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12353
RESOLUTION NO. 12353 A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND MATRIX DESIGN GROUP IN THE AMOUNT OF $29,994 RELATED TO PROJECT NO. 11-103 (PL1106), STE M086-062, (18852), GRAND AVENUE MEMORIAL HALL STREETSCAPE PROJECT, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Professional Engineering Services by and between the City of Pueblo, a Municipal Corporation, and Matrix Design Group relating to Project No. 11- 103 (PL1106), STE M086-062, (18852), Grand Avenue Memorial Hall Streetscape Project, a true copy of which is attached hereto, after having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute the Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. Funds in the amount of $29,994 shall be expended from Project No. 11-103 (PL1106), STE M086-062, (18852), Grand Avenue Memorial Hall Streetscape Project. SECTION 4. This Resolution is contingent upon and shall not be effective until and unless an Ordinance appropriating required local funds (Agenda Item R4 on City Council meeting of April 9, 2012) is approved. INTRODUCED: April 9, 2012 BY: Leroy Garcia COUNCIL PERSON Background Paper for Proposed R ESOLUTION DATE: APRIL 9, 2012 AGENDA ITEM # M-2 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND MATRIX DESIGN GROUP IN THE AMOUNT OF $29,994 RELATED TO PROJECT NO. 11-103 (PL1106), STE M086-062, (18852), GRAND AVENUE MEMORIAL HALL STREETSCAPE PROJECT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an agreement with Matrix Design Group for professional services related to Project No. 11-103 (PL1106), STE M086-062, (18852), Grand Avenue Memorial Hall Streetscape Project? RECOMMENDATION Approval of Resolution. BACKGROUND The Grand Avenue Memorial Hall Streetscape is part of the Memorial Hall Expansion & Renovation Project and has been presented to City Council and in the Memorial Hall Stakeholder’s public forum. The goal of the Project is to widen the roadway to a two- way with center turn lane, provide wider sidewalks for the Memorial Hall patrons, install bicycle lanes, create a “theater district” streetscape theme with decorative paving, seating, artistic banners, lighting, and landscaping within the existing public right-of-way. The City of Pueblo has received a Transportation Enhancement Grant STE-M086-062 (18852) for the Grand Avenue Memorial Hall Streetscape improvements. FINANCIAL IMPACT Funds in the amount of $29,994 shall be expended from Project No. 11-103 (PL1106), CDOT Grant Contract STE M086-062, (18852), Grand Avenue Memorial Hall Streetscape Project. STANDARD FORM OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made and entered this 26th day of March, 2012 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Matrix Design Group, Inc., a professional engineering firm (hereinafter "Engineer ") for Engineer to render certain professional engineering and related services for Owner in connection with Project No. 11 -103 (PL1106), STE M086 -062 (18852) 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: [ ] - Study and Report Phase [ X ] - Preliminary Design (Schematic) Phase [ X ] - Final Design Phase [ X ] - Construction Documents & Bidding Phase [ X ] - 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, and traffic services. Engineer shall also provide landscape drafting support, incident to its work on the Project. 1.2 In performing the professional services, Engineer shall complete the work items described generally in Appendix A — Scope of Services and Fee Schedule 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 ofa registered 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 engineer. 1.4 Surveying work included within or reasonably contemplated by this Agreement shall be performed under the direction and supervision ofa 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 architect services provided under this Agreement shall be performed under the direction and supervision of an architect licensed to practice architecture in the state of Colorado. (Agreement For Professional Engineering Services — 4/01/10) - 1- SECTION 2. ENGINEERING 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. (0 Prepare a Report with appropriate exhibits indicating clearly the considerations involved and the alternative solutions available to Owner, and setting forth Engineer's findings and recommendations with opinions of probable costs. (g) Furnish 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. (0 Engineer shall furnish 6 copies of each above referenced submittal document to Owner for Owner's use, and shall review same in person with Owner. (Agreement For Professional Engineering Services - 4/01/10) -2- 2.3 Final Design 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 plans 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 Accessibility 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 compliance with either the ADAAG Manual or 28 CFR ' 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 criteria, 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 Owner a current detailed cost estimate for the Project including construction cost, contingencies, professional compensation, consultant fees, land and right of way costs, damages and finance costs, if any. (e) Engineer shall furnish 6 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. 