HomeMy WebLinkAbout5059RESOLUTION NO. 5059
A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH
SELLARDS & GRIGG, INC. FOR CONSULTING ENGINEERING SERVICES
TO DESIGN THE CITY'S WASTEWATER TREATMENT PLANT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
SECTION 1.
The President of the City Council is hereby authorized and
directed to enter into a contract with Sellards & Grigg, Inc., upon
such terms and conditions as the President of the City Council and
City Manager shall approve, for consulting engineering services
to design the City's wastewater treatment plant in order that said
plant will comply with applicable federal and state laws and regu-
lations.
SECTION 2.
The City Council does select and approve Alternate No. 1
set forth in City of Pueblo, Colorado 201 Wastewater Facilities
Plan, Addendum No. 2 dated August, 1982 as the preferred wastewater
treatment alternate upon which the wastewater treatment plant should
be designed.
INTRODUCED: October 25
ATTEST:
, 1982
BY HAROLD MABIE, JR.
Councilman
APPROVED:
Pf of the City Council
City Clerk
AGREEMENT
THIS AGREEMENT made and entered into as of this /') ' --" day of
it -/ 1982 by and between the City of Pueblo, a municipal corporation
of the State of Colorado (hereinafter called "OWNER ") and Sellards & Grigg,
Inc., a professional engineering corporation in Lakewood, Colorado (herein-
after called the "ENGINEER ");
WITNESSETH:
WHEREAS, the OWNER and the ENGINEER in consideration of their mutual
covenants herein agree in respect of the performance of professional engi-
neering services by the ENGINEER and the payment for those services by the
OWNER as set forth below.
The ENGINEER shall provide professional engineering services for the
OWNER in all phases of the Project to which this Agreement applies, serve as
the OWNER'S professional engineering representative for the Project as set
forth below and shall give professional engineering consultation and advice
to the OWNER during the performance of services hereunder.
SECTION 1 - BASIC DESIGN SERVICES OF ENGINEER
1.1 General
1.1.1 The Engineer shall provide professional services as hereinafter stated
which include customary civil, structural, mechanical and electrical engi-
neering services and customary architectural, landscape architectural and
mapping services incidental thereto.
1.2 Final Design Phase
The Engineer shall:
1.2.1 On the basis of the accepted preliminary design documents designated
as Alternate 1 - New RBC Plant in Addendum No. 3 of the City of Pueblo,
Colorado 201 Wastewater Facilities Plan dated December, 1982, prepare for
incorporation in the Contract Documents final drawings to show the character
and extent of the Project (hereinafter called "Drawings ") and Specifications.
The Basic Design Services to produce the final Drawings and Specifica-
tions shall include architectural, mechanical and electrical, landscape
architectural and mapping services under subcontract to the ENGINEER.
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Architectural Services.
Basic Architectural Design Services related
to final design will be performed by Bob A. White Architects of
Denver, Colorado.
Mechanical and Electrical Services. Basic Mechanical and Electrical
Design Services will be performed by Cator, Ruma & Associates Co. of
Lakewood, Colorado.
Landscape Architectural Services. Basic Landscape Architectural Design
Services will be performed by Phillip E. Flores & Associates of
Denver, Colorado.
Aerial Photography - A scaled aerial topographic map suitable for
use in the Basic Design Aspects of the work will be prepared by Falcon
Air Maps Company of Denver, Colorado.
1.2.2 Furnish to the OWNER such documents and design data as may be required
for, and assist in the preparation of, the required documents so that the OWNER
may apply for approval of such governmental authorities as have jurisdiction
over design criteria applicable to the Project, and assist in obtaining such
approvals by participating in submissions to and negotiations with appropriate
authorities.
1.2.3 Advise the OWNER of any adjustments to the latest opinion of the probable
Project Cost caused by changes in extent or design requirements of the Project
or Construction Costs and furnish a revised opinion of probable Project Cost
based on the Drawings and Specifications.
1.2.4 Prepare for review and approval by the OWNER, his legal counsel and
other advisors contract agreement forms, general conditions and supplementary
conditions and bid forms, invitations to bid and instruction to bidders, and
assist in the preparation of other related documents.
1.2.5 Furnish five copies of the above documents and present and review
them in person with the OWNER.
The duties and responsibilities of the Engineer during the final Design Phase
are supplemented as indicated in Exhibit A, "Further Description of Basic
Engineering Services and Related Matters."
