HomeMy WebLinkAboutResolution-1995-1477
RESOLUTION NO. 1477
TITLE:
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR
PERMANENT IMPROVEMENTS TO LENA GULCH.
WHEREAS, section 14.2 of the Home Rule Charter of the City
of Wheat Ridge provides express authority to enter into intergov-
ernmental agreements providing for cooperative efforts between
governments; and
WHEREAS, the recent continuous rainfall for 16 days caused
flooding in Lena Gulch and concomitant flood damage downstream of
the Maple Grove Reservoir; and
WHEREAS, In response to a request from the City, the Urban
Drainage and Flood Control District has made available $140,000
for permanent improvements to Lena Gulch; and
WHEREAS, To utilize the funds made available by the Urban
Drainage and Flood Control District requires matching funds from
the City of Wheat Ridge; and
WHEREAS, Sufficient funds are available in the City's
Capital Projects Fund, Unallocated Fund Balance to cover the
City's matching share of the permanent improvements.
NOW, THEREFORE, BE IT RESOLVED that:
Sec. 1.
authorized to
Urban Drainage
reach of flood
The mayor of the City of Wheat Ridge is hereby
execute an intergovernmental agreement with the
and Flood Control District to complete the next
control improvements to Lena Gulch.
DONE AND RESOLVED THIS 26th day of June, 1995
~~
DAN WILDE, MAYOR
ATTEST:
C\L/ ,-
:::::71. tL.~cL_
WANDA SANG, CITY
1
AGENDA ITEM RECAP
AGENDA ITER ~
June 12. 1995
Meeting Date
QUASI-JUDICIAL
Yes
---XL
No
___ PUBLIC HEARINGS
___ PROC./CEREMONIES
~ BIDS/MOTIONS
___ INFORMATION ONLY
CITY ADM. MATTERS
CITY ATTY. MATTERS
___ LIQUOR HEARINGS
PUBLIC COMMENT
ELEC. OFFICIALS MATTERS
ORDINANCES FOR 1ST READING
ORDINANCES FOR 2ND READING
RESOLUTIONS
AGENDA ITEM TITLE:
SUMMARY/RECOMMENDATION: Construction of the next reach of flood contro.
improvements to Lena Gulch. Recommend approval of matching funds with UDFCD tc
allow this construction.
ATTACHMENTS:
1) Memo from Bob Goebel
2) IGA
3) Resolution ,Lt 11
BUDGETED
ITEM:
Yes
XX
No
Fund
_Dept/Acct #
__Budgeted Amount $
___Requested Expend.S140.000.00
____Requires Transfer/ XX
Supp. Appropriation Yes
No
SUGGESTED MOTION:
I move that Resolution No. ~ be approved.
I further move that the Mayor be authorized to sign the Intergovernmental
Agreement with UDFCD.
I further move that $140,000.00 be allocated from the Capital Projects
Unallocated Fund Balance for this project.
MEMORANDUM
II Approved
Date
TO:
Robert Middaugh, City Administrator
Bob Goebel, Director of Public workS(~
Lena Gulch Flood Control Project .
FROM:
RE:
DATE:
June 1, 1995
On May 17, 1995, Lena Gulch overtopped its banks as a result of 16
days of steady rainfall, saturated soil, and the overtopping of the
Fabri-Dam at the Maple Grove Reservoir. Damage occurred to several
banks along the unimproved areas of the channel. A section of
major damage occurred just upstream of the completed improvements
near Quail Street on the Noble's property. To repair this damage
would cost approximately $100,000 to $125,000. Since this is in
the unimproved area of the channel, there would be no guarantee
that such damage would not recur at or very near the site if we
have a repeat of the conditions of the 17th.
Rather than spend a significant amount of dollars on a temporary
repair, I proposed to the Urban Drainage and Flood Control District
(UDFCD) that we look into completing the flood control improvements
to the channel through this reach. They have agreed and can divert
$140,000 of their Capital Project funds to this project this year.
To complete the project, we would have to contribute matching funds
which we have available in our Capital Unallocated Reserve account.
