HomeMy WebLinkAbout10263*ORDINANCE NO. 10263
AN ORDINANCE APPROVING AN AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES IN THE AMOUNT
OF $158,846.98 BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND AECOM, FOR CONSULTING
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ENGINEERING SERVICES WITH RESPECT TO THE WEST 29
STREET DRAINAGE IMPROVEMENTS DESIGN AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, consulting engineering services are required with respect to the design of
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alleviating flooding problems in the residential neighborhood areas along West 29 Street, and;
WHERAS, AECOM is the consulting Engineer of Record and is the most qualified to serve
the Pueblo Stormwater Utility Department for such project; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
An agreement by and between the City of Pueblo, a Municipal Corporation, and AECOM,
a copy of which is attached hereto and made part hereof by reference (“Agreement”), after having
been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
Work performed under the Agreement may include, but not limited to, the following items:
1. Review design plans produced in 2012;
2. Evaluate corrugated high density polyethylene storm pipe as an alternative pipe
material to reinforced concrete pipe;
3. Revise the cost estimate for 2022; and
4. Provide updated construction documents.
SECTION 3.
The Mayor is hereby authorized to execute 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 the
same.
SECTION 4.
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Funds for work performed under this Agreement shall be from the 29 Street Phase 1
Project No. SW1808.
SECTION 5.
The offices and staff of the City are authorized to perform any and all acts consistent with
the intent of this Ordinance and the Agreement approved to implement the transactions described
therein.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on August 8, 2022 .
Final adoption of Ordinance by City Council on September 12, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on September 19, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 8, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Jeff Hawkins, Director of Stormwater
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES IN THE AMOUNT OF $158,846.98 BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AECOM, FOR
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CONSULTING ENGINEERING SERVICES WITH RESPECT TO THE WEST 29
STREET DRAINAGE IMPROVEMENTS DESIGN AND AUTHORIZING THE
MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance accepts an agreement between the City of Pueblo and AECOM for consulting
engineering services relating to the design to alleviate flooding problems in the residential
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neighborhood areas along West 29 Street.
PREVIOUS COUNCIL ACTION:
On November 14, 2011, the City Council Approved Resolution No. 12263, approving professional
engineering services with Drexel, Barrell & CO. and the project was never completed.
On February 14, 2022, the City Council Approved Ordinance No. 10123, selecting AECOM as
the Engineer of Record for the Stormwater Utility Department.
BACKGROUND:
The Stormwater Utility Department is requesting design services to alleviate flooding problems in
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the residential neighborhood areas along West 29 Street. This project was previously studied,
and design plans were produced in 2012. AECOM will take the 2012 design, incorporate new
requirements from Colorado 811 SB-18-167, evaluate cost saving alternatives, and revise the
cost estimate for 2022 prices.
FINANCIAL IMPLICATIONS:
The cost of the agreement with AECOM to provide design services for the residential
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neighborhood areas along West 29 Street will not exceed $158,846.98. Funding for this project
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will be paid from funds available for 29 Street Phase 1. Funding is available and has been
budgeted, appropriated, and allocated to Project No. SW1808.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Alternatives No. 1 – No action
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The no-action alternative increases the construction costs significantly and the 29 Street Corridor
will continue to experience flooding issues and create maintenance challenges for the Stormwater
Maintenance Crew.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
Professional Services Agreement between the City of Pueblo and AECOM.
DocuSign Envelope ID:853522A5-5406-4671-A85D-9E4C6F0939C7
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BY AND BETWEEN CITY OF PUEBLO AND
AECOM TECHNICAL SERVICES, INC.
THIS AGREEMENT ("Agreement") made and entered this 26th day of September, 2022,
by and between the City of Pueblo,a Municipal Corporation(hereinafter"Owner"or"City")and AECOM Technical
Services,Inc.,a California Corporation authorized to do business in the State of Colorado,(hereinafter"Engineer"),a
professional engineering firm for Engineer to render certain professional planning, design, engineering and
related services for Owner in connection with Bid 21-071 Stormwater Department Engineer of Record - West 29th
Drainage Improvements, hereinafter referred to as the "Project." In consideration of the mutual covenants
hereinafter set forth,the parties agree as follows:
SECTION 1. GENERAL
1.1 Engineer shall satisfactorily perform professional engineering services for all phases of Project
indicated below by mark placed in the appropriate box or boxes:
[X] - Study and Report Phase—Referred to as Tasks 1 through 2 in Schedule I
[X] - Preliminary Design(Schematic) Phase--Referred to as Task 3 in Schedule 1
[X] - Final Design Phase—Referred to as Task 4 in Schedule I
[ ] - Construction Documents&Bidding Phase
[ ] - Construction Phase
Upon completion of any phase,Engineer shall not proceed with work on the next phase,if
any,until authorized in writing by Owner to proceed therewith.
