HomeMy WebLinkAbout12318
RESOLUTION NO. 12318
A RESOLUTION AUTHORIZING THE TRANSFER OF $56,900
FROM PROJECT NO. CPAN11 - CROSS PAN/ CURB &
GUTTER TO PUBLIC WORKS PROFESSIONAL SERVICES
ACCOUNT AND APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
STANTEC CONSULTING SERVICES, INC., FOR
PROFESSIONAL CONSULTING SERVICES ASSOCIATED
WITH THE INVENTORY AND INSPECTION OF MINOR
BRIDGES AND CULVERTS WITHIN THE CITY OF PUEBLO
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City of Pueblo, a Municipal Corporation and Stantec
Consulting Services Inc., a copy of which is attached hereto, after having been approved as to
form by the City Attorney, is hereby approved.
SECTION 2.
Funds in the amount of $56,900 shall be transferred from Project No. CPAN11 – Cross
Pan/Curb & Gutter to Public Works Professional Services 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: February 27, 2012
BY: Judy Weaver
COUNCIL PERSON
Background Paper for Proposed
RESOLUTION
DATE: FEBRUARY 27, 2012AGENDA ITEM # M-1
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE TRANSFER OF $56,900 FROM PROJECT NO. CPAN11
- CROSS PAN/CURB & GUTTER TO PUBLIC WORKS PROFESSIONAL SERVICES
ACCOUNT AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND STANTEC CONSULTING SERVICES, INC., FOR
PROFESSIONAL CONSULTING SERVICES ASSOCIATED WITH THE INVENTORY AND
INSPECTION OF MINOR BRIDGES AND CULVERTS WITHIN THE CITY OF PUEBLO
ISSUE
Should the City Council enter into an agreement with Stantec Consulting Services, Inc., for the
purpose of performing consultation services for the inventory and inspection of minor bridge
structures and culverts within the City of Pueblo?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
CDOT currently inspects the major bridges within the City of Pueblo every two years. This
contract will provide inspection services for 71 existing City bridges or culverts that have never
been formally inspected on a routine basis, and the consultant will inventory, inspect,
photograph, document necessary maintenance and necessary capital upgrades for all 71
structures.
FINANCIAL IMPACT
Funds in the amount of $56,900 will be transferred from CPAN11 – Cross Pan/ Curb & Gutter to
Public Works Professional Services Account.
PROFESSIONAL SERVICES AGREEMENT
Stantec
THIS AGREEMENT is made and entered into effective October 14, 2011 (the "Agreement Date ") by and between:
"CLIENT'
Name: CITY OF PUEBLO, a Municipal Corporation
Address: 211 East 0 St,
Pueblo, CO 81003
Phone: (719) 553-2295 Fax: (719) 553-2294
Representative: Micky Beyer, PE
"STANTEC"
, Name: STANTEC CONSULTING SERVICES INC.
Address: 2000 S. Colorado Blvd Ste 2 -300
Denver, CO 80222
Phone: (303) 758-4058 Fax: (303) 758-4828
Representative: Ryan Nataluk, PE
Bridge Inspection Program Manager
PROJECT NAME (the "PROJECT "):
City of Pueblo Minor Structure Inventory and Inspection Program
DESCRIPTION OF WORK: STANTEC shall render the services described in Attachment "A' and its Proposal to Client dated October 14, 2011
(hereinafter collectively called the "SERVICES ") in accordance with this AGREEMENT. STANTEC may, at its discretion and at any stage, engage
subconsultants to perform all or any part of the SERVICES. The CLIENT and STANTEC by written amendment to this AGREEMENT may from
time to time make changes to the SERVICES. All changed work shall be carried out under this AGREEMENT. The time for completion of the
SERVICES shall be adjusted accordingly.
COMPENSATION: Charges for the SERVICES rendered will be made in accordance with the CONTRACT PRICE Indicated in Attachment "A" and
its Proposal, or, if no CONTRACT PRICE is Indicated, in accordance with STANTEC's Schedule of Fees and Disbursements In effect from time to
time as the SERVICES are rendered.
invoices shall be paid by the CLIENT in the currency of the jurisdiction in which the SERVICES are provided without deduction or setoff upon
receipt. Failure to make any payment when due is a material breach of this Agreement and will entitle STANTEC, at its option, to suspend or
Revised 2012 -02 -08
VA57876\ndoM"isvatIon eadao \oz inspection \Work - Proposals \Pueblo Minors \Minor Proposal \Proposal \New PSA
Contract \City of Pueblo- Pueblo Minor Inspections_Revision 2012- 02- 08,docxgnion,
PROFESSIONAL SERVICES AGREEMENT Page 2
Stantec
terminate this Agreement and the provision of the SERVICES. Interest will accrue on accounts valid Invoices overdue by 45 30 days at the
lesser of 8 percent per annum] or the maximum legal rate of Interest.
