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HomeMy WebLinkAbout7612RESOLUTION NO. 7612 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE FIRM OF KLH ENGINEERING CONSULTANTS, INC., AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR PROFESSIONAL SERVICES FOR THE RUNYON COMMUTER TRAIL II PROJECT 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 April 24, 1995, 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 is hereby approved. SECTION 2. Funds not to exceed $6,800 for said professional services shall be paid from Account No. 145- 1994 - 308 -0 -40 -8823. SECTION 3. The President of the City Council is hereby authorized to execute the said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. INTRODUCED: April 24, 1995 SA M IET, MRSENTI C OUNCIL - • A PRESIDENT OF THE CITY COUNCIL ATTEST - �C - ITY CLERK CLERK AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is made and entered this 24th day of April , 1995 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") , and KLH Engineering Consultants, Inc., a professional engineering firm (hereinafter "Engineer ") for Engineer to render certain professional engineering and related services for Owner in connection with the Runyon Commuter Link Project, Phase II 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: [ ] - Study and Report Phase [ ] - Preliminary Design Phase [x] - Final Design Phase including preparation of Bid Documents [XI - Construction Phase Upon completion of any phase, Engineer shall not proceed with work on the next phase, if any, until authorized in wiring 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 service 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 ( 11 CDOT 11 ) and the City of 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. 1 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 understand 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. ENGINEERS SERVICES. 2.1 Final Design and Bidding Phase. If Engineer is to provide professional services with respect to the project during the Final Design Phase, Engineer shall: (a) After consultation with the Owner and CDOT, receipt of Owner's selection of any design options and review of the Preliminary Design Document, if any, prepare and submit to Owner and CDOT final Drawings showing the scope, extent and character of the work to be performed by Contractors, and Specifications describing such work and the requirements therefor. Such plans and Specifications shall comply with AASHTo's Geometric Design Guide For Local Roads and Streets," applicable building codes and requirements of regulatory agencies having any approval authority. (b) Make reasonable revisions to the Drawings and Specifications requested by Owner and CDOT, informing the Owner and CDOT of any change in probable construction costs as a result of such revisions. (c) Provide technical criteria, written descriptions and design data for Owner's use, and disclose any significant design risks inherent in or presented by design choices. (d) Based upon Engineer's best professional judgment, prepare and submit to Owner a current detailed cost estimate for the project including construction cost, contingencies, professional compensation, consultant fees, land and right of way costs, damages and finance costs, if any. (e) Prepare and submit Owner and CDOT draft forms of contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, forms of warranty and including any special requirements imposed upon such contracts by any federal or other funding source and by any regulatory agency. In preparing such draft forms, engineer shall consider and incorporate, to the extent both advisable and feasible, owner's standard forms of agreement, warranty, payment and performance bonds, general conditions and selected specification. (f) After review and comment by Owner and CDOT, prepare and submit final forms of contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, and forms of warranty, together with any Addenda which may be required or appropriate to correct errors, clarify Drawings or Specifications or advise of changes. 10 copies of these final bid documents shall be furnished to Owner. 2 (g) Make recommendations to Owner and CDOT concerning the need for prequalification of equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in final bid and construction contract documents. (h) Attend a pre -bid conference with bidders to discuss Project requirements and receive requests for clarification, if any, to be answered by Engineer in writing to all plan holders. (i) Consult with and make recommendations to Owner and CDOT concerning: acceptability of bidders, subcontractors, suppliers, materials, equipment., suitability of proposed "or equals ", amount of bids and any other matter involved in consideration and review of bids and bidders upon which Owner may reasonably request Engineer's advice. 2.2 Construction Phase. If Engineer is to provide professional services with respect to the Project during the Construction Phase, after award by the Owner and /or CDOT of a general contract or contracts for construction of the Project, Engineer shall: (a) Perform all duties and functions to be performed by Engineer under the terms of the construction contract. (b) Visit the Project site, perform observations as to the progress and quality of the work and advise the Owner and CDOT as to same. The frequency and level of observation shall be commensurate with the nature of the work and size of the Project, except that any specific provisions set forth in Appendix A - Scope of Services concerning the level of observation shall determine Engineer's obligation concerning level of observation. (c) Make determinations as to wether the work is proceeding in accordance and compliance with the construction contract documents. (d) Promptly advise the Owner and CDOT in writing of any omissions, substitutions, defects or deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project. (e) Reject any work on the Project that does not conform to the contract documents. (f) On request of the Owner, CDOT, the construction contractor or any subcontractor on the Project that does not conform to the contract documents. (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, CDOT and Owner with respect thereto, any exceptions noted, or modifications or resubmittals required. (h) Review all applications of Contractor for payment and in connection with same, issue certificates for payment to the Owner and CDOT for such amounts as are properly payable under the terms of the construction contract. Each such certificate shall constitute Engineer's representation to Owner an CDOT that he has inspected the Project and that to the best of his knowledge, the work for which payment has been sought has been completed by Contractor in accordance with the Drawings, Specifications and other contract documents. 