HomeMy WebLinkAbout5005RESOLUTION NO. 5005
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF PUEBLO AND LONCO, INC., RELATING TO BRIDGE REIN -
VENTORY SERVICES, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION I.
A certain Agreement to perform engineering services for the City
of Pueblo for Bridge Reinventory Services, a copy of which is attached hereto
and made a part hereof by reference after having been approved as to form by
the City Attorney, by and between the City of Pueblo, a Municipal Corporation,
and Lonco, Inc., a corporation, 2680 Eighteenth Street, Denver, Colorado, be
and the same is hereby approved.
SECTION II.
The City Manager, Fred E. Weisbrod, 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.
INTRODUCED July 12 , 1982
By DOUGLAS L. RING
Councilman
APPROVED
President of the Council
ATTEST:
Ci / t j/ e r�, ' Clerk
CITY OF PUEBLO
DEPARTMENT OF PUBLIC WORKS
* * * * * * * * * * * * * * *
A G R E E M E N T
THIS AGREEMENT, made as of the f '_� day of Jt 1982; by and
between the CITY OF PUEBLO, a municipal corporation of 6e State of Colorado,
hereinafter referred to as the "City "; and LONCO, INC., Consulting Engineert, a
corporation registered as Professional Engineers in the State of Colorado, herein-
after referred to as the "Engineers ", WITNESSETH THAT:
WHEREAS, the City intends to update the 1980 inventory, appraisal and evaluation
of specific bridges within the City as required by the Federal Highway Administration's
Bridge Inventory Program, hereinafter referred to as the "Project ";
WHEREAS, the City proposes to engage the Engineers to provide engineering services
for the inspection and rating of approximately 26 bridges in Pueblo, Colorado,
hereinafter referred to as "Work ", and
WHEREAS, the City deems it to be in the public interest to engage the Engineers
to furnish the services outlined above; and
WHEREAS, the selection of the Engineers by the City was based upon a comparative
evaluation of the professional qualifications necessary for the satisfactory
performance of the services required with relation to other avialable consultants
so qualified; and
NOW, THEREFORE, the City and Engineer for the considerations hereinafter set
forth, agree as follows:
1. The Engineer shall serve as the City's professional representative in the
performance of services for this Project in accordance with the terms and
conditions of this Agreement.
2. The City shall compensate the Engineer in accordance with the terms and
conditions of this Agreement.
3. The terms and conditions of this Agreement are as set forth in the following
Articles:
ARTICLE I
DESCRIPTION! OF WORK AND SERVICES
SECTION - 1. WORK LOCATION
The bridges to be inspected and rated under authority of this agreement are
in the CITY OF PUEBLO, Colorado.
SECTION - 2. SCOPE OF WORK
A. General This work shall include all personnel, materials and equipment to
inspect, rate, and inventory bridges that are located in the CITY OF PUEBLO, which
are listed in this contract. Bridge inspection reports shall be prepared and
furnished as specified in this scope of work.
B. Scope of Work The Enaineer shall thoroughly update the investigation,
appraisal and evaluation of the specified bridges, utilizing documentation previously
developed and in possession of the Engineer, to the extent that available equipment
and methods will allow as follows:
PAGE 1
1. Biannual Inventory and Ratinq as per CDOH Requirement
Fi Inves - The Engineer shall furnish equipment as necessary
for the performance of the Project and direct the operation to accomplish
the work. The Engineer shall inspect, where changes have occurred, take
new measurements, record changed conditions and photograph newly identified
critical elements of the structures.
Office Evaluation - The Engineer will review and evaluate the field data
collected. 1�,here any changes have occurred to main structural elements,
a re- analysis will be made to determine the rated capacity of these items
to the whole bridge.
Reports - The final biannual reports will document all findings, recom-
mendations and re- analysis for those required structures. The City will
be furnished a complete report. One copy will be furnished the Department
of Highways.
2. Deficiency Report with Cost Estimates for Repair
Cost Estimates will be prepared for each deficient item and shall be
separated into repair categories based on the severity of the condition.
Deficiency Reports will document the deficiencies by severity and
recommended priority of repair for budgeting purposes. The City will be
furnished with five (5) copies of the approved report.
C. Additional Services Additional Services are the unforeseen and exceptional
items. They are not to be performed unless authorized by the City, in writing, with
compensation as hereinafter provided. Additional Services may be as follows:.
1. Provide consultation relating to replacement.or repair of any of the
deficiencies disclosed and provide professional services as may be required
by such work,
2. Use methods other than the normal evaluation procedures required, such
as:
a. Coring of concrete and strength testing,
b. Radiographic or similar methods of evaluating welds,
c. Foundation borings and soil analysis, and
d. Required special equipment not normal to established bridge
inspection procedures.
