HomeMy WebLinkAbout6366RESOLUTION NO. 6366
A RESOLUTION APPROVING AN AGREEMENT WITH
CH2M HILL FOR PROFESSIONAL SERVICES AS-
SOCIATED WITH THE DESIGN AND CONSTRUCT-
ION OF THE AIRPORT INDUSTRIAL PARK SANI-
TARY SEWER PUMPING SYSTEM AND PIPELINE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
An Agreement between the City of Pueblo and CH2M Hill, a copy of
which is on file in the office of the City Clerk and incorporated herein by
reference, whereby CH2M Hill shall provide and perform professional engineer-
ing services in the preparation of plans and specifications and services
during construction for the Airport Industrial Park Sanitary Sewer Pumping
System Project, dated April, 1989, having been approved as to form by the
City Attorney, is hereby approved.
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Compensation for these services shall not exceed $326,800 unless a
properly executed change order is approved by the City Manager.
SECTION 3.
The City Manager 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.
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The City Council hereby finds and determines that the Airport
Industrial Park Sanitary Sewer Pumping Project is a Capital Improvement for
the Pueblo Memorial Airport.
An amount equal to the professional fees to be payable under the
contract is hereby authorized to be transferred from the Sales and Use Tax
Capital Improvement Fund for payment thereof.
INTRODUCED April 24 ,1989
B MIKE OCCHIATO
Councilman
APPROVED:
resident of the Council
ATTEST:
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AGREEMENT FOR PROFESSIONAL ENGINE SERVICES
THIS AGREEMENT made and entered this 24th day of April ,
1989 by and between the City of Pueblo, a Municipal Corporation
(hereinafter "Owner ") and CH2M HILL ,
a professional engineering firm (hereinafter "Engineer ") for
Engineer to render certain profess ionaleng i nee ring and related
services for Owner in connection with Pueblo Memorial Airport In-
dustrial Park Sanitary Sewer Pumping System and Pipeline ,
hereinafter referred to as the "Project." In consideration of the
mutual covenants hereinafter set forth, the parties agree as
follows:
SECTION 1. GENERAL
1.1 Engineer shall satisfactorily perform professional engi-
neering services for all phases of Project indicated below by mark
placed in the appropriate box or boxes:
[ - Study and Report Phase
[X] - Preliminary Design Phase
[T] - Final Design Phase including preparation of Bid Docu-
ments
[�] - Construction Phase
Such services shall include all usual and customary professional
engineering consultation and advice and the furnishing of custom-
ary and usual civil, structural, mechanical and electrical engi-
neering services. Engineer shall also provide any architectural,
landscape architectural and surveying services incident to its
work on the Project.
1.2 In performing the professional services, Engineer shall
complete the work items described generally in Appendix A - Scope
of Services and the items identified in Section 2 of this Agree-
ment which are applicable to each phase for which Engineer is to
render professional services.
1.3 Professional engineering services shall be performed
under the direction and supervision of a registered Professional
Engineer in good standing and duly licensed to practice in the
State of Colorado. All reproductions of drawings produced under
this Agreement shall be the same as at least one record set which
shall be furnished to Owner and which shall be signed by and bear
the seal of said Professional Engineer.
1.4 Surveying work included within or reasonably contem-
plated by this Agreement shall be performed under the direction
and supervision of a registered Professional Land Surveyor in good
standing and duly licensed to practice in the State of Colorado.
All plats and surveys produced under this Agreement shall be
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signed by and bear the seal of said Professional Land Surveyor.
SEC TION 2. ENGINEER SERVICES
2.1 Study Report Phase_. If Engineer is to provide profes-
sional services with respect to the Project during the Study and
Report Phase, Engineer shall:
(a) Consult with Owner to determine his requirements
for the Project and review available data.
(b) Advise Owner as to the necessity of his providing
or obtaining from others data or services of the types described
in paragraph F and assist Owner in obtaining any such
services.
(c) Provide special analyses of Owner's needs, planning
surveys, site evaluations and comparative studies of prospective
sites and solutions.
(d) Identify and analyze requirements of governmental
authorities and regulatory agencies involved in approval or
permitting any aspect of Project.
(e) Provide general economic analysis of Owner's
requirements applicable to various alternatives.
(f) Prepare a Report with appropriate exhibits indicat-
ing clearly the considerations involved and the alternative
solutions available to Owner, and setting forth Engineer's
findings and recommendations with opinions of probable costs.
(g) Furnish copies of the Report and present and
review it in person with Owner.
2.2 Preliminary Design Phase. If Engineer is to provide
professional services with respect to the Project during the
Preliminary Design Phase, Engineer shall:
(a) Consult with Owner and determine the general design
concept and Project requirements based upon information furnished
by Owner as well as any study Report on the Project.
(b) Prepare and submit to Owner preliminary design
documents consisting of final design criteria, preliminary draw-
ings, an outline of specifications, and written descriptions of
all significant features of Project.