When final design is completed. an engineer's estimate will be done
to determine if the $280,000 is enough. We both may have to
increase our shares somewhat.
In this reach of Lena Gulch, the proposed flood improvements
consist of a major flow bypass channel through the Noble's
property. Minor flows would remain in the existing channel thereby
requiring only minor repair to the damage which occurred on May
17th. These repairs would not have to be constructed to withstand
the flows we had on that day. High flows would bypass in the major
channel which is designed to remain dry until water levels rise.
The City and UDFCD have acquired the necessary easements across the
Noble's property to construct these improvements. We may need to
acquire minor parcels from the Turner property and the Applewood
Baptist Church property to blend the existing channel into these
proposed improvements. I have spoken with Carol Noble about our
proposal and she is looking forward to the project getting started.
I anticipate that construction could begin as soon as August of
this year.
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_Da".cript.i.Qu._____ .
Agreement No. 95-06 08
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7/21/95
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available to the ENGINEER. The basic engineering design services shall include
the following work items:
A. ENGINEER shall provide to the DISTRICT an up-to-date design schedule,
Critical Path Method or approved substitute (bar graph), within 10 working
days after Notice to Proceed with this contract for review, evaluation and
approval by DISTRICT and CITY. It is the responsibility of the
ENGINEER to update this schedule as changes are made.
B. ENGINEER shall meet initially and periodically (approximately every other
week), as required by or coordinated through the DISTRICT, with the
representatives of DISTRICT and CITY to:
I. Insure services are in compliance with requirements of this Agreement.
2. Obtain data and general information as appropriate.
3. Obtain updated information if and as available, relative to new and
proposed development plans in the project area. A maximum of two
meetings may be held on-site to review and observe existing conditions
with DISTRICT and CITY.
C. ENGINEER shall modify design improvements to Lena Gulch Schedule V as
identified in the PLAN and additionally shall design restoration
improvements to the existing low flow channel through the project area.
ENGINEER shall further evaluate recommended improvements as identified
in the PLAN and develop a more detailed cost estimate for DISTRICT and
CITY review.
D. ENGINEER shall appropriately utilize CITY design standards and
specifications and the storm drainage criteria of DISTRICT in such a manner
that a coordinated system is the end result of the design. DISTRICT shall
advertise, award and monitor construction. D1STRICf contract "Boiler
Plate" shall be provided by D1STRICf prior to finalizing the design
modifications. Any modifications to the DISTRICT contract "Boiler Plate"
shall be made in the special conditions.
E. ENGINEER shall utilize the PLAN as a guide for the design modifications so
that a coordinated system is the end result of the design. Any deviations
from the final approved basic concept of the PLAN must be approved by
D1STRICf and CITY.
F. Where necessary and in the best interest of the Project, changes to the PLAN
may be submitted by D1STRICf and CITY for incorporation into final
design. Such changes shall be complete to the extent that they may be
transmitted to ENGINEER for final design purposes. Such changes, when
possible, shall be requested prior to ENGINEER's initiation of the affected
portions of the dcsigr:. Additional costs :0 the ENGINEER, if any, to
include the changes will be negotiated between DISTRICT and ENGINEER,
and made a part of this Agreement by Amendment, before commencing work
on the changes.
G. ENGINEER shall assist and provide available engineering data as requested
by DISTRICT for the submittal of application(s) to regulatory agencies for
permits and for the coordination required in order to obtain approvals from
local, state or federal agencies.
H. ENGINEER shall arrange for, supervise, coordinate, or prepare the special
service item described in Paragraph 4 which consists of right-of-way maps.
06/27/95 2
.
