Loading...
HomeMy WebLinkAbout5033") �� 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.