Such services shall include all usual and customary professional engineering services and the furnishing
(directly or through its professional consultants)of customary and usual civil,structural,mechanical,electrical
engineering,environmental,and planning services. Engineer shall also provide any landscape engineering,
surveying,and geotechnical services incidental to its work on the Project.
1.2 In performing the professional services,Engineer shall complete the work items described generally in
Schedule 1 —"Scope of Services"and the items identified in Section 2 of this Agreement which are applicable to each
phase for which Engineer is to render professional services.
1.3 Professional engineering services(whether furnished directly or through a professional subcontractor)
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 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.
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 perform the following unless otherwise stated in Schedule 1:
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(a) Consult with Owner to determine his requirements for the Project and review available data.
(b) Advise Owner as to the necessity of his providing or obtaining from others data or services
of the types described in paragraph 2.2(c)and assist Owner in obtaining any such services.
(c) Provide special analyses of Owner's needs, planning surveys, site evaluations and
comparative studies of prospective sites and solutions.
(d) Identify and analyze requirements of governmental authorities and regulatory agencies
involved in approval or permitting any aspect of Project.
(e) Provide general economic analysis of Owner's requirements applicable to various
alternatives.
(f) Prepare a Report with appropriate exhibits indicating clearly the considerations involved and
the alternative solutions available to Owner and setting forth Engineer's findings and recommendations with
opinions of probable costs.
(g) Furnish one(1)hard copy and one(1)electronic copy of the Report and present and review it
in person with Owner. Owner may request additional copies as needed for no additional charge.
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 perform the following unless otherwise stated in
Schedule l:
(a) Consult with Owner and determine the general design concept and Project requirements
based upon information furnished by Owner as well as any study or report on the Project.
(b) Prepare and submit to Owner preliminary design documents consisting of final design
criteria,preliminary drawings,an outline of specifications,and written descriptions of all significant features of
Project.
(c) Prepare and submit to Owner a requirements checklist of any subsurface investigation,
additional data,permits,or other information and requirements which is anticipated will be necessary for the
design or construction of Project.
(d) Provide written disclosure to Owner of significant design assumptions and design risks and
advantages/disadvantages inherent in or presented by design alternatives and make recommendations to Owner
based thereon.
(e) Prepare and submit to Owner a preliminary cost estimate for the Project including
construction cost,contingencies,professional compensation,consultant fees,costs of land and rights of way,
compensation for damages and finance costs, if any.
(f) Engineer shall furnish one (I) hard copy and one (1) electronic copy of each above
referenced submittal document to Owner for Owner's use and shall review same in person with Owner. Owner
may request additional copies as needed for no additional charge.
2.3 Final Design Phase. If Engineer is to provide professional services with respect to the Project during
the Final Design Phase, Engineer shall perform the following unless otherwise stated in Schedule 1:
(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
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include an attest statement on each record drawing sheet of final plan drawings that certifies compliance
with either the ADAAG Manual or 28 CFR Part 36 Standards.
(b) Make reasonable revisions to the Drawings and Specifications requested by Owner,
informing the Owner of any change in probable construction costs as a result of such revisions.
(c) Provide technical 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 one (1) hard copy and one (1) electronic copy of each above
referenced submittal document to Owner for Owner's use and shall review same in person with Owner. Owner
may request additional copies as needed for no additional charge.
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 perform the following unless
otherwise stated in Schedule I:
(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
Schedule 1 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. One(1)hard copy and one(1)electronic copy of these final bid documents shall be furnished to
Owner.Unless otherwise specified in Schedule I,a copy of all contract documents and drawings shall also be
submitted to Owner in Microsoft Word and AutoCAD(2006 or later version)format on electronic media.
(c) Make recommendations to Owner concerning the need for prequalification of equipment,
vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in final bid and
construction contract documents.
(d) Attend a pre-bid conference with bidders to discuss Project requirements and receive
requests for clarification, if any,to be answered by Engineer in writing to all plan holders.
