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.
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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