REPRESENTATIVES: Each party shall designate in the space provided above a representative who is authorized to act on behalf of that party
and receive notices under this AGREEMENT. Such representatives have complete authority to act on behalf of their principals in respect to all
matters arising under this AGREEMENT,
NOTICES: All notices, consents, and approvals required to be given hereunder shall be in writing and shall be given to the representatives of
each party. All notices required by this AGREEMENT to be given by either party shall be deemed to be properly given and received within we
4a4 three (3) business days if made in writing to the other party by certified mail , or the next business day
after delivery to a national courier service for overnight deliveryaddressed to the regular business address of such party as identified above.
CLIENT'S RESPONSIBILITIES: The CLIENT shall provide to STANTEC In writing, any additional or special requirements in
' connection with the PROJECT • • - : - • • - :.: ; : - • : ' :: • . • - not stated in the Proposal and Professional Services
Agreement (including all attachments). The CLIENT shall make available to STANTEC all relevant Information or data pertinent to the PROJECT
If It Is of the type and quality of Information normally and reasonably relied upon by professionals performing the work contemplated
herein, which is required by STANTEC to perform the SERVICES. STANTEC shall be entitled to rely upon the accuracy and completeness of all
information and data furnished by the CLIENT, including information and data originating with other consultants employed by the CLIENT
whether such consultants are engaged at the request of STANTEC or otherwise. Where such information or data originates either with the
CLIENT or Its consultants then STANTEC shall not be responsible to the CLIENT for the consequences of any error or omission contained
therein.
When required by STANTEC, the CLIENT shall engage specialist consultants directly to perform Items of work necessary to enable STANTEC to
. carry out the SERVICES. Whether arranged by the CLIENT or STANTEC, these services shall be deemed to be provided under direct contracts to
the CLIENT unless expressly provided otherwise.
The CLIENT shall give prompt consideration to all documentation related to the PROJECT prepared by STANTEC and whenever prompt action Is
necessary shall inform STANTEC of CLIENT'S decisions In such reasonable time so as not to delay the schedule for providing the SERVICES.
When applicable, the CLIENT shall arrange and make provision for STANTEC 's entry to the PROJECT site as well as other public and private
property as necessary for STANTEC to perform the SERVICES. The CLIENT shall obtain any required approvals, licenses and permits from
governmental or other authorities having jurisdiction over the PROJECT so as not to delay STANTEC in the performance of the SERVICES.
STANTEC's RESPONSIBILITIES: STANTEC shall furnish the necessary qualified personnel to provide the SERVICES. STANTEC represents that it
has access to the experience and capability necessary to and agrees to perform the SERVICES with the reasonable skill and diligence required
by customarily accepted professional practices and procedures normally provided in the performance of the SERVICES at the time when and
the location In which the SERVICES were performed. This undertaking does not Imply or guarantee a perfect PROJECT and in the event of
failure or partial failure of the product of the SERVICES, STANTEC will be liable only for its failure to exercise diligence, reasonable care and
professional skill, This standard of care Is the sole and exclusive standard of care that will be applied to measure STANTEC 's performance.
There are no other representations or warranties expressed or implied made by STANTEC. In particular, but not by way of limitation, no
implied warranty of merchantability or fitness for a particular purpose shall apply to the SERVICES provided by STANTEC nor shall STANTEC
warrant or guarantee economic, market or financial conditions, proforma projections, schedules for public agency approvals, or other factors
beyond STANTEC's reasonable control. STANTEC does not warrant the SERVICES to any third party
In performing the SERVICES under this AGREEMENT, STANTEC shall operate as and have the status of an Independent contractor and shall not
act as, or be an employee of the CLIENT.
The SERVICES performed by STANTEC shall be subject to the observation inspection and the review of the CLIENT at all times but such
observation inspector and review shall not relieve STANTEC from Its responsibility for the proper performance of the SERVICES.
TERMINATION: Either party may terminate thls AGREEMENT without cause upon thirty (30) days' notice in writing. If either party breaches
this AGREEMENT, the non - defaulting party may terminate this AGREEMENT after giving Seven-(-74 ten (10) days' notice to remedy the breach.
On termination of this AGREEMENT, the CLIENT shall forthwith pay STANTEC for the SERVICES performed to the date of termination. Non-
payment by the CLIENT of STANTEC's valid Invoices within 30 45 days of STANTEC rendering same is agreed to constitute a material breach of
Revised 2012.02.08
VAS28261administratlon \Bridge \02 Insiwcllon\ Work • Proposals \Puebb Minors\Minor Proposal \Proposal\New PSA Contract \City or Pueblo.Pueblo Minor Inspections Revislon 2012.02.
