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HomeMy WebLinkAbout5107RESOLUTION NO. 5107 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND WATER RESOURCES CONSULTANTS, INC., FOR ENGI- NEERING SERVICES ASSOCIATED WITH THE PLANNED SOFTBALL PLAY FIELDS TO BE LOCATED SOUTH OF LAKE MINNEQUA BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. A certain Agreement to perform specialized engineering services in the area of subsurface drainage design for the proposed Lake Minnequa Soft- ball Fields, 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 Water Resources Consultants, Inc., a Corporation, 2765 South Colorado Blvd., Suite 218, Denver, Colorado, be and the same is hereby approved. cWrmrnM 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 February 28 , 1983 By MIKE OCCHIATO Councilman APPROVED �= J President of the Council ATTEST: Al ity Clerk i , ENGINEERING AGREEMENT THIS AGREEMENT is made on the day of in the year of 1983 between THE CITY OF PUEBLO, COLORADO, hereinafter referred to as the "City" or "Party of the First Part ", and Water Resources Consultants, Inc. herein- after referred to as the "Engineer" or "Party of the Second Part" to provide engineering services associated with investigations and design review of the sub- surface drainage system for the proposed softball field in Pueblo. The City and the Engineer agree as follows: SECTION I - SERVICES OF ENGINEER A. Basic Services 1. Data Collection and Review: The work consists of obtaining the available records including geological information, Lake Minnequa water levels, hydrological reports for the lake, well records, and history of the ground water /surface problems. The site would be inspected to review existing conditions. 2. Test Boring: It is recommended that WRC work with and supervise a soils testing firm to drill five test holes at the site 10 -feet to 40 -feet deep. The holes will identify the variation in ground water table and thickness of the surface layer(s). A soils sample will be obtained and a gradation test run to provide data for the design of the filter material. Peizo- meters would be installed in the holes to provide a continuous ground water monitoring level to verify the system performance. Should the City decide not to proceed with this item, the costs associated with this task would be deleted. 3. Ground Water Evaluation: The results of the test under item No. 2 along with the geological information and other data obtained under item No. 1 will be used to determine the hydraulic gradient, saturated thickness, permeability, ground water flow direction, and other aquifer parameters. These results will more clearly identify the ground water source, potential seasonal variations, and possible changes in the direction of flow. The proposed development design will be reviewed for impact on the aquifer para- meters. Attention will be given to the effect on the lake, the adjacent properties, and other important areas. 4. Surface Hydrology: The impacts of the development on the surface hydro- logy of Lake Minnequa and the local drainage basins will be evaluated. Specifically, the changes in the 5 -year and 100 -year runoff peaks and volumes will be defined and the effects on the lake level and local storm drainage system determined. The existing hydrological information is assumed to be available to WRC and will be used as the baseline for the analysis. 5. Drainage System Design Review: The information developed under the previous work items will be used to evaluate the proposed drainage systems and make recommendations on design details or other pertinent areas. 6. Report: A report will be prepared presenting the methodology, basic data, results, conclusions, and recommendations of the analysis. Six bound copies of the report will be provided. Page 1 of 5 B. Additional Services of Engineer 1. If authorized in writing by the City, the Engineer agrees to furnish any additional professional services in connection with the Project as defined specifically in writing by the City. SECTION II - CITY'S RESPONSIBILITIES A. Provide to the Engineer all pertinent information related to the Project that is available to the City. B. Designate in writing a person authorized to act as the City's representative. The City's representative shall receive and examine documents submitted by the Engineer, interpret and define the City's policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the Engineer's services. The City's representative shall attend meetings when necessary with other parties involved. C. Promptly hold all required special meetings, serve all required public and private notices, receive and act upon all protests and fulfill all requirements necessary in the development of the Project. D. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the Engineer's performance of services under this agreement. E. Secure permission for the Engineer to enter upon any and all private pro- perty for the purposes of completing the Engineer's services, outlined in Section I of this agreement. SECTION III - PERIOD OF SERVICE A. B asic Services 1. The services called for shall commence upon the date of signing this agreement and shall be completed within 50 days. This schedule considers the architect's plans for the softball play field to be available to the Engineer when needed. B. Additional Services 1. The period of service shall be mutually agreed to by the City and the Engineer when written authorization for the work is given by the City. SECTION IV - PAYMENTS TO THE ENGINEER In accordance with the Terms and Conditions of this agreement, the Engineer shall provide professional services for which the City shall compensate the Engineer as follows: A. Basic Services 1. Payment to the Engineer for services rendered shall be paid on the basis of Engineer's current fee schedule dated December 1982, a copy of which has been provided to the City, and shall not exceed $3,930.00. If item A -2 of Section I is deleted from the scope of services, the not to exceed figure shall be $3,466.00. Page 2 of 5 2. The additional cost of drilling and soils testing for item A -2 of Section I will-be billed -at cost to the Engineer, directly to the City. This cost is in addition to the cost identified in item 1 above. B. Additional Services 1. Payment to the Engineer for any other additional services as defined in Section I -B of this agreement shall be in accordance with terms as approved by both the City and the Engineer. C. Times and Methods of Payment 1. Progress payments shall be made in proportion to services rendered and shall be due and owing within thirty days of the Engineer's submittal of his monthly statement. If the City objects to any bills submitted by the Engineer, he will so advise the Engineer in writing giving his reasons within fourteen days of receipt of such bill. Past due amounts owed shall include a charge rate of 1.57 per month interest from the sixtieth day. Nonpayment due to questions resulting from errors in the Engineer's billing shall not be subject to interest until 60 days after resolution of the error. 