6 copies of these final bid documents shall be furnished to Owner. 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 (2009 or later version) format on electronic media. In addition, Engineer shall supply to the Owner 35 disks containing PDFs of all final bid documents. PDFs of construction drawings shall be printable in full size (24" x 36 ") at 20 scale and half size (11" x 17 ") at 40 scale. Disk shall be clearly label with Project Name and Number and contained within a protective case. (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. (Agreement For Professional Engineering Services — 4/01/10) -3- (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: acceptability 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: (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 and Fee Schedule 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 writing 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. (0 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, (Agreement For Professional Engineering Services — 4/01/10) -4- diagrams and charts required by the contract documents, and issuing a certificate of final completion of the Project. (I) 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 Architect 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 Owner from 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 principal 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 B - "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 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 (Agreement For Professional Engineering Services — 4/01/10) -5- • 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 interim 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 in 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 A — Scope of Service and Fee Schedule. 2.7 Requirements Where Federal Assistance Provided. (a) Engineer understands that Owner will be funding the Project in part or in whole by a grant or loan from Federal Highway Administration (the "Federal Agency "). Engineer agrees it is subject to and shall comply with all applicable grant or loan conditions and the regulations of the Federal Agency which apply to the work under this Agreement, whether referenced in Appendix A or not. All applicable loan or grant conditions and regulations of the Federal Agency and regulations are incorporated into this Agreement by reference. 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 criteria, 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. (d) Assist in arranging for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Owner shall provide Engineer the red line design for those components dealing with landscape architecture, irrigation and urban design. Owner shall also provide Landscape Architecture stamp if necessary. (f) 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 (Agreement For Professional Engineering Services - 4/01/10) -6- . , 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. (g) 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. (h) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (i) 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 C — Project Schedule Section 1 of this Agreement. 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, an amount not to exceed $ 29,994.00 in the aggregate, and not to exceed those maximum amounts set forth in Appendix A - Scope of Services and Fee Schedule and computed in accordance with this Section. In the event compensation for services is set forth in Appendix A as to each phase of work indicated in Section 1.1 of this Agreement, the maximum amount of compensation for any phase shall not exceed the amount specified in Appendix A for such phase 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 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 A - Scope of Services and 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 A - Scope of Services and 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 (Agreement For Professional Engineering Services - 4/01/10) -7- Paragraph 2.6(g). SECTION 6. TERMINATION. 6.1 The Owner reserves the right 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 incurring expenses, and shall promptly deliver to the Owner 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 A - Scope of Services and 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 in paragraph 5.1 and Appendix A. 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 roadway design, including sidewalk, curb ramps, various utilities, and streetscape 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, prior to date of termination. 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. Final 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 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 notes, designs, drawings, specifications, and 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 loss, claims, injury and judgments, damages and liabilities 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 advertizing or promotional materials, 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. (Agreement For Professional Engineering Services — 4/01/10) -8- 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 minimum 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 Tess 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 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. (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. 