HomeMy WebLinkAbout7203RESOLUTION NO. 7203
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE FIRM OF
DESIGN STUDIOS WEST, INC., AND THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, FOR PROFESSIONAL SERVICES FOR THE
RUNYON LAKE TO ARKANSAS RIVER PARK PROJECT, STE 0020(005),
AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE
SAME, AND AUTHORIZING THE TRANSFER AND EXPENDITURE OF
FUNDS THEREFROM, AND RESCINDING RESOLUTION NO. 7181
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Agreement dated August 9, 1993, a copy of which is on file at the
office of the City Clerk and made a part hereof by reference, after having been
approved as to form by the City Attorney, and by and between Pueblo, a Municipal
Corporation, and Design Studios West, Inc., is hereby approved.
SECTION 2
Funds not to exceed $28,900 for said professional services shall be paid
from Account No. 145 - 1993 - 308 -0 -40 -8815.
SECTION 3.
The President of the City Council is hereby authorized to execute the
said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk
shall affix the seal of the City thereto and attest same.
SECTION 4
Resolution No. 7181 is hereby rescinded.
ATTEST:
CITY CLERK
INTRODUCED: AUGUST 9, 1993
BY: SAMUEL CORSENTINO
COUNCIL PERSON
APPROVED:
P SIDENT OF 'THE CITY COUNCIL
STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT made and entered this 9th day of August, 1993
by and between the City of Pueblo, a Municipal Corporation (here-
inafter "Owner ") and Design Studios West, Inc., a professional
engineering firm (hereinafter "Engineer ") for Engineer to render
certain professional engineering and related services for Owner in
connection with the Runyon to Arkansas River Park Project also
referred to as the Runyon Commuter Link Project 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
[x] - Final Design Phase including preparation of Bid Docu-
ments
[x] - Construction Phase
Upon completion of any phase, Engineer shall not proceed with work
on the next phase, if any, until authorized in writing by Owner to
proceed therewith.
Such services shall include all usual and customary professional
engineering consultation and advice and the furnishing (directly
or through its professional consultants) of customary and usual
civil, structural, mechanical and electrical engineering services.
Engineer shall also provide any architectural, landscape architec-
tural 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 such registered Professional Engineer.
1.4 Federal Requirements: The parties acknowledge that this
Agreement is funded in part with assistance from the U.S. Depart-
ment of Transportation pursuant to provisions of the Intermodal
Surface Transportation Efficiency Act of 1991, P.L. 102 -240
(hereinafter "the Act ") and pursuant to an agreement between the
Colorado Department of Transportation ( "CDOT ") and the City of
Pueblo dated August 9, 1993 ( "Assistance Agreement "). Engineer
agrees that the requirements of the Act and implementing regula-
tions, the design engineering requirements set forth in 24 CFR,
Part 172 and the requirements of the Assistance Agreement are all
incorporated herein by reference and shall, in all respects, be
complied with by Engineer. In the event any of such requirements
expressly conflict with any provision of this Agreement, then such
requirement shall supersede the conflicting provision of this
Agreement. To the extent certain functions are to be provided by
CDOT under the Assistance Agreement, Engineer understands that
CDOT may perform certain of the responsibilities to be performed
by Owner under Section 3 of this Agreement, and Engineer agrees to
fully coordinate and cooperate with CDOT in and to the same extent
as Engineer is required to coordinate and cooperate with the
Owner.
SECTION 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 2.2(c), 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 6 copies of the Report and present and
review it'in person with Owner.
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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 CDOT and determine the
general design concept and Project requirements based upon
information furnished by Owner and CDOT as well as any study
Report on the Project.
(b) Prepare and submit to Owner and CDOT preliminary
design documents consisting of final design criteria, preliminary
drawings, an outline of specifications, and written descriptions
of all significant features of Project. Preliminary design
documents shall be sufficiently detailed and specific so as to be
adequate and suitable for submission to the Colorado Public
Utilities Commission in connection with an application or
applications for railroad crossing including, but not limited to
at grade crossings and grade separation crossings.