AGREEMENT
REGARDING ENGINEERING DESIGN SERVICES
FOR IMPROVEMENTS TO LENA GULCH SCHEDULE V,
CITY OF WHEAT RIDGE
Agreement No. 95-06.08
THIS AGREEMENT, mode this ,;1\ r\:-- day of TCe L~ ' 1995,
by and between the URBAN DRAINAGE AND FLOOD CONTROL i> TRICT (hereinafter
called "DISTRICT"); and SELLARDS AND GRIGG, INC., a professional engineering
corporation (hereinafter called "ENGINEER");
WITNESSETH:
WHEREAS, DISTRICT and CITY OF WHEAT RIDGE (hereinafter called CITY) in an
"Agreement Regarding Design, Right-of-Way Acquisition and Construction of Drainage and
Flood Control Improvements for Lena Gulch Schedule V, City of Wheat Ridge" (Agreement
No. 95-05.09) dated July 14, 1995, have agreed to jointly fund an engineering effort to
provide the necessary plans and specifications to construct proposed drainage and flood control
improvements on portions of Lena Gulch Schedule V; and
WHEREAS, DISTRICT and CITY have conducted a joint effort for final design and
delineation of required right-of-way for flood control improvements on Lena Gulch within
CITY (Agreement No. 77-3.3) dated March 15, 1977 (hereinafter referred to as "PLAN");
and
WHEREAS, DISTRICT and CITY desire to proceed with the construction of
Improvements to the next phase of Lena Gulch Schedule V within CITY.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Parties agree as follows:
I. EMPLOYMENT OF ENGINEER
DISTRICT shall engage ENGINEER and ENGINEER hereby agrees to perform
the services hereinafter set forth.
2. AREA
ENGINEER shall perform or supply all necessary services required under this
Agreement in connection with the design modifications and preparation of
construction drawings for a portion of Lena Gulch Schedule V extending from
approximately Station 63 + 50 to Station 69 + 50 (see Exhibit" A") using the
recommendations set forth in the PLAN as a guide.
3. SCOPE OF BASIC DESIGN SERVICES
The ENGINEER shall provide the basic engineering design services necessary for
the completion of a PLAN review and preparation of drawings and specifications
for the drainage and flood control improvements, as preliminarily set forth in the
PLAN. The PLAN shall be used as a guide for the design of improvements, but
changes may be made if appropriate after consultation with the DISTRICT and
CITY. The basic engineering design services, including drawings, specifications,
and all other related work, shall be complete in technical sufficiency and detail so
that contracts for construction may be awarded with no substantial changes or
delays and that construction can reasonably proceed through completion in a timely
fashion.
In addition, ENGINEER shall prepare a construction cost estimate, based upon
approved final plans and specifications and the most recent cost information
07/14/95 1
ENGINEER shall arrange for and coordinate the special service item
described in Paragraph 4 all utility investigations.
I. ENGINEER shall prepare final drawings on 22" x 34" mylar. The drawings
shall be detailed to show grading, structural work, mechanical work, and
associated features. Drawings may be hand or machine lettered in ink or
pencil, subject to approval of sample by DISTRICT after consultation with
CITY. Lettering shall be of a size and weight to allow reduction of drawings
to one-half size and to accommodate microfilming. Drawings shall include,
but not be limited to, the following:
1. Title Sheet. Title, agency names, signatures for approval, location and
vicinity maps, and sheet index.
2. General Sheet. Shall contain general notes, a legend, soil test legend,
and earthwork paylines.
3. Plan and Profile Sheets. Scales - Horizontal: I" = 50'; Vertical:
1" = 5'. Included on this sheet: Adjacent property lines, subdivision
names, lots and blocks; area topography; utility locations obtained
from data collected (including size when known and owners); survey
ties to known points including pertinent '.4 section comers within 1500
feet of storm sewer centerline; bench marks (reference if not on
drawings); bearings and distances of storm sewer centerline and curve
data; hydrologic and hydraulic data (based on the PLAN); right-of-way
widths; permanent and temporary easements; inlet locations; manhole
coordinates and other pertinent data. The plan and profile sheets
prepared for the PLAN will be reused by the ENGINEER.
4. Structural details, including pertinent design criteria.
5. Drop structure details.
6. Channel grading plan (l" = 50') and cross-sections. The plan sheet
prepared for the PLAN will be revised by the ENGINEER.