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, 81003, or to the Engineer at Matrix Design Group, Inc., Attention: Gerrit Slatter, 2435 Research Parkway, Suite 300, Colorado Springs, CO 80920. 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 (Agreement For Professional Engineering Services - 4/01/10) -9- 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 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 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, then this entire Agreement shall be void. 7.10 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. 7.11 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. 7.12 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. 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 non - binding. Failing resolution the next step would be formal mediation. 8.2 Pending resolution of any dispute or disagreement, or judicial review, Engineer shall proceed diligently with performance of his work under this Agreement. (Agreement For Professional Engineering Services - 4/01/10) - 10 - SECTION 9. APPENDICES. 9.1 The following Appendices are attached to and made a part of this Agreement: Appendix A - "Scope of Services and Fee Schedule" consisting of 1 page. Appendix B - "Identification of Personnel, Subcontractors and Task Responsibility" consisting of 1 page. Appendix C — "Project Schedule" consisting of 1 page. 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 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 ofthis 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 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: (1) 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. (Agreement For Professional Engineering Services - 4/01/10) - 1 1 - (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 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. SECTION 12. PERA LIABILITY The Contractor 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 Contractor shall fill out the questionnaire attached as Exhibit 1 and submit the completed form to City as part of the signed Agreement. (Signature page follows) (Agreement For Professional Engineering Services - 4/01/10) - 12- IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION ENGINEER /�� Name: airi,c �/es►3n (7(av P By Atl _ , / / /d'J By 91JL . tlitik, Pre-`•en .f, e C' ouncil Title: ViLG PRc Sl1t7Sr11 Attest: . City C k [S. -E - AL] BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. ,, LeharaL gini4p- _. tot: Director of Finance APPROVED AS TO FORM: At.b*,,,i.A____ City Attorn (Agreement For Professional Engineering Services — 4/01/10) - 13 - APPENDIX — A Scope of Work and Fee Schedule Not to Exceed: $29,994 SCOPE OF WORK FOR CONSTRUCTION DOCUMENTS FOR GRAND AVENUE STREETSCAPE The following scope of work is for the preparation of construction documents for Grand Avenue between Main Street and Union Avenue. This scope of work is applicable for the Grand Avenue Right of Way and twenty feet behind the east right of way line of Grand Avenue. The scope of work is broken into Project Management, Preliminary Design, Final Design and Bidding /Construction Documents. Project Management • Matrix will conduct project coordination meetings with City staff on a regular basis through the duration of the project. This task includes two Matrix staff members attending progress meetings with City representatives for a duration of three (3) months (this will include six (6) meetings total and assumes meetings will last 1.0 hours each). Important decisions from progress meetings will be documented and included in meeting minutes summaries prepared after each meeting. Six (6) hours of staff time are also included to cover the preparation and distribution of meeting minutes. • Matrix will also prepare exhibits for and attend one public informational meeting. This will include preparation time of four hours per exhibit and assumes that three exhibits will be prepared for the open house for a total of eight (12) hours. Matrix also assumes that two hours of preparation time and three hours of actual open house time will be required by two staff members for total of ten (10) hours. • It is assumed that coordination with outside entities such as property owners and CDOT will be accommodated within the standard progress meetings. Should additional coordination meetings with external stakeholders such as Urban Renewal, CDOT, or the Senior Resource Development Authority (SRDA) be required, Matrix will provide a separate scope of work for that time and effort. Utility Coordination • General Coordination. Matrix will coordinate with the following utility agencies to gather existing information and location data, mapping (if available) and adjustment expectations by the affected agency /company: A. Pueblo Wastewater Department B. Pueblo Board of Waterworks C. Comcast D. Qwest /Century Link E. Black Hills Energy (Electrical) F. XCEL Gas G. City IT /Stormwater /Wastewater Matrix will coordinate with each of the above companies for a total of one (1) hour each. The coordination will include email and