(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
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) Preliminary design shall conform to the "Geometric
Design Guide for Local Roads and Streets" issued by the American
Association of State Highway and Transportation Officials (AASHTO)
and all requirements set forth in any "Request for Qualifications"
issued with respect to the services provided under this Agreement.
(g) Engineer shall furnish 6 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 and CDOT, receipt
of Owner's selection of any design options and review of the
Preliminary Design Documents, if any, prepare and submit to Owner
and CDOT final Drawings showing the scope, extent and character of
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the work to be performed by contractors, and Specifications
describing such work and the requirements therefor. Such plans
and Specifications shall comply with AASHTO's Geometric Design
Guide For Local Roads and Streets," applicable building codes and
requirements of regulatory agencies having any approval authority.
(b) Make reasonable revisions to the Drawings and
Specifications requested by Owner and CDOT, informing the Owner
and CDOT of any change in probable construction costs as a result
of such revisions.
(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, profes-
sional compensation, consultant fees, land and right of way costs,
damages and finance costs, if any.
(e) prepare and submit to Owner and CDOT 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
incorporate, to the extent both advisable and feasible, owner's
standard forms of agreement, warranty, payment and performance
bonds, general conditions and selected specifications.
(f) After review and comment by Owner and CDOT, 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
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 and CDOT 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) Attend a pre -bid conference with bidders to discuss
Project requirements and receive requests for clarification, if
any, to be answered by Engineer in writing to all plan holders.
(i) Consult with and make recommendations to Owner and
CDOT 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.
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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 and /or CDOT of a general
contract or contracts 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 and CDOT
as to same. The frequency and level of observation shall be
commensurate 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 and CDOT in writing of
any omissions, 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, CDOT, the construction
contractor or any subcontractor on the Project, issue written
interpretations as to the Drawings and Specifications and require-
ments 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, CDOT and Owner with respect thereto, any exceptions
noted, or modification or resubmittals required.
(h) Review all applications of Contractor for payment
and in connection with same, issue certificates for payment to the
Owner and CDOT for such amounts as are properly payable under the
terms of the construction contract. Each such certificate shall
constitute Engineer's representation to Owner and CDOT 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, promptly
render a written recommendation to Owner concerning all proposed
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substitutions of material and equipment.
(j) Draft, for Owner's and CDOT's consideration, and
offer recommendations upon, all proposed change orders and
contract modifications.
(k) On application for final payment by the contractor,
make a final inspection of the Project, assembling and delivering
to the Owner and CDOT 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, CDOT 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 or the contracting officer
of CDOT shall, within seven calendar days after receipt of the
Engineer's interpretation or decision, file written objections
thereto with the Engineer and contractor.
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-
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 and CDOT for all loss or damage to Owner
caused by Engineer's negligent act or omission; except that
Engineer hereby irrevocably waives and excuses Owner, CDOT and
their respective attorneys from compliance 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
and architectural 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.
(e) Engineer acknowledges that, due to the nature of
engineering and related professional services and the impact of
same on the Project, the Owner and CDOT have a substantial
interest in the personnel and consultants to whom Engineer assigns
principal responsibility for services performed under this
Agreement. Consequently, Engineer represents that Engineer has
selected and intends to employ or assign the key personnel and
consultants identified in Appendix C - "Identification of
Personnel, Subcontractors and Task Responsibility ", attached
hereto for the Project assignments and areas of responsibility
stated therein. Within 10 days of execution of this Agreement,
Owner shall have the right to object in writing to employment on
the Project of any such key person, consultant or assignment of
principal responsibility, in which case Engineer will employ
alternate personnel for such function or reassign such
responsibility to another to whom Owner has no reasonable
objection. Thereafter, Engineer shall not assign or reassign
Project work to any person to whom Owner has reasonable objection.
Within 5 days of execution of this Agreement, Engineer
shall designate in writing a Project representative who shall have
complete authority to bind Engineer, and to whom Owner should
address communications.
M Promptly after execution Qf this Agreement and uDen
receipt of authorization from Owner or CDOT 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 and CDOT's time table for
achievement of interim tasks and final completion of Project work,
however, the Engineer will not be responsible for delays beyond
his control.