(e) Consult with and make recommendations to Owner concerning 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 contractor for construction of the Project,Engineer shall
perform the following unless otherwise stated in Schedule I:
(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 Schedule 1 -Scope of Services
concerning the level of observation shall determine Engineer's obligation concerning level of observation.
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(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.
(f) On request of the Owner,the construction contractor or any subcontractor on the Project,
issue written interpretations as to the Drawings and Specifications and requirements of the construction work.
(g) Review shop drawings, samples, product data, and other submittals of the Contractor for
conformance with the design concept of Project and compliance with the Drawings, Specifications,and all
other contract documents,and indicate to Contractor and Owner with respect thereto,any exceptions noted,or
modification or resubmittals required.
(h) Review all applications of Contractor for payment and in connection with same, issue
certificates for payment to the Owner for such amounts as are properly payable under the terms of the
construction contract. Each such certificate shall constitute Engineer's representation to Owner that it has
inspected the Project and that to the best of its knowledge,the work for which payment has been sought has
been completed by Contractor in accordance with the Drawings,Specifications,and other contract documents.
(i) Subject to written concurrence by Owner, promptly render a written recommendation to
Owner concerning all proposed substitutions of material and equipment.
(j) Draft, for Owner's consideration, and offer recommendations upon, all proposed change
orders and contract modifications.
(k) On application for final payment by the Contractor,make a final inspection of the Project,
assembling and delivering to the Owner any written guaranties, instructions manuals, as-built drawings,
diagrams,and charts required by the contract documents,and issuing a certificate of final completion of the
Project.
(I) The Engineer shall, if 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 its written objections thereto with the Engineer and Contractor.
2.6 Additional Responsibilities. This paragraph applies to all phases of Engineer's work.
(a) Engineer shall be responsible for the professional quality, technical accuracy, timely
completion,and coordination of all of Engineer's work,including that performed by Engineer's consultants and
subcontractors, and including designs, Drawings,Specifications,reports, and other services, irrespective of
Owner's approval or acquiescence to same. Engineer shall,without additional compensation,correct or revise
any errors,omissions,or other deficiencies in its 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.
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DocuSign Envelope ID:853522A5-540B-4B71-A85D-9E4C6F0939C7
(d) Engineer shall be completely responsible for the safety of Engineer's employees in the
execution of work under this Agreement,shall provide all necessary safety equipment for said employees,and
shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss, or injury to
Engineer's employees.
(e) Engineer acknowledges that, due to the nature of engineering and related professional
services and the impact of same on the Project, the Owner has a substantial interest in the personnel and
consultants to whom Engineer assigns 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 Schedule 3 - "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 five(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,Owner and Engineer shall update the Project
Timeline (attached as Schedule 4) and Owner shall issue authorization to commence work. The Project
Timeline schedule shall provide for performance of the work in a timely manner so as to not delay Owner's
timetable for achievement of interim tasks and final completion of Project work, provided however, the
Engineer will not be responsible for delays beyond its 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 its direct costs and professional time at the rates set forth in Schedule 2-
"Fee Schedule".
SECTION 3. OWNER'S RESPONSIBILITIES
3.1 Owner shall:
(a) Designate a representative to whom all communications from Engineer shall be
directed and who shall have limited administrative authority on behalf of Owner to receive and transmit
information and make decisions with respect to Project. Said representative shall not,however,have authority
to bind Owner as to matters of legislative or fiscal policy.
(b) Advise Engineer of Owner's Project requirements including objective,project 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 its services.
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals, and other
documents presented by Engineer,and render written decisions pertaining thereto within a reasonable time.
The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or
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materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional
adequacy of his work. The Owner's review, approval,or acceptance of,or payment for, any of the services
shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
(f) Upon advice of the necessity to do so from Engineer,obtain required approvals and permits
for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said
approvals and permits.
(g) Notify Engineer whenever Owner becomes aware of any substantial development or
occurrence which materially affects the scope or timing of Engineer's services.
(h) Owner shall perform its obligations and render decisions within a reasonable time under the
presented circumstances. However, given the nature of Owner's internal organization and requirements, a
period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant
financial impact. A period of 45 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 Schedule 1 —"Scope of Services"and Section 2 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$158,846.98 in the aggregate as set forth in Schedule 2-"Fee Schedule"and computed in accordance with
this Section. In the event compensation for services is set forth in Exhibit 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 Schedule 2 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 Schedule 2- "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 Schedule 2- "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 Section
2.6(g).