08.docsoctions
PROFESSIONAL SERVICES AGREEMENT Page 3
Stantec
this AGREEMENT and, upon written notice as prescribed above, the duties, obligations and responsibilities of STANTEC are may be terminated
at STANTECs option.
SUSPENSION OF SERVICES: If the project is suspended for more than thirty (30) consecutive calendar days in the aggregate, STANTEC shall be
compensated for services performed and charges Incurred prior to receipt of notice to suspend and, upon resumption, an equitable
adjustment in fees to accommodate the resulting demobilization and remobilization costs. In addition, there &Hall may be an equitable
adjustment in the project schedule based on the delay caused by the suspension. If the PROJECT is suspended for more than ninety (90) days,
STANTEC may, at Its option, terminate this agreement upon giving notice in writing to the CLIENT.
ENVIRONMENTAL: Except as specifically described In this AGREEMENT, STANTEC's field investigation, laboratory testing and engineering
recommendations will not address or evaluate pollution of soil or pollution of groundwater.
Where the services include storm water pollution prevention (SWPP), sedimentation or erosion control plans, specifications, procedures or
related construction observation or administrative field functions, CLIENT acknowledges that such SERVICES proposed or performed by
STANTEC are not guaranteed to provide complete SWPP, sedimentation or erosion control, capture all run off or siltation, that any physical
works are to be constructed and maintained by the CLIENT'S contractor or others and that STANTEC has no control over the ultimate
effectiveness of any such works or procedures. Except to the extent that there were errors or omissions in the SERVICES provided by STANTEC,
CLIENT agrees to indemnify and hold STANTEC harmless from and against all claims, costs, liabilities or damages whatsoever arising from any
storm water pollution, erosion, sedimentation, or discharge of silt or other deleterious substances into any waterway, wetland or woodland
and any resulting charges, fines, legal action, cleanup or related costs.
BUILDING CODES, BYLAWS AND OTHER PUBLIC REGULATIONS: STANTEC shall, to the best of its ability, interpret building codes, by -laws and
other public regulations as they apply to the PROJECT and as they are published In the Jurisdiction where the Protect Is located at the time
SERVICES commence. Furthermore, STANTEC shall observe and comply with all applicable laws, ordinances, codes and regulations of
government agencies, including federal, state, provincial, municipal and local governing bodies having Jurisdiction over the conduct of the
SERVICES ( "LAWS "). However, it is expressly acknowledged and agreed by the CLIENT that as the PROJECT progresses such building codes, by-
laws, other public regulations and LAWS may change or the interpretation of any public authority may differ from the Interpretation of
STANTEC, through no fault of STANTEC, and any extra costs necessary to conform to such changes or interpretations during or after execution
of the SERVICES will be paid by the CLIENT.
STANTEC shall continue to provide equal employment opportunity to all qualified persons and to recruit, hire, train, promote and compensate
persons in all jobs without regard to race, color, religion, sex, age, disability or national origin, sexual preference or any other basis prohibited
by applicable laws.
COST AND SCHEDULE OF CONSTRUCTION WORK: In providing opinions of probable cost and project schedule, it is recognized that neither the
CLIENT nor STANTEC has control over the costs of labor, equipment or materials, or over the Contractor's methods of determining prices or
time, The opinions of probable cost or project duration are based on STANTEC's reasonable professional Judgment and experience and do not
constitute a warranty, express or implied, that the Contractors' bids, project schedules, or the negotiated price of the Work or schedule will
not vary from the CLIENT'S budget or schedule or from any opinion of probable cast or protect schedule prepared by STANTEC. Exact costs and
times will be determined only when bids have been received for the PROJECT and when the construction work has been performed and
payments finalized.
ADMINISTRATION OF CONSTRUCTION CONTRACTS: When appiicabte, STANTEC shall provide field services during the construction of the
PROJECT only to the extent that such SERVICES are included and defined in this AGREEMENT. The performance of the construction contract is
not STANTEC 's responsibility nor are STANTEC's field services rendered for the construction contractor's benefit.
It is understood and agreed by the CLIENT and STANTEC that only work which has been seen during an examination by STANTEC can be said to
have been appraised and comments on the balance of any construction work are assumptions only.
When field services are provided by STANTEC, the authority for general administration of the PROJECT shall reside with STANTEC only to the
extent defined In this AGREEMENT. In such case, STANTEC shall coordinate the activities of other consultants employed by the CLIENT, only to
the extent that STANTEC Is empowered to do so by such other consultants' contracts with the CLIENT.
