HomeMy WebLinkAbout09372RESOLUTION NO. 9372
A RESOLUTION APPROVING A CONTRACT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE LPA GROUP INCORPORATED TO PROVIDE
ENGINEERING SERVICES FOR IMPROVEMENTS AT
PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
WHEREAS, Statement of Qualifications for Engineering services were requested and
received; and
WHEREAS, a committee was formed to evaluate these qualifications; and
WHEREAS, the committee selected THE LPA GROUP INCORPORATED as the most
qualified to serve the Pueblo Memorial Airport; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A Contract, a copy of which is attached hereto and made a part hereof by reference, after
having been approved as to form by the City Attorney, by and between the City of Pueblo, a
Municipal Corporation, and THE LPA GROUP INCORPORATED, a South Carolina
Corporation, to provide engineering services for improvements to Pueblo Memorial Airport is
hereby approved, subject to the conditions as set forth in said contract.
SECTION 2.
The improvements may include, but are not limited to, the following items
1. Rehabilitate Airfield Runway /Taxiway Lighting
2. Expand Taxiway Connectors in General Aviation Expansion Area
3. Rehabilitate General Aviation Apron
4. Rehabilitate Taxiways "E/F" and "G/H"
5. Grade Infield of Taxiways "E /F" and "G/H"
6. Overlay Runway 8L/26R
7. Remove RVZ Obstruction/Grade Primary Services
8. Improve Runway Safety Area
9. Taxi Lead -In Lane by City T- Hangar and Blitz Hangar
10. Engineering Services for any projects that may arise during contract
period.
SECTION 3.
The President of the City Council is hereby authorized to execute said Contract on behalf
of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto
and attest the same.
INTRODUCED: August 27, 2001
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APPROVED:
ATTESTED
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 4
DATE: August 21, 2001
DEPARTMENT: AVIATION -JOHN O`NEAL
TITLE
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO,
A MUNICIPAL CORPORATION, AND THE LPA GROUP INCORPORATED TO
PROVIDE ENGINEERING SERVICES FOR IMPROVEMENTS AT PUEBLO
MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve a contract between the City of Pueblo and THE LPA
GROUP INCORPORATED to provide engineering services for improvements at Pueblo
Memorial Airport.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
FAA Rules and Regulations require a public advertisement and selection of an airport
engineering firm. Advertisements were done requesting Statements of Qualifications and
eleven companies responded to the advertisement. A Selection Committee was
established consisting of Tom Cvar, Director of Public Works; Bill Moore, Senior
Transportation Planner; John O'Neal, Director of Aviation; Ed Chamberlin, Airport
Superintendent; and Connie DeVore, Airport Administrative Technician. The committee
determined that THE LPA GROUP INCORPORATED was the most qualified to serve
the Pueblo Airport needs. The Contract is for a term of three (3) years with a three (3)
year extension option.
FINANCIAL IMPACT
This Contract describes the engineering services to be provided, but does not include any
fees. As engineering services are required, fees will be negotiated and amendments to the
basic Contract will be brought forward to City Council as part of the project costs.
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CONTRACT
THIS CONTRACT entered into as of Augu 27 , 2001 between the City of Pueblo,
a municipal corporation,) City Hall Place, Pueblo, Colorado, 81003 (the "City ") and THE LPA GROUP,
INCORPORATED, a South Carolina corporation, 700 Huger Street, Columbia, SC 29201 (the
"Engineer'), WITNESSETH:
Recitals
A. The City owns the Pueblo Memorial Airport ( "Airport") and solicited competitive
proposals to provide architectural and engineering services and related incidental planning and special
services for future engineering services for projects at the Airport ("Request for Proposals").
B. Engineer submitted in response to the Request for Proposals its statement of qualification
and experience for architectural, engineering and planning services ( "Response ").
C. City has evaluated all Responses submitted and has determined to select Engineer to
perform architectural, engineering, and planning services for projects at the Airport.
