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HomeMy WebLinkAbout6958RESOLUTION NO. 6958 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND ENGINEER- ING DYNAMICS INC., ENGLEWOOD, COLORADO, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, proposals for a Noise Impact Assessment Study for the proposed Pueblo Transit Plaza Bus Transfer Facility for the Pueblo Transportation Company have been received and examined; and WHEREAS, a Noise Impact Analysis is required by the Federal Transit Administration as per Circular 5620.1 to determine the effects on existing and projected facilities prior to site selection; and WHEREAS, the proposal of Engineering Dynamics Inc. 3925 S. Kalamath Street, Englewood, Colorado, was the lowest of those bids determined to be the most responsive; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. A Contract for Noise Impact Analysis be, and the same is hereby awarded to said bidder in the amount of $2612. The awarding of this Contract for the project set forth herein shall be subject to the approval of the U.S. Department of Transportation through the Federal Transit Administration, and proper execution of all required contract documents. SECTION 2. The President of the City Council is hereby authorized to execute said Agreement on behalf of Pueblo, a Municipal Corporation and the City Clerk shall affix the Seal of the City thereto and attest the same. SECTION 3. Funds for said project shall be paid from account number 001 -0160- 165- 000 - 030 -0020. INTRODUCED July 13 1992 By HOWARD WHITLOCK Councilperson APPROVED: Pres i dint of the Council ATTEST: C ty Clerk CITY OF PUEBLO DEPARTMENT OF TRANSPORTATION NOISE IMPACT ASSESSMENT STUDY DOWNTOWN BUS TRANSFER FACILITY CONTRACT FOR TECHNICAL SERVICES This contract, entered into as of this date i� 1 9 / / by and between Engineering Dynamics, Inc., hereinafter referred to as the Contractor and the City of Pueblo (City) hereinafter referred to as the UTPD. WITNESSETH THAT: Whereas, the UTPD desires to engage the Contractor to render certain technical or professional services in support of the UTPD Transportation Project, hereinafter described in Section 1 of this Contract and Exhibit A: Project Description and Scope of Work. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. Emplovment of Contractor The UTPD hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth in Section 1 of this Contract and in Exhibit A: Protect Description and Scope of Work. 2. Purpose The purpose of this Project will be to perform a Noise Impact Assessment Study of the proposed Pueblo Transit Plaza Bus Transfer Facility. The UTPD has currently identified Five (5) locations as potential site alternatives and as per Federal Transit Administration (FTA) circular 5620.1 the UTPD will engage with the Contractor to determine the assessment of noise impact for alternative number one (1) "City Hall Place" option. 3. Scope of Services Tasks to be performed under this Contract are outlined in the Project Description and Scope of Work attached hereto and made a part of this Contract, hereinafter referred to as Exhibit A. The Contractor shall do, perform and carry out in a satisfactory manner, as determined by the UTPD, those services specified in Exhibit A. The UTPD will provide the necessary staff assistance for appropriate interface with the Contractor. This is limited to the initial planning and coordination process. When one of the parties of this contract recognizes that a change in the Scope of Services may be required, it shall, as soon as -1- practical, bring the matter to the attention of the other party. Any change in the nature of work or project cost shall be accomplished through a written amendment to the Scope of Services and a Cost Summary Addendum. Major changes which will result in a change in the nature of the final product shall require both the written consent of the Contractor and the written approval of the UTPD. Minor changes affecting intermediate work products or altering work methods may be accomplished through consent of both parties. Nothing in this paragraph shall alter the provisions of Section 13 and 14. 4. Products and Services The Contractor shall deliver those products and services specified in Exhibit A and, if notified by the UTPD, those products and services specified in Exhibit B. 5. Time of Performance This Contract shall become effective upon its approval by the parties hereto. The period of the Contract shall not exceed ninety (90) calendar days from the effective date. The parties may extend the Contract through mutual agreement as required. Work shall be performed under this Contract according to a written schedule proposed by the Contractor and approved by the UTPD. The Contractor indicates in the Written Project Schedule of March 24, 1992 a time frame of four (4) months. However, an initial schedule shall be prepared prior to commencement of work and may be modified from time -to -time as necessary. When one of the parties to this Contract recognizes that a change in the schedule may be required, it shall, as soon as practical bring the matter to the attention of the other party. 