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RESOLUTION NO 5033
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF PUEBLO AND MSM CONSULTANTS, INC., RELATING TO
FLOODPLAIN ANALYSIS OF THE DOWNTOWN AREA, 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 Floodplain Analysis of the Downtown Area, the original of
which is on file in the office of the City Clerk 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 MSM Consultants,
Inc., a corporation, 570 West 44th Avenue, 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 September 13 , 1982
B ISAAC C. DURAN
Councilman
APPROVED '/
esi I V ; nt of the Council
ATTEST:
r City"Clerk
V
N t i
it tt
September 8, 1982
Mr. Tom Cvar
Public Works Division
City of Pueblo
Pueblo, Colorado 81003
Dear Mr. Cvar:
MSM /SP Group
570 West 44th Avenue
Denver, CO 80216
(303) 455 -7321
An International
Professional Services
organization
Engineering, Surveying, Architecture,
Energy Services, Planning,
Construction Services
MSM /SP Group is pleased to submit this revised contract for
professional engineering services to analyze the Fountain Creek
100 -year overflow into the Pueblo downtown area.
At the request of Dennis Maroney we have expanded our previous
contract to include a revised Item 2, Section 3, Scope of
Services to include an independent Floodplain Analysis of
Fountain Creek and have devised a step -by -step contract
procedure.
If the City wishes to proceed through this contract on a
step -by -step basis with written notices to proceed for each
step, MSM /SP Group offers the following option to the City.
Step 1. - Reanalysis of Fountain Creek flood profile
For this analysis it is necessary to complete Items
1 -3, Section 3, Scope of Services.
LUMP SUM COST - $ 1
Step 2. - Diversion Hydrograph Routing, Flood Elevations and
Delineations, Report preparation and coordination -Items
4 -7, Section 3, Scope of Services.
LUMP SUM COST - $ 2
If you have any questions or require more information, please
give me a call. We look forward to hearing from you and working
with the City on this project.
Sincerely,
MSM /SP GROUP
&wJ6 �
Edward G. Beadenkopf, P. .
Department Manager
EGB:ln
Approved by:
i
Eldon Von Ohlen, P.E.
President
AGREEMENT
BETWEEN CLIENT AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this day of
, A.D., 1982, by and between the City of
Pueblo, Colorado, hereinafter referred to as the CLIENT, and
MSM /SP GROUP, 570 West 44th Avenue, Denver, Colorado 80216,
hereinafter referred to as ENGINEER;
WITNESSETH:
WHEREAS, CLIENT proposes to perform a 100 -year floodplain
analysis of the City of Pueblo downtown area for a flood diver-
sion from Fountain Creek and has appropriated funds available for
said engineering services; and
WHEREAS, CLIENT desires to engage ENGINEER to perform cer-
tain engineering services pertinent to the above - mentioned pro-
ject;
NOW, THEREFORE, in consideration of the premises and mutual
benefits which will accrue to the parties hereto in carrying out
the terms of this Agreement, it is mutually understood and agreed
as follows:
SECTION 1: GENERAL TERMS AND DEFINITION
A. CHANGES, REVISIONS, EXTRA WORK: It is understood and
agreed between the parties that the total maximum cost
is for the services set forth herein. If extra work is
requested by CLIENT, it is in the best interest of both
parties if the scope of the extra work and an agreed
price can be determined before the work is commenced.
If time or other circumstances permit, this agreement
will be amended or supplemented by formal change hereto
or letter agreement. The parties recognize that it is
not always possible to provide written changes, inas-
much as CLIENT's personnel may need to request immedi-
ate changes or additional work and any administrative
delays could be both burdensome and costly. It is
therefore agreed that if extra work is requested by
employees of the CLIENT, ENGINEER shall promptly notify
CLIENT of the extra work ordered and ENGINEER'S charge
therefor which shall be at ENGINEER'S time and materi-
als rates. Unless CLIENT immediately objects, CLIENT
shall be deemed to have ratified the request and char-
ges and waives any objections thereto. If CLIENT does
object to the item as extra work or the amount thereof,
all work on the project shall be suspended until the
dispute is resolved.
B. ORIGINAL DOCUMENTS: All sketches, tracings, drawings,
computations, eta ls, and other original documents and
plans are and shall become and /or remain the property
of the ENGINEER, excepting where such documents are
required to be filed with a governmental agency and
become public property, in which case the ENGINEER will
furnish duplicates to the CLIENT upon request. The
ENGINEER will furnish mylar reproducibles of all plans
to the CLIENT for the cost of such reproduction per the
attached rate schedule.
C. LIABILITY AND INDEMNIFICATION: If the ENGINEER should
assume certain liabilities due to errors and omissions
involving the work described herein, the indemnifica-
tion to be paid by the ENGINEER shall be limited to the
actual damages proximately caused by such errors and
omissions. The ENGINEER will not be liable for any
punitive damages or claims.