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants, City and
Engineer agree as follows:
Engagement
(a) City engages Engineer and Engineer accepts such engagement to perform the
services set forth in this Contract and in the attached Standard Form of Agreement for Professional
Engineering Services ( "Standard Form of Agreement ") with respect to the following anticipated projects
(the "Projects").
(1) Rehabilitate Airfield Runway /Taxiway Lighting
(2) Expand Taxiway Connectors in General Aviation Expansion Area
(3) Rehabilitate General Aviation Apron
(4) Rehabilitate Taxiways "E/F" and "G/H"
(5) Grade Infield of Taxiways "E/F" and "G/H"
(6) Overlay Runway 8L/26R
(7) Remove RVZ Obstruction/Grade Primary Services
(8) Improve Runway Safety Area
(9) Taxi Lead -In Lane by City T- Hangar and Blitz Hangar
(10) Engineering Services for any projects that may arise during contract
period.
(b) City may in its sole discretion undertake any of the Projects. Upon written
direction from City, the Engineer shall complete and deliver to City the Standard Form of Agreement for
any of the Projects as specified by City.
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(c) Engineer shall prepare and submit with the Standard Form of Agreement for
each specified Project, Appendix A - Scope of Services, Appendix B - Fee Schedule, and Appendix
C - Identification of Personnel, Subcontractors and Task Responsibility.
(d) Within a reasonable time after receipt of the Standard Form of Agreement and
Appendixes, City will review same, perform appropriate cost and fee comparisons and analysis, and
advise Engineer if the Standard Form of Agreement and Appendixes are acceptable to City, or which
modifications or changes City requests with respect thereto.
(e) After mutual approval of the terms and provisions of the Standard Form of
Agreement and Appendixes, City will submit same to City Council of City for approval.
2. Term This Contract is for a term of three (3) years commencing September 1, 2001
and ending August 31, 2004. The term of this Contract may be extended for an additional period of
three (3) years upon mutual agreement of City and Engineer. This Contract may be terminated by
either party at any time, without cause or liability, upon ninety (90) days prior written notice given
to the other party specifying the date of termination, provided, however, that the termination of this
Contract shall not terminate or be deemed to terminate any then existing Standard Form of
Agreement executed by and between the parties with respect to any specified Project.
3. General Covenants Engineer covenants that it is
(a) competent and qualified to perform and will perform the services and work
contemplated by this Contract and the Standard Form of Agreement in a professional manner to the
satisfaction of City.
(b) familiar with the regulations and requirements of the Federal Aviation
Administration ( "FAA ") with respect to the services and work contemplated by this Contract and
Standard Form of Agreement and will perform such services and work in compliance therewith.
4. Records and Database Engineer shall maintain a cost accounting system acceptable
to City and FAA. The City, FAA, and the Comptroller General of the United States, or any of their
duly authorized representatives, shall have access to any books, documents, papers and records of
the Engineer which are directly pertinent or relate to this Contract or any Standard Form of
Agreement for a specified Project, for the purpose of making audit, examination, inspection, excerpts,
and transcriptions. The Engineer shall maintain such records for three years after City makes final
payments to Engineer and all pending matters are closed. Engineer shall prepare and maintain an
electronic database (compatible with Auto CAD) that accurately represents all existing and future
civil infrastructure for all Projects completed under this Contract and any Standard Form of
Agreement for a specified Project.
5. Specific Covenants Engineer covenants that, during the performance of this Contract
and any Standard Form of Agreement for a specified Project, Engineer will:
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(a) comply with all federal statutes and regulations relating to nondiscrimination
in federally assisted programs including without limitation the Airport and Airway Development Act
(49 USC §1730), Title VI of the Civil Rights Act of 1964 (P.L. 88 -352, Department of
Transportation Regulation 49 CFR Part 21, and Executive Order 11246 entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of
Labor regulations 41 CFR Part 60.
(b) comply with the provisions of Department of Transportation regulations 49
CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to
complete for and perform contracts financed in whole or in part with federal funds.
(c) comply with the Department of Transportation Trade Restriction regulations
49 CFR Part 30.
(d) comply with all other applicable federal, state and local laws and regulations.