D. List of Specified Bridges
* 1) 8th Street @ East Dry Creek
* 2) 18th Street @ Santa Fe Railroad
* 3) 8th Street @ Fountain River
* 4) South Union Avenue
* 5) South Main Street
6) Dillon Drive over Railroad
7) 11th Street east of Adee
8) 11th Street over Railroad
* 9) 18th Street @ Dry Creek
*10) Jerry Murphy Road @ North City Limits
11) Berkley Avenue @ Bessemer Ditch
12) Central Avenue @ Bessemer Ditch
13) Cypress Avenue @ Bessemer Ditch
14) Division Avenue @ Bessemer Ditch
*15) Evans Avenue @ Bessemer Ditch
16) Lake Avenue @ Bessemer Ditch
17) Marilyn Place @ Bessemer Ditch
18) Jackson Street @ Bessemer Ditch
*19) Mesa Avenue @ Bessemer Ditch
20) Newman Avenue @ Bessemer Ditch
*21) Polk Street @ Bessemer Ditch
*22) Prairie Avenue @ Bessemer Ditch
23) Routt Avenue @ Bessemer Ditch
24) Spruce Street @ Bessemer Ditch
25) Newport Sreet @ Bessemer Ditch
* *26) Summit Avenue @ Bessemer Ditch
* These are Federal Aid Urban bridges
** This is a non qualifying bridge, as per CDOH requirements.
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ARTICLE 2
THE CITY'S RESPONSIBILITIES
A. The City shall provide full information regarding its requirements for the
Project.
B. The City or its representative shall examine documents submitted by the
Engineer and shall render decisions pertaining thereto promptly, to aviod unrea-
sonable delay in progress of the Engineer's work.
C. The City shall guarantee access to and make all provisions for the Engineer
to enter upon public and private lands as required for the Engineer to perform such
work as surveys and inspections in the development of the Project.
D. The City shall hold promptly all required special meetings, serve all
required public and private notices, and act upon all protests in the development
of the Project, and pay all costs incident thereto.
E. In the event the City shall require changes in the scope, character or com-
plexity of the work to be performed, which said changes cause an increase or decrease
in the costs to the Engineers or time for performance, an equitable adjustment in
fees and completion time shall be negotiated between the parties and this Agreement
shall be modified accordingly by a Supplemental Agreement.
F. The City's representative with respect to the work performed under this
Agreement shall be the Director of Public Works who shall have complete authority
to transmit instructions, receive information, interpret and define City's policy
and decisions with respect to this Project, and provide final approval.
ARTICLE 3
PAYMENTS TO THE ENGINEER
A. Pavrnents for Basic Services of the Engineer:
1. The City shall pay the Engineer monthly for the services described in
Article 1, Section B of this Agreement, on an hourly plus expense basis
for work performed. The total fee for Basic Services shall not exceed
Seven Thousand Six Hundred Dollars ($7,600.00).
2. Billings will be made at the end of each month for the actual time and
units expended in accordance with following unit prices:
-Principal . . . . . . . . . . . . . . . . . . .
. . . . . $
55.00 /Hr.
- Project Engineer . . . . . . . . . . . . . . .
. . . . . $
40.00 /Hr.
- Engineer . . . . . . . . . . . . . . . . . . .
. . . . . $
29.00 /Hr.
-Jr. Engineer & Designer . . . . . . . . . . . .
. . . . . $
24.00 /Hr.
- Draftsperson II . . . . . . . . . . . . . . . .
. . . . . $
19.00 /Hr.
- Draftsperson I & Clerical . . . . . . . . . . .
. . . . . $
16.00 /Hr.
-Mileage . .
$
. 21/1 1 e
-Per Diem - Lodging . . . . . . . . . . . . . .
. . . . . At Cost
-Per Diem - Meals . . . . . . . . . . . . . . .
. . . . . $
17.00 /Day
-Field Equipment Charge . . . . . . . . . . . .
. . . . . $
35.00 /Day
- Construction Subcontracts and Rental . . . . .
. . . . . Cost
x 1.05
-Lump Sum for Report (5 copies) . . . . . . . .
. . . . . $
150.00
-Each Additional Copy of Report . . . . . . . .
. . . . . $
25.00
- Authorized Reimbursable Expenses . . . . . . .
. . . . . Cost
x 1.05
B. Payments for Additional Services of the Engineer as defined in Article 1 shall
be made monthly upon presentation of the statement of services rendered. Charges will
be as provided for in Paragraph A.2 above.
