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HomeMy WebLinkAbout7267RESOLUTION NO. 7 2 6 7 A RESOLUTION AWARDING THE CONTRACT FOR ENGINEERING SERVICES RELATED TO TANK REMOVAL/REPLACEMENT AND LEAK DETECTION (RFP 93 -109) AND AUTHORIZINGTHE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME. WHEREAS, Proposals for Engineering Services Related to Tank Removal/Replacement and Leak Detection (RFP 93 -109) were received and examined; and WHEREAS, the Proposal of Galloway, Romero and Associates of Aurora, Colorado was determined to be the most responsive and responsible; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. A Contract for Engineering Services Related to Tank Removal/Replacement and Leak Detection (RFP 93 -109) be, and the same is hereby awarded to said bidder in the amount of $15,843.50. SECTION 2. President of City Council be, and she is hereby authorized to execute the contract on behalf of Pueblo, A Municipal Corporation and the Pueblo Transportation Company, and the City Clerk shall affix the seal of the City thereto and attest the same. s i s SECTION 3. Funds for said project shall be paid from the 013 - 400 - 0440 -0- 050 -0200 Transportation Company Maintenance Capital Account. INTRODUCED: December 13 ,1993 $Y: HOWARD WHITLOCK Councilman APPROVED: — Presi nt of the Council ATTEST: f y Clerk F14 Galloway, Romero & Associates Design Engineering Planning 14202 E. Evans Ave. Aurora, CO 80014 (303) 745 -7448 FAX: (303) 745 -7480 January 12, 1994 Mr. Donald Saling Director of Transportation Pueblo Transportation Co. Pueblo, CO 81003 Re: Removal & Replacement of Fuel Facility Pueblo, CO Dear Mr. Saling: Enclosed please find a fully executed copy of the contract for the engineering design of the subject facility. Pursuant to the study report phase of the project we have proceeded to request the geotechnical investigation from Lincoln- DeVore Inc. and are scheduling the topographic study of the work area. As soon as these documents are completed we will schedule a meeting for their review. Thank you for having selected our firm for this project. We will strive to provide you with the best and most economical design to satisfy your needs. Very Truly Yours, Galloway, Romero & Associates, Inc. R.E. Romero, P.E. RER /nlp enclosure AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made and entered this 20th day of December 1993 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Galloway, Romero and Associates, 14202 Ea9t Evans Ave., Aurora, Colorado 80014, a professional engineering firm (hereinafter "Engineer ") for Engineer to render certain professional engineering and related services for Owner in connection with Fuel Tank Removal/Replacement and Leak Detection 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 engineering services for all phases of Project indicated below by mark placed in the appropriate box or boxes: W Study and Report Phase N Preliminary Design Phase 29 Final Design Phase including preparation of Bid Documents ❑ 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 herewith. 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 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 Scope Of Services, RFP 93 -109, and the items identified in Section 2 of this Agreement 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 Surveying work included within or reasonably contemplated 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 signed by and bear the seal of said Professional Land Surveyor. SECTION 2. ENGINEER SERVICES 2.1 Study Report Phase - If Engineer is to provide professional 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 indicating 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 drawings, 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 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, contingencies, professional compensation, consultant fees, costs of land and rights of way, compensation for damages and finance costs, if any. f) Engineer shall furnish 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 Preliminary Design Documents, if any, prepare and submit to Owner final Drawings showing the scope, extent and character of the work to be performed by contractor's, and Specifications describing such work and the requirements therefore. Such plans and specifications shall comply with applicable building codes and requirements of regulatory agencies having approval authority. b) Make reasonable revisions to the Drawings and Specifications requested by Owner, informing the Owner 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 judgement, 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 incorporate, to the extent both advisable and feasible, Owner's standard forms of agreement, warranty, payment /performance bonds, 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 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) Attend a pre -bid conference with bidders to discuss Project requirements and receive requests for clarifications, if any, to be answered by Engineer in writing to all plan holders. i) 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 professional services with respect to the Project during the Construction Phase, after award by the Owner 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 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 the 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 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 conform to the contract documents. f) On request of the Owner, the construction contractor or any subcontractor on the Project, issue written interpretations 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, specifications and all other contract documents, and indicate to Contractor 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 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, promptly render a written recommendation to Owner concerning all proposed substitutions of material and equipment. j) Draft, for Owner'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 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 construction 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 contract 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. 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 Engineer's work, including that performed by Engineer's consultants, and including designs, drawings, specifications, reports and other services, irrespective of Owner's approval of acquiescence in same. Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies 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 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 services provided in the State of Colorado 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 has 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 Exhibit E - "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. 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 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, however, the Engineer will not be responsible for delays beyond his control. g) Before undertaking any work which Engineer considers beyond or in addition to the Scope of Service or work which Engineer has contractually agreed to perform under the terms of this Agreement, Engineer shall advise Owner in writing: • That Engineer considers the work beyond the Scope of this Agreement; • The reasons the Engineer believes the out of scope of additional work should be performed; and • 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 rates set for in Exhibit D - "Fee Schedule ". SECTION 3. OWNER'S RESPONSIBILITIES 3.1 Owner shall: a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of the Owner 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 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 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 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 Engineers' services. h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization 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 4.1 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 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 Agreement, except for services for additional work or work beyond the scope of this Agreement, those maximum amounts set forth in Exhibit D - "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 reimbursable 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 90% of the maximum amount unless the Engineer's services on the Project phases for which this Agreement is applicable have been completed to Owner's satisfaction and all required Engineer submittals have been provided. 5.3 The rates of compensation for services and for reimbursable expenses to be used with periodic and final payment applications shall be those set forth in Exhibit D - "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 Exhibit D - "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 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 termination, 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 accumulated 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 the Engineer, Engineer shall be paid at the rates specified in Exhibit D - "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 Exhibit D. 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 ordinarily exercised by professional Engineers specializing in the type of work covered by the Agreement, 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, specifications, technical data, and other documents or instruments procured or produced by the Engineer in the performance of the 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 judgements 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 maintain during the term of this Agreement, such insurance as will protect him from claims under Worker'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: • Worker's Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. • Comprehensive General and Automobile Liability Insurance with limits not less than Four Hundred Thousand and No /100 Dollars ($400,000) 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) per occurrence for property damage, and One Million and No /100 Dollars ($1,000,000) for excess Umbrella Liability. • 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, 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 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: City of Pueblo/Pueblo Transportation Company Attention: Donald I Saling, Director of Transportation 350 South Elizabeth Street Pueblo, Colorado 81003 Addressed to the Engineer: Galloway, Romero and Associates 14202 East Evans Avenue Aurora, Colorado 80014 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. 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 or the Engineer in relation thereto not expressly set forth in this instrument and the Exhibits attached hereto 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 monies due or to become due hereunder to the Engineer may be assigned by him without 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 Transportation Exhibit I - "Acceptance of Conditions Statement ". 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 as set forth in Exhibit C - "Title VI Assurance ". 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 determined 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 certifying that a balance of appropriation exists and funds are available, the amount of money appropriated 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 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 performance of his work under this Agreement. SECTION 9. EXHIBITS 9.1 The following Exhibits are attached to and made a part of this Agreement: Exhibit A Contractor Certification of Disclosure of Federal Lobbying Activities Exhibit B Agreement for Professional Engineering Services Exhibit C Title VI Assurance Exhibit D Fee Schedule Exhibit E Identification of Personnel, Subcontractors and Task Responsibility Exhibit F Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters Exhibit G Buy America Certification Exhibit H Certification Regarding Ineligible Contractors Lists Exhibit I Acceptance of Conditions Statement SECTION 10. UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES 10.1 In connection with the performance of any resultant contract, the Engineer will cooperate in meeting its commitments and goals with regard to the maximum utilization of disadvantaged business enterprises, including women - owned business enterprises, and will use its best efforts to insure that disadvantaged business enterprises shall have the maximum practicable opportunity to compete for subcontract work. It is the policy of the City of Pueblo/Pueblo Transportation Company that DBE's as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts. Consequently, the DBE requirements of 49 CFR Part 23 apply to this contract. The Engineer agrees to ensure that DBE's, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, all Engineers shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure DBE's have the maximum opportunity to compete for and perform contracts. Engineer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of City of Pueblo/Pueblo Transportation contracts. Affirmative action by the Engineer pursuant to this Project 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. A copy of the City of Pueblo/Pueblo Transportation Company DBE Plan and Goals for FY 1993 and 1994 are available upon request. 