6. Rights to Lnventio .a . All rights to inventions and materials generated under this
Contract or any Standard Form of Agreement for a specified Project are subject to regulation issued
by the FAA and Engineer shall comply with those regulations.
7. Insurance and Indemnity
(a) Engineer agrees that it has procured and will maintain during the term of this
Agreement, such insurance as will protect it and City from claims under workers' compensation acts,
claims for damages because of bodily injury including personal injury, sickness or disease or death
of any of its employees or of any person other than its employees and from claims or damages
because of injury to or destruction of property including loss of use resulting therefrom; and such
insurance will provide for coverage in such amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Engineer shall obtain and keep in
force is as follows:
(1) Workers' Compensation Insurance complying with statutory require-
ments in Colorado and in any other state or states where the work is
performed.
(2) Comprehensive Commercial and Automobile Liability Insurance with
limits not less than One Million and No /100 Dollars ($1,000,000.00)
per person and occurrence for personal injury, including but not
limited to death and bodily injury, One Million and No /100 Dollars
($1,000,000.00) per occurrence for property damage, and One Million
Five Hundred Thousand and No /100 Dollars ($1,500,000.00) for
excess umbrella liability.
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(3) Professional Liability Insurance in amounts not less than One Million
and No /100 Dollars ($1,000,000.00) covering services and work
performed by Engineer for City under this Contract and Standard
Form of Agreement for a specified Project.
(c) Engineer shall fiunish to City a certificate or certificates of insurance showing
compliance with this section 7. The certificates shall provide that the insurance shall not be changed
or cancelled until after ten (10) days written notice has been given to City. Engineer shall
immediately notify City of any substantial change in, or cancellation, or non - renewal of any such
insurance.
(d) Engineer agrees to hold harmless, defend and indemnify City from and against
any liability to third parties, arising out of negligent acts, errors or omissions of Engineer, its
employees, subcontractors and consultants.
8. Certifications Engineer certifies that
(a) Neither Engineer nor any of its principals are presently, or at the time of
execution of any Standard Form of Agreement for a specified Project will be, debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
Contract or in any such subsequent Standard Form of Agreement for a specified Project by any
Federal department or agency. Engineer will include this clause in all lower tier transactions,
solicitations, proposals, contracts, and subcontracts.
(b) Engineer is not owned or controlled by one or more citizens of a foreign
country included in the list of countries that discriminate against U.S. firms published by the Office
of the United States Trade Representatives and that it will comply with the Department of
Transportation trade restriction regulations 49 CFR Part 30. Engineer will include this clause and
other clauses required by said trade restriction regulations in all lower tier transactions, solicitations,
proposals, contracts and subcontracts.
9. Notices Any notice required or permitted by this Contract shall be in writing and may
be served personally or mailed by first -class mail, postage prepaid, addressed to the party at its
address shown on the first page hereof, and if to the City, a copy of thereof shall be given to John
O'Neal, Director of Aviation, 31475 Bryan Circle, Pueblo, Colorado, 81001. Either party may
change addresses upon written notice given to the other party specifying the changed address.
10. Financial Obligations of City All financial obligations of the City under this Contract
in any subsequent fiscal year of City are subject to and contingent upon funds being specifically
budgeted and appropriated for such purposes.
11. Miscellaneous
(a) This Contract shall be governed and interpreted in accordance with the laws
of the State of Colorado.
(b) In the event of any litigation arising out of this Contract, the court shall award
to the prevailing party its costs and reasonable attorney fees. Venue for any such litigation shall be
Pueblo County, Colorado.
(c) This Contract contains the entire agreement between the City and Engineer
and incorporates all prior written and oral understandings and agreements between the parties.
(d) This Contract may only be modified or amended by written instrument signed
by both City and Engineer.
(e) This Contract shall be binding upon and inure to the benefit of City and
Engineer and their respective successors and assigns, provided, however, engineer shall not assign
this Contract or any interest herein without the prior written consent of City.
12. FAA Review This Contract is subject to and contingent upon FAA review.
Executed the day and year first above written.