STANTEC shall not be responsible for any contractor's failure to carry out the work in accordance with the contract documents nor for the acts
or omissions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in
Revised 2012 -02 -08
. V:\ 52876\ edmjNsuatlon \Bridaa \021nspoclios \Work• Proposals \Pueblo Minors\ Minor Proposal\(roposal \New PSA Contract \City of Puoblo•Pueblo Wool brspections RoWslon 2012.02.
OB.docxoctions
PROFESSIONAL SERVICES AGREEMENT Page A
Stantec
connection with the PROJECT, except for any contractor directly employed by STANTEC. When field services are provided, no acceptance by
STANTEC of the work or services of a construction contractor or other consultants, whether express or implied, shall relieve such construction
contractor or other consultants from their responsibilities to the CLIENT for the proper performance of such work or services and further,
STANTEC shall not be responsible to the CLIENT or to the construction contractor or to the other consultants for the means, methods,
techniques, sequences, procedures and use of equipment of any nature whatsoever, whether reviewed by STANTEC or not, which are
employed by the construction contractor or the other consultants in executing, designing, or administering any phases of the PROJECT, or for
placing Into operation any plant or equipment or for safety precautions and programs incidental thereto.
When field services are provided, STANTEC will not be designated as the party responsible for the compliance by others on the construction
work site with the purposes or requirements of applicable environmental, occupational health and safety, or similar legislation. The CLIENT
shall designate a responsible party, other than STANTEC, for the coordination and performance of environmental, occupational health and
safety activities on the construction work site as required by applicable legislation and associated regulations. Neither the professional
activities of STANTEC, nor the presence of STANTEC or Its employees and subconsultants at a construction site, shall relieve the CLIENT,
Contractors or any other entity of their obligations, duties and responsibilities with respect to jobsite safety. Subject only to applicable
legislation, STANTEC has no authority to exercise any control over any construction contractor or other entity or their employees in connection
with their work or any environmental, health or safety activities or precautions.
' JOBSITE SAFETY: Neither the professional activities of STANTEC, nor the presence of STANTEC or its employees and subconsultants at a
construction site, shall render STANTEC responsible for - ' ; • - • - • - • • -' - : - - • • • - _ .. •
with- segpec -toh job site safety. Subject only to applicable legislation, STANTEC and its personnel have no authority to exercise any control over
any construction contractor or other entity or their employees In connection with their work or any health or safety precautions. STANTEC
shall be responsible for safety for its own employees.
LIMITATION OF LIABILITY; The CLIENT releases STANTEC from any liability and agrees to defend, indemnify and hold STANTEC harmless from
any and all claims, damages, losses, and /or expenses, direct and indirect, or consequential damages, Including but not limited to attorney's
fees and charges and court and arbitration costs, arising out of, or claimed to arise out of, the performance of the SERVICES, excepting liability
arising from the negligence or willful misconduct of STANTEC or Its employees.
It is further agreed that the total amount of all claims the CLIENT may have against STANTEC under this AGREEMENT or arising from the
performance or non - performance of the SERVICES under any theory of law, including but not limited to claims for negligence, negligent
misrepresentation and breach of contract, shall be strictly limited to • : = - : - - - - $500,000 or
the limits of STANTEC's applicable insurance coverages, whichever is greater. No claim may be brought against STANTEC in contract or tort
more than two (2) years after the cause of action arose, As the CLIENT'S sole and exclusive remedy under this AGREEMENT any claim, demand
or suit shall be directed and /or asserted only against STANTEC and not against any of STANTEC's employees, officers or directors.
STANTEC 's liability with respect to any claims arising out of this AGREEMENT shall be absolutely limited to direct damages arising out of the
SERVICES and STANTEC shall bear no liability whatsoever for any consequential loss, injury or damage incurred by the CLIENT, Including but
not limited to claims for loss of use, loss of profits and loss of markets.
•
INDEMNITY FOR MOLD CLAIMS: It is understood by the parties that existing or constructed buildings may contain mold substances that can
present health hazards and result in bodily injury, property damage and /or necessary remedial measures. If, during performance of the
SERVICES, STANTEC knowingly encounters any such substances, STANTEC shall notify the CLIENT and, without liability for consequential or any
other damages, suspend performance of services until the CLIENT retains a qualified specialist to abate and /or remove the mold substances.
The CLIENT agrees to release and waive all claims, Including consequential damages, against STANTEC, its subconsultants and their officers,
directors and employees arising from or In any way connected with the existence of mold on or about the project site whether during or after
completion of the SERVICES. • - • - • : - ' . • -- : - - - . • • .. .. - - - •
STANTEC and the CLIENT waive all rights against each other for mold damages to the extent that such
damages sustained by either party are covered by insurance.