10.2 Employment Data and Affirmative Action Plan All proposals shall include an Employment Data Form showing thereon the utilization of minorities and women by job category within its organization. Where the successful Engineer has 40 or more employees, or it is participating in contracts with the City of Pueblo/Pueblo Transportation Company which exceed $50,000, an Affirmative Action Plan must be submitted when requested by the Director of Transportation. The Engineer will furnish all necessary information and reports and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with the non - discrimination/disadvantaged business provisions of any resultant Contract. 10.3 Noncompliance In the event of the Engineer's noncompliance with the nondiscrimination / disadvantaged business provisions of any resultant Contract the City of Pueblo/Pueblo Transportation Company shall impose such Contract sanctions as it may determine to be appropriate, including, but not limited to: • Withholding of payments under the Contract until the Engineer complies; and/or • Cancellation, termination, or suspension of the Contract in whole or in part. IN WITNESS WHEREOF the parties here to have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO By. P sident ot City Council *, i1 [SEAL] ENGINEER By: _ Title: yy�'� �J'i�E•rJT BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE: Director of APPROVED AS TO FORM: City Date EXHIBIT C TITLE VI ASSURANCE 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: 1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Pueblo Transportation Company (hereinafter, "PTC') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter, referred to as the "Regulations`), which are herein incorporated by reference and made a part of this contract. 2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3) Solicitations for Subcontracts. 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 subcontract, including procurements for materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the PTC or the Federal Transit Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. 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 PTC, or the Federal Transit Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the PTC shall impose contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but not limited to: a) withholding of payments to the contractor under the contract until the contractor complies; and /or b) cancellation, termination, or suspension of the contract, in whole or in part. Title VI Assurance -- Continued 6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issue pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the PTC or the Federal Transit Administration may direct as a means of enforced 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 PTC to enter into such litigation to protect the interests of the PTC, and, in addition, the contractor may request the United States to enter into such litigations to protect the interests of the United States. Company presentative ,e. ec, s��fe -/a -94 Date SCOPE OF WORK Galloway, Romero & Associates will provide design and engineering services for the removal of two 6,000 gallon and two 10,000 gallon steel underground tanks and their replacement with two 10,000 gallon double wall fiberglass tanks for the storage of diesel fuel. Fuel piping will be fiberglass pipe with secondary containment. The facility will have electronic tank and piping leak monitoring, tank testing and fuel management (card system). The work will include preparation of the following documents: ■ Soil Investigation ■ Topographic Survey ■ Preliminary and Final Site Plans ■ Demolition Plan ■ Tank Installation Details ■ Piping and Dispensing Island Details ■ Electrical Details ■ Technical Specifications ■ General Conditions (Furnished by City of Pueblo) ■ Special Conditions ■ Bidding Instructions, Bid Form and Construction Contract Attend the following meetings at the Pueblo Transportation Company offices: ■ Preliminary Design Review ■ 90% Design Review ■ Final Documents Review ■ Contractor Prequalification ■ Bid Opening Page 3 of 9 METHOD AND MEANS TO PERFORM THE REQUIRED SCOPE OF WORK Phase I A soil investigation will be undertaken to determine type of soil profiles, bearing capacity and location of phreatic surface. This study to be undertaken by a local geotechnical consultant. A topographic land survey to locate existing structures, substructures and utilities will be prepared by our professional land surveyor. The environmental study prepared by Lincoln - Devore will be reviewed for any special conditions affecting removal of existing tanks and /or new tank installation. A meeting will be held to fix the preliminary design parameters and to fix location of new facility. Phase II A preliminary design will be prepared and will be submitted with a preliminary cost estimate to the Pueblo Transportation Company for review and approval. Phase III A final design and ACAD engineering drawings and specifications will be prepared and submitted for approval. Prospective bidders will be prequalified. Phase IV Bid documents will be prepared, bids for construction obtained and contract awarded to successful contractor. Page 4 of 9 EXCLUSION Galloway, Romero & Associates accepts all conditions and requirements contained in the Request for Proposal with the exception that Professional Liability Insurance is not included. As designers of underground tank systems we are excluded from coverage in this type of policy. If the City of Pueblo insists on this requirement, a policy can be provided as long as the city - of Pueblo agrees to pay the required premium and understands that the project is not covered by the policy. Page 5 of 9