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SECTION 6.TERMINATION
6.1 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 and its subcontractors
shall cease all work, stop incurring expenses, and shall promptly deliver to Owner all data, drawings, specifications,
reports, plans,calculations,summaries and all other information,documents,work product 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 Schedule 2 for all services rendered and reasonable costs incurred to the 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 Engineer or Owner. In no event shall payment to Engineer upon
termination exceed the maximum compensation provided for complete performance in Section 5.1.
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 Engineers,or to perform work according to the highest professional standards,or to perform work in a
manner deemed satisfactory by Owner's Project Representative, then in that event, Engineer's entire right to
compensation shall be limited to the lesser of:(a)the reasonable value of completed work to Owner,or(b)payment at
the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred,
prior to date of termination.
6.4 Engineer's professional responsibility for its completed work and services shall survive any
termination.
SECTION 7. GENERAL PROVISIONS
7.1 (a) Ownership of Documents. All designs,Drawings,Specifications,technical data,and other
documents or instruments procured or produced by the Engineer in the performance of this Agreement shall be
the sole property of the Owner and the Owner is vested with all rights therein of whatever kind and however
created, whether created by common law, statutory law,or by equity. The Engineer agrees that the Owner
shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings,
specifications,and all other technical data pertaining to the work to be performed under this Agreement. In
the event Owner uses the designs, Drawings or Specifications provided hereunder for another project
independent from Project,without adaptation by Engineer,Owner shall hold harmless Engineer from all loss,
claims,injury,and judgments arising from the use of such designs,Drawings or Specifications for such other
project.
(b) Advertising. Unless specifically approved in advance in writing by Owner,Engineer shall
not include representations of the Project in any advertising or promotional 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.
7.2 Insurance and Indemnity.
(a) Engineer agrees that it has procured 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
bodily injury including personal 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 8.2(b)below.
(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
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Colorado and in any other state or states where the work is performed.The Workers' Compensation
Insurance policy shall contain an endorsement waiving subrogation against the Owner.
(ii) Commercial General Liability Insurance. The Engineer shall secure and maintain
during the period of this agreement and for such additional time as work on the project is being
performed, Commercial General Liability Insurance issued to and covering the liability of the
Engineer with respect to all work performed by it and all its subcontractors under the agreement,to be
written on a comprehensive policy form. This insurance shall be written in amounts not less than
$1,000,000 for each occurrence and aggregate for personal injury including death and bodily injury
and $1,000,000 for each occurrence and aggregate for property damage. This policy of insurance
shall name the City of Pueblo,its agents,officers and employees as additional insureds. This policy
shall have all necessary endorsements to provide coverage without exclusion for explosion and
collapse hazards, underground property damage hazard, blanket contractual coverage, as well as
Owner's and Contractor's Protective Liability (OCP) coverage. The policy shall also provide
coverage for contractual liability assumed by Engineer under the provisions of the agreement, and
"Completed Operations and Projects Liability"coverage.
(iii) Professional Liability Insurance with coverage of not less than$1,000,000 in a form
and with a deductible acceptable to Owner.
(iv) Comprehensive Automobile Liability Insurance. The Engineer shall procure and
maintain during the period of the agreement and for such additional time as work on the project is
being performed, Comprehensive Automobile Liability Insurance. This insurance shall be written
with limits of liability for and 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 Engineer from
any and all claims arising from the use both on and off the site of the project of automobiles,trucks,
tractors, backhoes and similar equipment whether owned,leased,hired or used by Engineer.
(c) Engineer agrees to hold harmless, defend and indemnify Owner from and against any
liability to third parties, arising out of negligent acts, errors or omissions of Engineer, his employees,
subcontractors,and consultants.
7.3 Notices. Any and all notices or other communications required or permitted by this Agreement or by
law to be served on or given to either the Owner or the Engineer by the other party shall be in writing and shall be
deemed duly served and given when personally delivered to the party to whom it is directed,or in lieu of such personal
service when deposited in the United States mail,first-class postage prepaid,addressed to the City of Pueblo(Owner),
Attn:Jeff Hawkins,Director of Stormwater,211 E."D"Street,Pueblo,CO 81003,or to AECOM Technical Services,
Inc.(Engineer),Attn: Ryan Weaver,2315 Briargate Pkwy,Suite 150,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 are null and void.