(c) Prepare and submit to Owner a requirements check-
list of any subsurface investigation, additional data, permits, or
other information and requirements which is anticipated will be
necessary for the design or construction of Project.
(d) Provide written disclosure to Owner of significant
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design assumptions and design risks inherent in or presented by
design alternatives, and make recommendations to Owner based
thereon.
(e) Prepare and submit to Owner a preliminary cost
estimate for the Project including construction cost, contin-
gencies, professional compensation, consultant fees, costs of land
and rights of way, compensation for damages and finance costs, if
any.
(f) Engineer shall furnish 5 copies of each above
referenced submittal document to Owner for Owner's use, and shall
review same in person with Owner.
2.3 Final Design and Bidding Phase. If Engineer is to
provide professional services with respect to the project during
the Final Design Phase, Engineer shall:
(a) After consultation with the Owner, receipt of
Owner's selection of any design options and review of the Prelimi-
nary Design Documents, if any, prepare and submit to Owner final
Drawings showing the scope, extent and character of the work to be
performed by contractors, and Specifications describing such work
and the requirements therefor. Such plans and Specifications
shall comply with applicable building codes and requirements of
regulatory agencies having any approval authority.
(b) Make reasonable revisions to the Drawings and
Specifications requested by Owner.
(c) Provide technical criteria, written descriptions
and design data for Owner's use, and disclose any significant
design risks inherent in or presented by design choices.
(d) Based upon Engineer's best professional judgment,
prepare and submit to Owner a current detailed cost estimate for
the Project including construction cost, contingencies,
professional compensation, consultant fees, land and right of way
costs, damages and finance costs, if any.
(e) Prepare and submit to Owner draft forms of contract
agreement, general and special conditions, bid forms, invitations
to bid, information for bidders, forms of warranty and including
any special requirements imposed upon such contracts by any
federal or other funding source and by any regulatory agency. In
preparing such draft forms, Engineer shall consider and incorpor-
ate, to the extent both advisable and feasible, Owner's standard
forms of agreement, warranty, general conditions and selected
specifications.
(f) After review and comment by Owner, prepare and
submit final forms of contract agreement, general and special
conditions, bid forms, invitations to bid, information for
bidders, and forms of warranty, together with any Addenda which
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may be required or appropriate to correct errors, clarify Drawings
or Specifications or advise of changes. 10 ( #) Copies of
these final bid documents shall be furnished to Owner.
(g) Make recommendations to Owner concerning the need
for prequalification of equipment, vendors or bidders, and, if
requested by Owner, incorporate prequalification requirements in
final bid and construction contract documents.
(h) Consult with and make recommendations to Owner
concerning: acceptability of bidders, subcontractors, suppliers,
materials, equipment, suitability of proposed "or equals ", amount
of bids and any other matter involved in consideration and review
of bids and bidders upon which Owner may reasonably request
Engineer's advice.
2.4 Construction Phase. If Engineer is to provide profes-
sional services with respect to the Project during the Construc-
tion Phase, after award by the Owner of a general contract for
construction of the Project, Engineer shall:
(a) Perform all duties and functions to be performed by
Engineer under the terms of the construction contract.
(b) Visit the Project site, perform observations as to
the progress and quality of the work and advise the Owner as to
same. The frequency and level of observation shall be commensu-
rate with the nature of the work and size of the Project, except
that any specific provisions set forth in Appendix A - Scope of
Services concerning the level of observation shall determine
Engineer's obligation concerning level of observation.
(c) Make determinations as to whether the work is
proceeding in accordance and compliance with the construction
contract documents.
(d) Promptly advise the Owner in writing of any omis-
sions, substitutions, defects or deficiencies noted in the work of
any contractor, subcontractor, supplier or vendor on the Project.
(e) Reject any work on the Project that does not con-
form to the contract documents.
(f) On request of the Owner, the construction contrac-
tor or any subcontractor on the Project, issue written interpreta-
tions as to the Drawings and Specifications and requirements of
the construction work.
(g) Review shop drawings, samples, product data and
other submittals of the contractor for conformance with the design
concept of Project and compliance with the Drawings, Specifica-
tions and all other contract documents, and indicate to Contractor
and Owner with respect thereto, any exceptions noted, or modifica-
tions or resubmittals required.
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(h) Review all applications of contractor for payment
and in connection with same, issue certificates for payment to the
Owner for such amounts as are properly payable under the terms of
the construction contract. Each such certificate shall constitute
Engineer's representation to Owner that he has inspected the
Project and that to the best of his knowledge, the work for which
payment has been sought has been completed by contractor in
accordance with the Drawings, Specifications and other contract
documents.
(i) Subject to written concurrence by Owner, render a
written recommendation to Owner concerning all proposed
substitutions of material and equipment.
(j) Draft, for Owner's consideration, and offer recom-
mendations upon, all proposed change orders and contract modifica-
tions.
