HomeMy WebLinkAbout12905RESOLUTION NO. 12905
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO AND MATRIX DESIGN
GROUP FOR PROFESSIONAL SERVICES ASSOCIATED
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WITH THE EAST 4 STREET ENHANCEMENT DESIGN
AND CONSTRUCTION DOCUMENTS PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
An Agreement, a copy of which is attached hereto, after having been approved
as to form by the City Attorney, by and between the City of Pueblo, a Municipal
Corporation, and Matrix Design Group is hereby approved.
SECTION 2.
Funds for said professional services shall be paid from a grant from Project No.
PL1303.
SECTION 3.
The President of the City Council is hereby authorized to execute said
Agreement on behalf of the City of Pueblo and the City Clerk shall affix the seal of the
City thereto and attest the same.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the attached instruments to
effectuate the transactions described therein.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: _ MARCH 10, 2014________
BY: Ami Nawrocki
COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE: MARCH 10, 2014 AGENDA ITEM # M-1
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
STEVEN MEIER, DIRECTOR
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO
AND MATRIX DESIGN GROUP FOR PROFESSIONAL SERVICES ASSOCIATED
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WITH THE EAST 4 STREET ENHANCEMENT DESIGN AND CONSTRUCTION
DOCUMENTS PROJECT
ISSUE
Should City Council enter into an agreement with Matrix Design Group for the design,
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engineering, and development of construction documents for the East 4 Street Design
and Construction Documents Project?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
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The East 4 Street Enhancement Design and Construction Document Project is a
multifaceted project that includes planning and engineering for aesthetic improvements
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and increased safety measures for pedestrian and vehicular traffic along East 4 Street.
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All improvements will be located within the East 4 Street (State Highway 96) right-of-
way extending east from Erie Avenue to Hudson Avenue. The Project includes the
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survey, design, and completion of construction documents for the declining East 4
Street commercial corridor. The City of Pueblo is currently partnering with the Colorado
Department of Transportation to secure funding to implement the plan’s
recommendations for safety improvements, which will include improved crosswalks and
lighting.
The City advertised a Request for Proposals and received responses from four firms. A
selection committee evaluated the proposals and deemed Matrix Design Group as the
most qualified.
FINANCIAL IMPACT
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The total cost of professional services is $90,015 and will be paid from the East 4
Street Enhancement Planning and Engineering Project, No. PL1303.
STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered this 28th day of February, 2014 by and between the City
of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Matrix Design Group, Inc.
, a professional consulting firm (hereinafter "Consultant ") for Consultant to render certain
professional consulting and related services for Owner in connection with East 4`" Street Enhancement
Design and Construction
, 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 Consultant shall satisfactorily perform professional consulting services for all phases of
Project indicated below by mark placed in the appropriate box or boxes:
[X) - Study and Report Phase
[X ] - Preliminary Design (Schematic) Phase
[X ] - Final Design Phase
[X ] - Construction and Bidding Documents
Upon completion of any phase, Consultant 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 consulting services and the furnishing
(directly or through its professional consultants) of customary and usual civil, structural, mechanical, electrical
consulting, environmental, and planning services. Engineer shall also provide any landscape engineering,
surveying and geotechnical services incident to its work on the Project.
1.2 In performing the professional services, Consultant shall complete the work items described
generally in Appendix A — Scope of Services and Appendix B- Fee Schedule and the items identified in
Section 2 of this Agreement which are applicable to each phase for which Consultant is to render professional
services.
1.3 Professional engineering services (whether furnished directly or through a professional
consultant subcontract) shall be performed under the direction and supervision of a registered 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 of a registered Professional Land Surveyor in good standing
and duly licensed to practice in the State of Colorado. All plats and surveys produced under this Agreement
shall be signed by and bear the seal of said Professional Land Surveyor.
1.5 Any landscape architectural services provided under this Agreement shall be performed
under the direction and supervision of a landscape architect licensed to practice architecture in the state of
Colorado.
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(f) Consultant shall furnish 6 hardcopies and 1 digital copy of each above referenced
submittal document to Owner for Owner's use, and shall review same in person with Owner.