Notwithstanding the foregoing, the terms of Bid 21-071 Stormwater Department Engineer of Record are hereby
incorporated herein,and Engineer agrees to abide by and comply with the same. In the event of any conflict between
any provision of this Agreement and a provision of any Schedule or attachment to this Agreement,the provision in this
Agreement shall control and supersede the conflicting provision in the Schedule 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 it without the written
consent of the Owner. It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and
nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or
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entity on such Agreement. It is the express intention of the parties hereto that any person or entity,other than the parties
to this Agreement,receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary
only.
7.6 Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by
written Amendment signed by an authorized representatives of both Engineer and Owner.
7.7 Choice of Law and Venue. This Agreement shall be governed and interpreted in accordance with the
laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this
Agreement shall be in a state curt with jurisdiction located in Pueblo County,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,sexual
orientation,national origin,disability,or age. Engineer shall endeavor to ensure that applicants are employed,and that
employees are treated during employment without regard to their race,color,religion,sex,sexual orientation,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 work 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 or State Funded Agreements. If any of the work to be
performed by Engineer under this Agreement is funded in whole or in part with federal or state funds, then this
Agreement shall be construed to include all applicable terms required by the federal or state assistance agreement and
integrated federal or state regulations. By executing this Agreement,Engineer agrees to be bound by all such mandatory
federal or state 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 final and binding unless judicial review is sought in a Colorado Court of
competent jurisdiction located in Pueblo County,Colorado,pursuant to Rule 106,C.R.C.P.
8.2 Pending resolution of any dispute or disagreement,or judicial review,Engineer shall proceed diligently
with performance of its work under this Agreement.
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SECTION 9. SCHEDULES
The following Schedules are attached to and made a part of this Agreement:
Schedule I - "Scope of Services"consisting of 13 pages.
Schedule 2- "Fee Schedule"consisting of 1 page.
Schedule 3 - "Identification of Personnel,Subcontractors,and Task Responsibility"consisting of 38 pages.
Schedule 4—"Project Timeline"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 its best reasonable professional efforts to implement applicable ADA requirements and other
federal, state,and local laws,rules codes,ordinances and regulations as they apply to the Project.
SECTION 11. COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT OF 1986.
Engineer certifies that it has complied with the United States Immigration Reform and Control Act of 1986.
Engineer represents and warrants that to the extent required by said Act, all persons employed by Engineer for
performance of this contract have completed and signed Form 1-9 verifying their identities and authorization for
employment.
SECTION 12. PERA LIABILITY
The Engineer shall reimburse the City for the full amount of any employer contribution required to be paid by
the City of Pueblo to the Public Employees'Retirement Association("PERA")for salary or other compensation paid to a
PERA retiree performing contracted services for the City under this Agreement. The Engineer shall fill out the Colorado
PERA Questionnaire and submit the completed form to City as part of the signed Agreement.
SECTION 13. ELECTRONIC SIGNATURE
This Agreement and all other documents contemplated hereunder may be executed using electronic signatures
with delivery via facsimile transmission,by scanning and transmission of electronic files in Portable Document Format
(PDF)or other readily available file format,or by copy transmitted via email,or by other electronic means and in one
or more counterparts,each of which shall be:(i)an original,and all of which taken together shall constitute one and the
same agreement,(ii)a valid and binding agreement and fully admissible under state and federal law,and(iii)enforceable
in accordance with its terms.
(Continue to next page for signature section.)
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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 AECOM TECHNICAL SERVICES, INC.
CDocuSigned by'
By7/ lb • BY d.-- ZA
Nicholas Gradisa , ayor City of Pueblo Ryan Weaver,Vice President
i ar'm t.Ilei Clerk
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BA�_-r+, jltr..7? •-• , PION EXISTS FOR THIS AGREEMENT AND FUNDS ARE AVAILABLE.
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Oft r:::4:-%44.5 r.rj =i 40 ate,
aura 6—alio,Chief of Staff
APPROVED AS TO FORM:
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Dan Kogovsek,City Attorney 7
Attachments: Schedule I -Scope of Services
Schedule 2-Fee Schedule
Schedule 3- Identification of Personnel,Subcontractors,and Task Responsibility
Schedule 4—Project Timeline
Bid 21-071 AECOM-Agreement for West 20 Drainage Improvements Page 11 of 19