(k) On application for final payment by the contractor,
make a final inspection of the Project, assembling and delivering
to the Owner any written guaranties, instruction manuals, as -built
drawings, diagrams and charts required by the contract documents,
and issuing a certificate of final completion of the Project.
(1) The Engineer shall if so provided in the construc-
tion contract, be the interpreter of the construction documents
and arbiter of claims and disputes thereunder. Upon written
request of the Owner or contractor, the Engineer shall promptly
make written interpretations of the contract documents and render
written decisions on all claims, disputes and other matters
relating to the execution or progress of the work on the Project.
The interpretations and decisions of the Engineer shall be final
and binding on the contractor and Owner, unless the Director of
Public Works of the Owner shall, within seven calendar days after
receipt of the Engineer's interpretation or decision, file his
written objections thereto with the Engineer and contractor.
(m) Record drawings will be prepared, in part, on the
basis of information supplied by others and may not always
represent the exact location, type of various components, or exact
manner in which the Project was finally constructed. The Engineer
is not responsible for any errors or omissions in the information
supplied by others which is incorporated into the record drawings.
2.5 Additional Responsibilities This paragraph applies to
all phases of Engineer's work.
(a) Engineer shall be responsible for the professional
quality, technical accuracy, timely completion and coordination of
all of Engineer's work, including that performed by Engineer's
consultants, and including designs, Drawings, Specifications,
reports and other services, irrespective of Owner's approval or
acquiescence in same. Engineer shall, without additional compen-
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sation, correct or revise any errors, omissions or other deficien-
cies in his work.
(b) Engineer shall be responsible, in accordance with
applicable law, to Owner for all loss or damage to Owner caused by
Engineer's negligent act or omission; except that Engineer hereby
irrevocably waives and excuses Owner and its attorneys from com-
pliance with any requirement to obtain a certificate of review as
a condition precedent to commencement of an action, including any
such requirements set forth in Section 13 -20 -602, C.R.S. or
similar statute.
(c) Engineer's professional responsibility shall comply
with the standard of care applicable to the type of engineering
services provided, commensurate with the size, scope and nature of
the Project.
(d) Engineer shall be completely responsible for the
safety of Engineer's employees in the execution of work under this
Agreement, shall provide all necessary safety equipment for said
employees, and shall hold harmless and indemnify and defend Owner
from any and all claims, suits, loss or injury to Engineer's
employees irrespective of whether such injury or loss was in whole
or in part caused or contributed to by Owner or Owner's agents or
employees.
(e) Engineer shall designate in writing a Project
representative who shall have authority to bind Engineer, and to
whom Owner should address communications. Before commencing work,
Engineer shall identify to the Owner the employees Engineer
intends to assign principal responsibility for services performed
under the Agreement. Thereafter, Engineer shall not assign
Project work to any person to whom Owner has reasonable objection.
(f) Promptly after execution of this Agreement and upon
receipt of authorization from Owner to proceed, Engineer shall
submit to Owner for approval a schedule showing the order in which
Engineer proposes to accomplish his work, with dates on which he
will commence and complete each major work item. The schedule
shall provide for performance of the work in a timely manner so as
to not delay Owner's time table for achievement of interim tasks
and final completion of Project work.
(g) Before undertaking any work which Engineer con-
siders beyond or in addition to the scope of work and services
which Engineer has contractually agreed to perform under the terms
of this Agreement, Enginner shall advise Owner in writing (i) that
Engineer considers the work beyond the scope of this Agreement,
(ii) the reasons the Engineer believes the out of scope or addi-
tional work should be performed, and (iii) a reasonable estimate
of the cost of such work. Engineer shall not proceed with such
out of scope or additional work until authorized in writing by
Owner. The compensation for such authorized work shall be
negotiated, but in the event the parties fail to negotiate or are
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unable to agree as to compensation, then Engineer shall be
compensated for his direct costs and professional time at the
rates set forth in Appendix B - "Fee Schedule ".
(h) In soils, foundation, groundwater, and other
subsurface investigations, the actual characteristics may vary
significantly between successive test points and sample intervals
and at locations other than where observations, explorations, and
investigations have been made. Owner recognizes that because of
inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect
total Project cost and /or execution.
SECTION 3. OWNER'S RESPONSIBILITIES
3.1 Owner shall:
(a) Designate a representative to whom all communica-
tions from Engineer shall be directed and who shall have limited
administrative authority on behalf of Owner to receive and trans-
mit information and make decisions with respect to Project. Said
representative shall not, however, have authority to bind Owner as
to matters of legislative or fiscal policy, nor to contract addit-
ions or obligations exceeding a value which is the lesser of
$10,000 or 5% of an awarded contract price.
(b) Advise Engineer of Owner's Project requirements
including: objective, project criteria, use and performance
requirements, special considerations, physical limitations,
financial constraints, required construction contract provisions
and standards, and siting considerations.