Atte t: B
City jerk
Approved as to form:
City Attorney
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Attest: �� �� B
Name: Z Me'e :. /
CITY OF PUE L,
A MN„IjCCIP 4PORATION
Of QiVy Council
THE LPA GROUP INCORPORATED
Name:
Title: l�,�c e f �R s ��
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STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT made and entered this day of
20 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") an d The
LPA Group Incorporated, a professional engineering firm (hereinafter "Engineer ") for Engineer to
render certain professional engineering and related services for Owner in connection with
, hereinafter
referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties
agree as follows:
SECTION 1. GENERAL
1.1 Engineer shall satisfactorily perform professional engineering services for all phases
of Project indicated below by mark placed in the appropriate box or boxes:
❑ - Study and Report Phase
❑ - Preliminary Design Phase
❑ - Final Design Phase including preparation of Bid Documents
❑ - Construction Phase
Upon completion of any phase, Engineer shall not proceed with work on the next phase, if any, until
authorized in writing by Owner to proceed therewith.
Such services shall include all usual and customary professional engineering consultation an d advice
and the furnishing (directly or through its professional consultants) of customary and usual civil,
structural, mechanical and electrical engineering services. Engineer shall also provide any
architectural, landscape architectural and surveying services incident to its work on the Project.
1.2 In performing the professional services, Engineer shall complete the work items
described generally in Appendix A - Scope of Services and the items identified in Section 2 of this
Agreement which are applicable to each phase for which Engineer is to render professional services.
1.3 Professional engineering services shall be performed under the direction and
supervision of a registered Professional Engineer in good standing and duly licensed to practice in the
State of Colorado. All reproductions of drawings produced under this Agreement shall be the same
as at least one record set which shall be furnished to Owner and which shall be signed by and bear
the seal of such registered Professional Engineer.
1.4 Surveying work included within or reasonably contemplated by this Agreement shall
be performed under the Direction and supervision of a registered Professional Land Surveyor in good
standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under
this Agreement shall be signed by and bear the seal of said Professional Land Surveyor.
SECTION 2. ENGINEER SERVICES
2.1 Study and Report Phase If Engineer is to provide professional services with respect
to the Project during the Study and Report Phase, Engineer shall:
available data. (a) Consult with Owner to determine his requirements for the Project and review
(b) Advise Owner as to the necessity of his providing or obtaining from others
data or services of the types described in paragraph 2.2(c), and assist Owner in obtaining any such
services.
(c) Provide special analyses of Owner's needs, planning surveys, site evaluations
and comparative studies of prospective sites and solutions.
(d) Identify and analyze requirements of governmental authorities and regulatory
agencies involved in approval or permitting any aspect of Project.
(e) Provide general economic analysis of Owner's requirements applicable to
various alternatives.
(f) Prepare a Report with appropriate exhibits indicating clearly the considerations
involved and the alternative solutions available to Owner, and setting forth Engineer's findings and
recommendations with opinions of probable costs.
(g) Furnish copies of the Report and present and review it in person with
Owner.
2.2 Preliminail Design Phase If Engineer is to provide professional services with respect
to the Project during the Preliminary Design Phase, Engineer shall:
(a) Consult with Owner and determine the general design concept and Project
requirements based upon information furnished by Owner as well as any study Report on the Project.
(b) Prepare and submit to Owner preliminary design documents consisting of final
design criteria, preliminary drawings, an outline of specifications, and written descriptions of all
significant features of Project.
(c) Prepare and submit to Owner a requirements checklist of any subsurface
investigation, additional data, permits, or other information and requirements which is anticipated will
be necessary for the design or construction of Project.
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(d) Provide written disclosure to Owner of significant design assumptions and
design risks inherent in or presented by design alternatives, and make recommendations to Owner
based thereon.
(e) Prepare and submit to Owner a preliminary cost estimate for the Project
including construction cost, contingencies, professional compensation, consultant fees, costs of land
and rights of way, compensation for damages and finance costs, if any.
