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HomeMy WebLinkAboutresolution.council.047-94 ,.. ., :5 (., ,()~ RESOLUTION NO. tJ::. Series of 1994 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN LEONARD RICE CONSULTING WATER ENGINEERS, INC. AND THE CITY OF ASPEN, COLORADO FOR PROFESSIONAL CONSULTATION SERVICES RELATING TO THE STORM SEWER REPLACEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a professional services agreement between Leonard Rice Consulting Water Engineers, Inc. and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that professional _ services agreement between Leonard Rice Consulting Water Engineers, Inc. and the City of Aspen, a copy of which is annexed hereto and incorporated herein, and does.. hereby ~..., \;., authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council Aspen on the/3 day o~ Q , 1994. of the City of ~~/;T. (J?~ Jolin S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Exhibit "A" 'Ie %, '" . This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and . Colorado ("Professional"). Leonard Rice Consulting Water Engineers, Inc., For and in consideration of the mutual covenants contained herein, the parties agree as follows: AGREEMENT FOR PROFESSIONAL SERVICES Denve 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth within this Request for Proposals and by this reference incorporated herein. 2. Comoletion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than NOVEMBER 23, 1994. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the perfor- mance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project This schedule, when approved by the City, shall not, ~.xcePt for reasonable cause, be exceeded by the Professional. 3. Pavrnent. In consideration of the work performed, City shall pay Professional $ 1 0, 1 00.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ,ten days from receipt of the Professiona- I's billing, the City understanding of the disposition of the issue. Professional's invoice shall be for the period ending the 25th day of each month. The invoice should be received by the City's project engineer no later than the 1st of each month. 4. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Profes- sional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to payor be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate this Agreement, ~i[hout specifying the reason therefor, by giving notice, in writing, addressed to the other .party, specifying the effective date of the termination. No fees shall be earned after the 'R.ffective date of the termination. Upon any termination, all finished or unfinished \WJocuments, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional shall become the property of the City. Notwith- standing the abow:, Professional shall not be relieved of any liability to the City for damages Sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not been employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For a breach or violation of this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shaH result in, or be construed as ..~stablishing an. employment relationship. Prof~ssional shaH be, and shall pe:fonn as, ~n \w:ndependent Contractor who agrees to use hIS or her best efforts to proVlde the saId ,~ services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, dealh, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner a connected with this contract, if such injury, loss, or damage is caused in whole or in part _ by, or is ~laimed to be caused In whole or in part by, the ~ct, omission, error, professional . error, mistake, negligence, or other fault of the ProfeSSIOnal, any subcontractor of the 29 ,.,.aProfessional, or any officer, em~loyee, repr~sent~tive, or agent of the Pr~fessional or. of ~.any subcontractor of the ProfessIonal, or which anses out of any workmen s compensatlOn 'c,. claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. The Professional also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain .insurance in sufficient amounts, duration, or types. . (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 6 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workmen's Compensation insurance to cover obligations imposed by applicable laws fOr any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE :HUNDRED THOU- SAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease. each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. ,. \. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS (1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be:applicable to all premises and operations. The policy shall include coverage for bodily injury, broad fonn property damage (including completed operations), personal injury 30 ~_. \?<;! ~. &rt...... . If; "i( ,.. '8'. \w ,~, (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope Elf Work. The policy shall contain a sevenibility of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of FIVE HUNDRED THOUSAND ($500,000) each claim and FIVE HUNDRED THOUSAND ($500,000) aggregate. (c) The policy or policies required in (ii) and (iii) above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy..of any policy and any endorsement thereto. 31 (g) The parties hereto understand and agree that City is relying on, and does not q_aive or intend to waive by any provision of this' contract, the monetary limitations '.presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., c.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return (.'' . eceipt requested, to: , City: Professional: Amy Margerum, City Manager Leonard Rice Consu1tinq Water Enqineers, Inc. City oEAspen 2401 Fifteenth Street, Suite 300 130 South Galena Street D"nv"r. co 8n?0?