(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, Engineer 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
unable to agree as to compensation, then Engineer shall be
compensated for his direct costs and professional time at the
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rates set forth in Appendix B - "Fee Schedule ".
SECTION 3. OWNER'S RESPONSIBILITIES
3.1 Owner (or, under certain circumstances, CDOT) 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 or CDOT to receive and
transmit 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.
(b) Advise Engineer of Owner's and CDOT's Project
requirements including: objective, project criteria, use and
performance requirements, special considerations, physical
limitations, financial constraints, and required construction
contract provisions and standards.
(c) Provide Engineer with available information
pertinent to the Project including any previous reports, studies
or data possessed by Owner or CDOT 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 or CDOT'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 or CDOT'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
Engineer, obtain required approvals and permits for the Project.
The Engineer shall provide all supportive documents and exhibits
necessary for obtaining said approvals and permits.
(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.
SECTION 4. TIME FOR PERFORMANCE
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, those maximum amounts set forth in
Appendix B - "Fee Schedule" and computed in accordance with this
Section.
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 30 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 90% of the maximum amount unless the Engineer's
services on the Project phases for which this Agreement is appli-
cable have been completed to Owner's satisfaction 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, computer time, 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(g).
SECTION 6. TERMINATION.
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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. In no event
shall payment to Engineer upon termination exceed the maximum
compensation provided for complete performance in paragraph 5.1
and Appendix B.
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 services with that level of care and skill ordinari-
ly exercised by professional Engineers specializing in the design
of roads and bridges, 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 reasonable value of completed work to the Owner as determined
by Owner's Director of Public Works for services satisfactorily
performed and reimbursable expenses reasonably incurred, prior to
date of termination.
6.4 Engineer's professional responsibility for his completed
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
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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 workers' 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) Workers' 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 Four Hundred Thousand and
No /100 Dollars ($400,000.00) per person and occurrence for
personal injury, including but not limited to death and
bodily injury, Four Hundred Thousand and No /100 Dollars
($400,000.00) per occurrence for property damage, and One
Million and No /100 Dollars ($1,000,000.00) 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 and CDOT from and against any liability to third
parties, arising out of negligent acts, errors or omissions of
Engineer, his employees, subcontractors and consultants.
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, CDOT 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.
"D" Street, Pueblo, Colorado; to CDOT, Attention Dick Annand
P. 0. Box 536, Pueblo, Colorado 81002 , or to the Engineer at
1485 Market Street, Suite 100; Denver, CO 80202 Either party may
change his address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner
provided in this paragraph.
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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, that
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-
mined to be contrary to law or the terms of any federal grant,
then this entire Agreement shall be void.
7.10 Appropriations Subject to execution of this Agreement
by the Director of Finance certifyng that a balance of appropria-
tion exists and funds are available, the amount of money appropri-
ated for this Agreement is equal to or in excess of the maximum
compensation payable hereunder; provided, however, that if
construction is phased and subject to annual appropriation, funds
only in the amount of initial appropriation are available and
Engineer shall confirm availability of funds before proceeding
with work exceeding initial and subsequent annual appropriations.
SECTION 8. DISPUTES.
8.1 Any dispute or disagreement between Engineer and Owner
arising from or relating to this Agreement or Engineer's services
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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 3 pages
Appendix B - "Fee Schedule" consisting of 2 pages.
Appendix C - "Identification of Personnel, Subcontrac-
tors and Task Responsibility."
IN WITNESS WHEREOF the parties hereto have made and executed
this Agreement as of the day and year first above written.
CITY OF PUEBLO
By
Presid nt of the Cit Council
ATTEST:
C Clerk
ENGINEER:
DESIGN STU IOS WEST, INC.
By p I
Title: I�1
[ S E A L
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE:
Director of Finance
APPROVED AS TO FORM:
City Attor
TF 52.32 -13-
raw
RUNYON COMMUTER LINK
PROFESSIONAL SERVICES PROPOSAL
JUNE 4, 1993
GENERAL/PROJECT CONTEXT
APPENDIX A
Design Studios West, Inc. is pleased to make the following proposal for professional services for the
development of the Runyon Commuter Link between Elizabeth Street at Santa Fe Avenue and the
proposed Runyon Field recreation area. We propose preparing a single phase construction document
package containing drawings, details, and specifications for the construction of trails, ramps, bridge, and
railroad crossing.