C. If the Project is suspended for more than three months or abandoned in whole
or in part, the Engineer shall be paid his compensation for services performed prior
to receipt of written notice from the City of such suspension or abandonment. If the
Project is resumed after being suspended for more than six months, the Engineer's
compensation shall be subject to renegotioation.
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ARTICLE 4
COMMITMENT OF THE PART OF THE ENGINEER
SECTION 1 - GENERAL REQUIREMENTS
A. The Engineer agrees to develop in close cooperation with the City all
necessary documentation and records that are deemed necessary to complete an accurate
and useable bridge reinventory and rating report. The work is to be consistent
with the current criteria of the State and Federal Governments including Bridge
Inspectors Training r "anual 70, and in conformity with standards adopted in the 1978
Surface Transportation Assistance Acts Program and the American Association of State
Highway and Transportation Officials (AA.SHTO) as amended prior to the date of this
Agreement.
B. Pursuant to the City's written authorization to proceed, the Engineer agrees
to undertake and prosecute the work hereunder in accordance with the schedule and
conditions set forth herein.
SECTION 2 - COMMENCEMENT AND COMPLETION OF THE WORK
A. The Engineer agrees to begin work following the date of the City's
"Authorization to Proceed ".
B. Except as may be changed by supplemental agreement, the Engineer shall
furnish the reinspection and inventory reports 140 calendar days from authorization
to proceed with partial completion of items as follow:
1. Inventory those bridges accessible and prepare a draft of deficiency
costs within 90 days.
2. Complete the inventory of the remaining bridges over irrigation ditch
and deficiency report after water flow has been shut off within the remaining
time.
ARTICLE 5
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days' written notice
should the other party fail substantially to perform in accordance with its terms
through no fault of the other. In the event of termination due to the fault of
others than the Engineer, the Engineer shall be paid his compensation for services
performed to termination date, including Reimbursable Expenses then due and all
terminal expenses.
ARTICLE 6
SUCCESSORS AND ASSIGNS
The City and the Engineer each binds himself, his partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement. Neither the City nor the Engineer shall assign, sublet
or transfer his interest in this Agreement without the written consent of the other.
ARTICLE 7
ARBITRATION
A. All claims, disputes and other matters in question arising out of, or
relating to, this Agreement or the breach thereof shall be decided by arbitration in
accordance with the Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise. This Agreement
to arbitrate shall be specifically enforceable under the prevailing arbitration law.
PAGE 4
B. Notice of the demand for
party to this Agreement and with
shall be made within a reasonable
question has arisen. In no event
date when institution of legal or
or other matter in question would
arbitration shall be filed in writing with the other
the American Arbitration Association. The demand
time after the claim, dispute or other matter in
shall the demand for arbitration be made after the
equitable proceedings based on such claim, dispute,
be barred by the applicable statute of limitations.
C. The award rendered by the arbitrators shall be final, and judgement may be
entered upon it in accordance with applicable law in any court having jurisdiction
thereof.
ARTICLE 8
SPECIAL PROVISIONS
A. The City and the Engineer mutually agree that this Agreement shall be subject
to the following Special Provisions which shall supersede other conflicting provisions
of this Agreement:
1. The Engineer shall complete and deliver the final report to the City
within 140 days. Time shall be extended for delays beyond the Engineer's
control, such as time necessary for review by the City, State and Federal
Agencies, or changes in the scope of work.
2. The Engineer shall comply with all federal, state and local laws,
ordinances and regulations applicable to the work. The Engineer shall
procure all licenses and permits necessary for the fulfillment of his
obligations under this Agreement.
B. The Services to be performed by the Engineer are personal and cannot be
assigned, sublet or transferred without the written approval of the City.
C. The Engineer makes no warranty either express or implied as to his findings,
recommendations, or professional advice except that these were promulgated after
being prepared in accordance with generally accepted Professional Engineering practice.
D. The Engineer warrants that he will comply fully with Executive Order of
July 16, 1963, issued by the Governor of the State of Colorado and in this respect agrees:
The Engineer will not discriminate against any employee or applicant
for employment because of race, color, or national origin. The Engineer
will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their
race, creed, color, or national origin. Such action shall include, but
not be limited to the following:
Employment; upgrading, demotion or transfers; recruitment or recruit-
ment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including appreticeship.
IN WITNESS WHEREOF, the parties have caused these presents to be signed personally
or by their duly authorized officers or agents and their seals affixed and duly
attested the day and year first above written.
This Agreement is executed in four (4) counterparts.
CITY OF PUEBLO
B
City Manager
By:
Director of Public Works
Party of the First Part
LONCO, I C., CONSULTING ENGINEERS
By:
Preside
Party f the Second Pam
ATTEST:
By: � ���z �_ r��'
ATTEST:
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