(f) Engineer shall furnish copies of each above referenced submittal
document to Owner for Owner's use, and shall review same in person with Owner.
2.3 Final Design and Bidding Phase If Engineer is to provide professional services with
respect to the Project during the Final Design Phase, Engineer shall:
(a) After consultation with the Owner, receipt of Owner's selection of any design
options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final
Drawings showing the scope, extent and character of the work to be performed by contractors, and
Specifications describing such work and the requirement therefor. Such plans and Specifications shall
comply with all applicable building codes and requirements of regulatory agencies having any
approval authority.
(b) Make reasonable revisions to the Drawings and Specifications requested by
Owner, informing the Owner of any change in probable construction costs as a result of such
revisions.
(c) Provide technical criteria, written descriptions and design data for Owner's use,
and disclose any significant design risks inherent in or presented by design choices.
(d) Based upon Engineer's best professional judgment, prepare and submit to
Owner a current detailed cost estimate for the Project including construction cost, contingencies,
professional compensation, consultant fees, land and right of way costs, damages and finance costs,
if any.
(e) Prepare and submit to Owner draft forms of contract agreement, general and
special conditions, bid forms invitations to bid, information for bidders, forms of warranty and
including any special requirements imposed upon such contracts by any federal or other funding
source and by any regulatory agency. In preparing such draft forms, engineer shall consider and
incorporate, to the extent both advisable and feasible, owner's standard forms of agreement, warranty,
payment and performance bonds, general conditions and selected specifications.
(f) After review and comment by Owner, prepare and submit final forms of
contract agreement, general and special conditions, bid forms, invitations to bid, information for
bidders, and forms of warranty, together with any Addenda which may be required or appropriate to
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correct errors, clarify Drawings or Specifications or advise of changes. copies of these final
bid documents shall be furnished to Owner.
(g) Make recommendations to Owner concerning the need for prequalification of
equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements
in final bid and construction contract documents.
(h) Attend a pre -bid conference with bidders to discuss Project requirements and
receive requests for clarification, if any, to be answered by Engineer in writing to all plan holders.
(i) Consult with and make recommendations to Owner concerning: acceptability
of bidders, subcontractors, suppliers, materials, equipment, suitability of proposed "or equals ",
amount of bids and any other matter involved in consideration and review of bids and bidders upon
which Owner may reasonably request Engineer's advice.
2.4 Construction Phase If Engineer is to provide professional services with respect to
the Project during the Construction Phase, after award by the Owner of a general contract or
contracts for construction of the Project, Engineer shall:
(a) Perform all duties and functions to be performed by Engineer under the terms
of the construction contract.
(b) Visit the Project site, perform observations as to the progress and quality of
the work and advise the Owner as to same. The frequency and level of observation shall be
commensurate with the nature of the work and size of the Project, except that any specific provisions
set forth in Appendix A - Scope of Services concerning the level of observation shall determine
Engineer's obligation concerning level of observation.
(c) Make determinations as to whether the work is proceeding in accordance and
compliance with the construction contract documents.
(d) Promptly advise the Owner in writing of any omissions, substitutions, defects
or deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project.
(e) Reject any work on the Project that does not conform to the contract
documents.
(f) On request of the Owner, the construction contractor or any subcontractor on
the Project, issue written interpretations as to the Drawings and Specifications and requirements of
the construction work.
(g) Review shop drawings, samples, product data and other submittals of the
contractor for conformance with the design concept of Project and compliance with the Drawings,
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Specifications and all other contract documents, and indicate to Contractor and Owner with respect
thereto, any exceptions noted, or modification or resubmittals required.
(h) Review all applications of Contractor for payment and in connection with
same, issue certificates for payment to the Owner for such amounts as are properly payable under the
terms of the construction contract. Each such certificate shall constitute Engineer's representation
to Owner that he has inspected the Project and that to the best of his knowledge, the work for which
payment has been sought has been completed by Contractor in accordance with the Drawings,
Specifications and other contract documents.
(i) Subject to written concurrence by Owner, promptly render a written
recommendation to Owner concerning all proposed substitutions of material and equipment.