DOCUMENTS: All documents prepared by STANTEC or on behalf of STANTEC in connection with the PROJECT are instruments of service for
the execution of the PROJECT. STANTEC CLIENT retains the property and copyright in these documents, whether the PROJECT is executed or
not. Payment to STANTEC of the compensation prescribed in this AGREEMENT shall be a condition precedent to the CLIENT's right to use
Revised 2012.02.08
V: \52626 \adminlstratlon\arklge \o2 inspection \Work • Proposals \Pueblo Minors\Minot Proposal Proposal \Now PSA Contract \City of Puobb•Puablo Minor lnspections_Reviclon 2012.02 -
O5.docxoctlons
PROFESSIONAL SERVICES AGREEMENT Page 5
Stantec
documentation prepared by STANTEC. - - - :: - • . : . - . - • : - - If CLIENT uses these documents for any
other Project without the prior written agreement of STANTEC It shall be at CLIENT's sole risk. The CLIENT shall have a permanent non-
exclusive, royalty -free license to use any concept, product or process which Is patentable or capable of trademark, produced by or resulting
from the SERVICES rendered by STANTEC in connection with the PROJECT, for the life of the PROJECT. The CLIENT shall not use, Infringe upon
or appropriate such concepts, products or processes without the express written agreement of STANTEC. In the event STANTEC's documents
are subsequently reused or modified In any material respect without the prior consent of STANTEC, the CLIENT agrees to indemnify STANTEC
from any claims advanced on account of said reuse or modification.
FORCE MAJEURE: Any default In the performance of this AGREEMENT caused by any of the following events and without fault or negligence
on the part of the defaulting party shall not constitute a breach of contract: labor strikes, riots, war, acts of governmental authorities,
unusually severe weather conditions or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of
either party.
GOVERNING LAW: This AGREEMENT shall be governed, construed and enforced In accordance with the laws of the jurisdiction in which the
majority of the SERVICES are performed.
DISPUTE RESOLUTION: If requested in writing by either the CLIENT or STANTEC, the CLIENT and STANTEC shall attempt to resolve any dispute
between them arising out of or In connection with this AGREEMENT by entering into structured non - binding negotiations with the assistance
of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. if a dispute cannot be settled within
a period of thirty (30) calendar days with the mediator, If mutually agreed, the dispute shall be determined In a court of competent
jurisdiction located In Pueblo County, Colorado :: :: : - • - : - .: - . -
ATTORNEYS FEES: In the event of a dispute hereunder, the prevailing party is entitled to recover from the other party all costs incurred by the
prevailing party in enforcing this AGREEMENT and prosecuting the dispute, Including reasonable attorney's and expert's fees, whether
Incurred through formal legal proceedings or otherwise.
ASSIGNMENT AND SUCCESSORS: Neither the CLIENT nor STANTEC shall, without the prior written consent of the other party, assign the
benefit or in any way transfer the obligations of this AGREEMENT or any part hereof, This AGREEMENT shall inure to the benefit of and be
binding upon the parties hereto, and except as otherwise provided herein, upon their executors, administrators, successors, and assigns.
PROTECTION OF PRIVACY LAWS: STANTEC will comply with Its statutory obligations respecting the collection, use, disclosure, access to,
correction, protection, accuracy, retention and disposition of personal Information that may be collected or created under this AGREEMENT.
STANTEC will refer any request for access to or correction of personal information that is made under statute to the CLIENT and will comply
with any directions from the CLIENT respecting the access request, or respecting correction and annotation of personal Information. STANTEC
will, at reasonable times and on reasonable notice, allow the CLIENT to enter its premises and inspect any personal Information of the
CLIENTS that is In the custody of STANTEC or any of STANTEC's policies or practices relevant to the management of personal information
subject to this AGREEMENT,
ENTIRE AGREEMENT: This AGREEMENT (Including Its attachments and STANTEC's Proposal) constitutes the sole and entire agreement
between the CLIENT and STANTEC relating to the PROJECT and supersedes all prior agreements between them, whether written or oral
respecting the subject matter hereof and no other terms, conditions or warranties, whether express or implied, shall form a part hereof. This
AGREEMENT may be amended only by written instrument signed by both the CLIENT and STANTEC. All attachments referred to In this
AGREEMENT are Incorporated herein by this reference; however, in the event of any conflict between attachments and the terms and
conditions of this AGREEMENT, the terms and conditions of this AGREEMENT shall take precedence.