telephone correspondence to obtain extant data for the design for a total of six hours of staff time and two hours of project management time 1 of 7 APPENDIX — A Scope of Work and Fee Schedule Not to Exceed: $29,994 for a sub -task total of seven (7) hours. • Base Mapping. After the utility data is collected, a base -map will be prepared; it will be prepared based upon information provided by the City, the utility companies, and the survey for the adjacent City Hall. Matrix will not survey any of the existing locations. A utility base -map will be prepared one time for submittal to each of the above listed utility companies. It is expected that this will take six (6) hours total staff time. • Meetings. Matrix will meet with each of the above identified utility companies one time at one hour each for a total of six hours to review the base mapping, existing locations and potential conflicts. An additional two hours of project management is also included on this sub -task for a total of eight (8) hours. Preliminary Design Phase $14,985.06 • Design Survey. Matrix will use the design survey prepared by others for the purpose of the Grand Avenue design. Matrix assumes that the existing conditions depicted in the survey are completely accurate and assumes no liability for errors that may be present in the survey. Matrix further assumes that the survey will include the necessary information and data that will be required to prepare design documents. ▪ Geotechnical Investigation. No geotechnical investigation is included as part of the project. • Geometric Layouts. Matrix will prepare a preliminary geometric layout on a roll plot that depicts the horizontal and vertical design and layout of the street for the one block stretch from Union Avenue to Main Street. The geometric layout will be based upon the concept design included in the RFP provided by the City. The roll plot will be prepared one time for review prior to preparing preliminary design documents. The roll plot will also include the anticipated typical section for the project. This sub -task will include six (6) hours of staff time. • Civil Engineering /Design. Matrix will conduct preliminary general civil engineering design to make revisions to the proposed layout to accommodate drainage and pedestrian features. This sub -task is included to focus on specific design issues that will need refinement such as profile grades around a curb return and identification of drainage inlet locations (note that a drainage study is not included). This sub -task will be completed preparatory to the preparation of the preliminary design documents and includes twelve (12) hours of staff time. Should this task require design efforts in excess of twelve hours of staff time, Matrix will provide a separate scope of work for that time and effort. • Preliminary Civil/Traffic Plan Preparation. Matrix will prepare preliminary street design documents to a 50% completion level for Grand Avenue between Main Street and Union Avenue. The project will also include curb return revisions in the intersections with Main Street and Union Avenue. Revisions to the SRDA site entail removal of existing driveways and replacement with streetscape elements. The City staff will coordinate SRDA site and parking issues if required for the project. The following sheets (expected number of sheets shown in parenthesis): o Title Sheet (1) o General Notes and Abbreviations (1) o Preliminary Typical Roadway Section (1) o Preliminary Removal /Demolition Plan (1) 2of7 APPENDIX — A Scope of Work and Fee Schedule Not to Exceed: $29,994 o Preliminary Roadway Plan and Profile (2) o Preliminary Storm Drain Plan and Profile (2) o Preliminary Signing and Striping Plan Sheet (1) o Preliminary Traffic Signal Plan Sheets (2) o Preliminary Roadway Cross Sections (4) o Landscape /Site Furnishings Plan will be CAD - Drafted by DSW and will be based upon the design prepared by City of Pueblo staff. The landscape /site plan will be drafted one time and revisions provided by the City will be incorporated into the final design. Up to three minor revision requests will be accommodated at this stage of the project, providing each request will require Tess than fifteen minutes of staff time. The preliminary street design plans will be prepared one time only and will be submitted to the City and known private franchise utilities for one (1) review and comment period. Twenty -seven (27) total hours of effort are expected for this task. It is expected that the City will review the preliminary design documents for a period of three weeks and that a single review period will be all that is required. • Easements. No right -of -way acquisition is anticipated for the project. Further, no monumentation or right -of -way determination will be made as part of this project scope. In the event it is determined that additional right -of -way is required, a separate proposal shall be prepared to quantify cost associated with the acquisition of required right -of -way including the preparation of legal descriptions with graphical exhibits. The project will require temporary easements to accommodate driveway and sidewalk construction along the project corridor. It is expected that all two (2) properties within the project will require a