0) Draft, for Owner's consideration, and offer recommendations upon, all
proposed change orders and contract modifications.
(k) On application for final payment by the Contractor, make a final inspection of
the Project, assembling and delivering to the Owner any written guaranties, instructions manuals, as-
built drawings, diagrams and charts required by the contract documents, and issuing a certificate of
final completion of the Project.
(1) The Engineer shall if so provided in the construction contract, be the
interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon
written request of the Owner or Contractor, the Engineer shall promptly make written interpretations
of the contract documents and render written decisions on all claims, disputes and other matters
relating to the execution or progress of the work on the Project. The interpretations and decisions
of the Engineer shall be final and binding on the Contractor and Owner, unless the Director of Public
Works of the Owner shall, within seven calendar days after receipt of the Engineer's interpretation
or decision, file his written objections thereto with the Engineer and Contractor.
2.5 Additional Responsibilities This paragraph applies to all phases of Engineer's work.
(a) Engineer shall be responsible for the professional quality, technical accuracy,
timely completion and coordination of all of Engineer's work, including that performed by Engineer's
consultants, and including designs, Drawings, Specifications, reports and other services, irrespective
of Owner's approval or acquiescence in same. Engineer shall, without additional compensation,
correct or revise any errors, omissions or other deficiencies in his work.
(b) Engineer shall be responsible, in accordance with applicable law, to Owner for
all loss or damage to Owner caused by Engineer's negligent act or omission; except that Engineer
hereby irrevocably waives and excuses Owner and its attorneys from compliance with any
requirement to obtain a certificate of review as a condition precedent to commencement of an action,
including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute.
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(c) Engineer's professional responsibility shall comply with the standard of care
applicable to the type of engineering and architectural services provided, commensurate with the size,
scope and nature of the Project.
(d) Engineer shall be completely responsible for the safety of Engineer's employees
in the execution of work under this Agreement, shall provide all necessary safety equipment for said
employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits,
loss or injury to Engineer's employees.
(e) Engineer acknowledges that, due to the nature of engineering and related
professional services and the impact of same on the Project, the Owner has a substantial interest in
the personnel and consultants to whom Engineer assigns principal responsibility for services
performed under this Agreement. Consequently, Engineer represents that Engineer has selected and
intends to employ or assign the key personnel and consultants identified in Appendix C -
"Identification of Personnel, Subcontractors and Task Responsibility ", attached hereto for the Project
assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement,
Owner shall have the right to object in writing to employment on the Project of any such key person,
consultant or assignment of principal responsibility, in which case Engineer will employ alternate
personnel for such function or reassign such responsibility to another to whom Owner has no
reasonable objection. Thereafter, Engineer shall not assign or reassign Project work to any person
to whom Owner has reasonable objection.
Within 5 days of execution of this Agreement, Engineer shall designate in writing a Project
representative who shall have complete authority to bind Engineer, and to whom Owner should
address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization
from Owner to proceed, Engineer shall submit to Owner for approval a schedule showing the order
in which Engineer proposes to accomplish his work, with dates on which he will commence and
complete each major work item. The schedule shall provide for performance of the work in a timely
manner so as to not delay Owner's time table for achievement of interim tasks and final completion
of Project work, provided however, the Engineer will not be responsible for delays beyond his
control.
(g) Before undertaking any work which Engineer considers beyond or in addition
to the scope of work and services which Engineer has contractually agreed to perform under the
terms of this Agreement, Engineer shall advise Owner in writing (i) that Engineer considers the work
beyond the scope of this Agreement, (ii) the reasons the Engineer believes the out of scope or
additional work should be performed, and (iii) a reasonable estimate of the cost of such work.
Engineer shall not proceed with such out of scope or additional work until authorized in writing by
Owner. The compensation for such authorized work shall be negotiated, but in the event the parties
fail to negotiate or are unable to agree as to compensation, then Engineer shall be compensated for
his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule ".
