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HomeMy WebLinkAbout13703 RESOLUTION NO. 13703 A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND NORTHSTAR ENGINEERING AND SURVEYING, INC, IN THE AMOUNT OF $16,300 RELATING TO THE SURVEYING AND MAPPING FOR THE CONVEYANCE AND DISCONNECTION OF THE CITY-OWNED PUEBLO SPRINGS RANCH PROPERTY AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE WHEREAS, NorthStar Engineering and Surveying, Inc. has been selected to provide professional services for the preparation of legal descriptions and mapping related to the reconveyance of City-owned property commonly known as the “Pueblo Springs Ranch Lariat” and the disconnection of the property from the city limits of Pueblo; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Professional Architectural Services dated June 26, 2017, between the City of Pueblo, a Municipal Corporation, and NorthStar Engineering and Surveying, Inc. of which a copy is attached hereto and on file at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver said Agreement on behalf of the City 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 $16,300 for said professional services shall be paid from the Pueblo Springs Ranch Escrow Planning and Legal Accounts. 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 Agreement to effectuate the transactions described herein. SECTION 5. This Resolution shall become immediately effective upon passage and approval. INTRODUCED June 26, 2017 BY: Ed Brown City Clerk’s Office Item # M-2 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: June 26, 2017 TO: President Stephan G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director Planning and Community Development Department SUBJECT: A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND NORTHSTAR ENGINEERING AND SURVEYING, INC, IN THE AMOUNT OF $16,300 RELATING TO THE SURVEYING AND MAPPING FOR THE CONVEYANCE AND DISCONNECTION OF THE CITY-OWNED PUEBLO SPRINGS RANCH PROPERTY AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SUMMARY: Attached for consideration is a resolution approving an agreement with NorthStar Engineering and Survey, Inc to compete surveying and mapping for the reconveyance and disconnection of City-owned property commonly known as the Pueblo Springs Ranch “Lariat” property. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Pueblo Springs Ranch property, commonly referred to as “The Lariat”, that provided for the contiguity to enable the City of Pueblo to annex the property into the City of Pueblo. The Warranty Deed and Right of Reversion dated October 22, 2007 provided for the reconveyance of the property from the City back to the property owner(s) if the annexation was not completed within a set period identified in the deed as the “triggering event”. After multiple modifications to the triggering event in the Warranty Deed and Right of Reversion, in 2016 the deed was not modified and resulted in the City’s requirement to convey “The Lariat” back to the property owners, and cooperated with the property owner(s) for the disconnection of the property from the city limits of Pueblo. The Pueblo Springs Ranch deed to the City requires the reconveyance of “The Lariat” property to the Pueblo Springs Ranch property owners. The original legal description of the property conveyed to the City was prepared by NorthStar Engineering and Surveying, Inc. which is the most expedient and cost effective way to have the legal descriptions and plat maps completed. This resolution approves an agreement with NorthStar Engineering and Surveying, Inc for the preparation of the legal descriptions to convey “The Lariat” property to the three current owners of the Pueblo Springs Ranch property, along with plats for the disconnection of the property from the City. FINANCIAL IMPLICATIONS: The cost of the surveying and mapping will be paid from the Pueblo Springs Ranch Escrow accounts for planning and legal services provided by the original property owner through an escrow agreement approved by City Council through Resolution No. 11304 dated May 27, 2008. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Formal bid process for proposals to prepare legal descriptions and maps which will not comply with the timeliness for the reconveyance of the property. RECOMMENDATION: Approval of Resolution. Attachments: Professional Service Agreement AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 26th day of June, 2017, by and between the Pueblo, a Municipal Corporation ("Client") and NorthStar Engineering and Surveying, Inc. (hereinafter referred to as"Consultant") for Consultant to render professional services for Client with respect to providing legal descriptions and mapping related to the Pueblo Springs Ranch property reconveyance and disconnection from the City of Pueblo, as well as related ancillary and consulting services, hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL AND SCOPE OF SERVICES. (a) Consultant shall satisfactorily perform the professional planning and consulting services for the Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Scope of Services"). Such services shall include all usual and customary professional consulting services including any property legal descriptions and related mapping, and other services incident to its work on the Project. (b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors or subconsultants as it is for services performed directly by Consultant or Consultant's employees. (c) To the extent Consultant requires access to private property to perform its services hereunder, Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of consent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to Consultant upon request. SECTION 2. CONSULTANT'S RESPONSIBILITIES. (a) Consultant shall be responsible for the professional quality, technical accuracy and timely completion of Consultant's work, including that performed by Consultant's subconsultants and subcontractors, and including legal descriptions, maps and other services, irrespective of Client's approval of or acquiescence in same. (b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses Client and Client's 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, whether now existing or hereafter enacted. (c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. - 1 - (d) Consultant acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Consultant represents that Schedule 2 attached hereto is the schedule by which Consultant proposes to accomplish its work, with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, the availability of information which must be obtained from any third parties, and all conditions to access to public and private facilities. (e) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the Scope of Services described