D. TOPOGRAPHIC MAPPING: If the ENGINEER should utilize
any top ograp y an or other survey data, not prepared
by the ENGINEER and at the CLIENT'S request, the accur-
acy of said data shall be the CLIENT'S liability in as
much as the ENGINEER does not have any control over its
accuracy or production.
E. TERM OF AGREEMENT: The unit lump sum costs in this
Agreement are valid until January 1, 1983. Because of
the current rate of inflation and the increased costs
our firm has experienced, the ENGINEER reserves the
prerogative to review unit costs and hourly rates on
January 1, 1983, and negotiate possible rate changes to
adjust to the then current inflation rate.
SECTION 2: SPECIFIC EXCLUSIONS
This agreement specifically excludes the items listed below:
A. Field survey or topographic mapping.
B. Analysis of design storms other than the 100 -year
event in the downtown area.
C. Analysis of local urban drainage or capacity of storm
sewer systems.
D. Design or preparation of construction plans.
E. Coordination with the Federal Emergency Management
Agency and the Colorado Water Conservation Board will
be limited to one meeting each with the Denver
representatives.
F. Preparation of a Flood Insurance Study Letter of Map
Amendment.
G. More than one trip to the City of Pueblo.
H. Floodplain delineation on Fountain Creek.
If any of the above - listed excluded items becomes necessary
and the scope of such work can be determined, the ENGINEER will,
at the CLIENT'S request, perform the work on a time and materials
basis or will negotiate a separate price with the CLIENT at the
time of such request.
SECTION 3: SCOPE OF SERVICES
ENGINEER AGREES to furnish and perform the various profes-
sional services hereinafter listed:
1. Obtain from the City of Pueblo a map showing spot
elevations, critical cross sections of Fountain Creek
and the downtown area and street sections of the
downtown area. Review map and request additional
survey if required.
2. Recompute the 10 -, 50 -, 100- and 500 -year flood
elevations on Fountain Creek for the study reach
starting at the downstream side of Eighth Street to
15th Street using recent survey cross sections
developed and supplied by the City of Pueblo. Analysis
to be conducted using the U.S. Army Corps of Engineers
HEC -2 program, cross sections supplied by the City,
bridge geometry for Eighth Street obtained from the
previous U.S. Army Corps of Engineers HEC -2 program for
Fountain Creek, and hydrology developed under Item 3,
Section 3 of this contract.
3. Recalculate the diversion 100 -year flood from Fountain
Creek into the downtown area and the resultant 100 -year
hydrograph on Fountain Creek using the overflow survey
information supplied by the City and the 100 -year flood
hydrograph on Fountain Creek developed by the U.S. Army
Corps. of Engineers. Analysis to include the HEC -2 -
HEC -1 diversion options using the HEC -2 model developed
under Item 2, Section 3 of this contract.
4. Rout using the HEC -1 model the 100 -year overflow
hydrograph from Fountain Creek through downtown Pueblo
and to the Runyan Field ponding area.
The Modified Puls reservoir routing through Runyan
Field will be computed using the previous state - storage
relationships developed by the U.S. Army Corps of
Engineers or information supplied by the City of
Pueblo.
5. Compute the 100 -year flood elevations and boundaries in
the downtown area using the computed hydrology and the
survey information provided by the City for the West
bank Fountain Creek overflow area from the point of
diversion at Fountain Creek to the outflow from Runyan
Field. Analysis to include use of the HEC -2 model,
hand calculations at street intersections using
Mannings equation or an energy balance or a combination
of methods as deemed appropriate by the Engineer.
6. Presentation of all technical calculations and results
in a letter report. Presentation of floodplain
delineations on base map supplied by the City. The
100 -year flood elevations will be shown on the plan
view at even one foot intervals.
7. Coordination with the City of Pueblo. One meeting at
the City of Pueblo to review completed study with City
Staff.
SECTION 4: PAYMENT
CLIENT AGREES to pay ENGINEER on a fee basis for the profes-
sional services as set forth in Section 3, the following fees:
1.
2.
3.
4.
5.
6.
7.
Section Review
Fountain Creek Hydraulics
Diversion Hydrograph
Diversion Hydrograph Routing
Flood Elevations and Delineations
Report Preparation
Coordination
$ 150.00
500.00
500.00
300.00
1,400.00
400.00
750.00
$ 4,000.00
CLIENT agrees to pay ENGINEER interim compensation for the
work performed. Invoices will be sent on a monthly basis. The
engineering services performed will be billed on a Lump Sum
basis, on a percentage of completion. If any ENGINEER'S invoice
is not paid within 30 days of the date of the invoice, it shall
accrue interest at the rate of 1 1/2% per month. Any waiver of
interest for any invoice shall not constitute a waiver of
interest with respect to any other invoice. In addition to the
interest charge, all reasonable costs of collection shall be paid
by the CLIENT, including reasonable attorney fees. If suit is
brought to obtain payment of any invoice, the CLIENT agrees to
pay all costs of collection including reasonable attorney fees
which shall be presumed to be 25% of the outstanding invoice
including interest. Whenever the account is more than thirty
(30) days delinquent, the ENGINEER may suspend any further work
called for by this Agreement until such account is made current.