6. Compensation Total compensation to be paid to the Contractor for all services identified in Exhibit A shall not exceed two thousand six - hundred and twelve dollars ($2612) without a Supplemental Agreement. 7. Method of Payment The Contractor shall submit an invoice to the UTPD upon completion of the work set forth in Section 3 of this Contract. The UTPD shall pay the consultant within sixty (60) days of receipt of invoice. All costs billed to the UTPD shall be supported by adequate records and invoices documenting actual direct labor service devoted to this Project as well as receipts or other adequate documentation for nonlabor expenses incurred by the Contractor in performance of this Contract. The Contractor shall, as deemed necessary, permit the UTPD, the Federal Transit Administration, U.S. Department of -2- Transportation, and the Comptroller General of the United States, or their designated representatives, to inspect or audit all records and invoices relating to the Contractor's performance of work under this contract. 8. Subcontracting The Contractor represents that it has, or will secure, at its own expense, all personnel required in performing the services under this Contact. The Contractor shall also select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of this Contract and as per 49 CFR 18 and FTA Circular 4220.1B. 9. Inspection of Work At any time during normal business hours and as often as the UTPD may deem necessary, the Contractor shall permit the authorized representative of the UTPD, to review and inspect the progress of the project while it is being developed under the duration of this Contract. 10. Records The Contractor shall maintain accounting records and other evidence pertaining to the costs incurred pursuant to this Contract as described in OMB Circular A -102, Attachment P, and shall make the records available at its office at all reasonable times during the period of this Contract and for three years from the date of the final payment of Federal Funds to the UTPD with respect to this Contract. Such accounting records and other evidence pertaining to the costs incurred will be made available for inspection by the UTPD and copies thereof shall be furnished if requested. 11. Ownership of Data and Computer Programs All data, computer programs and other materials prepared by the Contractor in the conduct of this Contract shall be the property of the UTPD, but shall be made available to the Contractor as necessary for performance of activities specified in Section 3 of this Contract. All published material shall contain an acknowledgment recognizing the participation of the U.S. Department of Transportation, the Federal Transit Administration (FTA) and the UTPD as the joint financial sponsors of this project. 12. Publication Provisions No material produced in whole or in part under this Contract shall be subject to the copyright without written approval from the UTPD. The UTPD shall have unrestricted authority to publish, disclose, distribute and otherwise use, as well as copyright, in whole or in part, any reports, data, or other materials prepared under this contract. -3- 13. Termination of Contract for Cause If, through any cause, the Contractor should fail to fulfill in a timely and proper manner its obligations under this contract, or if the Contractor should violate any of the covenants, agreements, or stipulations of this contract, the UTPD shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, computer programs, data studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall at the option of the UTPD, become its property and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the UTPD, for damages sustained by the UTPD by virtue of any breach of the Contract by the Contractor and the UTPD may withhold any payments due to Contractor for the purpose of setoff until such time as the exact amount of damages due the UTPD from the Contractor is determined. 14. Termination for Convenience of UTPD The UTPD may terminate this Contract at any time provided that written notice is given to the Contractor of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents, computer programs (program listings and magnetic photographs), and reports or other material prepared by the Contractor under this Contract shall, at the option of the UTPD become its property, and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work completed on such documents or other materials. 15. Change The UTPD or the Contractor may, from time -to -time, request changes to this Contract. Such changes, which are mutually agreed upon by and between the UTPD and the Contractor, shall be incorporated in written amendments to this Contract. 16. Officials not to benefit No member of or delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. As per Section 1352, Title 31, United States Code: 1) "No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the -4- making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant load, or cooperative agreement." 2) "If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions." (a copy of this form is available upon request.) 