2.3 Final Design Phase. Consultant is to provide professional services with respect to the Project
during the Final Design Phase, Consultant 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 therefore. 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 the 2010 ADA Standards for Accessible
Design as published by the Department of Justice in the Federal Register on September 15, 2010. Consultant
shall include an attest statement on each record drawing sheet of final plan drawings that certifies compliance
with the 2010 ADA 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 Consultant'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) Consultant shall furnish 6 hardcopies and 1 digital copy of each above referenced
submittal document to Owner for Owner's use, and shall review same in person with Owner.
2.4 Construction and Bidding Documents. If Consultant is to provide professional services with
respect to the Construction and Bidding Documents, Consultant 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, Consultant 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. Three (3) hardcopies and 1 digital copy of the final bid documents shall be furnished to Owner.
The digital copy of the bid documents shall include PDF construction drawings printable in full size (24 "x36 ")
at a 20 inch scale and half size (11 "x17 ") at a 40 inch scale. 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
(2013 or later version) format on electronic media.
2.5 Additional Responsibilities. This paragraph applies to all phases of Consultant's work.
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(a) Consultant shall be responsible for the professional quality, technical accuracy,
timely completion and coordination of all of Consultant's work, including that performed by Consultant's sub -
consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of
Owner's approval or acquiescence in same. Consultant shall, without additional compensation, correct or
revise any errors, omissions or other deficiencies in his or her work.
(b) Consultant shall be responsible, in accordance with applicable law, to Owner for all
loss or damage to Owner caused by Consultant's negligent act or omission; except that Consultant 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) Consultant's professional responsibility shall comply with the standard of care
applicable to the type of consulting and architectural services provided, commensurate with the size, scope and
nature of the Project.
(d) Consultant shall be completely responsible for the safety of Consultant's employees
in the execution of work under this Agreement, shall provide all necessary safety equipment for said
employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or
injury to Consultant's employees.
(e) Consultant acknowledges that, due to the nature of consulting 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 Consultant assigns principal responsibility for services performed under
this Agreement. Consequently, Consultant represents that Consultant has selected and intends to employ or
assign the key personnel and consultants identified in Appendix C - "Identification of Personnel,
Subcontractors and Task Responsibility ", attached hereto for the Project assignments and areas of
responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to
object in writing to employment on the Project of any such key person, consultant or assignment of principal
responsibility, in which case Consultant will employ alternate personnel for such function or reassign such
responsibility to another to whom Owner has no reasonable objection. Thereafter, Consultant shall not assign
or reassign Project work to any person to whom Owner has reasonable objection.
Within 5 days of execution of this Agreement, Consultant shall designate in writing a Project
representative who shall have complete authority to bind Consultant, and to whom Owner should address
communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from
Owner to proceed, Consultant shall submit to Owner for approval a schedule showing the order in which
Consultant proposes to accomplish his work, with dates on which he will commence and complete each major
work item. The schedule shall provide for performance of the work in a timely manner so as to not delay
Owner's time table for achievement of interim tasks and final completion of Project work, provided however,
the Consultant will not be responsible for delays beyond his control.
(g) Before undertaking any work which Consultant considers beyond or in addition to
the scope of work and services which Consultant has contractually agreed to perform under the terms of this
Agreement, Consultant shall advise Owner in writing (i) that Consultant considers the work beyond the scope
of this Agreement, (ii) the reasons the Consultant believes the out of scope or additional work should be
performed, and (iii) a reasonable estimate of the cost of such work. Consultant 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
Consultant shall be compensated for his direct costs and professional time at the rates set forth in Appendix B -
"Fee Schedule ".
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2.6 Requirements Where Federal Assistance Provided.
(a) Consultant understands that Owner will be funding the Project in part or in whole by a grant or
loan from the Federal Highway Administration (the "Federal Agency "). Consultant 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 Consultant 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 Consultant 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 Consultant 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 Consultant to have access to enter private and public property
as required for Consultant to perform his services.
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by Consultant, and render written decisions pertaining thereto within a reasonable time.
The Owner's approval of Drawings, design, Specifications, reports and incidental consulting work or materials
furnished hereunder shall not in any way relieve the Consultant of responsibility for the professional adequacy
of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement.
(f) Upon advice of the necessity to do so from Consultant, obtain required approvals and
permits for the Project. The Consultant shall provide all supportive documents and exhibits necessary for
obtaining said approvals and permits.