(c) Provide Engineer with available information
pertinent to the Project including any previous reports, studies
or data possessed by Owner which relates to design or construction
of the Project.
(d) Assist in arranging for Engineer to have access to
enter private and public property as required for Engineer to
perform his services.
(e) Examine all studies, reports, sketches, Drawings,
Specifications, proposals and other documents presented by
Engineer, and render in writing decisions pertaining thereto
within a reasonable time. The Owner's approval of Drawings,
design, Specifications, reports and incidental engineering work or
materials furnished hereunder shall not in any way relieve the
Engineer of responsibility for the professional adequacy of his
work. The Owner's review, approval or acceptance of, or payment
for, any of the services shall not be construed to operate as a
waiver of any rights under this Agreement or of any cause of
action arising out of the performance of this Agreement.
(f) Upon advice of the necessity to do so from
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Engineer, obtain required approvals and permits for the Project.
(g) Notify Engineer whenever Owner becomes aware of any
substantial development or occurrence which materially affects the
scope or timing of Engineer's services.
(h) Owner shall perform its obligations and render
decisions within a reasonable time under the presented circum-
stances. However, given the nature of Owner's internal organiza-
tion and requirements, a period of 14 days shall be presumed
reasonable for any decision not involving policy decision or
significant financial impact. A period of 45 days shall be
presumed reasonable for Owner to act with respect to any matter
involving policy or significant financial impact.
(i) Owner shall be responsible for the safety of
Owner's employees on the Project site during construction phase
and shall hold Engineer harmless and indemnify Engineer from any
and all injury to Owner's employees occurring on the Project site
during the construction phase.
(j) Owner shall include a provision in all construction
contracts providing for the Contractor to indemnify Engineer to
the same extent as the Contractor is required to indemnify the
Owner.
SECTION 4. TIME FOR PERFO
Engineer's obligation to render services shall continue for
such period of time as may reasonably be required for completion
of the work contemplated in Appendix A - Scope of Services and
Section 1 of this Agreement.
SECTION 5. PAYMENT
5.1 Owner will pay to Engineer as full compensation for all
services required to be performed by Engineer under this Agree-
ment, except for services for additional work or work beyond the
scope of this Agreement, a maximum amount not to exceed $ 6,80( -2_
to be computed in accordance with this Section and Appendix B -
"Fee Schedule ".
5.2 Engineer shall submit periodic, but not more frequently
than monthly, applications for payment, aggregating to not more
than the maximum amount, for actual professional services rendered
and reimburseable expenses incurred. Such applications shall be
submitted with appropriate documentation that such services have
been performed and expenses incurred. Thereafter, Owner shall pay
Engineer for the amount of the application within 40 days of the
date of billing, provided that sufficient documentation has been
furnished, and further provided that Owner will not be required to
pay more than 75% of the maximum amount unless the Engineer's
services on the Project phases for which this Agreement is appli-
cable have been satisfactorily completed and all required Engineer
submittals have been provided.
5.3 The rates of compensation for service and for reimburse -
able expenses to be used with periodic and final payment applica-
tions shall be those set forth in Appendix B - "Fee Schedule ".
5.4 No separate or additional payment shall be made for
profit, overhead, local telephone expenses, lodging, routine
photocopying, secretarial or clerical time or similar expenses
unless otherwise provided and listed in Appendix B - "Fee
Schedule ".
5.5 No compensation shall be paid to Engineer for services
required and expenditures incurred in correcting Engineer's
mistakes or negligence.
5.6 Compensation for authorized work beyond the scope of
this Agreement shall be governed by Paragraph 2. 5 (,f') (t-
SECTION 6. TERMINATION
6.1 The Owner reserves the right to terminate this Agreement
and Engineer's performance hereunder, at any time upon written
notice, either for cause or for convenience. Upon such termina-
tion, Engineer shall cease all work and stop incurring expenses,
and shall promptly deliver to the Owner all data, Drawings,
Specifications, reports, estimates, calculations, summaries and
all other information, and materials as Engineer may have accumu-
lated in performing this Agreement, together with all finished
work and work in progress.
6.2 Upon termination of this Agreement for events or reasons
not the fault of Engineer, Engineer shall be paid at the rates
specified in Appendix B - "Fee Schedule" for all services rendered
and reasonable costs incurred to date of termination; together
with any reasonable costs incurred within 10 days of termination
provided such latter costs could not be avoided or were incurred
in mitigating loss or expenses to Owner or Engineer.
6.3 In the event termination of this Agreement or Engineer's
services is for breach of this Agreement by Engineer, or for other
fault of Engineer including but not limited to any failure to
timely proceed with work, or to pay its employees and consultants,
or to perform work according to the highest professional stan-
dards, or to perform work in a manner deemed unsatisfactory by
Owner's Director of Public Works, then in that event, Engineer's
entire right to compensation shall be limited to the lesser of (a)
the reasonable value of completed work to the Owner as determined
by Owner's Director of Public Works or (b) 75% of the rates speci-
fied in Appendix "B" for services satisfactorily performed and
reimbursable expenses reasonably incurred, prior to date of
termination.
