HomeMy WebLinkAbout15042RESOLUTION NO. 15042
A RESOLUTION AWARDING AN AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES IN THE AMOUNT
OF $70,865.50 TO MEAD & HUNT, INC., A COLORADO
CORPORATION, FOR PROJECT NO. 22-073 DESIGN AND
ENGINEERING FOR BERKLEY AVENUE AND MESA AVENUE
ROUNDABOUT PROJECT AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
WHEREAS, proposals for Project No. 22-073 Design and Engineering for Berkley
Avenue and Mesa Avenue Roundabout Project, have been received and examined; and
WHEREAS, the proposal by Mead & Hunt, Inc., was determined to be the most
advantageous to the City of Pueblo, and in the best interest of the City of Pueblo, based on the
evaluation factors set forth in the Request for Proposals; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
City Council authorizes Project No. 22-073 Design and Engineering for Berkley Avenue
and Mesa Avenue Roundabout to be performed, and the contract for said services is hereby
awarded to Mead & Hunt, Inc., in the amount of $70,865.50.
SECTION 2.
Funds for said Agreement shall be paid from Project No. CI2204 – Street Rehabilitation.
SECTION 3.
The Purchasing Agent is hereby authorized to execute said contract on behalf of the City
of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City
thereto and attest the same.
SECTION 4.
The officers of the City of Pueblo are authorized to perform any and all acts consistent
with this Resolution to implement the policies and procedures described herein.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: November 14, 2022
BY: Larry Atencio
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk's Office Item # M4
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: November 14, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM:
Andrew Hayes, Public Works Director
SUBJECT: A RESOLUTION AWARDING AN AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES IN THE AMOUNT OF $70,865.50 TO MEAD
& HUNT, INC., A COLORADO CORPORATION, FOR PROJECT NO. 22-
073 DESIGN AND ENGINEERING FOR BERKLEY AVENUE AND MESA
AVENUE ROUNDABOUT PROJECT AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
SUMMARY:
This Resolution awards an Agreement for Professional Engineering Services to Mead &
Hunt, Inc., for engineering design services for Berkley Avenue & Mesa Avenue
Roundabout Project, No. 22-073. Mead & Hunt, Inc., was determined to be the most
responsible bidder and will be awarded a contract in the amount of $70,865.50.
PREVIOUS COUNCIL ACTION:
The 2022 budget was approved on November 22, 2021, Ordinance 10050, created
Project CI2204, Street Rehabilitation, in the amount of $7.8 million dollars.
BACKGROUND:
In August 2022, the City of Pueblo solicited Requests for Proposals for design and
engineering services for the Berkley Avenue and Mesa Avenue Roundabout Project.
After reviewing the proposals, Mead and Hunt, Inc., was determined to be the most
advantageous to the City of Pueblo, and in the best interest of the City of Pueblo, based
on the evaluation factors set forth in the Request for Proposals.
FINANCIAL IMPLICATIONS:
Funding in the amount of $70,865.50 will be paid from CI2204 – Street Rehabilitation
Project.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable to this Resolution.
STAKEHOLDER PROCESS:
Not Applicable to this Resolution.
ALTERNATIVES:
Denial of this Resolution will result in the City of Pueblo being unable to proceed with
the design of the Berkley Avenue and Mesa Avenue Roundabout Project.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. 22-073 Mead Hunt Agreement for Berkley Mesa Roundabout
DocuSign Envelope ID:F807C746-6932-4B02-8F64-7E11F624A3CF
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BY AND BETWEEN CITY OF PUEBLO AND
MEAD AND HUNT, INC.
THIS AGREEMENT("Agreement") made and entered this 15th day of November, 2022 by and between
the City of Pueblo,a Municipal Corporation (hereinafter"Owner"or"City") and Mead and Hunt, Inc., a
Wisconsin Corporation registered 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 22-073 RFP Design and Engineering for Berkley
and Mesa Roundabout, hereinafter referred to as the"Project." In consideration of the mutual
covenants hereinafter set forth,the parties agree as follows:
SECTION 1. GENERAL
1.1
Engineer shall satisfactorily perform professional engineering services for all phases of Project indicated
below by mark placed in the appropriate box or boxes:
[] -Study and Report Phase
[X] -Preliminary Design (Schematic) Phase
[X] -Final Design Phase
[X] -Construction Documents& Bidding Phase
[X] -Construction Phase
Upon completion of any phase, Engineer shall not proceed with work on the next phase,if any,until
authorized in writing by Owner to proceed therewith.