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SECTION 2 - ADDITIONAL SERVICES OF THE ENGINEER
2.1 General
If authorized in writing by the OWNER, the ENGINEER shall furnish or
obtain from others Additional Services of the following types which are not
considered normal or customary Basic Services as described in Section 1.
Additional Services will be paid by the Owner as indicated in Section 5.
2.1.1 Professional Land Survey Services. Professional Land Survey Services
to perform land surveys and prepare land survey plats as may be deemed
necessary by the OWNER to delineate the project shall be performed by the
ENGINEER.
2.1.2 Investigations, Pilot Studies, Value Engineering and Other Related
Studies. Investigations, probings, subsurface investigations, and pilot
studies involving detailed consideration of operations, maintenance and
overhead expenses; providing Value Engineering during the course of design;
the preparation of feasibility studies, annual reports, etc., as may be
requested by the OWNER in writing shall be furnished by the ENGINEER or
obtained from others. The scope of work for any such request to investigate,
study or otherwise perform a review related to this section shall be more
specifically defined and agreed upon at the time of the request.
2.1.3 Preparation of Applications for Government Grants, Loans or Advances.
Preparation of applications and supporting documents for governmental grants,
loans or advances in connection with the Project: preparation or review of
environmental assessments and impact statements; review and evaluation of the
effect on the design requirements of the project of any such statements and
documents prepared by others; and assistance in obtaining approvals of
authorities having jurisdiction over the anticipated environmental impact of
the Project.
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2.1.4 Providing renderings or models for OWNER's use.
2.1.5 Services resulting from significant changes in extent of the project
or its design including, but not limited to, changes in size, complexity
OWNER'S schedule, or character of construction or method of financing; and
revising previously accepted studies, reports, design documents or Contract
Documents when such revisions are due to causes beyond ENGINEER'S control.
2.1.6 Preparing to serve or serving as a consultant or witness for OWNER in
any litigation, public hearing or other legal or administrative proceeding
involving the project.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall:
3.1 Provide all criteria and full information as to OWNER's requirements
for the Project, including design objectives and constraints, space, capacity
and performance requirements, flexibility and expandability, and any budgetary
limitations; and furnish copies of all design and construction standards which
OWNER will require to be included in the Drawings and Specifications.
3.2 Assist ENGINEER by placing at his disposal all available information
pertinent to the Project including previous reports and any other data relative
to design or construction of the Project.
3.3 Procure foundation and soil tests related to final design by a soils and
foundation engineering consultant. The Owner will provide the Engineer two
copies of the soils report.
3.3 Furnish to ENGINEER, as required for performance of ENGINEER's Basic
Services (except to the extent provided otherwise), data prepared by or
services of others, including without limitation core borings, probings and
subsurface explorations, hydrographic surveys, laboratory tests and inspections
of samples, materials and equipment, appropriate professional interpretations
of all of the foregoing, environmental assessment and impact statements;
property, boundary, easement, right -of -way, topographic and utility surveys;
property descriptions; zoning, deed and other land use restriction; and other
special data or consultations not covered in Section 2; all of which ENGINEER
may rely upon in performing his services.
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3.5 Arrange for access to and make all provisions for ENGINEER to enter upon
public and private property as required for ENGINEER to perform his services.
3.6 Examine all studies, reports, sketches, Drawings, Specifications, proposals
and other documents presented by ENGINEER, obtain advice of an attorney,
insurance counselor and other consultants as OWNER deems appropriate for such
examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of ENGINEER.
3.7 Furnish approvals and permits from all governmental authorities having
jurisdiction over the Project and such approvals and consents from others
as may be necessary for completion of the Project.
3.8 Provide such accounting, independent cost estimating and insurance coun-
seling services as may be required for the Project, such legal services as
OWNER may require or ENGINEER may reasonable request with regard to legal
issues pertaining to the Project.
3.9 Designate in writing a person to act as OWNER's representative with respect
to the services to be rendered under this Agreement. Such person shall have
complete authority to transmit instructions, receive information, interpret
and define OWNER's policies and decisions with respect to materials, equipment,
elements and systems pertinent to ENGINEER's services.
3.10 Give prompt written notice to ENGINEER whenever OWNER observes or other-
wise becomes aware of any development that affects the scope or timing of
ENGINEER's services.
3.11 Furnish, or direct ENGINEER to provide, necessary Additional Services
as stipulated in Section 2 of this Agreement or other services as required.