(g) Notify Consultant whenever Owner becomes aware of any substantial development
or occurrence which materially affects the scope or timing of Consultant's services.
(h) Owner shall perform its obligations and render decisions within a reasonable time
under the presented circumstances. However, given the nature of Owner's internal organization and
requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision
or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with
respect to any matter involving policy or significant financial impact.
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SECTION 4. TIME FOR PERFORMANCE.
Consultant's obligation to render services shall continue for such period of time as may reasonably be
required for completion of the work contemplated in Appendix A - Scope of Services and Section 1 of this
Agreement.
SECTION 5. PAYMENT.
5.1 Owner will pay to Consultant as full compensation for all services required to be performed
by Consultant under this Agreement, except for services for additional work or work beyond the scope of this
Agreement, an amount not to exceed $ 90,015 in the aggregate, and not to exceed those maximum amounts set
forth in Appendix B - "Fee Schedule" and computed in accordance with this Section. In the event
compensation for services is set forth in Appendix B 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 B for such phase
5.2 Consultant 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 Consultant 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 Consultant's services on the Project phases for which this Agreement is applicable have been
completed to Owner's reasonable satisfaction and all required Consultant submittals have been provided.
5.3 The rates of compensation for service and for reimbursable expenses to be used with periodic
and final payment applications shall be those set forth in Appendix B - "Fee Schedule."
5.4 No separate or additional payment shall be made for profit, overhead, local telephone
expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless
otherwise provided and listed in Appendix B - "Fee Schedule."
5.5 No compensation shall be paid to Consultant for services required and expenditures incurred
in correcting Consultant's mistakes or negligence.
5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed by
Paragraph 2.5(g).
SECTION 6. TERMINATION.
6.1 The Owner reserves the right to terminate this Agreement and Consultant's performance
hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination,
Consultant shall cease all work and stop incurring expenses, and shall promptly deliver to the Owner all data,
Drawings, Specifications, reports, estimates, calculations, summaries and all other information, and materials
as Consultant 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 Consultant,
Consultant shall be paid at the rates specified in Appendix B - "Fee Schedule" for all services rendered and
reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of
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termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to
Owner or Consultant. In no event shall payment to Consultant upon termination exceed the maximum
compensation provided for complete performance in paragraph 5.1 and Appendix B.
6.3 In the event termination of this Agreement or Consultant's services is for breach of this
Agreement by Consultant, or for other fault of Consultant 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 Consultants specializing in the design of streetscapes or to perform
work in a manner deemed unsatisfactory by Owner's Director of Public Works, then in that event, Consultant'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 Consultant's professional responsibility for his completed work and services shall survive any
termination.
SECTION 7. GENERAL PROVISIONS.
7.1 (a) Ownership of Documents. All designs, Drawings, Specifications, technical data, and
other documents or instruments procured or produced by the Consultant in the performance of this Agreement
shall be the sole property of the Owner and the Owner is vested with all rights therein of whatever kind and
however created, whether created by common law, statutory law, or by equity. The Consultant agrees that the
Owner shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings,
specifications, and all other technical data pertaining to the work to be performed under this Agreement. In
the event Owner uses the designs, Drawings or Specifications provided hereunder for another project
independent from Project, without adaptation by Consultant, Owner shall hold harmless and indemnify
Consultant from all loss, claims, injury and judgments arising from the use of such designs, Drawings or
Specifications for such other project.
(b) Advertising. Unless specifically approved in advance in writing by Owner,
Consultant shall not include representations of the Project in any advertizing or promotional materials, except
for accurate statements contained in resumes or curriculum vitae of Consultant's employees. If Consultant
wishes to include representations in advertising or promotional materials, it shall submit a draft of same and
printer's proof of the proposed advertising or promotional materials to the Owner for prior review and shall not
publish or distribute same unless written approval of the materials is first obtained.
7.2 Insurance and Indemnity.
(a) Consultant 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 Consultant shall obtain and keep in force is
as follows:
(i) Workers' Compensation Insurance complying with statutory requirements in
Colorado and in any other state or states where the work is performed.