6.4 Engineer's professional responsibility for his completed
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work and services shall survive any termination.
SECTION 7. GENERAL PROVISIONS
7.1 Ownership of Documents. All designs, Drawings, Speci-
fications, technical data, and other documents or instruments
procured or produced by the Engineer in the performance of this
Agreement shall be the sole property of the Owner and the Owner is
vested with all rights therein of whatever kind and however
created, whether created by common law, statutory law, or by
equity. The Engineer agrees that the Owner shall have access at
all reasonable times to inspect and make copies of all notes,
designs, drawings, specifications, and all other technical data
pertaining to the work to be performed under this Agreement. In
the event Owner uses the designs, Drawings or Specifications
provided hereunder for another project independent from Project,
without adaptation by Engineer, Owner shall hold harmless and
indemnify Engineer from all loss, claims, injury and judgments
arising from the use of such designs, Drawings or Specifications
for such other project.
7.2 Insurance and Indemnity
(a) Engineer agrees that he has procured and will main-
tain during the term of this Agreement, such insurance as will
protect him from claims under workmen's compensation acts, claims
for damages because of bodily injury including personal injury,
sickness or disease or death of any of his employees or of any
person other than his employees, and from claims or damages
because of injury to or destruction of property including loss of
use resulting therefrom; and such insurance will provide for
coverage in such amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Engineer shall
obtain and keep in force is as follows:
(i) Workmen's Compensation Insurance complying
with statutory requirements in Colorado and in any other
state or states where the work is performed.
(ii) Comprehensive General and Automobile Liability
Insurance with limits not less than Five Hundred Thousand and
No /100 Dollars ($500,000.00) per person and occurrence for
personal injury, including but not limited to death and
bodily injury, Five Hundred Thousand and No /100 Dollars
($500,000.00) per occurrence for property damage, and Two
Million and No /100 Dollars ($2,000,000.00) for excess
umbrella liability.
(iii) Professional Liability Insurance in amounts
and form, and with a deductible, acceptable to Owner.
(c) Engineer agrees to hold harmless, defend and
indemnify Owner from and against any liability to third parties,
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arising out of negligent acts, errors or omissions of Engineer or
his employees.
7.3 Notices. Any and all notices or other communications
required or permitted by this Agreement or by law to be served on
or given to either the Owner or the Engineer by the other party
shall be in writing and shall be deemed duly served and given when
personally delivered to the party to whom it is directed, or in
lieu of such personal services when deposited in the United States
mail, first -class postage prepaid, addressed to the Owner,
Attention: Tom Cvar , Department of Public Works, 211 E. AAA
"D" Street, { Z_250 2 1
P Colorado, or to the Engineer at CA CA r\ Way , �-
Either party may change his address for the purpose of this para-
graph by giving written notice of such change to the other party
in the manner provided in this paragraph.
7.4 Entire Agreement. This instrument contains the entire
agreement between the Owner and the Engineer respecting the
project, and any other written or oral agreement or representation
respecting the Project or the duties of either the Owner of the
Engineer in relation thereto not expressly set forth in this
instrument is null and void.
7.5 Successors and Assigns This Agreement shall be binding
on the parties hereto and on their partners, heirs, executors,
administrators, successors, and assigns. Provided, however,
neither this Agreement, nor any part thereof, nor any moneys due
or to become due hereunder to the Engineer may be assigned by him
without the written consent of the Owner.
7.6 Amendments. No amendment to this Agreement shall be
made nor be enforceable unless made by written Amendment signed by
an authorized representative of Engineer and by Owner's Director
of Public Works.
7.7 Choice of Law. This Agreement shall be governed and
interpreted in accordance with the laws of the State of Colorado.
7.8 Equal Employment Opportunity. In connection with the
performance of this Agreement, Engineer shall not discriminate
against any employee or applicant for employment because of race,
color, religion, sex, national origin, handicap or age. Engineer
shall endeavor to insure that applicants are employed, and that
employees are treated during employment without regard to their
race, color, religion, sex, national origin, handicap or age.
7.9 Severability If any provision of this Agreement,
except for Section 2.5, is determined to be directly contrary to
and prohibited by law or the requirements of any federal grant or
other Project funding source, then such provision shall be deemed
void and the remainder of the Agreement enforced. However, it is
the intent of the parties that Section 2.5 of this Agreement not
be severable, and that if any provision of said section be deter-
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mined to be contrary to law or the terms of any federal grant,
then this entire Agreement shall be void.
SECTION 8. DISPUTES
8.1 Any dispute or disagreement between Engineer and Owner
arising from or relating to this Agreement or Engineer's services
or right to payment hereunder shall be determined and decided by
the Owner's Director of Public Works whose written decision shall
be final and binding unless judicial review is sought in a
Colorado Court of competent jurisdiction pursuant to Rule 106,
C.R.C.P.