7. Utility modification details (does not include detail design and detail
drawings for modifications to electric, gas, cable television and
telephone utilities).
8. Enlarged plan views (l" = 20') for the following areas: drop
structures and existing low flow channel restoration improvements.
9. Logs of soil borings.
10. Standard drawings (manholes, inlets, curb/gutter/sidewalk).
J. ENGINEER shall prepare final specifications on 8 112" x 11" paper. The
specifications shall include as a minimum but not be limited to the following:
1. Title and signature sheet (cover).
2. Proposal forms, Notice for proposals, Instructions to Bidders.
3. Contract forms, Bond forms.
4. General contract conditions.
5. Special conditions.
6. Measurement and payment.
7. Soils Report.
8. Detail and technical specifications.
DISTRICT will furnish Items 2, 3 and 4 after consultation with CITY.
K. ENGINEER shall consider during, and include in the design, maintenance
requirements for the facilities.
06/27/95 3
L. ENGINEER shall consider the existing utilities identified by the utility
owners, and include in the design, the necessary ulility protection and
relocations as the result of the design. This does not include the detail design
of modifications to electric, gas, cable television and telephone utilities; but
does include the detail design of relocation of sanitary sewers and water
lines. Detail design for modifications to electric, gas, cable television, and
telephone utilities, if required, will be the responsibility of the respective
utility owners.
M. A field review of the design shall be held with ENGINEER, DISTRICT and
CITY prior to submittal of the plans and specifications to DISTRICT and
CITY. This meeting shall be a part of and included in the meetings
referenced in Paragraph 3.B.
N. ENGINEER shall present one copy to DISTRICT and CITY in written form,
in an orderly fashion, hydrologic data, hydraulic calculations, design criteria,
structural data and calculations, and other pertinent and appropriate design
information, calculations, and criteria used and/or developed during the
course of the design within 10 working days after acceptance of final plans
and specifications.
O. ENGINEER shall submit a total of three copies of drawings, and three copies
of specifications to DISTRICT, supported by an oral briefing, for review and
approval. One construction contract is anticipated. Additional costs to the
ENGINEER, if any, to include more than one construction contract will be
negotiated between DISTRICT and ENGINEER, and made a part or this
Agreement by Amendment, before commencing work on the change. Upon
receipt of comments of DISTRICT and CITY, ENGINEER will revise all
drawings, maps, and documents as necessary. ENGINEER shall submit the
original mylars of the final design drawings, one set of reproducible sheets of
the construction specifications, and one copy of the cost estimate to the
DISTRICT and CITY. Printing of the final copies of the drawings and
specifications for bidding is not a part of this Agreement.
4. SCOPE OF SPECIAL SERVICES
ENGINEER shall be responsible for providing special services which shall consist
of the following items:
A. Right-of-Way Surveying and Supplemental Field Survey
1. ENGINEER shall provide final detailed right-of-way maps of the
project area showing all existing right-or-way and those land parcels
held in private ownership to be acquired as permanent right-of-way,
construction easements and easements for continuing maintenance
access for approval by DfSTRICT and CITY. Right-of-way surveying
will be provided by ENGINEER. Each land parcel (permanent right-
of-way, construction easement, maintenance easement) to be acquired
shall be delineated on the right-of-way maps and cross referenced to the
final easement and right-of-way maps. The right-of-way maps will
also show the names of property owners, parcel areas, basic storm
sewer alignment, cut and fill slopes, and other physical construction
needed to clarify the maps.
The ENGINEER shall furnish all field surveys, records research,
except title reports, and calculations necessary for production of the
07/14/95 4
right-of-way maps. DISTRICT will be responsible for furnishing title
reports to the ENGINEER, if required.
The right-of-way maps shall be produced in duplicate on 22" x 34"
mylar sheets at a scale suitable for the work to be performed and
transmitted to DISTRICT and CITY for review and approval, and to
CITY for their use in acquiring the necessary easements and rights-of-
way. Right of way maps shall also be provided to DISTRICT in
AutoCad Version 12 as outlined in Paragraph 4.C.