The route of the trail is described in the master plan prepared for the Pueblo Planning Department by the
National Park Service and is generally described as beginning at the intersection of the Elizabeth Street and
Santa Fe Avenue, following Santa Fe south to a pedestrian bridge over Santa Fe between the two railroad
bridges, across PUC, CDOT and Conservancy District rights -of -way, under the elevated portion of I -25,
within the Conservancy District ROW and along the natural channel generally to the southeast. At a point
generally north of the west side of the proposed Runyon Field the trail leaves the Conservancy District
ROW and again enters PUC ROW to by -pass Corps delineated wetlands. The trail returns to the
Conservancy District ROW and crosses the railroad tracks at grade on the east side of the proposed
Runyon Field. The trail connects to existing trails within the existing ballfield area.
A pedestrian bridge meeting the requirements of the Colorado Department of Transportation is required
over Santa Fe Avenue. It is anticipated that the bridge will be a prefabricated model set in place on field
constructed abutments. Extensive ramping and retaining walls will be required to accommodate the
existing elevations and required slopes and grades. The use of an existing bridge at this location, while
reducing the construction cost depending on the participation in its procurement and placement, will
require additional design effort for the abutments and foundations.
The trail is expected to be of concrete construction and of sufficient width to allow safe passage of
bicyclists and pedestrians. A separate "soft" path may be detached from the concrete but generally parallel
the same course. The concrete path must be suitable for infrequent passage of channel maintenance
vehicles operated by the Conservancy District. The fish stocking described in the master plan presentation
will not occur within the limits of this project and therefore the trail should not be designed to
accommodate such traffic.
No crossing of the creek is anticipated, therefore there is only one bridge (the pedestrian bridge over Santa
Fe Avenue) anticipated in this scope. Also, the trail will be routed around the identified wetlands along the
stream. No boardwalk style trail is anticipated in this scope.
A single at -grade crossing over two sets of railroad tracks is anticipated at the east end of the proposed
Runyon Field.
BUSDEVLP\PROPOSAL \1993\BD9312 planning Engineering Landscape AiC111h'Ctn1C
1425 Market Strect, Suite 100 Denver, Colorado 8M01
1303) 623 -3467 Fax 13031 623 -3758
Sarasota Denver
RUNYON COMMUTER LINK
PROFESSIONAL SERVICES PROPOSAL
JUNE 4, 1993
SCHEDULE
It is understood that this project must be advertised for bid before the end of September 1993. A more
detailed schedule of design and production will be prepared as an element of the work. We feel that there
will be no significant problems in achieving this goal.
CITY RESPONSIBILITY
The existing conditions for this project are represented in aerial mapping prepared by Carrera and
Associates and are being provided to DSW both by Carrera and Associates directly as topographic
mapping and by Water Waste and Land, Inc. as construction drawings for the Rock Wool site cleanup
project. The design drawings for Runyon Field will be provided by the City for the necessary topography
at the connection to Runyon Field. The City accepts all responsibility for the adequacy, accuracy and
information provided on such drawings to be used by DSW for construction drawings. DSW will accept
this existing conditions mapping as correct without confirmation under this scope of work at the direction
of the City. No boundary survey is available for the project area. The design will locate structures
according to the best fit with the existing structures and the location of ramps, walls, abutments and the
trail will not be based on legal boundary lines.
The City will provide a profile and cross - sections at a minimum of 50 foot intervals along Santa Fe Avenue
and at critical changes in grade and features. It is hoped that this information can be provided to DSW in
AutoCAD drawing file format. The extent of profile and cross - sections required is shown on the attached
sketch. The City will be responsible for all review, referrals and approvals of the plans and construction
document package.