SEVERABILITY: If any term, condition or covenant of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions of this AGREEMENT shall be binding on the CLIENT and STANTEC.
Revised 2012.02 -08
V:\ 52876\ administration \fledge \02 Inspectbn\ Work - Proposals\ Pueblo Minors\Minor Propose I\Proposof\New PSA Contract \City of Pueblo•PuabIo Minor Inspenlons_Retitlon 2012.02 -
OB.docaectIons
V
PROFESSIONAL SERVICES AGREEMENT Page 6
Stantec
THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS LIMITATION OF LIABILITY PROVISIONS RESTRICTING RIGHTS
FOR THE RECOVERY OF DAMAGES.
The Parties, intending to be legally bound, have made, accepted and executed this AGREEMENT as of the Agreement Date noted above:
CITY OF PUEBLO, A MUNICIPAL CORPORATION STANTEC CONSULTING SERVICES INC.
By: / Ryan Nataluk, Associate
/'/ 4 ■
Preside of City Council Print Name and Title
Attest Per:
-f eI/
/�►
City Clerk �►
3 /ZZfZot .
Print Name and Title Print Name and Title
Per: Per:
Revised 2012 -02.08
V .\52B76\ administration \ Bridge \02 Inspection \Work Proposes \Pueblo Minors \Minor Proposal \ProposaMew PSA Contract \City of Pueblo Pueblo Minor ins pection_ Aovlslon 2012-02 -
O8 .dotxectbns
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT "A"
Stantec
Attached to and forming part of the AGREEMENT
BETWEEN:
CITY OF PUEBLO
(hereinafter called the "CLIENT ")
- and -
STANTEC CONSULTING SERVICES INC.
(hereinafter called "STANTEC ")
EFFECTIVE:October 14, 2011
This Attachment details the SERVICES, CONTRACT TIME, CONTRACT PRICE, ADDITIONAL CONDITIONS and ADDITIONAL ATTACHMENTS forming
part of the above described AGREEMENT.
SERVICES: STANTEC shall perform the following SERVICES:
SCOPE OF WORK
CITY OF PUEBLO MINOR STRUCTURE
INVENTORY AND INSPECTION PROGRAM
Task 1— Initial Proiecti Settle - Mobilization
There are approximately 71 Non -NBI structures identified within the City of Pueblo and Pueblo Mountain Park. These
structures are open -ended structures that are less than twenty feet in length measured along the centerline of the roadway.
The goal of Task 1 is to mobilize the Stantec team and have a Project Kick -Off Meeting with the City of Pueblo personnel to
accomplish the work as described below.
Specific task items included in Project Kick -Off Meeting:
• Review and discuss project schedule
• Develop an Inspection map for inspection trip planning
• Develop structure nomenclature system
• Determine pertinent S &IA data for field collection /verification
• Determine maintenance prioritization system (i.e. Urgent, Critical, Programmed, Preventative, Monitor)
Revised 2012-02-08
V:\52876 \adminlstretion \Bridge \02 Inspealon \Work - Proposals\Pueblo Minors \MInor Proposal \ Proposal \New PSA Contract \City of Pueblo-Pueblo Minor Inspections_RovUlon 2012 -02.
08.docsections
PROFESSIONAL SERVICES AGREEMENT Page 2
ATTACHMENT "A"
Stantec
Automobile Liability: Automobile liability insurance for bodily injury, including death, and property damage in
the amount of $1,000,000 each occurrence.
Professional Liability: Professional liability insurance for damages incurred by reason of any negligent act, error
or omission committed or alleged to have been committed by STANTEC in the amount of $1,000,000 per claim
and in the aggregate.
Workers' Compensation: As prescribed by applicable law.
Certificates: Upon request, STANTEC shall provide certificates of Insurance evidencing coverage required above.
Each certificate shall provide that the coverage therein afforded shall not be cancelled except with thirty (30)
days prior written notice to the CLIENT.
Revised 2012 -02-08
V: \52878 \administration \Braga \02 inspection\Work • Proposals \Pueblo Mrnors \Minor Proposal \ Proposal \New PSA Contract \City of Pueblo.Pueblo Minor Inspectlons_0evislon 2012-02 -
08.docacctions
SUBCONSULTANT AGREEMENT Page 2
ATTACHMENT "A"
Stantec
• Task 2 — Field Inspections
Task 2 shall include visual inspections on approximately 71 Non -NBI structures in the City of Pueblo and Pueblo Mountain Park
(additional strucutres over original 71 at unit cost as approved by City).
The inspections will be completed under the direct supervision of a certified NBIS bridge inspector, who meets the
requirements of a team leader under the Code of Federal Regulations, and one NBIS team assistant.