8.2 Pending resolution of any dispute or disagreement, or
judicial review, Engineer shall proceed diligently with perform-
ance of his work under this Agreement.
SECTION 9. APPENDICES
9.1 The following Appendices are attached to and made a part
of this Agreement:
Appendix A - "Scope of Services" consisting of 7 pages
Appendix B - "Fee Schedule" consisting of 2 pages.
IN WITNESS WHEREOF the parties hereto have made and executed
this Agreement as of the day and year first above written.
CITY OF PUEBLO ENGINEER
By By `nA
Ti e: 13E51VF/vT OP-�- TNf et / Title:
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Appendix A
SCOPE OF SERVICES
This Scope of Services defines specific professional engineer-
ing services related to the design of multiple pump stations
and force mains necessary to transmit sewage from the Pueblo
Airport Industrial Park to the City's main wastewater treat-
ment plant. This project is described in greater detail in
the Supplement to Pueblo Airport Industrial Park Wastewater
Treatment Plan Preliminary Engineering Study prepared for
the City of Pueblo in February 1989. It is presently antic-
ipated that the project will consist of three lift stations,
three segments of force main, and four segments of gravity
sewer totalling approximately 26,000 linear feet. The exact
number of lift stations and location of the pipeline will be
determined during the preliminary design phase. Specific
services to be provided are as follows:
BASIC DESIGN SERVICES
PRELIMINARY DESIGN
Provide a preliminary design to define the scope and character
of the facilities to be constructed to implement the recommen-
dations of the preliminary engineering study. Specific tasks
to be included in this preliminary design are as follows:
1. Prepare and submit five copies of technical memoranda
(TM) on the following topics:
o System design criteria, including pipeline
materials and configuration,.pump type and
configuration, HVAC, plumbing and electrical
criteria
o Odor and internal corrosion of pipelines
o Major equipment selection
o System control and operation
o Civil, structural, and architectural criteria
o External corrosion and material selection
2. Meet with OWNER one time to review TMs
3. Conduct preliminary route selection, including the
following:
o Preliminary route survey
DEN /700T/029 A -1
o Preliminary right -of -way (ROW) evaluation
o Meet with OWNER, Colorado Department of Highways
(CDOH) and affected railroads (RR) one time each
to discuss preliminary route selection
o Summary memo and maps (submit five copies)
4. Coordinate and furnish personnel and equipment for test
borings, subsurface exploration, and other foundation
related investigations which are customary for this
type of work and which may be required for design of
the project.
5. Prepare opinion of construction cost for facilities
defined which are customary predesign level of effort
based on professional engineering judgement.
6. Prepare summary, assemble TMs and route selection mate-
rial into draft Preliminary Design Report. Submit five
copies to OWNER to review. Meet with OWNER to discuss
and resolve comments. Prepare final draft Preliminary
Design Report and submit five copies for use in review
by affected agencies.
7. Prepare Site Application for facilities defined, and
meet with Department of Health personnel relative to
the application.
8. Finalize Preliminary Design Report and deliver 10 copies
to OWNER.
FINAL DESIGN
For the design described in the Preliminary Design Report,
prepare Contract Documents consisting of drawings, specifi-
cations, and other documents including proposal forms, notice
to bidders, general and special conditions, and bond forms
as customarily made available for bidding and construction
of this type of project. As part of the final design,
include the following specific services.
1. Coordinate and furnish survey and mapping and /or photo -
grammetric personnel and equipment required to obtain
field information necessary to prepare drawings and
specifications for the project.
2. Provide general information in regard to the project
and consult with the OWNER, or those designated by the
OWNER to review necessary agreements drafted by the
ENGINEER, such as those for bidding and construction
documents, and other items which involve OWNER policy,
legal precedent or current practice. Such review by
DEN /700T/029 A -2
the OWNER shall specifically include requirements for
project insurance, bonds, liquidated damages, and pay-
ment provisions.
3. Provide five copies of drawings and specifications for
review by the OWNER at approximately the 40 percent and
90 percent completion status of the final design prepara-
tion.
Meet with the OWNER'S staff at these times to review
progress, and receive and resolve OWNER comments on the
design.
4. Meet with representatives of the Colorado Department of
Health, Colorado Department of Highways, and affected
railroads one time each to discuss issues affecting the
design of the project.
5. Prepare an opinion of construction cost based on the
drawings and specifications at approximately the mid-
point of the design. Update this cost opinion upon
completion of the Contract Documents to reflect changes
in the design which occurred after preparation of the
first cost opinion. In providing opinions of cost,
financial analyses, economic feasibility projections,
and schedules for the Project, the Engineer has no con-
trol over cost of price of labor and materials; unknown
or latent conditions of existing equipment or structures
that may affect operation or maintenance costs; compet-
itive bidding procedures and market conditions; time or
quality of performance by third parties; quality, type,
management, or direction of operating personnel; and
other economic and operational factors that may mate-
rially affect the ultimate Project cost or schedule.