An approved Master Plan reflecting the changes and alternatives selected during and after the presentation
by National Park Service staff will be provided to DSW prior to beginning the work. It is imperative that
approval of the master plan alignment be obtained from the PUC and individual railroads as necessary and
from the Colorado Department of Transportation as soon as possible in order that design time not be spent
on unacceptable alignment. The City will provide a construction budget for the use of the Consultant team
in developing the design and final scope of improvements included in the construction documents package.
IPA
RUNYON COMMUTER LINK
PROFESSIONAL SERVICES PROPOSAL
JUNE 4, 1993
CONSULTANT SCOPE OF WORK
The Design Studios West, Inc. design team will provide the following services:
1. Geotechnical investigation of the area at the bridge for design of the abutments, ramps and
retaining walls and investigation along the proposed trail route for suitability of subgrade and
recommendation for trail and railroad crossing construction.
2. Design of pedestrian bridge abutments, ramps, retaining walls and engineered slopes as required at
the Santa Fe Avenue crossing.
3. Layout, grading and revegetation of the trail.
4. Preliminary drawings will be prepared and submitted for review before proceeding with the
production of final construction drawings and specifications.
5. Construction observation will be limited to two, one -day trips by CH2M HILL staff.
This scope of work excludes bid administration and evaluation, contractor selection, and construction
observation except as expressly listed in Item 5 above, preparation of as -built drawings and project close-
out items.
PRODUCTS
1. Progress construction drawing package (40% + / -) for review (six sets).
2. Construction drawings and specifications for a single contractor, single phase construction project
for:
Bridge.
Retaining walls and ramps.
Concrete bicycle trail with detached "soft" running track.
At -grade railroad crossing.
The construction specifications will be based on Colorado Department of Transportation standard
specifications. Six sets of the final construction documents will be provided to the City for review
and referral. Volume reproduction for advertised bidding process is not included in this scope.
3. Construction cost estimate.
-3-
APPENDIX B
RUNYON COMMUTER LINK
PROFESSIONAL SERVICES PROPOSAL
JUNE 4, 1993
FEES AND EXPENSES
DSW
Preliminary Design Phase 5,000.00
Final Design Drawings 5,500.00
Total Fees and Expenses: $ 10,500.00
CH2M HILL
Preliminary Design Phase 5,000.00
Final Design Drawings 9,200.00
Construction Observation 1,200.00
Total Fees and Expenses: $ 15,400.00
Lincoln- DeVore Inc.
Total Fees and Expenses: $3,000.00
Project Total Fees and Expenses:
Accepted:
$ 28,900.00
(date)
DESIGN STUDIOS WEST, INC.
-4-
DESIGN STUDIOS WEST TEL:6233465 Aug 09 93 14:33 No.003 P.02
APPENDIX $
PROFESSIONAL. FEE SCHEDULE
The Owner shall compensate Consultant for the Scope of Services in the following manner:
On an estimated percentage of completion for the Consultant's primary services and on an hourly
fee basis for Consultant's Additional and Expanded services based upon the following hourly
rates. These hourly rates shall be considered as fixed for one calendar year from the date of the
Agreement.
The following hourly rates include overhead and profit. These rates reflect the varied expertise
levels that we feel will be required for your project.
Category
ical Tasks
Hourly Rate
Principal -in- Charge
Project Administration, Management and
$ 95.00
Control
Project Manager
Project Design, Technical Review and
75.00
Communications
Professional Engineer
Engineering Design, Calculations and
60.00
Certification of Drawings and Specifications
Project Planner and
Master Planning, Design, Site Analysis and
45.00
Designer
Inventory, Construction Documents,
Graphics, and Specifications
Technician
Base Mapping, Design Detailing, Construction
40.00
Detailing and Graphics
Clerical
Word Processing, Report and Specification
25.00
Preparation, and Invoice Documentation
B -1
DESIGN STUDIOS WEST TEL:6233465 Aug 09 93 14:34 No.003 P.03
APPENDix C
PERSONNEL AND SUB- CONSULTANT RESPONSIBII.ITIES
Design Studios West, Inc.
Project Principal ..........................Don Brandes
Project Manager . .........................Hugh Hahn, P.E.
