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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. /"?ft1N I1NAINA,;E AND ,{-7.001) Cl.JNTRO/. llJ5TR.1CT /;leo I-vEST 26TH AVENUE .:;UITE] ~)6b 11>:NVEP ( YJLC)l:.?]\ lJC} f3 U ~_, }1 1 r:T.EPHCJNE (., U.3 ) Jl ~cJ:" 'j 2. '? 'I 1 ~"AN;.;.t1n'Ti\L..Ll~TTl;:E ]) 1c 1u.1y u iJ 11 -:: '.1 1 9 9~) ]",;'! t C~ Ci 1E ] ,,_d:-) C:;'oebe.l r F: ] 11 1. ~_ ~ c t. u.l r I! p! I b 1 i c Wr.J l' k:::~ \ lty r::)f '\'\'heat }<,jdr;~E) ('~IUf.l W8Sl, .:.()th I\v8nl}~3 hlllE~clt F<'idqo C() BOO:J_i ',Ub-) Get 1"'-:0':-1 l__;ulch :::>ch,_~dillc: \,1 xx "') 1 i.:.>tud b",).lIIW whj '_:ll dr() t.ransmi t t,E:Jd, Here"1 i th f(n your Under separate /,,~,Ipru\!dl XX Jnf()rrnccttton...'Files 'j hu j t;._~lH;:;:-, 1 ~- t: urn PI:~ViE)W, CUmnl(::":jnts COVOl fen' :lour A.. 1 i"n, l'ur thEir ]..1 oces;:-:;inq Curx'ections )'8visiollS :c:JqnatuT",'1 Eo) Ot h~)r L'j !)etllrnerl herewith ^PfJll~ved Ap~roved As Noted For r8visi.on .llld Posubmitta.1 llisar)r)rl~)v~?d OtiH'lr I i l:3!l1.::i t 1 .:; n;:-:~rn i t t ~.:::d ll:,piQ~> J _Da".cript.i.Qu._____ . Agreement No. 95-06 08 . _ Dat "Lcl __ 7/21/95 .R',;>Jl.l<:ll:j(,S 1 -::l J 1 t l.l._.'ll<..i.L C(;lnrHOn t ::::; p,ob - Your CC)~)'}/ ~ !'f ~~j JJAV] n ItJ,_I_~~'E~) I' E (hi"t Desiqn /, r:on,,~trllction I I !F":/ t,n 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 AU Cl'" -----.,,'-- --...... .,.~ p'" III 8 ~..""'-.. tt\llll. ....-...J..---.......... -. ..~ I - ..........,r- a ~ z ~ o >- WHEAT RIDGE - ~ " 3 ~ VICINITY MAP, CITY OF' WHEAT RIDGE, COLORADO o .... ,.ICAIII .... -II tOCA"" ..., 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- ~f:3i~lf~f4r=#.~~.~fi1~i~~~~~1!fi:~#t~~;;aS~[;T~;~~.~~~!t~~~J;ili1f~~:;;;;;rl~r;.~~~tt&~~l;'~f ~~;~...rtIirrE~:~~~~~;1E5I~# 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 $27.'0 79 Reproduclion ~ 121.00 ,. ~~1~~~~$~~\~~E!*\U.*~~~~~J~~~i:~t~1;3 So.wwy VcIDdca I . - VdUdca . Odw SO.,.otmi!ll Sll.JOlmile Sll.3O/mile ~~f~;vJ;;~Y;r~~~~~~:};~.E15fhf:~ EDMI IBM c-puw om.. Campulcr NM CAD P\cu (Vorl.) S25.oo.1Jour 1'.00_ 1'.00",.,.., SS.OO.S20.OO ..dl ~O]ti$~~?~~~~~~~~~ni:!.;~:i~jt4ijt;;;1: B/ue u.. ... ~1.MyIu x.- (I I"'.,. II, x- (I 1"'." 14, o-m. ~('I"'.,,", ~(lI"'.,.14, VeJIunI Sll.11I~ $0.23...11. S1.OOIIqJl. SO. 10 ..... SO.IO..dl $0.15 coc:Ia SO.5O ..... $0.1' ..dl SO.3,..... .~fljTE,.;~.:t.~~:~:~~~....,.--~.~~::~:=~~~..;"~~..!':~~ , _ ~~...~,,...;.f:+:I:':-"'"~~~,:O:,,;~..~:1:...~~~,,.:~...~~~;:$.~l'M,:4..MI.t:..,..'1...... . _. .;.:..~. :., .......~.~~~~:~~":":"~~~~>:I:':~.'=':':':':':':':':t:~':':':'~~~:~~~~:..:..~ Hut. LoIh PK Naill Waad SIMa ow.-. Rehu SIII'WY Cap ~c.p. SO.20 ..m SO.4O cod! $0.20 ad1 SO. U oodt $0.60 .:It S1.00 ..m ".00 eadI 12.00 eadl ~~~S.ULT~;~4~i~~E.;~~M~~~~!i~tt:tl! Q..I ",... I&~ (!Am 7/;;W /9.5'" .1bis lICbedule ormlCS is effective January I, 1995. I.J UnIoa Boulcvonl, SuM '700 Ukewood,. Colcnda 1022. (303) '16-1"4 FAX ~16-09H