Therefore, the Engineer makes no warranty that the
Owner's acutal Project costs, financial aspects, eco-
nomic feasibility, or schedules will not vary from the
Engineer's opinions, analyses, projections, or estimates.
6. Provide the OWNER with 10 copies of the final Contract
Documents, and camera -ready reproducible versions of
the Contract Documents. Provide information regarding
the design, and assist the OWNER in submitting the Con-
tract Documents for appropriate regulatory agency
reviews.
ADDITIONAL DESIGN SERVICES
1. At the request of the OWNER, meet with the OWNER, Colo-
rado Department of Highways, affected railroads, and
other parties as required to obtain rights -of -way,, per-
mits and project information.
DEN /700T/029 A -3
2. Prepare legal descriptions of property as required for
obtainment of easements, rights -of -way, crossing per-
mits, and similar items. Submission or application of
agreements or permits and any fees or similar payments
shall be the responsibility of the Owner.
3. At the request of the OWNER, and as mutually agreed by
the ENGINEER, provide other design - related services.
ENGINEERING SERVICES DURING CONSTRUCTION
This scope of work does not include resident observation
services that the ENGINEER usally provides on similar proj-
ects. ENGINEER shall not be required to make exhaustive or
continuous on -site inspections to check the quality or
quantity of such work. ENGINEER shall not be responsible
for the means, methods, techniques, sequences or procedures
of construction selected by contractors or the safety pre-
cautions and programs incident to the work of Contractors.
ENGINEER's efforts will be directed toward providing a
greater degree of confidence for OWNER that the completed
work of contractors will generally conform to the Contract
Documents, but ENGINEER shall not be responsible for the
failure of contractors to perform the work in accordance
with the Contract Documents. During such visits and on the
basis of on -site observations, ENGINEER shall keep OWNER
informed of the progress of the work, shall endeavor to
guard OWNER against defects and deficiencies in such work
and may disapprove or reject work failing to conform to the
Contract Documents.
OWNER and its resident observers will give prompt written
notice to the ENGINEER whenever they become aware of any
actual or suspected defect in the work of th ENGINEER so
that the ENGINEER will have the maximum opportunity to miti-
gate any damages from such defect.
1. Print 100 sets of specifications and half -scale drawings
for the PROJECT. Distribute to potential bidders, plan
rooms and regulatory agencies. Prepare, print, and
distribute addenda, prebid meeting minutes and other
bid clarifications as are customarily distributed to
bidders.
2. Respond to questions from bidders, interpret Contract
Documents and prepare addenda as needed to modify or
clarify the Contract Documents.
3. Attend and conduct one prebid meeting.
4. Attend bid opening. Assist in receiving, tabulating,
and evaluating bids. Assist in recommending award.
DEN /700T/029 A -4
5. Provide technical interpretations of Contract Documents
during construction and evaluate requested deviations
from the original design. Review required contractor
submittals for conformance with the design intent infor-
mation given in the Contract Documents. Such review is
not intended as an approval of the submittals if they
deviate from the Contract Documents or contain errors,
omissions, and inconsistencies, nor is it intended to
relive the Contractor of his full responsibility for
Contract performance, nor is the review intended to
ensure or guarantee lack of inconsistencies, errors,
and /or omissions between the submittals and the Con-
tract requirements.
6. Review proposed change orders to determine compliance
with the design intent of the PROJECT. Provide draw-
ings specifications and time and cost estimates to
assist in change order preparation and evaluation.
7. Attend a preconstruction meeting and make periodic site
visits approximately twice per month to observe the
work progress and quality to determine, in general, if
the work is proceeding in accordance with the intent of
the Contract Documents. Provide observation of the
start of specific construction activities such as the
start of pipe laying, tunneling, and concrete pouring
to provide Owner with reasonable assurance that project
is being constructed in accordance with the intent of
the Contract Documents.
8. Visit the site before construction to assist the City's
construction inspector in setting up project forms,
procedures, and files related to inspector duties,
including the following:
o Day -to- day observation of construction work,
rejecting work not in accordance with the
Contract Documents and resolving issues
related to Contract Document intent and com-
pliance with same
o Preparing recommendations for and processing
periodic progress payments
o Maintaining information for use in preparing
record drawings
o Establishing base lines and benchmarks for
facility layout and field checking contractor's
layout before construction
o Receiving, tracking, and expediting submittals
DEN /700T/029 A -5
o Coordinating testing and reviewing results of
testing and inspections required by the Con-
tract Documents
o Negotiating and assisting in issuing change
orders
o Conducting and documenting weekly progress
and coordination meetings
Meet with the City's inspector periodically during con-
struction or at times requested by the OWNER to assist
in these items or in specific construction issues.
