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HomeMy WebLinkAbout7427RESOLUTION NO. 7427 A RESOLUTION APPROVING AN AGREEMENT BETWEEN RANGE ENGINEERING AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR PROFESSIONAL SERVICES FOR THE ELSON BRIDGE PROJECT, STE M086 -006, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The agreement dated July 11, 1994, 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, Range Engineering, Inc., is hereby approved. SECTION 2 Professional services not to exceed $11,000 shall be paid from Account No. 145 - 1993 - 100 - 000 - 040 -8818. SECTION 3 The President of the City Council is hereby authorized to execute said agreement on behalf of Pueblo, A municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. INTRODUCED: JULY 11, 1994 BY: FAY KASTELIC COUNCIL PERSON ATTESTED BY: APPROV D: CITY CLE (-! ES ENT OF THE CITY COUNCIL STANDARD FORM OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made and entered this 11th day of July , 1994 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Range Engineering, Inc., a professional engineering firm (hereinafter "Engineer ") for Engineer to render certain professional engineering and related services for Owner in connection with the Reassembly of the Elson Bridge 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: Engineering and Design Phase 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 architectural and surveying services incident to its work on the Project. 1.2 In performing the professional services, Engineer shall complete the work items described generally in Appendix A - Scope of Services and the items identified in Section 2 of this 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 Federal Requirements: The parties acknowledge that this Agreement is funded in part with assistance from the U.S. Department 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 �N� Pueblo dated August 9, 1993 ( "Assistance Agreement "). Engineer agrees that the requirements of the Act and implementing regulations, 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 Engineering and Design 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 the work to be performed by the U.S. Army, 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) Attend a conference with the U.S. Army to discuss Project requirements and receive requests for clarification, if any, to be answered by Engineer in writing to all plan holders. (e) Consult with and make recommendations to Owner and CDOT concerning: acceptability of materials, equipment, and any other matter upon which Owner may reasonably request Engineer's advice. 2.2 Construction Phase If Engineer is to provide professional services with respect to the Project during the Construction Phase, Engineer shall: m►= (a) Perform all duties and functions to be performed by Engineer under the terms of the 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 contract documents. (d) Promptly advise the Owner and CDOT in writing of any omissions, substitutions, defects or deficiencies noted in the work on the Project. (e) Reject any work on the Project that does not conform to the contract documents. (f) On request of the Owner, CDOT, or the U.S. Army, 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 U.S. Army for conformance with the design concept of Project and compliance with the Drawings, Specifications and all other contract documents, and indicate to U.S. Army, CDOT and Owner with respect thereto, any exceptions noted, or modification or resubmittals required. (h) Review all applications of U.S. Army 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 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 U.S. Army 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 and CDOT's consideration, and offer recommendations upon, all proposed change orders and contract modifications. (k) On notification of Project completion by the U.S. Army, make a final inspection of the Project, assembling and - 3 - delivering to the Owner and CDOT any written guaranties, instruction manuals, as -built drawings, diagrams and charts required by the contract and issue a certificate of final completion of the Project. (1) The Engineer shall if so provided in the contract, be the interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written request of the Owner, CDOT or U.S. Army, 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 U.S. Army 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 the U.S. Army. 2.3 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 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 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 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. - 4 - (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. (f) Promptly after execution of this Agreement and upon 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 considers beyond or in addition to the Scope of Services 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 additional 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 this direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule ". - 5 - SECTION 3. OWNER'S RESPONSIBILITIES 3.1 Owner (or, under certain circumstances, CDOT) shall: (a) Designate a representative to whom all communications 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 this 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 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 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 Agreement, 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 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 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 applicable 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 reimbursable expenses to be used with periodic and final payment applications 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 2.3(g). - 7 - 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 Engineer, Engineer shall be paid at the rates specified in Appendix B - "Fee Schedule's 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 ordinarily 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, Specifications, 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 - 8 - indemnify Engineer from all loss, claims, injury and judgments arising from the use of such designs, Drawings or Specifications for such other project. 7.2 _I_nsurance and Indemnit (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 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. Comprehensive General and Automobile Liability Insurance with limits not less than Four Hundred Thousand and N01100 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. 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 Annan, P. O. Box 536, Pueblo, Colorado 81002, or to the Engineer at 2145 So. Clermont Street, Denver, Colorado 80222. 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 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 2.3, 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 2.3 and 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. - 10 - 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. APPENDICES 9.1 The following Appendices are attached to and made a part of this Agreement: Appendix A - "Scope of Services" consisting of 1 page. Appendix B - "Fee Schedule" consisting of 1 page. Appendix C - "Identification of Personnel and Task Responsibility" consisting of 1 page. 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: P s. Uof the City Council ATTEST: ity Clerk ENGINEER: RANGE EN I � ERING INC. By: Title: ( S E A L ) BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE: 4�t Directokof Finance APPROVED AS TO FORM: City At r - 11 - APPENDIX A SCOPE OF SERVICES A. ENGINEERING AND DESIGN PHASE: 1. Prepare truss reassembly, pedestrian safety fencing and deck joint details. Design new bearing devices, superstructure stringer system and bridge deck. 2. Prepare contract drawings and specifications to include truss reassembly with new superstructure elements. 3. Coordinate with the City of Pueblo, CDOT, the U.S. Army and other involved agencies. Attend meetings and conferences as required. B. CONSTRUCTION PHASE: 1. Perform construction observation during the construction of the new superstructure elements, the truss reassembly and the safety fencing. 2. Prepare and submit a final report to certify the new superstructure construction and the truss reassembly. APPENDIX B FEE SCHEDULE A. ENGINEERING AND DESIGN PHASE: 1. The following man -hours and hourly rates are estimated to complete the work as outlined in the Scope of Services. HOURS RATE TOTAL Principal 10 $78.00 $ 780.00 Engineer 52 55.00 2,860.00 CADD /Technician 82 40.00 3,280.00 Clerical 4 28.00 112.00 TOTAL ENGINEERING AND DESIGN PHASE $7,032.00 B. CONSTRUCTION PHASE: 1. We estimate two weeks of engineers time for construction assistance and inspection services. HOURS RATE TOTAL Engineer 60 $55.00 ,$3,300.00 TOTAL CONSTRUCTION PHASE $3,300.00 APPENDIX C IDENTIFICATION OF PERSONNEL A. ENGINEERING AND DESIGN PHASE: Principal Engineer CADD /Technician Clerical B. CONSTRUCTION PHASE: Engineer L. Dean Peterson Gary Fils Stan Barnett Sandy Colby Gary Fils No Subcontractors are scheduled to be used for this project at this time.