Inspections shall be conducted at a distance such that general deterioration and cracks, detectable by visual inspection, in
concrete and steel can be identified. Timber elements shall be visually inspected for checks, splits, and insect infestation.
Sounding of timber elements will be conducted to identify potential location of internal rot. Boring of timber elements will not
be incorporated into the scope of work. Substructure units in wadable (less than 3 -feet) water will be probed to ascertain the
extents of scour and undermining, if present. Serious deficiencies or conditions will be brought to the immediate attention of
the City of Pueblo Project Manager.
Additionally, the Services undertaken to complete the visual inspections shall be in accordance with the following:
• Bridge Inspection Reference Manual
• NBI and PONTIS Coding Manuals, CDOT
• National Bridge Inspection Standards (NBIS)
• Bridge Rating Manual, CDOT
• Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation's Bridges (Report No. FHWA -PD-
96 -0010)
• inspection of Fracture Critical Bridge Members (Report No. FHWA- IP- 86 -26)
The tasks performed at a bridge site shall include at a minimum:
• Five standard photographs taken (if applicable of Roadway, Elevation, Superstructure, Upstream, Downstream)
• Sketching of elevation, plan and section view of the structure
• Evaluation and condition coding for material deterioration, weathering and aging effects, load- induced distress and
Indications of overloading, excessive deflection and adequate bearing
Revised 2012-02-08
4:\ 52876 \admiMetration \Bridge \02 Inspection \Work • Proposals \Pueblo Minors \Minor Proposal \Proposal \New PSA Contrail \City of Pueb o•Pueblo Minor In specti ns_Revision 2022.02.
08.docaections
SUBCONSULTANT AGREEMENT Page3
ATTACHMENT "A"
Stantec
• During the inspection process, any damaged area of the structure is photographed and additional sketches are
produced to give a clear description of the condition of the bridge as necessary
• Fracture critical elements, such as steel tension or non - redundant members, shall be inspected at arm's length
• Recommendations for maintenance, rehabilitation or structure replacement are made at this time
• If the team leader discovers a Critical Inspection Finding (CIF), It will be the responsibility of the team leader to
immediately inform the city project manager of the observed deficiency
Task 3 — Report Development
Task 3 shall include the work required to record the inspection findings as follows:
• Enter all inspection and maintenance data into Pontis other or Element Level Database
• Process structure photos and descriptions
• Recreate field sketches In Micro Station or AutoCAD format
• Mapping of locations of existing structures via Lat. / Long. coordinates
• Print and QA /QC reports, photographs, maintenance and recommendations
• Provide Toad ratings (assume 5) for those bridges identified by the City of Pueblo (additional strucutres over original
5 at unit cost as approved by City).
Task 4 — Delivery
Stantec shall hold a final report presentation meeting with the City of Pueblo when all inspection work is completed and
reports developed. Inspection findings and maintenance /replacement /rehabilitation recommendations will be included in the
presentation.
Stantec will NOT be responsible for the following:
• Conditions which are not obvious through usual and customary visual inspection techniques.
• Conditions which are not visually accessible to inspectors. It is not the responsibility of inspectors to thoroughly
clean or remove excess debris in order to access bridge elements.
• Conditions or events that occur at or to a structure after the completion of the initial field inspection that may affect
the results of the initial field evaluation.
• Designs, calculations or development of engineering plans for the repair or replacement of bridge or culvert
structures or elements
Revised 2012-02-08
' V : \52876\administratlon \erldgo \02 Inspection \ Work - Proposals \Pueblo Minors\ Minor Proposal \ Proposal\ Now PSA Contra ct \ City of Pueblo.Punbro Minor lnspoct ono Revlsion2012.02-
08.docxecNons
SUBCONSULTANT AGREEMENT Page 4
ATTACHMENT "A"
Stantec
CONTRACT TIME: Commencement Date: October 14, 2011
Estimated Completion Date: December 30, 2012
CONTRACT PRICE: Subject to the terms below, CLIENT will compensate STANTEC as follows:
Lump Sum compensation for above Services as stated in Attachment 11 (Cost Proposal) of the original proposal
documents as submitted October 14, 2011. Any and all labor and expenses beyond above Services shall be
compensated at Time and Materials for appropriate personnel according to the included Fee Schedule:
Project specific charges, such as subconsultants; travel, accommodations and meals; project - specific printing of
deliverables; consumables; usage charges for specialized field equipment and company- owned, leased or rented
project vehicles; external testing lab charges and other external services charges; specialized computer software
costs; and other significant project - specific expenses will be invoiced in addition to labor fees and to the FRD.