The fact that the ENGINEER may continue to work beyond the time
during which it may have been suspended shall not be deemed to be
a waiver of its rights hereunder. If at any time the ENGINEER
deems himself insecure, this Agreement may be terminated by the
ENGINEER.
SECTION 5: OPTIONAL HOURLY SERVICES
If the CLIENT should request that the ENGINEER perform any
of the services which are outside the scope of services of this
agreement, or any other services, such services will be performed
on a time and materials basis at the ENGINEER's rate schedule
that is in effect at the time such work is required. If any
accurate determination of the scope of work can be made, a lump
sum, unit, or lineal footage price may be negotiated in lieu of
the hourly time charge, prior to starting the work. A copy of
our current rate schedule is attached.
SECTION 6: TERMINATION OF AGREEMENT
CLIENT reserves the right to terminate this Agreement upon
thirty (30) days' written notice to ENGINEER. In such event,
ENGINEER shall receive full compensation for items of service
completed in accordance with the fee set forth in Section 4; and
in the case of partially completed stages of work, ENGINEER shall
receive an appropriately prorated percentage of the fee. Upon
termination and payment by CLIENT to ENGINEER for all services
rendered, ENGINEER agrees to immediately convey to CLIENT copies
of all items listed in Paragraph B of Section 1 of this Agreement
for CLIENT's use, free from any obligation to ENGINEER or any
third party.
SECTION 7: SUCCESSORS AND ASSIGNS
ENGINEER and CLIENT each binds himself, his partners, suc-
cessors, executors, administrators, and assigns to such other
party in respect of all covenants of this Agreement. Neither
party shall assign, sublet or transfer his interest in this
Agreement without the written consent of the other party hereto.
ENGINEER:
MSM CONSULTANTS, INC.
Prepared by:
ed� 6- & e�j/j
Edward ea en op , .
Department Manager
CLIENT:
By:
—`—' (Signature)
City Manager
(Ti
Reviewed and Approved by:
k--�-v4�IAKv
Eldon Von 0 en, P.E.
President
EGB /ln
it
EFFECTIVE JUNE 25, 1982
A. ENGINEERING
Engineers
MSM /SP Group
570 West 44th Avenue
Denver, CO 80216
(303) 455-7321
Principal
Department Manager /Project Coordinator
Project Engineer
Design Engineer
Designers /Technicians
Drafters
B. ARCHITECTURE
Director of Architecture
Project Architect
Senior Designer
Architectural Drafter
C. CONSTRUCTION MANAGEMENT
Director of Construction Management
Construction Manager
Assist. Construction Manager
Construction Coordinator
D. SURVEYING
Manager of Survey Compilation
Manager of Surveys
Chief of Surveying
Survey Supervisor
2 -Man Survey Crew (including cost of
miscellaneous expendable survey
materials and ordinary survey
equipment)
3 -Man Survey Crew (including cost of
miscellaneous expendable survey
materials and ordinary survey
equipment)
Electronic Measuring Equipment
An International
Professional Services
Organization
Engineering, Surveying, Architecture,
Energy Services, Planning,
Construction Services
SHEET 1 OF 2
$ 75.00 /hour
47.50 /hour
37.50 /hour
30.00 /hour
28.50 /hour
23.00 /hour
$ 47.50 /hour
36.00 /hour
32.00 /hour
24.00 /hour
$ 47.50 /hour
46.00 /hour
33.00 /hour
31.00 /hour
$ 47.50 /hour
47.50 /hour
37.50 /hour
33.00 /hour
54.00 /hour
66.00 /hour
80.00 /day
MSM /SP Group
EFFECTIVE JUNE 25, 1982
SHEET 2 OF 2
E. MISCELLANEOUS
Vehicles $ 3.50 /hour
Electronic Data Processin
Computer - VAX 750
200.00 /hour
Minimum Charge
15.00
Messenger
15.00 /hour
Reproduction
Blueline Prints
0.22 /sq.ft.
Xerox Copies
0.10 /copy
Mylar Sepia
2.25 /sq.ft.
Paper Sepia
0.85 /sq.ft.
Photo Mylars
9.75 /sq.ft.
Microfilm Copies
4.00 /each
Minimum Charge
7.50/5 drawings
or less
Cost for out -of -town living expenses and travel (per diem, motel, com-
mercial airlines, etc.), equipment rental, long distance telephone
calls and other miscellaneous expenses, as well as outside subcon-
tracted consulting fees (aerial mapping, etc.), will be charged at
invoice cost plus fifteen (15) percent.