in Schedule 1 or otherwise contemplated by the terms of this Agreement, Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope of this Agreement, (ii) the reasons that 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 any out of scope or additional work until authorized in writing by Client. SECTION 3. FEES FOR SERVICES; PAYMENT. (a) Client will pay to Consultant as full compensation for all services required to be performed by Consultant, and all expenses incurred by Consultant in performing its services, including out of pocket expenses and travel, under this Agreement, with maximum total available compensation being U.S. $16,300.00. (b) Consultant may submit to the Client an application or applications for payment as work is completed per the Scope of Services in Schedule 1, and an application for payment of the balance upon completion of all work included in the Scope of Services. Client shall pay Consultant for the application within 30 days of the date such application is received. (c) 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. (d) No compensation shall be paid to Consultant for services required and expenditures incurred in correcting Consultant's mistakes or negligence. (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by a separate and subsequent agreement. (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES. (a) Client agrees to advise Consultant regarding Client's Project requirements and to - 2 - provide all relevant information, data and previous reports accessible to Client which Consultant may reasonably require. (b) Client shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client as to matters of governmental policy or fiscal policy, nor to contract for or authorize payment for services beyond the scope of this Agreement. (c) Client shall examine all documents presented by Consultant, and render decisions pertaining thereto within a reasonable time. The Client's approval of any plans, notices, reports, documents or other materials or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. (d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact, when all information reasonably necessary for Client to responsibly render a decision has been furnished. A period of 60 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required is not within the custody or control of Client but must be procured from others. SECTION 5. TERMINATION. (a) Client 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 and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information, documents, work product and materials as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant shall be paid a prorated amount 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 Consultant or Client. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) 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 work according to the highest professional standards, or to perform work in a manner deemed unsatisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation shall be limited to the lesser of(a) the reasonable value of completed work to Client or (b) payment of a prorated amount based upon the proportion of work completed for services satisfactorily performed prior to date of termination. - 3 - (d) Consultant's professional responsibility for its completed work and services shall survive any termination. SECTION 6. SITE ACCESS. In the event the Project will require access to property not under the control of Client, Consultant and Consultant's employees and consultants shall obtain all additional necessary approval and clearances required for access to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing, Consultant understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the terms and conditions of an access agreement in accordance with section 1(c) of this Agreement. SECTION 7. USE OF DOCUMENTS. (a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements (if any), and Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except (i) with advance written consent of Client, which consent may be granted or withheld in Client's sole and absolute discretion and (ii) in full compliance with the requirements of this Agreement and applicable federal regulations. SECTION 8. INSURANCE AND INDEMNITY. (a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its 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) Professional Liability Insurance with coverage of not less than $1,000,000, and with a deductible of not more than $15,000.00. (ii) Comprehensive Automobile Liability Insurance effective during the period of the Agreement, and for such additional time as work on the Project is being performed, written with limits of liability for injury to one person in any single occurrence of not less than $350,000 and for any injury to two or more persons in any single occurrence of not less than $1,000,000. This insurance shall include uninsured/underinsured motorist coverage and shall protect the Consultant from any and all claims arising from the use - 4- both on and off the Project site of motor vehicles, including any automobiles, trucks, tractors, backhoes and similar equipment whether owned, leased, hired or used by Consultant. (c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to third parties, arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS. (a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through subconsultants or subcontractors, Consultant shall contractually bind each of its subconsultants and subcontractors by subcontract agreement to all the terms of this Agreement which are for the benefit of Client, and Client shall be a third party beneficiary of those subcontract provisions. (b) Consultant shall indemnify and defend Client from all claims and demands for payment for services provided by subcontractors of Consultant. (c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement, the Client 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 it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection. SECTION 10. REQUIRED FEDERAL AND STATE GRANT PROVISIONS. (a) Consultant shall comply with all applicable Federal, State, and local laws applicable to its activities. (b) All records with respect to any matters covered by this Agreement shall be available for inspection by Client, or its staff, at any time during normal business hours and as often as Client, or its staff deems necessary, to audit,examine and make excerpts or transcripts of relevant information, and otherwise to perform its official functions or duties. SECTION 11. MISCELLANEOUS. (a) 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 Consultant or Client 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: - 5 - Client: Pueblo, a Municipal Corporation c/o City of Pueblo Planning and Community Development