(ii) Comprehensive General and Automobile Liability Insurance with limits not
less than One Million and No /100 Dollars ($1,000,000.00) per person and per occurrence for personal
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injury, including but not limited to death and bodily injury, One Million and No /100 Dollars
($1,000,000.00) 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 $100,000.00.
(c) Consultant 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 Consultant, his employees,
subcontractors and consultants.
7.3 Notices. Any and all notices or other communications required or permitted by this
Agreement or by law to be served on or given to either the Owner or the Consultant by the other party shall be
in writing and shall be deemed duly served and given when personally delivered to the party to whom it is
directed, or in lieu of such personal service when deposited in the United States mail, first -class postage
prepaid, addressed to the Owner, Attention: Earl Wilkinson, Department of Public Works, 211 E. "D" Street,
Pueblo, Colorado, or to the Consultant at 503 N. Main Street, Suite 27, Pueblo, CO 81003. 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
Consultant respecting the Project, and any other written or oral agreement or representation respecting the
Project or the duties of either the Owner or the Consultant 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 Consultant may be
assigned by him without the written consent of the Owner.
7.6 Amendments. No amendment to this Agreement shall be made nor be enforceable unless
made by written Amendment signed by an authorized representative of Consultant 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,
Consultant shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, national origin, disability or age. Consultant 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 2.5, 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 2.5 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.
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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 Consultant 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 Consultant 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, Consultant agrees to be bound by all such mandatory federal
requirements, irrespective of Consultant'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. Consultant acknowledges that the Project
may require access to property not under the control of Owner at the time of execution of this Agreement.
Consultant and Consultant's employees and consultants shall, at Consultant's expense, obtain all additional
necessary approvals and clearances required for access to such property. Owner shall assist Consultant in
obtaining access to such property at reasonable times but make no warranty or representation whatsoever
regarding access to such property. Consultant understands and agrees that entry to properties not under
Owner's control may require Consultant 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 Consultant and Owner arising from or relating to this
Agreement or Consultant's services or right to payment hereunder shall be determined and decided by the
Owner's Director of Public Works whose written decision shall be final and binding unless judicial review is
sought in a Colorado Court of competent jurisdiction pursuant to Rule 106, C.R.C.P.
8.2 Pending resolution of any dispute or disagreement, or judicial review, Consultant shall
proceed diligently with performance of his work under this Agreement.
SECTION 9. APPENDICES.
9.1 The following Appendices are attached to and made a part of this Agreement:
Appendix A - "Scope of Services" consisting of _ four pages.
Appendix B - "Fee Schedule" consisting of one page.
Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility."
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 Consultant therefore, will use his or her best reasonable professional efforts to
implement applicable ADA requirements and other federal, state and local laws, rules codes, ordinances and
regulations as they apply to the Project.
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SECTION 11 — STATE- IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING
WORK
(a) At or prior to the time for execution of this Agreement, Consultant 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 Consultant 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) Consultant 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 Consultant that the
subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this
contract.
(c) The following state - imposed requirements apply to this contract:
(I) The Consultant 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 Consultant is prohibited from using the E- Verify Program or Department
Program procedures to undertake pre - employment screening of job applicants while this Agreement is
being performed.
(III) If the Consultant 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 Consultant shall be required to:
A. Notify the subconsultant and the Purchasing Agent of the City within three
(3) days that the Consultant 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 Consultant 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 Consultant 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.
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(d) Violation of this Section by the Consultant shall constitute a breach of contract and grounds
for termination. In the event of such termination, the Consultant shall be liable for Owner's actual and
consequential damages.
(e) Nothing in this Section shall be construed as requiring the Consultant to violate any terms of
participation in the E- Verify Program.
(f) Violation of this Section 11 by the Consultant shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Consultant 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 Consultant 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.
SECTION 13. Reserved
(Signature page follows)
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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 CON . 'ANT
Name: _. ,
By th By - — .04 mss.
President of the City Council a4,-- Aitfa...-- Title:
,-
Attest:
City CI
[SEA'L.]
BALANCE OF APPROPRIATION EXISTS FOR THIS
CONTRACT AND FUNDS ARE AVAILABLE.
kbatth wloi'll'
� d f 2irector of Finance
APPROVED AS TO FORM:
'61/1/1.t.tjt4 . 1 V
City Attorney
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COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24- 51- 1101(2), C.R.S., salary or other compensation from the employment, engagement,
retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees
Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an
affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent
contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo.
Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed
and returned to the City of Pueblo:
(a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree
who will perform any services for the City of Pueblo? Yes , No X . (Must sign below whether you answer "yes" or
"no ")
(b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole
proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes
, No X . If you answered "yes" please state which of the above entities best describes your business:
•
(c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of
each such PERA Retiree.
Name Address Social Security Number
Name Address Social Security Number
(If more than two, please attach a supplemental list)
If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution
required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or
paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of
Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or
payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you
and the City of Pueblo.
Failure to accurately complete, sign and return this document to the City of Pueblo may
result in your being denied the privilege or doing business w' e City of Pueblo.
Signed Date: March 03
Company Name: a't Design G
Signature: _ _
/�
Signer's Name: Eric W. mith
Signer's "Title:, Vice President
For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or
cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or
adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the
PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's
siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the
performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or
compensation.
SCOPE OF WORK FOR CONSTRUCTION DOCUMENTS FOR
4 Street Enhancement Project
The following scope of work is for the preparation of construction documents for 4 Street Avenue
between Erie Avenue and Hudson Avenue. This scope of work is applicable for the street section
enveloped in the 4th Street Right of Way and adjacent side streets to the alley. The scope of work is
broken into Project Coordination, Preliminary Design, Final Design and Construction Documents.
Study and Report Phase
• 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 over the course of the project effort to include two
meetings each for the Project Kick -Off /Initial Coordination phase, the Preliminary Design
phase, the Final Design phase, and the Construction Document phase as well as a meeting to
coordinate with CDOT. This will include nine (9) meetings total and assumes meetings will
last two hours each. Important decisions from progress meetings will be documented and
included in meeting minutes summaries prepared after each meeting. Eight (8) hours of
staff time are also included to cover the preparation and distribution of meeting minutes.
• Matrix will also prepare exhibits for and attend two public informational meetings. Matrix
assumes that twenty eight (28) hours of exhibit preparation, meeting, and follow -up time
will be needed for each open house. A total of fifty -six (56) hours is proposed for this task.
• 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 or CDOT be required, Matrix
will provide a separate scope of work for that time and effort.
Survey /Utilities Coordination
• Utilities Coordination. Matrix will sub - consult with Northstar Engineering to 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 E. Black Hills Energy (Electrical)
Department F. XCEL Gas
B. Pueblo Board of Waterworks G. City Stormwater /Wastewater
C. Comcast H. City Traffic
D. Qwest /Century Link
• Base Mapping. Matrix will sub - consult with Edward James Surveying to prepare a design
survey of 4th Street from the intersection of Erie Avenue to the intersection of Hudson
Avenue. At each street intersection, the survey will extend 100' north and south from the
centerline of 4th street and 20' north and south at alleys, as well as 100' west of Erie and
100' east of Hudson respectively. The survey will consist of the location of all visible features
and contouring. The survey will also include building corners within that have frontage to
the street Right -of -Way and elevations shots at entry doors. The survey will also locate
visible utilities as marked on the ground and measure inverts of existing storm and sanitary
manholes.
Scope of Work — 4 Street Enhancement Project
1/29/14 Page 2 of 4
• Right of Way /Ownership Map. Matrix will sub - consult with Edward James Surveying to
survey existing centerline monumentation and prepare an ownership map showing the
right -of -way of 4` street from Erie Avenue to Hudson Avenue. This map will also show as-
platted lots adjacent to the right -of -way with owner's names. Temporary Easements that
may be needed for the project will be shown on the roadway plans. The Pueblo County
Assessor's website will be used to determine ownership. The existing centerline
monumentation is located in existing drive lanes under the asphalt, therefore, the budget
includes a one -time traffic control set -up to detour traffic while the monuments are
exposed and located. No new survey monuments or property corners will be set for this
survey.
Preliminary Design Phase
• 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 project limits. 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 and include key design elements to be included in the ultimate project design.
The roll plot will also include the anticipated typical section for the project. This sub -task will
include thirty -nine (39) hours of staff time.