temporary easement. Matrix will prepare a temporary easement exhibit for each of the two properties one time for review and one time for submittal. The easement exhibit will be simple in nature, depicting the existing right -of -way line, and the dimension to the proposed temporary easement line, along with an easement area. Metes and bounds descriptions will not be part of the easement exhibit documentation. Matrix will not have direct coordination responsibilities with the property owners as it is expected that this will be the responsibility of the City of Pueblo. Thirteen (13) total hours of effort are expected for this task. • Preliminary Cost Opinion. A preliminary design level opinion of probable project cost will be prepared. The cost opinion will include probable construction costs for the project. Appropriate cost contingencies will be applied. Five (5) total hours of effort are expected for this task. • Preliminary Civil/Traffic Plan Review Meeting. As part of this phase of the project, Matrix will conduct a site visit and review meeting with the City project team to review the proposed design and visually inspect the existing conditions to look for potential problems, conflicts or concerns with the design and how it may interface with the existing conditions of the site. Comments and observations from the site visit will be documented and incorporated into the final design phase of the project. It is expected that two staff members from Matrix will attend the site review meeting at a length of not more than two (2) hours. Four (4) total hours of effort are expected for this task. Final Design Phase $12,147.84 • Civil Engineering /Design. Matrix will conduct final general civil engineering design to make revisions to the preliminary design to accommodate traffic signal, drainage and pedestrian 3 of 7 APPENDIX — A Scope of Work and Fee Schedule Not to Exceed: $29,994 features. This sub -task is included to focus on specific design issues that will need refinement such as traffic signal pole locations, profile grades around a curb return and identification of drainage inlet locations (note that no traffic or drainage study is included). This sub -task will be completed preparatory to the preparation of the final design documents and includes ten (10) hours of staff time. Should this task require design efforts in excess of ten hours of staff time, Matrix will provide a separate scope of work for that time and effort. • Final Civil/Traffic Plan Documents. The final roadway design document task will involve the preparation of final street design documents to a 90% completion level including the following sheets (anticipated number of sheets shown in parenthesis): o Title Sheet (1) o Summary of Approximate Quantities (1) o General Notes and Abbreviations (1) o Final Typical Roadway Sections (1) o Final Demolition Plan (1) o Final Roadway Plan and Profile (2) o Final Storm Drain Plan and Profile (2) o Final Intersection Plan Sheet (2) (Union, Main) o Final Traffic Signal Plan Sheets (2) o Final Roadway Details (2) o Final Signing and Striping Plan Sheet (2) o Final Roadway Cross Sections (4) o Landscape /Site Furnishings /Lighting Plan will be CAD - Drafted by DSW and will be based upon the design prepared by City of Pueblo staff. The landscape /site plan will be drafted one time. Up to three minor revision requests will be accommodated at this stage of the project, providing each request will require less than fifteen minutes of staff time. The final street design plans will be prepared one time only and will be submitted to the City and known private franchise utilities for one (1) review and comment period. It is expected that the City will review the final design for a period of three weeks and that a single review meeting will be held one time. Forty (40) total hours of effort are expected for this sub -task. • Specifications. A draft final project specifications book /manual will be prepared for the project that is representative of the work items included on the above listed plan sheets. It will address specific project specifications not already addressed with the standard City specifications or general conditions. It will also include project special provisions and project general conditions. The specifications manual will be prepared one time for review. Seven (7) total hours of effort are expected for this sub -task. • Final Cost Opinion. A final design level opinion of probable project cost will be prepared. The cost opinion will include probable construction costs for the project. Appropriate cost contingencies will be applied. Six (6) total hours of effort are expected for this task. • Final Civil/Traffic Plan Review Meeting. As part of this phase of the project, Matrix will conduct a review meeting with the City project team to review the proposed design. Comments and observations from the final document review will be documented by City staff and incorporated into the construction documents for the project. It is expected that two staff members from Matrix will attend the review meeting at a length of not more than two (2) hours (total of four hours). 