17. Nonassignability The Contractor shall not assign any interest in this Contract, nor delegate the performance of any of its duties hereunder without the written consent of the UTPD. 18. Liability of Contractor A. Contractor's Liability Insurance 1. The Contractor agrees to obtain and keep in force during the term of this Contract the coverage described below relating to the work. Such insurance shall be carried with companies satisfactory to the City and licensed to do business in Colorado. Certificates evidencing such coverage shall be furnished to the City prior to commencing any work under this Contract. The City reserves the right to examine the Contractor's original insurance policies. 2. The minimum insurance coverage which the Contractor shall obtain and keep in force is as follows: a. Workers Compensation and /or employers liability insurance as required under laws applicable to the work which shall cover all Contractor's employees engaged in the work. b. Comprehensive General Liability Limits: $500,000 per occurrence for Bodily Injury $250,000 per occurrence for Property Damage or $500,000 combined Single Limits Coverage extended to: Products /completed operations Contractual Liability (to cover Hold Harmless) Broad form property damage Personal Injury C. Automobile Liability Insurance Limits: $250,000 per occurrence per person $500,000 per occurrence for bodily injury $100,000 per occurrence for property damage or $500,000 combined single limits -5- Coverage extended to: All owned automobiles All non -owned automobiles Hired automobiles B. Subcontractor's Insurance The Contractor shall be responsible for setting its own requirements, if any, for the kind and amount of insurance to be carried by its subcontractors, and for enforcing any such requirements. No delay in the work caused by the Contractor's enforcement of its subcontractor's insurance requirements shall be excusable delay hereunder. 19. Compliance with Title VI of the Civil Rights Act of 1964 During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor "), agrees as follows: a. Compliance with Regulations The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally- assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. b. Nondiscrimination The Contractor, with regard to the work performed by it after award and prior to completion of the Contract work, will not discriminate on the grounds of race, color, national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contractor covers a program set forth in Appendix B of the Regulations. C. Solicitations of Subcontractors Including Procurements of Materials and Equipment In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontractor including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. d. Information and Reports The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities to the authorized representative of the UTPD as may be determined by the UTPD to be pertinent to ascertain compliance with such Regulations, orders, and instruction. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the UTPD and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provisions of the Contract, the UTPD shall impose such Contract sanctions as it may determine to be appropriate, including but not limited to: (1) Withholding of payments to the Contractor under the Contract, until the Contractor complies, and /or (2) Cancellation, termination, or suspension of the Contract, in whole or part. f. Incorporation of provisions The Contractor will include the provisions of paragraph 19a through 19e in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations order, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract procurement as the UTPD may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the UTPD to enter into such litigation to protect the interest of the UTPD, and in addition, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. 20. Compliance Regarding Debarment, Suspension, and Other Responsibility Matters The Contractor affirms that they are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency, as per provision of 31 USC Section 3801 et. seq. 1) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 2) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and -7- 3) Have not within a three year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 21. Utilization of Disadvantaged /Women -awned Business Enterprises In connection with the performance of this Contract, the Contractor shall cooperate with the UTPD in meeting its commitments and goals with regard to the maximum utlization of disadvantaged /women -owned business enterprises and shall use its best efforts to insure that disadvantaged /women -owned business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this Contract. It is the policy of the UTPD that disadvantaged /women -owned business enterprises shall have the maximum practicable opportunity to participate in UTPD contracts. In order to insure that a fair proportion of the purchases and contracts for supplies and services for the UTPD is placed with disadvantaged /women -owned business enterprises, the Contractor agrees to take affirmative action to the fullest extent practicable to identify qualified disadvantaged /women- owned business firms, solicit bids and quotations from them for supplies and services related to this Contract, and, in making awards and purchases, given equitable consideration to disadvantaged /women -owned business enterprises. Affirmative Action by the Contractor pursuant to this Contract shall include: arranging solicitations; time for preparation of bids and offers; quantities; specifications; and, delivery and payment schedules so as to facilitate participation of disadvantaged group enterprises. 