• Civil Engineering /Design. Matrix will conduct preliminary general civil engineering design to
that addresses traffic, drainage, urban design and pedestrian features. This task is intended
to focus on specific design issues such as profile grades at intersections, identification of
drainage inlet locations (note that stormwater modeling is not included). The City staff will
coordinate site and parking issues if required for the project with individual property and
business owners. This task will be completed preparatory to the preparation of the
preliminary design documents. Based on City comments provided during scope discussions,
this task includes only modifications to /relocations of existing inlets and upsizing of existing
laterals to 18" minimum diameter. Should this task require design efforts in excess of
budgeted time shown in the fee summary table, Matrix will provide a separate scope of
work for that time and effort. Forty -four (44) total hours of effort are expected for this task.
• Preliminary Civil /Traffic Plan Preparation. Matrix will prepare preliminary street design
documents to a 50% completion level for 4 Street between Erie Avenue and Hudson
Avenue. The following sheets will be included in the plan set (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 (2)
o Preliminary Roadway Plan and Profile (2)
o Preliminary Roadway Details (2)
o Preliminary Utility Adjustment Plan (4)
•
Scope of Work — 4 Street Enhancement Project
1/29/14 Page 3 of 4
o Preliminary Storm Drain Plan and Profile (4)
o Preliminary Signing and Striping Plan Sheet (2)
o Preliminary Traffic Signal Plan Sheets (2)
o Preliminary Roadway Cross Sections (12)
o Urban Design Plan documents (12) , including:
• Landscape /Planting Plan
• Irrigation Plan
• Lighting and Site Improvement Plan
The preliminary street design plans will be prepared one time 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 preliminary design documents for a period of three weeks and that a
single review period will be all that is required. Forty -nine (49) 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.
Final Design Phase
o 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
features. This task is included to focus on specific design issues that will need refinement
such as urban design elements, traffic signal pole locations, profile grades and identification
of drainage inlet locations. As indicated in Task A.5, storm sewer system improvements for
this project shall consist of modifications to /relocations of existing inlets and upsizing of
existing laterals to 18" minimum diameter. If significant loss of system capacity results from
proposed streetscape improvements, direction regarding flow routing alternatives will be
discussed with City Stormwater Department Staff and additional services may be required.
This Task does not include the design of any off -site stormwater system improvements.
Based on proposed layout and sizing of storm sewer improvements in the preliminary
design task, potential utility conflicts will be identified and may require "potholing" which is
not presently included in the scope of work. This task will be completed prior to the
preparation of the final design documents and includes one hundred thirty two (132) hours
of staff time. Should this task require design efforts in excess of the proposed 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)
Scope of Work — 4 Street Enhancement Project
1/29/14 Page 4 of 4
o Final Demolition Plan (2)
o Final Roadway Plan and Profile (2) (temporary easements that may be needed for
the project will be shown on the roadway plans
o Final Storm Drain Plan and Profile (4)
o Final Intersection Plan Sheet (3)
o Preliminary Traffic Signal Plan Sheets (2)
o Preliminary Roadway Cross Sections (12)
o Urban Design Plan documents (12) , including:
• Landscape /Planting Plan
• Irrigation Plan
• Lighting and Site Improvement Plan
o Final Signing and Striping Plan Sheet (2)
o Final Roadway Cross Sections (12)
The final street design plans will be prepared one time 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. Ninety -six (96) total hours of effort are expected for this
task.
• Specifications. A draft final project specifications document 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 Construction Documents
Matrix will prepare the complete Final Construction Documents including Project Specifications. The
construction documents will incorporate proposed urban and street design elements, on -site drainage
system improvements and utility relocations onto project base - mapping construction documents.
Information to be incorporated onto base mapping for proposed improvements will include
horizontal /locational data (station /offset), vertical elevations, size, etc. The project document list will
include those drawings as identified above in the Final Design Phase. Seventy -six (76) total hours of
effort are expected for this task.
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Appendix C. Identification of Personnel, Subcontractors and Task Responsibility
Firm Name Task
Matrix Design Group
Gerrit Slatter Project Management
Bob Eck Landscape /Urban Design
Dave Tusler Roadway Design
Teresa Roberson Landscape Design
Brian Bern Traffic Engineering
Edward James Surveying
Edward Fisher Surveying /Right of Way
Northstar Engineering
Mike Cuppy Stormwater /Utilities Design /Coord