3.12 Bear all costs incident to compliance with the requirements of this
Section 3.
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SECTION 4 - PERIOD OF SERVICE
4.1 The provisions of this Section 4 and the various rates of compensation
for Engineer's services provided for elsewhere in this Agreement have been
agreed to in anticipation of the orderly and continuous progress of the
Project through completion of the Design Phase. Engineer's obligation to
render services hereunder will extend for a period which may reasonably
be required for the design of the Project including extra work and
required extensions thereto. The Design Phase Period shall be based upon
a commencement date of December 15, 1982 and a completion date for the
plans, specifications and contract documents estimated to be June 30, 1984.
The period of July 1, 1984 to October 1, 1984 also included in this contract
shall be for review, presentation and the preparation of grant applications,
if any.
4.2 Engineer's services under this Agreement shall be considered complete
at the earlier of (1) the date when the submissions for work have been
accepted by Owner or (2) thirty days after the date when such submissions
are delivered to Owner for final acceptance, plus such additional time as
may be considered reasonable for obtaining approval of governmental author-
ities having jurisdiction over design criteria applicable to the Project.
4.3 After acceptance by Owner of the Engineer's Drawings, Specifications
and other Final Design Phase documentation including the most recent opinion
of probable Project Cost the Owner may request the Engineer to enter into
negotiations to proceed with the performance of the services called for in
the Bidding and Construction Phase. The Design phase shall terminate and
the services to be rendered thereunder shall be considered complete upon
commencement of the Bidding and Construction Phase.
4.4 If Owner has requested significant modifications or changes in the
extent of the Project, the time of performance of Engineer's services and
his various rates of compensation shall be adjusted appropriately.
4.5 If Engineer's services for design of the Project are delayed or suspended
in whole or in part by Owner for more than three months for reasons beyond
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Engineer's control, Engineer shall on written demand to Owner (but without
termination of this Agreement) be paid as provided in paragraph 5.3.2. If
such delay or suspension extends for more than one year for reasons beyond
Engineer's control, or if Engineer for any reason is required to render
services more than one year after Substantial Completion, the various rates
of compensation provided for elsewhere in this Agreement shall be subject
to renegotiation.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 Methods of Payment for Services and Expenses of Engineer.
5.1.1 For Basic Services
Owner shall pay Engineer for basic Services
rendered under Section 1 (as amended and supplemented by Exhibit A, "Further
Description of Basic Engineering Services and Related Matters "), in
accordance with a cost reimbursement basis of payment as outlined on the
attached Exhibit B, "Cost of Price Summary Format for Subagreements under
U.S.E.P.A. Grants - 5700 -41 (2 -76) form which provides for the following:
Total Estimated Cost $1,527,928.20
Fixed Fee 174,971.80
Total Price $1,702,900.00
The total price of $1,702,900 may not be exceeded without formally amending
the contract amendment which increases the scope of work.
5.1.2 For Additional Services of the Engineer. Owner shall pay Engineer
for Additional Services of the Engineer as set forth in Section 2 and more
particularly described in writing at the time such authorization is provided
an amount or amounts as mutually agreed upon by Owner and Engineer. The
Basis of Payment for such additional services may be a cost reimbursement,
hourly rate or lump sum, whichever is deemed appropriate for the scope of
work involved and is mutually agreed upon by the Owner and Engineer.
5.2 Times of Payments.
5.2.1 Engineer shall submit monthly statements for Basic and Additional
Services rendered and for Reimbursable Expenses incurred. The amount of
Engineer's professional fee billed will be based upon the agreed upon
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basis of payment for services actually incurred in the billing period.
Owner shall make prompt monthly payments in response to Engineer's monthly
statements.
5.3 Other Provisions Concerning Payments.
5.3.1 If Owner fails to make any payment due Engineer for services and
expenses within sixty days after receipt of Engineer's bill therefor, the
amounts due Engineer shall include a charge at the rate of 1% per month
from said sixtieth day, and in addition, Engineer may, after giving seven
days' written notice to Owner, suspend services under this Agreement until
he has been paid in full all amounts due him for services and expenses.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Termination. The obligation to provide further services under this
Agreement may be terminated by either party upon seven days' written notice
in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party.