2. ENGINEER shall provide advice and consultation to the DISTRICT
and CITY. The CITY will be responsible for making all offers and
negotiations for compensation, leases, etc.
3. Final easement and right-of-way maps will be developed. The maps
will indicate existing ownerships and the amount of acquisition
necessary for construction. Legal descriptions and maps (81/2" x 14")
will be prepared for each parcel recommended for acquisition. Each
land parcel (permanent right-of-way, construction easement,
maintenance easement) to be acquired shall be delineated by distances
and bearings of the private property lines, and along the boundaries of
the parcels to be acquired together with a definite tie, expressed as a
distance and bearing, to an aliquot corner. The number of parcels for
acquisition is estimated to be three (3).
4. All field survey, records, research and calculations shall be performed
and certified by a registered Land Surveyor in the State of Colorado.
5. Packets for each parcel shall be supplied to the DISTRICT and CITY
and shall contain the folIowing:
a. Calculations, legal descriptions, and land surveyor seal and
signature.
b. Composite map showing entire ownership and area to be
acquired.
c. Area of take and remainder.
d. Improvements affected or to be acquired.
6. All field surveys required for the work products described herein are
the responsibility of the ENGINEER.
7. The above work does not include setting of any monuments nor
temporary markers for delineating any of the parcels in the field.
8. The Right-of-Way Surveying costs enumerated in Paragraph 5.B.2. and
that portion of the cost of Basic Design Services (Paragraph 5.A.)
related thereto is based on all work being performed one time only.
Additional items or changes if required, shall be subject to the
CHANGES IN AGREEMENT Paragraph (14) of this Agreement.
B. Utility Investigations. ENGINEER, with the aid of the utility dig center,
"Utility Notification Center of Colorado" at 534-6700, DISTRICT and CITY
shall locate existing utilities in project area, identified by the utility owners,
prior to designing facilities in their vicinity. ENGINEER is entitled to rely
on the accuracy of the information provided by the utility companies without
independent review.
ENGINEER, with DISTRICT, shaII contact utility owners whose lines must
be relocated to discuss solutions for the relocation. The solution arrived at
07/14/95 5
after these discussions will be shown or noted on the design drawings. This
work does not include detail design and drawings for modifications to
electric, gas, telephone, and cable television; but does include detail designs
and drawings for relocations of sanitary sewers and water lines. DISTRICT
will provide copies of the final drawings during the review period to the
utility owners for their comments. Additional costs to the ENGINEER, if
any, to include the changes outside of the original scope of work will be
negotiated between DISTRICT and ENGINEER, and made a part of this
Agreement by Amendment, before commencing work on the change.
5. COST OF SERVICES
The total cost for Basic Design Services and Special Services, as set forth in this
Agreement, shall be based on actual costs but shall not exceed Thirty Four
Thousand Four Hundred Nine Dollars ($34,409) unless a change in the scope of
work is approved in accordance with the CHANGES IN AGREEMENT Paragraph
(No. 14) of this Agreement.
A. Basic Desil:o Services. The estimated cost of Basic Design Services, as set
forth in Paragraph 3 of this Agreement, shall be based on actual costs but
shall not exceed Twenty Four Thousand Eight Hundred Thirty Five Dollars
($24,835).
B. Special Services. The estimated cost of Special Services, as set forth in
Paragraph 4 of this Agreement, shall be based on actual costs, but shall not
exceed Nine Thousand Five Hundred Seventy Four Dollars ($9,574). The
estimated cost for each Special Service Item is as follows:
1. Right-of-Way Surveying and Supplemental Field Survey (4.A) $9,348
2. Utility Investigations (4.B.) 226
TOTAL COST $9,574
6. BASIS OF PAYMENT
The Basis of Payment for the Basic Design Services as set forth in Paragraph 3 of
this Agreement shall be on an hourly rate basis that includes overhead and profit
plus other out-of-pocket costs in effect at the time work is performed. The Basis
of Payment for Special Services as set forth in Paragraph 4 of this Agreement shall
be on an hourly rate basis that includes overhead and profit plus other out-of-
pocket costs. The above will be in accordance with the "General Schedule of
Rates" in effect at the time the work is performed but in no case shall total amount
exceed that given in Paragraph 5. A copy of the current "General Schedule of
Rates" is attached as Exhibit "B". Direct cost items and third party costs shall be
billed at actual cost.