22. Hold Harmless The Contractor agrees to protect, defend, indemnify, save, and hold the UTPD harmless from and against all suits, claims, and demands based upon any alleged damage to property or any alleged injury to persons (including death) which may occur or be alleged to have occurred by or on account of any negligent act or omission on the part of the Contractor, its subcontractors, or any of their servants, employees, or agents. The Contractor, at its own option and expense, will be associated with the UTPD or the Federal government in the settlement or defense of any claims or litigation arising out of the performance of this Contract. Notice of Claim or Action Filed. The Contractor shall give the UTPD, through the Contracting Officer, immediate notice of any suit or action filed or prompt notice of any claim made against the Contractor arising out of the performance of this Contract. The Contractor shall furnish immediately to the Contracting Officer copies of all pertinent papers received by the Contractor. If the amount of the liability claimed exceeds the amount of insurance coverage, the Contractor shall authorize representatives of the UTPD or the Federal government to collaborate with counsel for the insurance carrier, if any, in settling or defending such claim. In witness whereof, the City and Contractor have executed this Contract as of the date first above written. CITY OF PUEBLO By Pres' dent of City Council Attest: By Ci y Clerk (Seal) ENGINEERING DYNAMICS, INC. Attest: By ( Seal ) /- 9 - ff mm SECTION 1 EXHIBIT A Project Description & Scope of Work 1.1 General Description of Pro.iect The UTPD, with the assistance of the Contractor, will perform a Noise Impact Assessment Study of the proposed Pueblo Transit Plaza Bus Transfer Facility. The City of Pueblo is currently evaluating site alternatives as prescribed in the Federal Transit Administration (FTA) Circular 5620.1. The Study shall encompass an assessment of the present transit facility at 1st Street and Court Street and the number one (1) site selection of what is now City Hall Place street. Plans for the transit facility include vacating the existing City Hall Place, which is a minor street carrying about 1,000 to 1,500 vehicles per day between Main and Union Avenues, and development of a transit "plaza" featuring open air facilities and an enclosed terminal /concession facility. A maximum of 16 buses are anticipated to use the facility, running half -hour headways during the peak periods (6:45 a.m. to 8:45 a.m., and 2:15 p.m. to 5:45 p.m.) and hourly headways at other times. According to FTA guidelines regarding the environmental assessment of noise impacts, (FTA Circular 5620.1) a noise level increase of 10 dba (leq) or greater is considered "a significant impact, whose severity depends on the nearness of noise - sensitive land uses. ....In general, an increase in noise of 5 dba due to a project is often used as the point at which the noise impact is considered significant." 1.2 Scope of Work 1.2.1 Study Tasks The Contractor experienced in noise impact analysis, shall do, perform, and carry out services which are further delineated below: A.1. A noise analysis will be prepared to assess the predicted future noise levels without the project (no- build), the predicted future noise levels with the project, and a statement discussing whether or not the levels represent a significant impact relative to FTA Regulations. A.2. Sufficient ambient noise levels shall be taken at a minimum of five locations within the project study area to determine existing noise levels for each identified receiver. A.3. Identification of noise sensitive areas and a determination of any significant changes in the existing noise environment at the proposed site and along the arrival and departure routes. :well A.4. Specifically, located adjacent to the proposed site are existing and planned buildings whose occupants may be impacted by the noise from idling, arriving, and departing busses. These existing and planned buildings are: The existing City Hall /Memorial Hall complex, the Vail Hotel (currently a senior citizen apartment complex and historical landmark), the Pueblo /Puebla Plaza Park, the proposed senior center recreational/ administrative facility, the proposed Union Plaza Senior Apartments, and the existing City/ County Health Department. A.5. A concise report summarizing the technical findings and stating whether the bus transfer facility meets DOT /FTA requirements shall be the document produced by the Contractor. - 11 -