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HomeMy WebLinkAbout5354�' D� ' RESOLUTION NO. 5354 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: gprTTnN T 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 March 26 , 1984 By PAUL JONES Councilman 1 APPROVEDA� resi dent-ff the • ATTEST: AA Ci y Clerk CITY OF PUEBLO DEPARTMENT OF PUBLIC WORKS * * * * * * * * * * * * * ** AGREEMENT THIS AGREEMENT, made as of the day of , 1984; by and between the CITY OF PUEBLO, a municipal corporation of the State of Colorado, hereinafter referred to as the "City "; and LONCO, INC., Consulting Engineers, 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 1982 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 Engineer 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 Rating as per CDOH Requirement Field Investigations - 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. Where 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. PAGE 2 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 avoid 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 substantial changes in the scope, char- acter or complexity 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 ad- justment 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. Payments 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 Six Thousand Dollars ($6,000.00) 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 . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 55.00 /Hr. - Project Engineer . . . . . . . . . . . . . . . . . . . . . $ 4 42.00 /Hr. - Engineer . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 32.00 /Hr. -Jr. Engineer & Designer . . . . . . . . . . . . . . . . . . I 2 26.00 /Hr. - Draftsperson II . . . . . . . . . . . . . . . . . . . . . . $ 2 20.00 /Hr. - Draftsperson I & Clerical . . . . . . . . . . . . . . . . . $ 1 18.00 /Hr. -Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . $ . .21/Mile 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 renegotiation. PAGE 3 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 Manual 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 (AASHTO) 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 within 10 days 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 60 calendar days from authorization to proceed. C. The above completion time does not include time for review by the City or State, nor does it include delayed access time to inspect bridges inaccessible due to high water or high irrigation flow. 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 ASSIG14S 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 DISPUTES A. All unresolved claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof shall be decided by a court of competent jurisdiction in Pueblo County, Colorado. PAGE 4 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 provisions of this Agreement: 1. The Engineer shall complete and deliver the final report to the City within 60 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 apprenticeship. 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 at- tested the day and year first above written. This Agreement is executed in four (4) counterparts. CITY OF PUEBLO By: City Manager By: Director of Public Works Party of the First Part LONCO, I C., CONSULTING ENGINEERS By: President Party f the Se Par ATTEST: By: ATTEST: R, r% WMF _L t. 0irN.� PAGE 5