-114, Aspen, Colorado 81611 13. Non-Discrimination: penalty. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to . perform services under this contr,act. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can, be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invokfl"-any remedy 1,'11, available to it under this Agreement or by law despite any such forbearance or indulgence. ~ ;\." 32 - ~ 15. Execution of Agreement bv City. This agreement shall be binding upon all lWparties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the _. execution hereof and th.a~ aft~r execution no a~teration, change or modification shall be ~.made except upon a wntmg SIgned by the parlles. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. APPROVED AS TO FORM BY' U~'7~ D,"d, /' Ci ttorney t,/rf 114 e 33 - CITY OF ASPEN, COLORADO: Dated: Dated: PROFESSIONAL: ?;? e' Ji' <'~:, \z"" j- / ~l If.- ~ ./ l", Signat re Dated: Gregg S. Ten Evck Name. Typed President Title WITNESSED BY: ~/;// 1,v 1111/t1Lf I L b/6 ) 74. I i _4r.&; X&A'fYU~' , Signature Dated: 6-C: - f~ Linda Bahme i er Name. Typed 4., - Office Manaqer/Notarv TitJe K.'\194.:5.orl:'lisionSf9<I , e, A" "c~ ~ ~. Ice'" ,,{ V "-" ADDENDUM TO THE AGREEMENT FOR CONSTRUCTION/ PROJECT MANAGEMENT SERVICES 17.3 The following items are "Additional Services" for the ConstructionlProject Management portion of this Agreement: 17.3.1 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the ConstructionlProject Manager, in cooperation with the Owner, shall provide administration of the Contract for Construction as set forth below. 17.3.2 Provide administrative, management and related services as required to coordinate Work of the Contractor with the activities and responsibilities of the ConstructionlProject manager and the Owner to complete the Project in accordance with the Owner's objectives for cost, time and quality. Provide sufficient organization, personnel and management to carry out the requirements of this agreement. 17.3.2.1. Schedule and conduct pre-construction, construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Prepare and promptly distribute minutes. 17.3.2.2. Consistent with the Project Construction Schedule issued with the Bidding Documents, and utilizing the Contractor's Construction Schedule provided by the Contractor, update the Project Construction Schedule incorporating the activities of Contractor on the Project, induding activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery of products requiring long lead time procurement. Update and reissues the Project Construction Schedule as required to show current conditions and revisions required by actual experience. 17.3.2.3. Endeavor to achieve satisfactory performance from the Contractor. Recommend courses of action to the Owner when requirements of a Contract are not being fulfilled, and the nonperforming party will not take satisfactory corrective action. 17.3.3. Revise and refine the approved estimate of Construction Cost, incorporate approved changes as they occur, and develop cash flow reports and forecasts as tA \11' needed. 17.3.3.1. Provide regular monitoring of the approved estimate of Construction Cost, showing actual costs for activities in progress and estimates for uncompleted tasks, Identify variances between actual and budgeted or estimated costs and advise the Owner whenever projected costs exceed budgets or estimates. 17.3.3.2. Maintain cost accounting records on authorized Work performed under unit costs, additional work performed on the basis of actual costs of labor and materials, or other Work requiring accounting records. 17.3.3.3. Recommend necessary or desirable changes to the Owner, review requests for changes, assist in negotiating Contractor's proposals, submit recommendations to the Owner, and if they are accepted, prepare and sign Change Orders for the Owner's signature and authorization. 17.3.3.4. Develop and implement procedures for the review and processing of Applications by the Contractor for Progress and final payments. Make recommendations to the Owner for certification for payment. t-,', '\\W' 17.3.4 (Section deleted.) 17.3.5. Assist in obtaining building permits and special permits for permanent improvements, excluding permits required to be obtained directly by the Contractor. Assist in obtaining approvals from authorities having jurisdiction over the Project. 17.3.6. Determine in general that the Work of the Contractor is being performed in accordance with the requirements of the Contract Documents. Endeavor to guard the Owner against defects and deficiencies in the Work. As appropriate, require special inspection or testing, or make recommendations to the Owner regarding special inspection or testing, or make recommendations to the Owner regarding special inspection or testing, of Work not in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. Subject to review by the Owner, reject Work which does not conform to the requirements of the Contract Documents. 17.3.6.1. The ConstructionlProject Manager shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the Contractor in the performance of his Contract, and shall not be responsible for the failure of the Contractor to carry out Work in accordance with the Contract Documents. ~a, ., 17.3.7. Consult with the Owner if the Contractor requests interpretations of the meaning and intent of the Drawings and Specifications, and assist in the resolution of questions which may arise. e"" \ "< 17.3.8. Receive Certificates of Insurance from the Contractor and forward them to the Owner. 