Where not stated as being included in the fees, project specific subconsultant, contractor, lab and other similar
third party charges will be charged as invoiced to STANTEC with a ten percent (10 %) markup.
Unless otherwise noted, the fees in this agreement do not include any value added, sales, or other taxes that
may be applied by Government on fees for services. Such taxes will be added to all invoices as required.
Where the SERVICES or services conditions change, STANTEC shall submit to the CLIENT in a timely manner,
documentation of the revisions to Attachment "A" adjusting the Contract Services Time and Price as required.
Unless otherwise specified, charges for SERVICES are based on STANTEC's hourly billing rate table ( "Rate Table "),
attached hereto. The Rate Table is subject to escalation from time to time.
ADDITIONAL The following additional conditions shall be read in conjunction with and constitute part of this AGREEMENT:
CONDITIONS:
No additional conditions
ADDITIONAL The following additional attachments shall be read In conjunction with and constitute part of this AGREEMENT:
ATTACHMENTS: Attachment 1, II, 0 {Including IV, Stantec PSA) as covered in original proposal dated October 14, 2011
INSURANCE Before any services are provided under this agreement, STANTEC shall procure, and maintain in effect during the
REQUIREMENTS: term of this agreement, insurance coverage in amounts and on terms not less than set forth below.
General Liability: Commercial general liability insurance for personal and bodily injury, including death, and
property damage in the amount of $1,000,000 each occurrence and not less than $2,000,000 in the aggregate.
Revised 2012 -02 -08
V:\ 52876 \adndnlslotlon \Bridge \021nspec ion \Work - Proposals \Pueblo Minors\Minor Propose l\Proposal\Now PSA Conti act \City of Pueblo-Pueblo Minor btspections_Navislon 2012.02-
08.docwecnons
ATTACHMENT 11
' ^ { ‘:Cost Proposal City of Pueblo linorFStructure Inventory and;InspectionaProgram ` ,
Project Project Bridge Bridge
Schedule of Fees Associate Manager Engineer Technician Clerical
PA PM BE BT C
BILLING RATES _ $144.00 $135.00 $117.00 $105.00 $70.00
TOTAL (ALL TASKS) PA PM BE BT C Total
MOBILIZATION 4 12 4 1 0 21
INSPECTION (71 Known Structures) 0 0 90 90 0 180
REPORT 14 16 48 172 24 274
MANAGEMENT 6 7 0 0 0 13
TOTAL (ALL TASKS) 24 35 142 263 24 488
SALARY COSTS $3,456.00 $4,725.00 $16,614.00 $27,615.00 $1,680.00 $54,090.00
STANTEC EXPENSES $2,810.00
TOTAL $56,900.00
MOBILIZATION PA PM BE BT C Total
Data Review and Project Setup 4 4
Schedule Development 2 1
Kick 017 Meeting 4 4
Prepare field documentation 1 2 3
Team meeting(s) to discuss project 1 1 1 3
Total Mobilization (hours) 4 12 4 1 0 10
$576.00 $1,620.00 $468.00 $105.00 $0.00 $2,769.00
INSPECTION (71 Known Structures) PA PM BE BT C Total
Inspection Week 1 55 55 110
Inspection Week 2 35 35 70
Addl Inspections Over 71 at 800$ /Str. (As Approved by City) 0
Total Inspection (hours) 0 0 90 90 0 180
$0.00 $0.00 $10,530.00 $9,450.00 $0.00 $19,980.00
REPORT PA PM BE BT C Total
Report Data Entry into Pontis 20 100 8 128
Creation of Photograph Pages 24 16 40
Produce Figures and Drawings Of necessary) 4 40 44
Load Ratings (Assume 5, Addl at 500$ /Str. As Approved by City) 4 24 28
QA/OC Review 8 8
Report Submittal & Progress Meeting (1) 4
Final Summary Report Creati on 4 4
Final Presentation Creation 2 4 6
Final Presentation and Summary of Findings 6 6 12
Total Report (hours) 14 16 48 172 24 270
$2,016.00 $2,160.00 $5,616.00 $18,060.00 $1,680.00 $29,532.00
MANAGEMENT PA PM BE BT C Total
Administer Contract 4 2 6
Maintain Schedule and Budget 1 1
Client Correspondence 2 2
Scheduling 2 2
Preparing Invoices 2 2
Total Management (hours) 6 7 0 0 0 13
$864.00 $945.00 $0.00 $0.00 $0.00 $1,809.00
STANTEC EXPENSES
Mileage $0.550 /mile x 500 2 trips $550.00
Lodging $110.00 /man -day x 2 7 days $1,540.00
Meals 545.00 /man -day x 2 8 days $720.00
Total Expenses 52,810.00
t.
Stantec