costs, damages and finance costs, if any (e) Engineer shall furnish _3_ copies of each above referenced submittal document to Owner for Owner's use, and shall review same in person with Owner 2 4 Construction Documents & Bidding Phase. If Engineer is to provide professional services with respect to the Project during the Construction Documents & 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 all deliverables identified in Appendix A to this Agreement, final forms of contract agreement, general and special conditions, Drawings, specifications, 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. Unless otherwise specified in Appendix A, a copy of all contract documents and drawings shall also be submitted to Owner in Microsoft Word and AutoCADD (2006 or later version) format on electronic media. (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: acceptabihty 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 -4- (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 of the 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 wasting 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. (j) 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 -5- 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 of Engineer's work, including that performed by Engineer's 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) Engineer's 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 of Engineer's 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 Engineer's 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 pnncipal 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 -6- 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 mtenm 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 m 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" 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 crrtena, 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. -7- (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 furnished 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 of45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact. SECTION 4. TIME 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. 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 -8- 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 reasonable satisfaction and all required Engineer submittals have been provided. 5.3 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 nght 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 incurnng 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 m 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 of Municipal Storm Sewer Systems, or to perform work in a manner deemed unsatisfactory by Owner's Director of Public 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 of Public Works for services satisfactorily performed and reimbursable expenses reasonably incurred, pnor to date of termination. -9- 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 of this 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 matenals, except for accurate statements contained in resumes or curriculum vitae of Engineer's employees. If 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 mirumum 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 -10- j 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 acceptable to Owner, and with a deductible not exceeding $15,000 00 /V‘ 9/‘/' (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 earl Wilkinson, Department of Public Works, 211 E. "D" Street, Pueblo, Colorado, or to the Engineer at Drexel, Barrell, and Company, Tim McConnell, 3 South 7th Street, Colorado Springs, Colorado,. 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. In the event of any conflict between any provision of this Agreement and a provision of any Appendix or attachment to this Agreement, the provision in this Agreement shall control and supersede the conflicting provision in the Appendix or attachment. Any inconsistent resolution provision in any attachment to this Agreement shall be void. 7.5 Successors and Assigns. 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 -11- 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 Severability. If any provision of this Agreement, except for Section 2 6, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or loan 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 2.6 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 or loan, then this entire Agreement shall be void. 7 10 PERA. The Engineer shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. The Engineer shall fill out the questionnaire attached as Appendix "D" and submit the completed form to City as part of the signed Agreement. 7 11 Appropriations. 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 12 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 13 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 of this 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 terms of separate access agreements to be negotiated hereafter with owners of such property -12- 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 two page(s). Appendix B - "Fee Schedule" consisting of one page(s) Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility " consisting' of two page(s). Appendix D — "PERA Supplemental Questionnaire" 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. SECTION 11 — STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK (a) At or prior to the time for execution of this Agreement, Engineer shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that the Engineer will participate in either the "E- Verify 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 or the "Department Program" established pursuant to section 8- 17.5- 102(5)(c), C.R.S that is administered by the Colorado Department of Labor and Employment in order to -13- confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. (b) Engineer shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this contract; (II) Enter into a contract with a subconsultant