3 (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 application for final payment by the contractor, make a final inspection of the Project, assembling and delivering to the Owner and CDOT any written guaranties, instruction manuals, as -built drawings, diagrams and charts required by the contract documents, and issuing a certificate of final completion of the Project. (1) The Engineer shall if so provided in the construction contract, be the interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written request of the Owner, CDOT or contractor, the Engineer shall promptly make written interpretations of the contract documents and render written decisions on all claims, disputes and other matters relating to the execution or progress of the work on the Project. The interpretation and decisions of the Engineer shall be final and binding on the "contractor and Owner, unless the Director of Public Works of the Owner or the contracting officer of CDOT shall, within seven calendar days after receipt of the Engineer's interpretation or decision, file written objections thereto with the Engineer and Contractor. 2.3 Additional Responsibilities. This paragraph applies to all phases of Engineer's work. (a) Contractor shall be responsible for the professional quality, technical accuracy and timely completion of Contractor's work, including that performed by Contractor's consultants and subcontractors, and including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same. (b) Contractor shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by Contractor's negligent act or omission; except that Contractor hereby irrevocably waives and excuses Client and Client's 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, whether now existing or hereafter enacted. (c) Contractor shall be completely responsible for the safety of Contractor's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Contractor acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Contractor represents that it shall complete all work within 30 days of execution of this Agreement Except to the extent the parties agree to time extensions for delays beyond the control of Contractor, Contractor shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of interim tasks and final completion of Project work. Contractor further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, the availability of information which must be obtained from any third parties, and all conditions to access to public and private facilities. 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. Within 10 days of execution of this Agreement, stated therein. Within 10 days of execution of this Agreement, 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) Engineer's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project. SECTION 3. FEES FOR SERVICES; PAYMENT (a) Client will pay to Contractor as full compensation for all services required to be performed by Contractor under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $6,800. (b) Contractor shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered. Applications for payment shall be submitted based upon the hourly rates and expense reimbursement provisions set forth in Appendix B attached hereto, and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay Contractor for the amount of the application within 40 days of the date such application is received. (c) 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 A. (d) No compensation shall be paid to Contractor for services required and expenditures incurred in correcting Contractor's mistakes or negligence. 5 (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of Section 2(e). (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Contractor acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES (a) Client agrees to advise Contractor regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports (if any) accessible to Client which Contractor may reasonably require. (b) Client shall designate a Project Representative to whom all communications from Contractor shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is the lesser of $340.00 or 5% of the maximum contract price. (c) Client shall examine all documents presented by Contractor, and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials or product furnished hereunder shall not in any way relieve Contractor of responsibility for the professional adequacy of its work. (d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by Contractor is not within the custody or control of Client but must be procured from others. SECTION 5. TERMINATION (a) Client reserves the right to terminate this Agreement and Contractor's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Contractor and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information, documents and materials as Contractor may have accumulated in performing this Agreement, together with all finished work and work in progress. 