Project Engineer .. ........................Michael Lawson, P.E.
CN2M Hill
Structural Consultant for bridge adjustments and retaining wall design:
Project Manager ..........................Bill Beams, P.E.
Lincoln Devore, Inc.
Geotechnical Investigation:
Principal ......... ............................Gary Frank
C -1
MEMORANDUM
DEPARTMENT OIL TRANSPORTATION
07'
4201 East Arkansas Avenue
Denver, Colorado 90222
(303) 757 -9011
r
i
! DATE; May 17 1993
TO: Al Veinberg
FROM: Bob Marusin
SU13JECT: Clarification of Proposed Consultant
In response to the City of Pueblo's question regarding the
use of Design Studios West Inc. (DSW) as the design
consultant for the Runyon Commuter Link I would offer the
following:
It is my feeling that because DSW was involved in the
Arkansas River park Walkway Feasibility Study'it would be
acceptable to use them for this project. Under Colorado
Revised Statute 24 - 30 - 1407 it is not necessary to use the
selection process from Part 14 if documents can be reused
from a previous project. As indicated by the City there is a
direct relationship between these two projects and therefore
should justify using DSW and not going through another costly
selection process. Also, as indicated by the City, they used
a qualification based selection process to select DSW for the
previous project. The City should however, follow the State's
procedures for negotiations and contracting with the
consultant, as identified in Procedural. Directive 400.1 and
Colorado Revised Statute 24- 30-1400.
If you have any questions please feel free to call.
RM
cc:
Smith
Harris
File
26 jil
1 1 Ti C ` ^986- `S X31 Pd9I` 139 Jibis
D D O
= ED
_FA'Y� ED
.P
City of Pueblo
OFFICE OF THE CITY MANAGER
December 27, 1993
Mr. Donald H. Brandes, Jr., ASLA
President, Design Studios West, Inc.
1425 Market Street, Suite 100
Denver, CO 80202
Dear Mr. Brandes:
In accordance with the attached letters from Mr. Hugh Hahn, dated
September 16, 1993, and November 2, 1993, the City of Pueblo will
reprogram the scope. of work in the contract between Design Studios West
and the City of Pueblo and reallocate funds accordingly.
The $6,458.60 in funds previously programmed for geotechnical services
will be reprogrammed for the following work on the Historic Arkansas River
Project (HARP): -
(1) The City requests that $4,000 of the funds be programmed for the
preparation of an Implementation, Scheduling, and Management Plan
including the HARP and related downtown projects, as described in the
attached letter dated December 20, 1993; and
(2) The remaining $2,458.60 be programmed for Post Final Design follow —up
which will include attending HARP subcommittee meetings and making
public presentations, as directed by the City and the HARP Committee.
If this meets with your satisfaction,
project as outlined above.
then you may proceed with the
Sincerely,
Lewis A. Quigley
PUEBLO CITY MANAGER
..
P.O. Box 1427 Pueblo, Colorado 81002 - 1427 (719) 584 -0800
September 16, 1993
Mr. Jim Munch, Director
Pueblo Planning Department
211 D Street
Pueblo, CO 81003
Dear Jim,
Pursuant to our conversations and actions taken by DSW to respond to concerns of and
directions from the HARP committee and your office we have revised the extent of our
scope of services to be completed from that originally established in the contract scope of
work and subsequent proposals for portions of that scope.
The geotechnical investigation, including the records search and field sampling for
hazardous materials, will not be completed under the present contract between DSW and
the City. We had budgeted $7,000.00 for this task and did receive a proposal from Lincoln -
DeVore, Inc. of Pueblo to perform the services for that amount. DSW has not entered into
a sub - consultant agreement with Lincoln- DeVore, Inc.
We previously included the geotechnical investigation in a description of a portion of the
scope to be funded by CDBG money. The geotechnical scope was then in a
purchase order dated July 21, 1993. This purchase has been billed to a remaining
balance of $6,458.60. The difference between the budgeted amount for geotechnical
investigation ($7,000.00) and the balance on July 21, 1993 purchase order ($6,458.60) is
$541.40. This out of balance could be corrected through the next purchase order. The City
Manager recently approved the next block of funds for the continuation of our work. The
approval released us to work against $43,000.00. The next purchase order should be
reduced by $541.40 to offset the shortfall in balance on the July 21, 1993 purchase order.