that fails to certify to Engineer that the subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this contract. (c) The following state - imposed requirements apply to this contract: (I) The Engineer shall have confirmed or attempted to confirm the employment eligibility of all of its employees who are newly hired for employment to perform work under this Agreement through participation in either the E- Verify Program or the Department Program. (II) The Engineer is prohibited from using the E- Verify Program or Department Program procedures to undertake pre - employment screening of job applicants while this Agreement is being performed. (III) If the Engineer obtains actual knowledge that a subconsultant performing work under this Agreement knowingly employs or contracts with an illegal alien to perform work under this Agreement, the Engineer shall be required to A. Notify the subconsultant and the Purchasing Agent of the City within three (3) days that the Engineer has actual knowledge that the subconsultant is employing or contracting with an illegal alien, and B Terminate the subcontract with the subconsultant if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subconsultant does not stop employing or contracting with the illegal alien, except that the Engineer shall not terminate the contract with the subconsultant if, during such three (3) days, the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with an illegal alien. (IV) The Engineer 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- 102(5), C.R.S (d) Violation of this Section by the Engineer shall constitute a breach of contract and -14- grounds for termination. In the event of such termination, the Engineer shall be liable for Owner's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Engineer to violate any terms of participation in the E- Verify Program. (f) Violation of this Section 11 by the Engineer shall constitute a breach of contract and grounds for termination. In the event of such termination, the Engineer shall be liable for Owner's actual and consequential damages. (g) As used in this Section 11, the term "subconsultant" shall mean any subconsultant or subcontractor of Engineer rendering services with the scope of this Agreement. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO ENGINEER ,j reye 1 , .earre 11 4 Co By By President of the City Council Title: Prey i -t / Pr, nc_ f et 1 Attest: City erk [S'EA.L] BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. ,7 Director of Finance APPROVED AS TO FORM City Attorne - 1 5- Appendix "A" Scope of Work DETAILED SCOPE Task 1. Design drawings (signed and sealed), specifications, and complete bid package for the storm sewer improvements on West 29th Street. The proposed drainage system would extend from the low point in West 29th Street at the Alabama Street ROW west to the sub basin boundary near Adrian Ave and east the sub basin boundary near Franklin Ave. The drainage basin encompasses approximately 295 acres. The proposal should include a complete drainage study (including but not limited to hydraulic and hydrologic analysis) supporting the design of the proposed inlets, manholes, and storm sewer pipe for the above referenced area. The submittal should include complete bid documents in City of Pueblo format with an estimated cost of the storm sewer improvements. The bid package should include complete signed and sealed construction plans and specifications including, but not limited to storm sewer plans and profiles, inlet, manhole, and pipe sizing, roadway impacts, trench details, hydraulic grade lines, utility coordination, and stormwater management plan addressing best management practices and sediment and erosion control. The design should provide stub -outs to the north and east for future extensions to the storm sewer system. The submittal should include any and all work necessary for the complete design package, in accordance with current City Design Criteria, for the referenced area including, but not limited to coordination with City staff, any preliminary survey work, and as -built plans. - - Task 2. Design drawings (signed and sealed), specifications, and complete bid package,for the regional storm water detention Pond No.1 on the City -owned parcel south of West 24t,Street, west of Carthage, and north of 23rd Street. The proposal should include a complete drainage report supporting the design of the proposed detention pond. Said report should address pond grading, 100 -year pond inundation limits, 10 -yr and 100 -yr volumes and ponding elevations, outlet structure details, emergency overflow structure details, Q10 and Q100 release rates, routing analysis, etc. The submittal should include complete bid documents in City of Pueblo format with an estimated cost of the detention pond improvements. The bid package should include complete construction plans and specifications and a pond 0 & M Manual. The submittal should also address construction and post - construction stormwater BMPS. The submittal should include any and all work necessary for the complete design package, in accordance with current City Design Criteria, for said detention pond including, but not limited to coordination with City staff, any preliminary survey work, and as -built plans. Task 3 (ALTERNATIVE). Analysis of the existing channel capacity for the open channel south of West 29th Street, in the Alabama right -of way downstream to the proposed regional detention pond referenced above. Design drawings (if improvements necessitated by channel capacity analysis), signed and sealed , specifications, and complete bid package for channel improvements on the existing open channel south of West 29th Street in the Alabama right -of -way to the proposed regional detention pond referenced above. The proposal should include a complete drainage report supporting the design recommendation for the channel improvements, if required. The submittal should include typical channel cross - sections, with 100 -yr water surface elevations, channel lining, slope, flow rate, and velocities. The submittal should include complete bid documents in City of Pueblo format with an estimated cost of the channel improvements. The submittal should also address construction and post - construction stormwater BMPS. The submittal should include any and all work necessary for the complete design package, in accordance with current City Design Criteria, for the channel improvements including, but not limited to coordination with City staff, any preliminary survey work, and as -built plans. Note: THIS TASK (TASK 3 ONLY) MAY NOT BE REQUIRED DEPENDING ON EXISTING CONDITION OF CHANNEL. TASK 1 PRICE TASK 2 PRICE. ...