4 of 7 APPENDIX — A Scope of Work and Fee Schedule Not to Exceed: $29,994 Bidding /Construction Documents $2,586.42 • Matrix will prepare the complete Final Bid /Construction Documents for the project, together with a Project Manual that will include a bid schedule, project general conditions, specifications, and special provisions. The project document list will include those drawings as identified above in the Final Design Phase. The final bid set will include comments received from the City. Forty eight (48) total hours of effort are expected for this task. Construction Services • Meetings. Matrix will attend a Pre -Bid Meeting. Matrix will send a representative to attend the Bid Opening. • Matrix will prepare necessary Bid Addenda and will be available to answer questions and provide drawing interpretation up to eight staff hours. • Matrix will respond to construction "RFI's" up to eight hours. • It is expected that twenty four hours of staff time will be required of this task. Direct Expenses $275.00 A. Reproduction / Postage / Mileage / etc. 5 of 7 APPENDIX — A Scope of Work and Fee Schedule Not to Exceed: $29,994 6 of 7 APPENDIX — A Scope of Work and Fee Schedule Not to Exceed: $29,994 H n 1 • t • ti DESIGN GROUP t y STANDARD HOURLY RATES 2011 - 2012 (Subject to revision annually in October) Classification Hourly Rate Principal $220.00 Vice President $180.00 Senior Associate $145.00 Associate $125.00 Sr. Consultant $117.00 Consultant II $ 90.00 Consultant! $ 76.00 Professional III $ 85.00 Professional II $ 76.0 Professional 1 $ 65.00 Staff V $ 85.00 Staff IV S 75.00 Staff III Ad min $ 65.00 Staff II $ 55.00 Staff I $ 50.00 1- Person Survey Crew $ 95.00 2- Person Survey Crew $ 130.00 3- Person Survey Crew $ 180.00 If applicable, mileage will be charged at the Federal government allowable rate. All other direct expenses attributable to the Project will be charged to Client at cost. 7 of 7 APPENDIX B Identification of Personnel, Subcontractors and Task Responsibility 6e 1. annex Pe, fOe PROJeCt MANAGeR PROFESSIONAL SUMMARY Gerrit is a Transportation Project Manager with 16 years of well- rounded experience on both large and small infrastructure design projects for county and state DOT's, and municipal clients. He has served as the project manager for over $150 Millionin public infrastructure improvements through -out his career and is capable of deploying critical project management approaches that are suitable for the project he is managing. He is skilled in performing in transportation, traffic engineering, and roadway drainage design functions and is very familiar with all aspects of geometric layout, intersection design, signalization, traffic control, safety considerations, and signing/pavement marking. He is also knowledgeable with regard to the latest AASHTO, MUTCD, HCM, and CDOT design standards. EIMIOND 0. PeReZ 111, Pe senloR Associate PROFESSIONAL SUMMARY Ray Perez is a Professional Engineer with more than 18 years of Project Management experience. Ray has worked with a variety of clients including municipalities and private developers and has developed exceptional management skills for all types of development and construction projects. As a Senior Associate with Matrix Design Group, Ray has led numerous projects to completion under budget and on time utilizing his engineering experience, confident decision making, and superior project management skills. Daum U, Pe ROADWAY enoineeR PROFESSIONAL SUMMARY Dave has six years of progressive experience in various civil and transportation engineering projects within the public infrastructure sector with a commitment to quality service and design. Mr. Tusler is knowledgeable of the County design and AASHTO standards for public streets and roadways. Mr. Tusler also has experience ranging from hydrology and hydraulics to utility, horizontal and vertical geometry, urban intersection, and pedestrian ramp design. Mr. Tusler is also an expert with the use of 3D Civil /BIM type software design applications, which allows the designer to see conflicts and problems before they arise in construction in order to deliver a more valuable and complete design for the client. • APPENDIX B Identification of Personnel, Subcontractors and Task Responsibility I; A. S OCK, PO DesiiGn enGIneeR PROFESSIONAL SUMMARY Mr. Shyrock has 13 years of progressive experience in various civil engineering projects for both the private and public sectors with a commitment to quality service and design. His expertise is in, but not limited to, subdivision design, commercial and industrial site design, water resources engineering, and construction management. He currently works as a member of Matrix Design Group, Inc_s Land Development and Water Resources teams. Bo Ocx LanInca?. Ann us PROFESSIONAL SUMMARY Bob Eck is Vice - President and Principal of DSW with over 28 years of professional experience in master planning and design for public and private sector projects. Bob has extensive experience in Colorado as well as land planning experience throughout the United States. Bob has managed and participated in multi - disciplinary teams, with a focus on urban design framework planning for redevelopment areas associated with transportation and river corridors. Bob is an accomplished public facilitator and manager of numerous project related public outreach campaigns. 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