Department 211 East D Street Pueblo, CO 81003 With a copy to: Department of Law City of Pueblo One City Hall Place, Third Floor Pueblo, CO 81003 Consultant: NorthStar Engineering and Surveying, Inc. 111 E 5th Street Pueblo, CO 81003 48105 Either party may change its 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. (b) Entire Agreement. This instrument contains the entire agreement between Consultant and Client respecting the Project, and any other written or oral agreements or representations respecting the Project or the duties of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments are null and void. In the case of any conflict between the terms of this Agreement for Professional Services and terms of Schedule 1 or Schedule 2, the terms of this Agreement shall govern. (c) Successors and Assigns. This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Consultant may be assigned by it without the written consent of Client, which consent may be withheld in Client's sole and absolute discretion. Any assignment or attempted assignment in violation of this subsection shall be void. (d) 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 Client's governing board. (e) Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. (0 Litigation. In the event of any litigation arising under this Agreement, the court shall award to the prevailing party its costs and reasonable attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. All such litigation shall be filed in the District Court, County of Pueblo, State of Colorado and each party submits to the jurisdiction of such District Court. To the extent allowed by law, each party hereby waives its right to a jury trial. - 6 - (g) Equal Employment Opportunity. In connection with the performance of this Agreement, neither Consultant nor its subconsultants or subcontractors shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Consultant shall endeavor to ensure that applicants are employed, and that employees are treated during employment without regard to their race,color, religion,sex, national origin, disability or age. (h) Severability. If any provision of this Agreement,except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal or state 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 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 or state grant, then this entire Agreement shall be void. SECTION 12. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK (a) At or prior to the time for execution of this Agreement (which may be referred to in this section as this"Contract"), Consultant (which may be referred to in this section as "Contractor") shall submit to the Purchasing Agent of Client its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the"E-Verify Program"created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program"established pursuant to §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 Contract. (b) Contractor 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 Contractor 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 Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E-Verify Program or Department Program. (II) The Contractor is prohibited from using either the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Contract is being performed. - 7 - (III) If the Contractor obtains actual knowledge that a subcontractor or subconsultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: A. Notify the subconsultant and the Client's Purchasing Agent within three (3) days that the Contractor has actual knowledge that the subcontractor/subconsultant is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor/subconsultant if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A above the subcontractor/subconsultant does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor/subconsultant if, during such three (3) days, the subcontractor/subconsultant provides information to establish that the subcontractor/subconsultant has not knowingly employed or contracted with an illegal alien. (IV) The Contractor 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 12 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 Client's actual and consequential damages. (e) As used in this Section 12, the terms"subcontractor"and "subconsultant"shall mean any subconsultant or subcontractor of Consultant rendering services within the scope of this Agreement. (THIS SECTION OF THE AGREEMENT INTENTIONALLY LEFT BLANK) - 8 - SIGNATURE PAGE 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 MUNIC CORPORATIO Ilrojp• CONSULTANT Name: /1,24(7(--- By' By: /rv1 ylei Step en i-President of the City Council �) Title: y ' Attest: ,��_, Gina Dutch$ ity Clerk [ SEAL ] BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. Car Roni Kimbrel-Director of Finance APPROVED AS TO FORM: .1 u • K D 62•A• City Attorney - 9 - SCHEDULE 1 SCOPE OF SERVICES For performing Professional Surveying services in regard to the De-Connection of the Lariat Annexation which consisted of 7 phases dated August 29, 2007. Services include preparation of legal descriptions for the Lariat Annexation to be deeded back to the three (3) current property owners. In addition, the preparation of the legal description for the"Flag Pole"of the Lariat Annexation. TASK A: Prepare four (4) legal descriptions for the Lariat Annexation for each of the three (3) major ownerships and the"flag pole". to include: 1. Detailed metes and bounds legal descriptions for the portion of the Lariat Annexation for each of the three (3) major ownership groups. 2. Detailed metes and bounds legal description for the"flag pole"of the Lariat Annexation. 3. Prepare four (4) exhibits depicting each of the metes and bounds legal descriptions. TOTAL TASK A. $8,500.00 TASK B: Prepare Disconnection Plats for each of the four (4) metes and bounds legal descriptions in Task A for the Disconnection of the properties from the City of Pueblo. to include: 1. Prepare Disconnection Plats as required per City and State requirements. TOTAL TASK B: $7,800.00 OVERALL TOTAL TASKS A and B: $16,300.00 THE FOLLOWING ITEMS ARE NOT INCLUDED IN THIS PROPOSAL (A formal Proposal for any of these services can and will be prepared at Client request): 1. Preparation of Separate Easements and Exhibits unless specifically included in Tasks above. 2. Survey"Field Work"including but not limited to: setting boundary corners, boundary surveys, topographic surveys, etc. - 10 - SCHEDULE 2 Time Schedule Deliverables Completion Date TASK A: Four (4) legal descriptions for the Lariat Annexation for each of the three (3) major ownerships and the"flag August 31, 2017 pole" TASK B: Disconnection Plats for each of the four (4) metes and bounds legal descriptions in Task A for the Disconnection August 31, 2017 of the properties from the City of Pueblo - 11 -