$13,000,00 GRAND TOTAL ( TASK 1 + TASK 2) .$59,000.00 TASK 3 PRICE (ALTERNATE) .$17,000.00 Project to be completed within 60 calendar days of "Notice to Proceed" Boulder Appendix B Colorado Springs �.. Denver Grand Junction ��."' Greeley Steamboat Springs DREXEL, BARRELL & CO FEE SCHEDULE (For all offices: Effective January 1 2011) PERSONNEL. CATEGORY HOURLY CATEGORY HOURLY RATE RATE General: Surveying: Principal /Senior Consultant $160.00 Sr Survey Analyst $115.00 Associate Principal $150.00 Survey Analyst $95.00 Associate $135.00 Survey Tech 111 $90.00 Department Head $135.00 Survey Tech II $80.00 Asst. Department Head $130.00 Survey Tech 1 $70.00 1 Person Survey Crew $100.00 Engineering: 2 Person Survey Crew $135.00 Sr Project Manager / Engineer $125.00 3 Person Survey Crew $175.00 Project Manager $120.00 Project Engineer $105.00 Construction: Design Engineer III $100.00 Sr Construction Inspector $80.00 Design Engineer II $90.00 Construction Inspector $70.00 Design Engineer I $80.00 Administration: CAD: Controller $100.00 Technician $90.00 Bookkeeper $60.00 Sr. CAD Drafter $80.00 Word Processing / Clerical $50.00 CAD Drafter $75.00 Mlsc: Expert Witness Preparation $250.00 and Testimony II. SUB - CONSULTANTS. Unless agreed otherwise in the Professional Services Agreement, Drexel Barrel) adds a 15% markup to invoices from sub - consultants to cover administrative and project management expenses. III. MILEAGE. Unless agreed otherwise in the Professional Services Agreement, Drexel Barrel) charges for all project related mileage at the rate of $0 75 / mile. IV TRAVEL TIME. Unless agreed otherwise in the Professional Services Agreement, Drexel Barrell charges for travel time to and from the project site. V REPROGRAPHICS. Drexel Barrel) charges the following rates for reprographics: ITEM RATE Plots (mylar) $4.00 /square foot Plots (vellum) $1 15/square foot Plots/Prints (bond) $0.60/square foot Photocopies (up to 11 x 171 $0.30 each CD-ROM w/ electronic drawing files, incl. $300.00 each preparation Internal check prints and plots will be charged at 25% of the above rates. Any items not listed, or reprographics provided by outside printing companies will be charged at Drexel Barrell's cost plus 15 %. VI. FIELD SUPPLIES Unless otherwise stated in the Professional Services Agreement, standard survey supplies (stakes, pin caps, etc.) are included in the negotiated fee. Drexel Barrel) charges an additional $100.00 per monument and $200.00 for monument boxes when the project requires. VII. DELIVERY SERVICES. Drexel Barrel) will add a 15% mark -up to all messenger and overnight delivery service fees. VIII. OUT - - TOWN EXPENSES. On projects requiring overnight lodging, Drexel Barrel) charges a per diem rate for meals, lodging, and related expenses The per diem rate will be Drexel Barrell's costs plus 15 %. IX. RATE REVISIONS. Drexel Barrell adjusts this Fee Schedule annually on January 1 Projects extending beyond December 31 of each year shall be subject to the new Fee Schedule. J.1ACCOUNT /NGIFEE SCHEDULES12011 Fee Schedule.doc 1/1 1/1/2011 Appendix "C" identification of Personnel, Subcontractors, and Task Responsibility Michael D. Middleton, PE Principal -in- Charge Duties Client satisfaction, allocation of resources Tim McConnell, PE Sr Project manager Duties. Schedule, Budget, Quality, Plans, Specs, Estimates Keith Hensel, PE Sr Civil Engineer Duties Independent Peer Review Patrick O'Hearn, PLS Sr Surveyor Design and ROW Surveys Mark Murphy, PE, PIS, CFM Sr Water Resources Engineer Duties Hydraulics, Hydrology Cameron Knapp, PE, LEED AP Sr Civil Engineer Duties Plans and Profiles Appendix "D" COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24 -51- 1101(2), C R.S salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo Therefore, as a condition of contracting for services with the City of Pueblo this document must be completed signed and returned to the City of Pueblo. (a) Are you, or do you employ or engage in any capacity including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes_, No `4. (Must sign below whether you answer "yes or 'no ) (b) If you answered "yes to (a) above please answer the following question. Are you an individual sole proprietor or partnership or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes No If you answered "yes please state which of the above entities best describes your business: (c) If you answered 'yes' to both (a) and (b), please provide the name address and social security number of each such PERA Retiree Name Name Address Address Social Security Number Social Security Number (If more than two, please attach a supplemental list) If you answered 'yes to both (a) and (b) you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege of doing business with the City of Pueblo Signed �0/2� , 20 d l I�rex ( earre - lI Ce By . Name in -1 D i'Yl+ ddleiar ) Title. a " e / Pr , r c i fa- For purposes of responding to question (b) above an affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree, (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children and grandchildren, (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings and spouse s siblings, and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree s regular salary or compensation PERA 2 -9 -2009