6.2 Reuse of Documents. All documents including Drawings and Specifications
prepared by Engineer pursuant to this Agreement are instruments of service
in respect of the Project. They are not intended or represented to be
suitable for reuse by Owner or others on extensions of the Project or on
any other project. Any reuse without written veritification or adaptation
by Engineer for the specific purpose intended will be at Owner's sole risk
and without liability or legal exposure to Engineer; and Owner shall
indemnify and hold harmless Engineer from all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle Engineer to further compen-
sation at rates to be agreed upon by Owner and Engineer.
6.3 Disputes. Any action filed relating to this agreement, its interpre-
tation or application, or disputes between the parties hereunder, shall be
filed in the District Court, Pueblo County, 10th Judicial District, State
of Colorado.
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6.4 Successors and Assigns.
6.4.1 Owner and Engineer each binds himself and his partners, successors,
executors, administrators, assigns and legal representatives to the other
party to this Agreement and to the partners, successors, executors,
administrators, assigns and legal representatives of such other party, in
respect to all covenants, agreements and obligations of this Agreement.
6.4.2 Neither Owner nor Engineer shall assign, sublet or transfer any
rights under or interest in (including, but without limitation, moneys that
may become due or moneys that are due) this Agreement without the written
consent of the other, except as stated in paragraph 6.4.1 and except to
the extent that the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent Engineer from employing such independent consul-
tants, associates and subcontractors as he may deem appropriate to assist
him in the performance of services hereunder.
6.4.3 Nothing herein shall be construed to give any rights or benefits
hereunder to anyone other than Owner and Engineer.
6.5 Notices. All notices shall be in writing, mailed by Certified Mail,
and addressed to the Parties, as follows:
To the OWNER - 1 City Hall place
Pueblo, Colorado 81001
To the ENGINEER - 8745 W. 14th Ave., #,208
Lakewood, Colorado 80215
or to such other address as either party shall hereinafter designate in
writing.
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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.
ATTEST:
By _a
APPROVED
By: 2
City Att y/'
CITY 7 O� PUEBLO�
By: /l��G«/ •/
President of the Council
By
Cit M anager
PARTY OF THE FIRST PART
and
ATTEST
SELLARDS & GRIGG, INC.
By =�r
President
PARTY OF THE SECOND PART
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EXHIBIT A TO AGREEMENT BETWEEN OWNER
AND ENGINEER FOR PROFESSIONAL SERVICES
FURTHER DESCRIPTION OF BASIC ENGINEERING
SERVICES AND RELATED MATTERS
This is an exhibit attached to, made a part of and incorporated by
reference into the Agreement made on December 15, 1982 between the CITY
OF PUEBLO (OWNER) and SELLARDS & GRIGG, INC. (ENGINEER) providing for
professional engineering services. The Basic Services of Engineer, as
described in Section 1 of the Agreement, are amended or supplemented as
indicated below.
Provide plans, specifications and contract documents for new waste-
water treatment facilities north of and adjacent to the existing Pueblo
Wastewater Treatment Plant. The treatment process shall consist of primary
screening, influent flow metering, raw pumping, primary grit removal,
primary clarification, rotating biological contactor secondary treatment
with future expansion capabilities, secondary clarification, effluent flow
metering, chlorination /dechlorination, raw sludge degritting, sludge
thickening, anaerobic sludge digestion, sludge disposal, related sludge
pumping and grease salvage facilities. Other work related to the treatment
processes shall consist of yard piping (including process piping connections
to the existing treatment plant), site work, drainage, flood protection,
landscaping, administration building, laboratory, garage, other buildings
and structures, heating, ventilating, air conditioning, plumbing, water
supply system, electrical (including emergency power generation), instrumen-
tation, controls and all appurtenances for a complete treatment facility.
Plans, specifications and contracts for such new wastewater treatment
facilities shall meet and comply with state and federal design criteria
and applicable standards.
COST OR PRICL SUMP.ARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
ra
(Scu nc insrrucriwls be fore complcring this furs)
Form Appro1•ctl
031D No. 15S- R (l14J
PARTI- GENERAL '
1. GRANTEE
City of Pueblo
2. GRANT NUMBER
NAME OF CONTRACTOR OR SUBCONTRACTOR
Sellards & Grigg, Inc.
4. DATE OF PROPOSAL
Dec. 15, 1982
S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR ()nclud. ZIP cod.)