7. METHOD OF PAYMEtIT
DISTRICT shall make payment for services performed in connection with this
Agreement as listed below. If billings are received by 5th of month, payment will
be by 25th of the same month. For all billings, ENGINEER shall keep work and
cost records that will permit easy comparison with work performed as specified in
each billing.
A. Basic Design Services. Payment shall be made by DISTRICT to
ENGINEER on a monthly basis upon submittal of a statement form
referenced to schedule, progress, tasks, hours and rates and amounts
enumerated in Paragraphs 3, 5 and 6 of this Agreement. Ten percent of
monthly billings shall be retained. Retainage amounts shall be released to
07/14/95 6
ENGINEER upon delivery and acceptance of final copies of drawings,
specifications, cost estimates and design data referenced in Paragraph 3.Q. of
this Agreement. Should the project schedule extend beyond the TIME OF
PERFORMANCE described in Paragraph 9, the ENGINEER may request
and the DISTRICT shall consider release of all or a portion of the retainage
amount previously withheld.
B. Special Services. Payment shall be made by DISTRICT to ENGINEER on a
monthly basis upon submittal of a statement from ENGINEER referenced to
work performed, tasks, individuals performing the work, billing rate, and
amounts enumerated in Paragraphs 4, 5 and 6 of this Agreement. There will
be no retain age on Special Services payments.
8. PERSONNEL
A. ENGINEER represents that they will use at the minimum, the following
personnel in performing the services under this Agreement:
NAME RESPONSIBILITY
Chuck McKnight, P.E. Project Manager
Shea Rawe Project Engineer
Any change in the above personnel must have approval of DISTRICT, which
approval shall not be unreasonably withheld.
B. All of the service required hereunder, except where specified, shall be
performed by ENGINEER's personnel, and all personnel engaged in the
services shall be fully qualified and shall be authorized under State or Local
Law to perform such services.
C. None of the services covered by this Agreement, except where specified,
shall be subcontracted without the prior approval of DISTRICT.
9. TIME OF PERFORMANCE
A. Review copies of all final design drawings, specifications and ENGINEER's
cost estimates shall be completed and submitted to DISTRICT and CITY
within 45 calendar days of notice to proceed, exclusive of any delays due to
reasons which are beyond the control of the ENGINEER, supported by an
oral briefing.
B. DISTRICT and CITY will review, evaluate and comment as appropriate, on
drawings, specifications, and maps. Comments or recommended revisions
will be forwarded through DISTRICT to ENGINEER within 15 days of
ENGINEER's submittal.
C. Upon receipt of comments of DISTRICT and CITY, ENGINEER will revise
all drawings, maps, and documents as necessary within 10 working days.
10. DIRECTION OF EFFORT AND COORDINATION
Notwithstanding any of the provisions of this Agreement, the Executive Director of
the DISTRICT shall, after coordination and approval of CITY, be the only
individual authorized to redirect the effort or in any way amend or modify the
terms of this Agreement. All such redirection shall be transmitted in writing and
directed to ENGINEER's Project Manager, and shall be subject to the provisions
of the CHANGES IN AGREEMENT Paragraph (No. 14) of this Agreement.
DISTRICT shall be responsible for coordinating information with CITY during the
performance of this Agreement.
07/14/95 7
II. OWNERSHiP OF DATA
The ownership of data, drawings, and information collected, acquired, and
documented under this Agreement shall be vested with the DISTRICT.
ENGINEER may retain one full set of final design drawings and contract
documents as information. Should DISTRICT see fit to make use of data,
drawings or information assembled under this Agreement for a use not intended
under the scope of this Agreement, DISTRICT shall assume all liability for such
use.