Such services shall include all usual and customary professional engineering services and the furnishing
(directly or through its professional consultants)of customary and usual civil, structural, 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
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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:
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
(Schematic) Phase, Engineer shall perform the following unless otherwise stated in Schedule 1:
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.
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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 (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.
2.3 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 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.
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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 1:
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 1, 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 1:
A. Perform all duties and functions to be performed by Engineer under the terms of the
construction contract.
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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.
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.
L. 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
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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
subconsultants 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.
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 4- "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, subconsultant,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
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execution of this Agreement, Engineer shall designate in writing a Project representative who
shall have complete authority to bind Engineer, and to whom Owner should address
communications.
F. Promptly after execution of this Agreement and upon receipt of authorization from Owner to
proceed, Engineer shall submit to Owner for approval a schedule showing the order in which
Engineer proposes to accomplish its work,with dates on which it 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 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
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time.The Owner's approval of drawings, design, specifications, reports and incidental
engineering work or materials furnished hereunder shall not in any way relieve the Engineer of
responsibility for the professional adequacy of his work.The Owner's review, approval, or
acceptance of, or payment for, any of the services shall not be 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.The proposed work schedule attached as Schedule 3 may be adjusted by mutual
agreement of all parties.
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$70,865.50 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 Schedule 2 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
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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).
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
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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 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.
7.2 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.
7.3 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:
1. Workers'Compensation Insurance complying with statutory requirements in 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.
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2. 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.
3. Professional Liability Insurance with coverage of not less than $1,000,000 in a form and with
a deductible acceptable to Owner.
4. 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.
7.4 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 Owner, City of Pueblo, Department of Public Works,Attn:Andrew Hayes, Director, 211 E. D
Street, Pueblo, CO,81003 or to the Engineer, Mead and Hunt, Inc., 999 18th Street,Suite 2300, Denver,
CO, 80202. 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.
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7.5 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 22-073 RFP Design and Engineering for
Berkley and Mesa Roundabout 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.
7.6 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 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.
7.7 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.
7.8 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 court with jurisdiction located in Pueblo County, Colorado.
7.9 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.
7.10 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
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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.
7.11 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.
7.12 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.
7.13 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 1-"Scope of Services" consisting of 2 pages.
Schedule 2-"Fee Schedule" consisting of 1 page.
Schedule 3 -"Work Schedule" consisting of 1 page.
Schedule 4-"Identification of Personnel,Subcontractors, and Task Responsibility" consisting of 10
pages.
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
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.
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This Agreement,together with all Project Documents incorporated by reference, constitutes the entire
Agreement between City and Consultant with respect to their subject matter, and may not be amended
a modified except by written document signed by both parties.
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 MEAD AND HUNT, INC.
c—DocuSigned by: DocuSigned by:
B ,aw .eGlu___ B f itti, Salim.
883 14D628C.Q490 . Yt 1l1QTC!'9corS,-4DE_.
Naomi Redden, Director of Purchasing Ziad Sabra, Vice President
DocuSigned by:
stkaA , 4 akallEA. ,61�.
Attes l utteurrl.JD4sl._ �i y� c'.,�
Marisa Stoller,City Clerk •
i, 71:.
/A t
.
BALANCE OF APPROPRIATION EXISTS FOR THIS s,
AGREEMENT AND FUNDS ARE AVAILABLE. x''4.011 41'\''
cuDocuSigned by:
CAE47J2303A94DO...
Alexandria Romero, Finance Director
APPROVED AS TO FORM
,--DocuSigned by:
Paan, .e st,L
`�L4bl.tDtDJL4714tl�J...
Dan Kogovsek, City Attorney
Attachments: Schedule 1 Scope of Services
Schedule 2 Fee Schedule
Schedule 3 Work Schedule
Schedule 4 Identification of Personnel, Subcontractors, and Task Responsibility
Additional Information
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