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.
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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.
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(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.
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(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.
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(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.
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(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.
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(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"