12. DURATION OF AGREEMENT
The duration of this Agreement shall be one year after acceptance of the plans and
specifications of all schedules.
13. TERMINATION OF AGREEMENT
This Agreement may be terminated by DISTRICT in coordination with and
approval of CITY or by ENGINEER upon seven (7) days' written notice. In the
event of termination, ENGINEER shall be paid for services performed to
termination date as determined by DISTRICT in conjunction and upon approval of
CITY. This payment shall be full satisfaction of all obligations to ENGINEER
under this Agreement.
14. CHANGES IN AGREEMENT
DISTRICT in coordination with and approval of CITY may, from time to time,
request changes in the scope of services of ENGINEER. Such changes, including
any increase or decrease in the amount of ENGINEER's compensation and/or time
of performance, after mutual agreement by and among DISTRICT and
ENGINEER, shall be incorporated in written amendments to this Agreement.
15. INSURANCE
During the performance of the work defined by this Agreement, the ENGINEER,
acting as an independent contractor, shall be solely responsible for procuring and
keeping in full force and effect the insurance listed below:
Insurance Minimum Limits
A. Comprehensive General $1,000,000 each occurrence and in
Liability the aggregate in combined single
limit coverage for bodily injury
and property damage
B. Professional Liability $250,000 each claim and in the
aggregate
C. Automobile Liability $600,000 each occurrence in
combined single limit coverage for
bodily injury and property damage
D. Workmen's Compensation
1. Workmen's Compensation statutory limits required by law
2. Employer's Liability statutory limits required by law
The limits of coverage listed above are as required by DISTRICT. ENGINEER
shall evaluate his own needs regarding higher levels of insurance.
Except for Professional Liability insurance, each type of insurance procured by
ENGINEER shall provide coverage for all claims arising out of, or in connection
with, any operations, work, or services performed under this Agreement by
ENGINEER, his employees, subconsullants, subcontractors, agents, or
representatives. ENGINEER's Professional Liability insurance shall provide
07/14/95
8
coverage for claims arising out of the negligent acts, errors and omissions of the
ENGINEER in the performance of its services under this Agreement. ENGINEER
may elect not to provide the above-specified coverage for his subconsultants or
subcontractors. In that event, ENGINEER shall require that the subconsultants or
subcontractors procure and maintain the same insurance coverage as set forth
above. All the project participants shall be listed as "additionally insured" on all
comprehensive liability insurance policy/certificates and all automobile liability
insurance policy/certificates. Under this Agreement the project participants are the
City of Wheat Ridge and the DISTRICT.
Certificates of Insurance showing the ENGINEER is carrying the above described
insurance shall be provided to the DISTRICT at the time of execution of this
Agreement. As necessary, certificates of insurance showing the subconsultants and
subcontractors are carrying the above described insurance shall be provided to the
DISTRICT within ten (10) days of beginning work by the subconsultant or
subcontractor pertaining to this Agreement. All the certificates of insurance shall
include language stating that should the insurance policy be canceled before its
expiration date the insurance company shall provide 30 days written notice to
DISTRICT. The costs of insurance shall be considered a part of the overhead costs
of the ENGINEER.
16. INDEMNIFICATION
Under this Agreement the project participants are the City of Wheat Ridge and the
DISTRICT. ENGINEER shall indemnify and save all project participants harmless
from and against claims, demands, liabilities, damages, suits, actions, or causes of
action including reasonable attorney's fees and costs which may be brought or
asserted against any or all of the above named on account of, by reason of, or
caused by the negligent acts, errors, or omissions in the performance of the work
under this Agreement by ENGINEER, his employees, subconsullants,
subcontractors, agents, or representatives together with any liability accrued by any
or all of the above-named on account thereof.
17. ASSIGNABILITY
This Agreement is for the expert professional services of the ENGINEER and is
not assignable, save and except with the consent of DISTRICT.
18. COST ESTIMATES
Any estimates of cost prepared by the ENGINEER pursuant to this agreement,
represent his judgment as a design professional and are supplied for the general
guidance of the DISTRICT and CITY. Since the ENGINEER has no control over
the cost of labor and material, or over competitive bidding or marketing
conditions, the ENGINEER does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to the DISTRICT and CITY.