17.3.9. Receive from the Contractor and review all Shop Drawings, Product Data, Samples and other submittals. Coordinate them with information contained in related documents and transmit to the Owner those recommended for approval. In collaboration with the Owner establish and implement procedures for expediting the processing and approval of Shop Drawings, Product Data, Samples and other submittals. 17.3.10. Record the progress of the Project. Submit written progress reports to the Owner including information on the Contractor and the Contractor's Work, showing percentages of completion and the number and amounts of Change Orders. Keep a daily log containing a record of weather, Contractor's Work on the site, number of workers, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. Make the log available to the Owner. !fila' ~'" sz, 17.3.10.1. Maintain at the Project site on a current basis: a record copy of all Contracts, Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked to record all changes made during construction; Shop Drawings; Product Data; Samples; submittals; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which arise out of the Contracts or Work. Maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. Make all records available to the Owner. At the completion of the Project, deliver all such records to the Owner. 17.3.11. Arrange for delivery and storage, protection and security for Owner- purchased materials, systems and equipment which are a part of the Project, until such items are incorporated into the Project. - 17.3.12. When the ConstructionlProject Manager considers the Contractor's Work or a designated portion thereof substantially complete, the ConstructionlProject Manager shall prepare for the Owner a list of incomplete or unsatisfactory items and a schedule for their completion. The ConstructionlProject Manager shall assist the Owner in conducting inspections. After the Owner certifies the Date of Substantial Completion of the Work, the ConstructionlProject Manager shall coordinate the correction and completion of the Work. 17.3.13 Assist the Owner in determining when the Project or a designated portion <It ~, \11. .It Iii.,. \(\ ''Z;, KM94.5S thereof is substantially complete. Prepare for the Owner a summary of the status of the Work of the Contractor, listing changes in the previously issued Certificates of Substantial Completion of the Work and recommending the times within which Contractor shall complete uncompleted items on their Certificate of Substantial Completion of the Work. 17.3.14. Following the Owner's issuance of a Certificate of Substantial Completion of the Project or designated portion thereof, evaluate the completion of the Work of the Contractor and make recommendations to the Owner when Work is ready for final inspection. Assist the Owner in conducting final inspections. Secure and transmit to the Owner required guarantees, affidavits, bonds and waivers. Deliver all keys, manuals, record drawings and maintenance stocks to the Owner. 17.3.15. The extent of the duties, responsibilities and limitations of authority of the ConstructionlProject Manager as a representative of the Owner during construction shall not be modified or extended without the written consent of the Owner, the Contractor, and the ConstructionlProject Manager, which consent shall not be unreasonably withheld. .TORM SEWER REPLACENlENT ' ~i"" PROFESSIONAL SERVICES TO DESIGN & CONSTRUCTION/PROJECT MANAGE THE STORM SEWER REPLACEMENT AS DESCRIBED IN THE REQUEST FOR PROPOSALS. TO BE BILLED AT AN HOURLY RATE PER ATTACHED FEE SCHEDULE AT A TOTAL COST NOT TO EXCEED: PRELIMINARY DESIGN PHASE TOTAL BID: $ 1 ,500 TOTAL BID WRITTEN: One-thollc:;ann fivp-hllnnr'l">n :::Inn xx/OO-----------Dollars FINAL DESIGN PHASE TOTAL BID: $ 1.100 TOTAL BID WRITTEN: Three-thousand one hundred and (~ ~. xx/OO------------Dollars PUBLIC RELATIONS WORK INCLUDING BUT NOT LIMITED TO ACCESS AND TRAFFIC CONTROL PLA1"i, PUBLIC COORDINATION, ACQUISITION OF ACCESS. TEMPORARY CONSTRUCfION AND OTHER NEEDED EASENlENTS TOTAL BID: $ 700 TOTAL BID WRITTEN: Seven-hundrp.d Ann yy/nn--------n~11;::1;rc CONSTRUCfION/PROJECf MANAGEMENT & INSPECfION OF THE WORK TOTAL BID: $ 4,800 TOTAL BID WRITTEN: Four-rhnll",nd p;ghr-h.lndrpcl "nd I., '. xx/Oo-----------nnl1~r' 8 'e Ie'. ~\ ~ ~.. '. MEMORANDUM VIe. To: Mayor & City Council Amy Margerum, City Manager 1f~ John Worcester, City Attorney ~ Ro1=t Gffih, P,bl" W",,,, Drr'''"' tv Y Chuck Roth, Engineering Department C12- June 6, 1994 Thru: Thru: Thru: From: Date: Re: Contract for Professional Services - Storm Sewer Replacement Project Summary: The Engineering Department has advertised for proposals from professional design firms to design and perform the construction/project management of the Storm Sewer Replacement Project. City staff recommends that City Council approve the contract with Leonard Rice Consulting Water Engineers, Inc., to be billed at an hourly rate, total cost not to exceed $10,100. Previous Council Action: During the 1994 budget process, Council allocated $130,000 to replace approximately 370 feet of 36" of the Garmisch Street storm sewer main, alongside the Red Brick School. Financial ImDlications: City Council has budgeted $130,000 for design and construction of the storm sewer replacement. Proposed Motion: I move to approve the contract for design and construction/project management services of the Storm Sewer Replacement Project to Leonard Rice Consulting Water Engineers, Inc. City Manger Comments: ft1lf"l"5(ft71('~rf rr~.:> J .5 PI,,1/} , AI'/- c;rfL-;I4.t: ASci- I M94.2n ~