9 (b) Upon termination of this Agreement for events or reasons not the fault of Contractor, Contractor shall be paid at the rates specified in Appendix B 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 Contractor or Client. In no event shall payment to Contractor upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this Agreement or Contractor's services is for breach of this Agreement by Contractor, or for other fault of Contractor including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Contractor's entire right to compensation shall be limited to the lesser of (a) the reasonable value of completed work or (b) payment at the rates specified in Appendix B for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. (d) Contractor's professional responsibility for its completed work and services shall survive any termination. SECTION 6. ACCESS TO PROPERTY NOT UNDER CLIENT'S CONTROL Contractor acknowledges that the Project may require access to property not under the control of Client but of third parties. Contractor and Contractor's employees and consultants shall, at Contractor's expense, obtain all necessary approvals and clearances required for access to such property. Client shall assist Contractor in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property. SECTION 7. USE OF DOCUMENTS (a) Plans, drawings, specifications, reports and all other documents prepared or provided by Contractor hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Contractor publish work product developed pursuant to this Agreement except (i) with advance written consent of Client and (ii) in full compliance with the requirements of this Agreement and applicable federal regulations. (b) Plans and reports produced under this Agreement, including all drafts thereof, shall contain a disclaimer on the title page which shall read as follows, "This (name of document) was prepared under contract with the City of Pueblo, with financial support from the U.S. Department of Transportation. The content of the document does not necessarily reflect the views of the U.S. Department of Transportation." and shall state Contractor's contractor identification. 7 SECTION 8. INSURANCE AND INDEMNITY (a) Contractor agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its 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 Contractor shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. (iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a deductible acceptable to Client. (c) Contractor agrees to hold harmless, defend and indemnify Client from and against any liability to third parties, arising out of negligent acts or omissions of Contractor, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS. (a) Client acknowledges that Contractor is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. However, Contractor has, as indicated in Section 1(b) of this Agreement, identified subcontractor consultants who may perform services on behalf of Contractor under this Agreement. Contractor shall therefore contractually bind each of its consultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a third party beneficiary of those subcontract provisions. (b) Contractor shall indemnify and defend Client from all claims and demands for payment for services provided by subcontractors of Contractor. (c) Contractor acknowledges that, due to the nature of the services to be provided under this Agreement, the Client has a substantial interest in the personnel and consultants to whom Contractor assigns principal responsibility for services performed under this Agreement. Consequently, Contractor represents that it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to enter this Agreement. Contractor shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. Contractor shall not assign or reassign Project work to any person to whom Client has reasonable objection. SECTION 10. REOUIRED FEDERAL PROVISIONS. (a) Contractor understands that Client is funding Contractor's services in whole or part with funds provided through the U.S. Department of Transportation, pursuant to a Grant Agreement and applicable federal regulations. Contractor agrees it is subject to and shall comply with all applicable provisions of the Grant Agreement and the Act under which the grant award has been made. (b) Contractor shall comply with all applicable Federal, State, and local laws applicable to its activities, 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments;" OMB Circular A -87, "Cost Principles for State and Local Governments;" 49 CFR Part 90, "Audits of State and Local Governments;" 49 CFR Part 29, "Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug Free Workplace (Grants);" 49 CFR Part 20, "New Restrictions on Lobbying;" and the Department of Transportation regulations concerning nondiscrimination in federally assisted programs, 49 CFR Part 21. (c) All records with respect to any matters covered by this Agreement shall be available for inspection by Client, the U.S. Department of Transportation, the Colorado Department of Transportation (the "State "), and the Inspector General of each federal department with an interest in the subject matter of this Agreement, at any time during normal business hours and as often as Client, the State, the Department or such Inspector General deems necessary, to audit, examine and make excerpts or transcripts of relevant information, and otherwise to perform its official functions or duties. SECTION 11. MISCELLANEOUS (a) 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 Contractor or Client 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 service, when deposited in the United States mail, first -class postage prepaid, addressed to the Client, Attention: Mr. Bill Zwick, City of Pueblo, Department of Planning and Development, 211 East "D" Street, Pueblo, Colorado 81003 or to Contractor, Mr. Kim K. Kock, P.E. KLH Engineering Consultants, Inc., 111 East 5th Street, Pueblo, Colorado 81003 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. (b) Entire Agreement This instrument contains the entire agreement between Contractor and Client respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or Contractor in relation thereto not expressly set forth in this instrument and its attachments is null and void. (c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Contractor may be assigned by it without the written consent of Client. (d) Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative of Contractor and by Client in accordance with the requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board. (e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. (f) Equal Employment Opportunity In connection with the performance of this Agreement, neither Contractor nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Contractor 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, disability or age. (g) Severability If any provision of this Agreement, except for Section 2, 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 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. SECTION 12. APPENDICES. 