8745 W. 14th Avenue
Lakewood, Colorado 80215
6. TYPE OF CERVICE T O UE FURNISHED
Design of Wastewater Treatment
Facility - Alternate "A"
Addendum No. 3
PART 11 -COST SUMMARY
7. DIRECT LABOR ( Sprclly J.Dor r.tr`ori..)
ESTI-
MATED
HOURS
HOURLY
RATE
ESTIMATED
COST
TOTALS
�
- Se e
DIRECT LABOR TOTAL:
563 7774.50
e. INDIRECT COSTS (Sprclly indi rcl cost pools)
RATE
BASE c
ESTIMATED
COST
-
E Average Overhead Factnr
1
s
for Period 1- 1 -8 6 -30 -8
INDIRECT COSTS TOTAL:
–
�_
1 603, 238.70
9. OTHER DIRECT CO5TS
•-
'
fl. T RAVEL
ESTIMATED
COST
- -- - `
1 8 r -_90
3, 700.00
I , .
_ (1)
(2) PER D,EM Lodging & meals (out of Denver)
— s - 3 ,500.00
TRAVEL SUBTOTAL:
(' -
s 7,200.00
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify
QTY
COST
ESTIMATED
COST
-..
ong Distance T elephone Calls
s 4,
_
-- s
B u Prin ( Work sheets + 50 lan
ets)
6,000.00
,
Xerox (Work sheet + 50 spec.
4,100.00
EQUIPMENT SUBTOTAL!-
4, 400.00
- –
C. SUBCONTRACTS
ESTIMATED
C 05
-.
See Attache
s
SUBCONTRACTS SUBTOTAL:
S 339,3ib.
d. OTHER (Sprclly urrQon r.)
ESTIMATED
COST
S
J
OTHER SUBTOTAL:
.4s
-
c.IOTHER DIRECT COSTS TOTAL:'
Ir
r'7=�•=
S
10. TOTAL ESTIMATED COST
s1 527 928.20
t1. PROFIT
174 F 971 .80
t2. TOTAL PRICE
P1 , 702, 900.
PA Fo•.r, 5700 -41 (2 -76) PAGE 1 OF S
LIST OF SUBCONTRACTORS
FOR BASIC DESIGN SERVICES
1. Mechanical - Electrical - Controls
Cator, Ruma & Associates, Co.
1550 Dover, Suite 2
Lakewood, Colorado 80215
2. Architectural -
Bob A. White - Architecture- Planning
2548 15th Street
Denver, Colorado 80211
3. Phillip E. Flores Associates
825 E. Speer Blvd., Suite 10
Denver, Colorado 30218
4. Falcon Air ; Company
2757 West 2nd Avenue
Denver, Colorado 80219
$ 193,125.00
128,950.00
14,200.00
3,040.00
$ 339,315.00
LABOR ESTIMATE
Principal
1983
276
Hrs.
@
28.25
$ 7,797.00
1984
138
Hrs.
@
30.50
4,209.00
Project Coordinator
1983
2198
Hrs.
@
18.00
39,564.00
1984
1100
Hrs.
@
20.00
22,000.00
Engineer III
1983
4398
Hrs.
@
16.50
72,567.00
1984
2198
Hrs.
@
18.00
39,564.00
Engineer III
1983
1794
Hrs.
@
17.50
31,395.00
1984
897
Hrs.
@
18.90
16,953.30
Engineer II
1983
4398
Hrs.
@
16.00
70,368.00
1984
2198
Hrs.
@
17.50
38,465.00
Engineer II
1983
956
Hrs.
@
14.75
14,101.00
1984
478
Hrs.
@
16.00
7,648.00
Engineer I
1983
3215
Hrs.
@
14.00
45,010.00
1984
1608
11rs.
@
15.10
24,280.80
Technician III
1983
640
Hrs.
@
14.30
9,152.00
1984
320
Hrs.
@
15.40
4,928.00
Technician I
1983
1380
Hrs.
@
9.00
12,420.00
1984
760
Hrs.
@
9.75
7,410.00
Drafter Supervisor
1983
480
Hrs.
@
14.30
6,864.00
1984
240
Hrs.
@
15.40
3,696.00
Drafter III
1983
1778
Firs.
@
10.25
18,224.50
1984
890
Hrs.
@
11.00
9,790.00
Drafter III
1983
1778
Hrs.
@
9.90
17,602.20
1984
890
Hrs.
@
10.65
9,478.50
Technical Secretary
1983
2312
Hrs.
@
8.50
19,652.00
1984
1156
Hrs.
@
9.20
10,635.20
$563,774.50