Between leaving a balance unbilled on the July 21, 1993 purchase order and reducing the
next purchase order by $541.00 to $42,458.60, the removal of the geotechnical work from
the project should be correctly accounted for.
In the original scope and in break -outs of partial scopes to match the available funding we
allocated portions of the fees and work to Jim Keeter. As the work progressed through
Part Two we found that we were attending more meetings and presentations than we
originally anticipated and that the detailed design ]ended itself less and less to the constant
involvement of Jim Keeter and his office. Much of the design effort we originally felt Jim
Keeter's office would perform was done by DSW staff in Denver. Other issues such as
traffic and parking, resulting in rigorous alternative study of one -way couplets and alternate
routes; water flowrate and water rights issues arising from the increased flow through
required by WestPlains Energy; and the integration of the bicycle route through the project
DESIGN ST 1D10S V "F-S INS_
PR9311\LE091993.DOC Planning Engineering Landscape Architecture
1425 Market Street, Suite 100 Denver, Colorado 80202
j3031 623 -3465) Fax (303) 623 -37,58
Sarasota Denver
Page 2
September 16, 1993
Mr. Jim Munch, Director
Pueblo Planning Department
have all caused us to re -focus our attention on topics once thought closed. Many of the
design decisions were based on policy decisions and required revisions to the plan at the
coordinate geometry and grading design level. The timely responses to these specific design
problems did not allow us the opportunities to directly involve Jim Keeter's office to the
level of effort we had once anticipated in assigning scope and fees.
We sincerely feel that, given the nature of the design problems, the detailed involvement of
Jim Keeter's office was not necessary and that the reduction in his involvement was certainly
not a detriment to the project. Mr. Keeter's involvement through Part One of Final Design
was critical and provided a great advantage to the design and to the project. Ve have
found it necessary to re- allocate funds originally budgeted for Jim Keeter's office to DSW.
Of the $24,000.00 budgeted to Keeter under Part Two, $16,000.00 is re- allocated to DSW
and $8,000.00 remains budgeted for Jim Keeter's office.
If you have any questions please call me.
Sincerely yours,
Hugh G. Hahn, P.E. -
Project Manger
DIGS WEST TEL:6233465 Nov 03 93
DSW
November 2, 1993
Mr. Jim Munch, Director
Pueblo Planning Department
211 D Street
Pueblo, CO 81003
Dear Tim,
9:33 No.003 P.02
This letter is a follow up to a letter to you, dated September 16, 1993. In September we
offered a suggested adjustment to purchase order amounts to reflect the removal of the
geotechnical investigation from the HARP scope of work. Our suggestion was to reduce
the purchase order in effect at that time and a future purchase order to offset the removal of
the geotechnical investigations. Your accounting staff suggested that the total adjustment
be made on a future purchase order based on the letter from the City Manager, dated
August 10, 1993, authorizing us to proceed on funds available from CDBG and Colorado
Lottery.
The funds available to the HARP project through CDBG and Colorado Lottery totaled
$43,000.00 before the removal of the geotechnical investigation. The purchase order based
on the City Manager's August 10, 1993 letter should be adjusted to a total of $36,000.00.
The City Manger, in a letter dated September 28, 1993, authorized DSW to proceed on the
portion of the total scope applicable to the State Historical Funds available to the HARP
project. That authorization was for 517,000.00. We are presently awaiting a purchase
order from the City reflecting this authorization.
DSW, as directed, has also provided a proposed scope of work to continue our efforts in
the project beyond the completion of the "40% Final Design" to assist in the continuing
efforts of the HARP committee and its subcommittees. This proposal was presented to the
City in a letter to you dated October 7, 1993. We look forward to both the authorization
from the City Manager and the preparation of a purchase order by the City
In summary, we are awaiting authorization from the City Manager to proceed with the
$7,000.00 for continued work and the issuance of purchase orders totaling 560,000.00. If
you have any questions please call me.