12.1 The following Appendices are attached to and made a part of this Agreement: Appendix A - "Scope of Services" consisting of 2 pages. Appendix B - "Fee Schedule" 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 BLO By Christian L. Weaver, President of City Council ATTEST: KLH ENGINEERING CONSULTANTS, INC. By Name: kl W► /�• /�� Title: Q /mac �uQ OF 6���b SEQ,J�cE�S 10 KLH Engineering Group KLH Engineering Consultants, Inc. a subsidiary of KLH Engineering Group, Inc. March 6, 1995 1500 Pueblo Planning and Development Department 211 East "D" Street Pueblo, CO 81003 Attention: Mr. Bill Zwick Subject: Runyon Lake to Arkansas River Park Project We are pleased to present this proposal for performing professional engineering and surveying services with regard to the above referenced site. Please find below a list of the services that are to be provided: 1. Survey profile of centerline of proposed trail alignment at 50' intervals to verify accuracy of existing topographic information: $1260.00 2. Redesign approximately 250 linear feet of trail immediately east of Santa Fe Avenue including modifications to existing Drawings as furnished by the City of Pueblo: 1490.00 3. verify and /or modify existing bid quantities and make adjustments as necessary to the Bidding Documents (Summary of Approximate Quantities): 2250.00 4. Review retaining wall designs and modify if necessary: 900.00 5. Modify Bidding Documents as required to identify work requirements of proposed project versus previous project: 900.00 We will perform the above listed services on a fixed fee basis. Our total estimated fee for the combined services listed above will be $6800.00. Any "extra" services which may be required to complete the job will be billed per our current time and material rates. A copy of our current billing rate schedule is included with this proposal. Additional services may include items such as additional redesign efforts on items not listed above, construction administration, construction staking, etc. Our company policy is to invoice no later than the last day of every month and payment is due on receipt of invoice. Should you require a different submittal date please so advise. Payment not received by KLH within 30 days of receipt of invoice may cause all work to stop on the project, or an assessment of 2% monthly, or both, at our option. Nonpayment after 45 days will cause all work to cease and a 2% monthly assessment will be imposed. KLH's liability under this Agreement shall be limited to the amount of the fee charged. In the event the client wishes to terminate the services of KLH, the client shall pay KLH time and materials rates up to the date of termination. Any extra work or additional work that may be required to complete the project by KLH or the client shall be in writing, acknowledged and made a portion of the Agreement. If this proposal is acceptable, please sign on the space provided below and return the ® 111 E. 5th Street, Pueblo, Colorado 81003 PO Box 91a P. inhln r nlnrarin Al 1)09 (719) 544 -6823 FAX (719) 54, A P P E N D I X " A" w, Pueblo Planning and Development Department Page two March 6, 1995 original to us as notice to proceed. We appreciate this opportunity to be of service to you. KLH ENGINEERIING CONSULTANTS, INC. Kim K. Kock, P.E. Director of Engineering Services ng Accepted by: Title: PRESIDENT OF CITY COUNCIL Date: APRIL 24, 1995 1500.101 KLH Engineering Group KLH Engineering Consultants, Inc. a subsidiary of KLH Engineering Group, Inc. Effective January, 1995 OFFICE ENGINEERING AND PLANNING: Principal Senior Engineer P.E. /Surveyor L.S. Project Engineer /Surveyor . . . . Engineer, Planner, Survey Manager Autocad . . . . . . . . . . . . . Drafter . . . . . . . . . . . . . Clerical /Accounting . . . . . . . Clerical . . . . . . . . . . . . Messenger . . . . . . . . . . . FIELD ENGINEERING AND SURVEYING: 3 -Man Boundary Control Crew 3 -Man Survey Crew . . . . . Overtime Rate . . . . . . . 2 -Man Survey Crew . . . . . . . Overtime Rate . . . . . . . 1 -Man Survey Crew . . . . . . . Overtime Rate . . . . . . . Construction Supervisor . . . . Construction Inspector . . . . PRINTING RATES: $75.00 /hr. $65.00 /hr. $55.00 /hr. $45.00 /hr. $40.00 /hr. $35.00 /hr. $30.00 /hr. $25.00 /hr. $15.00 /hr. $91.00 /hr. $82.00 /hr. $97.00 /hr. $70.00 /hr. $80.00 /hr. $55.00 /hr. $65.00 /hr. $40.00 /hr. $35.00 /hr. Bluel ine Prints . . . . . . . . . . . . . . . . $0.40 /sq.ft. My 1 ar Prints . . . . . . . . . . . . . . . . $2.00 /sq. ft. Xerox Copies . . . . . . . . . . . . . . . . . . $0.10 /ea . Large Xerox Copies . . . . . . . . . . . . . . . $0.40 /sq. ft. SUBCONTRACTED EXPENSES AND SPECIAL EQUIPMENT: Computer Expense - $50.00 /hr. Direct Costs plus 15% Mileage - Trucks and Autos - $0.35 /mile NOTE: Rates shown are subject to change without notice and any one rate can change without affecting others. In the event Principals are involved for an extended period on a project, rates charged will be commensurate with work performed. KLHFORM.603 ® 111 E. 5th Street, Pueblo, Colorado 81003 PO Box'"" D kl- r' - - - ^ ^^ (719) 544 -6823 FAX (719) 544 A P P E N D I X "B"