9. Assist the city inspector in field testing of major
equipment items and operating systems to verify capac-
ities and operating characteristics in conformance with
the intent of the Contract Documents.
Assist operating staff in the initial operation of major
equipment items and major operating systems to verify
compliance with the intent of the Contract Documents.
10. Make a final review of the Construction to determine,
in general, if the Work has been completed in confor-
mance with the intent of the Contract Documents and
submit a final letter report.
11. Prepare and deliver upon completion of the project one
set of mylar reproducible drawings revised into record
drawings, based on information provided by field staff,
contractors, suppliers, and other others. Also provide
one blueline set of the record drawings.
12. Provide five copies of an operations manual for the
project and ancillary facilities; the normal, abnormal,
and emergency modes of operation; and startup and shut-
down procedures. The manual will contain verbal descrip-
tions, clarified by schematic drawings, construction
drawings, or detailed figures as appropriate. Receive
from the Contractor, review, and provide to the OWNER
three copies of manufacturers' maintenance instructions.
Include in these manuals lubricant recommendations;
lubrication instructions and schedules; service and
adjustment procedures, recommendations, and schedules;
power and utility requirements and connection points;
spare parts lists; lists of suppliers; and descriptive
catalog information.
13. Provide 3 man -days for training assistance for the
instruction of city staff in the operation, maintenance,
and testing of the facilities. Training will include
startup, shutdown, emergency, and normal operating pro-
DEN /700T/029 A -6
cedures. In addition to the
by CH2M HILL, arrange for an
of qualified representatives
turers to assist in training
and maintenance of specific
3 days of training provided
d coordinate the services
from equipment manufac-
city staff in operation
equipment items.
DEN /700T/029 A -7
Appendix B
FEE SCHEDULE
Compensation by the OWNER to the ENGINEER for professional
engineering services related to the Airport Industrial Park
(AIP) wastewater management system will be as follows:
COST REIMBURSABLE- MULTIPLIER (TIME AND EXPENSE)
For services enumerated in Appendix A- -Scope of Services,
the ENGINEER's Salary Costs multiplied by a factor of 2.17,
plus Direct Expenses.
UPPER LIMIT
The upper limits for time and expense charges are hereby
established:
Work Phase
Basic Design Services
Additional Design Services
Services During Construction
Total Upper Limit Amount
Upper Limit
$221,100
20,000
85,700
$326,800
The total upper limit amount shall not be exceeded without
written authorization from the OWNER. Where mutually
agreeable, the upper limit may be adjusted if changes in the
Scope of Services occur.
SALARY COSTS
Salary Costs are the amount of wages or salaries paid ENGI-
NEER's employees for work directly performed on the PROJECT
plus a percentage applied to all such wages or salaries to
cover all payroll- related taxes, payments, premiums, and
benefits.
DIRECT EXPENSES
Direct Expenses are those costs incurred on or directly for
the PROJECT including, but not limited to, necessary trans-
portation costs, including current rates for ENGINEER's
vehicles; meals and lodging; laboratory tests and analyses;
computer serves; word processing services; telephone, print-
ing, binding and reproduction charges; all costs associated
DEN /40X/087 B -1
with outside services and facilities; and other similar costs.
Reimbursement for Direct Expenses will on the basis of actual
charges when furnished by commercial sources and on the basis
of current rates when furnished by ENGINEER.
DEN /40X/087 B -2
CH2M HILL, INC.
I, ELIZABETH A. McADAMS, Assistant Corporate Secretary of
CH2M HILL, INC., being first duly sworn, do hereby certify that
the following is a true copy of a Resolution adopted by the Board
of Directors of CH2M HILL, INC. at its meeting on June 18, 1988:
BE IT RESOLVED that the authority to execute, on behalf
of this corporation, or any of its affiliates or sub-
sidiaries, agreements pertaining to performing services
for clients is hereby granted by this Board of Direc-
tors to all designated officers of the corporation,
District Managers, Regional and Area Office Managers,
Division and Department Managers, Discipline and Assis-
tant Discipline Directors, Discipline and Assistant
Discipline Group Directors.
BE IT FURTHER RESOLVED that the President or Executive
Vice President may, from time to time, authorize indi-
vidual employees of the corporation, or any of its af-
filiates or subsidiaries, to execute agreements per-
taining to performing services for clients. Provided,
however, that such authorization is in writing author-
izing the individual by name and title to execute
agreements.
I hereby further certify that SCOTT B. AHLSTROM is a
Division Manager of CH2M HILL CENTRAL, INC., a wholly owned
subsidiary of CH2M HILL, INC., and in accordance with the above
Resolution, is authorized to sign contracts.
Elizabeth A. McAdams
Assistant Corporate Secretary
County_ of Arapahoe
Statte of Colorado
SUBSCRIBED AND SWORN to before me this lm_ of ,
1989.
Virgi is F. Mares
My Commission expires: b a-p( 9 L
r008/2