Sincerely yours,
DESIGN STUDIOS WEST, INC.
f
Hugh G. Hahn, P.E.
Project Manger
ir"311112"1793.wc DESK- N S 111CNC 7") W L5 I NNL :
Planning; Engineering Land"pc ATChitCCttlrc
1425 Alarkct Street, Suite 100 Denny, Colorado 80202
(3031 623 -3445 Pax (3031623-1759
Sanescna Denver
ik-
DSW
December 20, 1993
Mr. James Munch
Director of Planning
City of Pueblo
211 E. "D" Street
Pueblo, CO 81003
RE: PROFESSIONAL SERVICES FOR THE PREPARATION
OF A MANAGEMENT, ORGANIZATION AND SCHEDULING PLAN
FOR THE HISTORIC ARKANSAS RIVER PROJECT (HARP)
Dear Jim:
Based on the HARP Finance meeting of December 15, 1993, it was generally agreed that:
1. The HARP Committee should critically evaluate a specific project area for
19941995 project engineering and construction. Multiple sources of local, state,
and federal funding appear to be available and should be tailored to a specific
project element of the HARP project.
2. From a practical standpoint, it may not be appropriate or feasible for the existing
HARP Committee to manage final engineering, project construction,
administration of project funding, maintenance, and long -term project
operations. While the HARP Committee is extremely vital and necessary to the
ultimate success of the HARP project, it cannot practically administer its
construction, funding, and maintenance.
3. The immediate objective for the HARP Committee (Finance, Technical, and
Communications) should be to carefully propose an appropriate management
and project control system. Once an overall strategic implementation plan has
been proposed and discussed, it should be presented to City Council for formal
adoption so HARP can proceed.
In anticipation of trying to accomplish these objectives, DSW proposes to assist you in
preparing a brief strategic plan of action for HARP. The purpose of this work will be to
produce an organization structure, schedule of tasks, schedule of proposed Phase I
construction, and estimated revenues and costs for Phase I.
DESIGN STUDIOS VV E-ST N'-
Planning Engineering Landscape Architecture
pr9313 \Ie122093.doc 1425 Market Street, Suite 100 Denver, Colorado 80202
(303) 623 -3465 Fax (3031 623.3758
Sarasota Denver
Mr. James Munch
December 20, 1993
Page 2
As discussed, we have scheduled January 5 and 6, 1994 to meet with you in Pueblo to
outline this work effort and to prepare the preliminary exhibits necessary for the HARP
Finance Committee meeting scheduled for Tuesday, January 11, 1994 at 8:00 a.m. Our
cost to assist you in preparing this work item and to present this plan of action before
City Council is $4,000, including all associated direct expenses.
If this brief letter proposal is satisfactory, please sign below as our authorization to
proceed. Please contact me at your convenience if you have any questions regarding
this matter.
Very truly yours,
DESIGN ,STUDIOS WEST, INC. APPROVED AND ACCEPTED:
Brandes, Jr., ASLA By:
President
Title:
Date:
pr9313 \1622091doc
ED
D U E:)
City of Pueblo
JAMES 'R MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT
Director of Planning
August 20, 1993
Mr. Don Brandes, Principal
Design Studios West
1425 Market Street, Suite 100
Denver, CO 80202
Dear Don:
Enclosed please find (3) three original signature pages and
a copy of the agreement for the Runyon to Arkansas River Park
Project, and (2) two signature pages, Appendix B, of your
proposal for services. Please review and sign agreements and
return as soon as possible.
We are looking forward to working with you on this project.
If you have any questions, please contact me at my office.
Sincerely,
William J. Z ck
Senior Urban Design Planner
WJZ
1
Bill: AUG 2 1993
Attached are two ccn plete a s
are signed Yeements which
fined with the exception of Design
Studios.
Also attached is P. 13 of our file cn
for Design - Studios signature. Please p
send this Page to us as soon as sigs. a
obtained.
211 E. "D" Street, P.O. Box 1427 • Pueblo, Colorado 81002 -1427 • (719) 543 -6006 • Fax (719) 542 -6244