19. NO DISCRIMINATION IN EMPLOYMENT
In connection with the performance of work under this Agreement, ENGINEER
agrees not to refuse to hire, discharge, promote or demote, or to discriminate in
matters of compensation against any person otherwise qualified, solely because of
race, creed, color, religion, sex, age, national origin or ancestry and further agrees
to insert the foregoing provision in all subcontracts hereunder. The ENGINEER
shall provide a list of subcontractors and which of those subcontractors are
Disadvantaged Business Enterprises (DBE) and the basis for determining or
07/14/95 9
defining the subcontractor as a DBE. The list shall be submitted prior to final
payment.
WHEREFORE, the Parties hereto have caused this inslrumentto be executed by
properly authorized signatories as of the date and year first above written.
ENGINEER
(SEAL)
4 I I //
By, .~J \~,_/!/AA/~'(
'}
Title I'r,c) I ,{ {,i
Date---f'.1) 1 {; / I {J if I
A TrEST:
~~.~
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
(SEAL)
By ~ J!;ll- ~~l, ~
ATrEST:
Title
Executive Director
"7/'2// qS-
,
Date
City 0 Wheat Rid e
'Dm:trJ\: (if fUF.'7LlL wor~
c.tT'( &k;1t-lE~e..
07/14/95
10
Exhibit A
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VICINITY MAP, CITY OF' WHEAT RIDGE, COLORADO
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UNUH DIUIIAOl AHO "000 COH1NOl
OII1NICT IUD ~ 'CCI 10UNOUY
GENERAL LOtA liON MAP
05123/95
~:;-FROM ~ELLARDS&GRIGG.INC. 3039860994
*
07-24-95 09:32AM TO UR8AN DRAINAGE 4557880
aJ14 P.l/l
JUL 24 '95 09:31AM
Sellards
&
Grigg, Inc.
COHSULTTIIO OICDIUU
EXHIBIT B
1995 RATE SCHEDULE-
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DIJt"Y NO. ClASSIFICATION HOURLY RATE
13 Principal $92.00
14 PrWipaJ SIUO
20 EaP-X $13.00
21 EaP-' IX 111.00
:u ~vm $71.00
23 Enai- VII $70.00
24 EnP-' Vi $067.00
2' Entl- v $061.00
26 uw- IV ~,.'"
27 En,;- m "1.'0
21 ~n 1041.'0
29 F.ap..r 1 131.00
30 Tedwliciea V / CAD Opcr. $044.00
Jl T.........IV / CAD Opor. 104\.23
33 TedDdea m I CAD Ope. SJ&.5O
" T............ n I CAD 0,.. 134.50
37 TodIaicUa 1/ CAD Oper. 131.50
3' Ta:Imic:iaa 0/ CAD Opor. 127.50
51 a.idoGI ~ m $ISO.'O
'2 ....... Enclnec n S$6.U
53 Keoidod ~ I S'3.00
'3 c:..-...Ai"" ~IV SJO.OO
S6 ~... ot....... ill $044.00
" ~...om.-U S40.00
51 ~ano.or-I 131.50
60 Survey MaDap "'.50
61 Pony Chic:f'1II 104'.00
n Pony Olioi'D SolO.OO
U Pony Chid'1 SlI.OO
64 ~IV SolO.OO
65 SUIW)'lIf ill 132.'0
66 Surw)rar II 121.50
61 SutwyarrrClCllllllcleaIl SolO.OO
69 &ur-yo./ T-micWt 1 S3fi.'0
73 Screwy II 132.'0
7' Secnsery I m.'o
77 Secnwy 0 $27.'0
79 Reproduclion ~ 121.00
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.1bis lICbedule ormlCS is effective January I, 1995.
I.J UnIoa Boulcvonl, SuM '700
Ukewood,. Colcnda 1022.
(303) '16-1"4
FAX ~16-09H