2. If the City fails to make payments due the Engineer within sixty days after receipt and acceptance of the Engineer's bill, the Engineer may, after giving seven days written notice to the City, suspend services under this agreement until his outstanding bills have been paid in full. 3. If the Project is delayed or if the Engineer's services for the Project are delayed or suspended for more than 180 calendar days for reasons beyond the Engineer's control, the Engineer may, after giving seven days written notice to the City, terminate this agreement and the City shall compensate the Engineer in accordance with the termination provision con- tained hereafter in this agreement; or the Engineer may renegotiate the Engineer's compensation and continue the agreement; or the Engineer may waive the delay for another period. SECTION V - GENERAL PROVISIONS A. Extent of Agreement I. This agreement represents the entire and integrated agreement between the City and the Engineer and supercedes all prior negotiations, representa- tions or agreements, either written or oral. This agreement may be amended only by written instrument signed by both the City and the Engineer. B. Delegation of Duties 1. Neither the City nor the Engineer shall delegate his duties under the agreement without the written consent of the other. C. General I. Neither party shall hold the other responsible for damages or delays in performance caused by acts of God, strikes, lockouts, accidents, or other events, if and whenever such acts, occasions, occurrences or other events shall have been beyond the control of the other or the other's employees and agents. Page 3 of 5 2. In the event any provisions of this agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One of more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 3. Any Estimate of the Construction Cost or Project Cost prepared by the Engineer represents the Engineer's opinion and his judgement as a design professional and is supplied for the general guidance of the City. Since the Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, the Engineer does not guarantee the accuracy of such opinions as compared to Contractor bids or actual cost to the City. 4. The City and the Engineer each bind himself and his partners, successors, executors, administrators, and assigns to the other party of this agree- ment and to the partners, successors, executors, administrators and assigns of such other party, in respect to all other covenants of this agreement; except as above, neither the City nor the Engineer will assign, sublet or transfer his interest in this agreement without the written consent of the other. D. Termination 1. This agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this agreement through no fault of the termination party: Provided, that no such termination may be effected unless the other party is given: a. not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and, b. an opportunity for consultation with the terminating party prior to termination. 2. This agreement may be terminated in whole or in part in writing by the City for its convenience: Provided, that such termination is for good cause (such as for legal or financial reasons, major changes in the work or program requirements, initiation of a new step) and that the Engineer is given: a. not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and, b. an opportunity for consultation with the terminating party prior to termination. 3. If termination for default is effected by the City, an equitable adjustment in the price provided for in this agreement shall be made, but, a. no amount shall be allowed for anticipated profit on unperformed ser- vices or other work, and, b. any payment due to the Engineer at the time of termination may be adjusted to the extent of any additional costs occasioned to the City by reason of the Engineer's default. If termination for default is effected by the City, the equitable adjustment shall include a reason- able profit for services or other work performed. The equitable adjust- ment for any termination shall provide for payment to the Engineer for services rendered and expenses incurred prior to the termination, in Page 4 of 5 addition to termination settlement costs reasonably incurred by the Engineer relating to commitments which had become firm prior to the termination. 4. Upon receipt of a termination action pursuant to paragraphs (1) and (2) above, the Engineer shall: a. promptly discontinue all services affected (unless the notice directs otherwise), and, b. deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries, and such other infor- mation and materials as may have been accumulated by the Engineer in performing this agreement, whether completed or in process. 5. Upon termination pursuant to paragraphs (1) or (2) above, the City may take over the work and prosecute the same to completion by agreement with another party or otherwise. Any work taken over by the City for completion will be completed at the City's risk, and the City will hold harmless the Engineer from all claims and damages arising out of improper use of the Engineer's work. 6. If, after termination for failure of the Engineer to fulfill contractual obligations, it is determined that the Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment of the price provided for in this agreement shall be made as provided in paragraph (3) of this clause. This agreement executed the day and year written at the beginning of the agree- ment. (SEAL) (SEAL) Attes lde# (SEAL) Attest:_ Secretary/Treasurer Water Resources Consultants, Inc. By City Manager 6 /City of Pueblo B (4 � 7v �1 3131 Y : Director of Public Works Party of the First Part By: � W s A. S. Andrews, Pr ident Water Resources Consultants, Inc. Party of the Second Part Page 5 of 5