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2.6 Requirements Where Federal Assistance Provided With respect to Engineer's services
and performance under this Agreement, and with respect to any other work performed by Engineer
on a phase of the Project receiving Federal financial assistance, the following provisions shall apply
and shall control over any other provision of this Agreement in conflict therewith:
(a) (49 CFR §18.36(i) and other requirements) In addition to all other
requirements of this Agreement, Engineer shall:
(1) Design the project in accordance with the intent of the Grant Award.
As used herein "Grant Award" shall mean the Financial Assistance provided by the Federal
Aviation Administration ( "FAA ") for the Project;
(2) Redesign the project in the event the preliminary cost estimate, the final
cost estimate, or the lowest responsive bid less deductive alternates, exceeds the funds
available by an amount or percentage to be mutually agreeable to the Owner and the
Engineer;
(3) Include in all contracts and subcontracts of amounts in excess of
$100,000 a provision which requires compliance with all applicable standards, orders, or
requirements issued under Section 306 of the Clean Air Act (42 U.S.C. § 1857(h)) and the
Federal Water Pollution Act (33 USC 1251 et. seq., as amended). Violations shall be
reported to the funding federal department and to the regional office of the U.S.
Environmental Protection Agency;
(4) Include in all contracts and subcontracts in excess of the small purchase
threshold of $100,000 provisions or conditions which will allow for administrative,
contractual or legal remedies in instances where contractors violate or breach contract terms,
and provide for such sanctions and penalties as may be appropriate;
(5) Include in all contracts in excess of $10,000 suitable provisions for
termination by the Owner including the manner in which it will be effected and the basis for
settlement. In addition, such contracts shall describe conditions under which the contract may
be terminated for default as well as conditions where the contract may be terminated because
of circumstances beyond the control of the contractor;
(6) Include in all contracts in excess of $10,000 a provision requiring
compliance with Executive Order 11246, entitled `Equal Employment Opportunity," as
amended by Executive Order 11375, and as supplemented in Department of Labor regulations
(41 CFR Part 60);
(7) Include in all contracts in excess of $2,000 for construction or repair
a provision for compliance with the Copeland "Anti- Kickback" Act (18 USC 874) as
supplemented in Department of Labor regulations (29 CFR, Part 3). This Act provides that
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each contractor or subrecipient shall be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled;
(8) Include in all construction contracts in excess of $2,000 a provision
for compliance with the Davis -Bacon Act (40 USC 276a to a -7) as supplemented by
Department of Labor regulations (29 CFR part 5). Under this Act contractors shall be
required to pay wages to laborers and mechanics at a rate not less than the minimum wages
specified in a wage determination made by the Secretary of Labor. In addition, contractors
shall be required to pay wages not less often than once a week. A copy of the current
prevailing wage determination issued by the Department of Labor must be included in each
solicitation and the award of a contract shall be conditioned upon the acceptance of the wage
determination. Davis -Bacon wage determinations are not applicable to "Force Account"
workers;
(9) Include in all contracts in excess of $2,000 for construction contracts
and in excess of $2,500 for other contracts which involve the employment of mechanics or
laborers, a provision for compliance with Sections 103 and 107 of the Contract Work Hours
and Safety Standards Act (40 USC 327 -330) as supplemented by Department of Labor
regulations (29 CFR, Part 5). Under Section 103 of the Act, each contractor shall be required
to compute the wages of every mechanic and laborer on the basis of a standard work week
of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate not less than 1 -1/2 times the basis rate of pay for all hours
worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to
construction work and provides that no laborer or mechanic shall be required to work in
surroundings or under working conditions which are unsanitary, hazardous, or dangerous to
his health and safety. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation
or transmission of intelligence;
(10) Include a notice in all contracts involving research, developmental,
experimental or demonstration work requiring that all patentable processes, discoveries or
inventions which arise or are developed in the course of, or under, such contract shall be
reported to FAA. The notice will state that the Government has an interest in any such
patentable processes, discoveries or inventions corresponding to the percentage of total
project cost funded by FAA;
(11) Include in all contracts (except those awarded by small purchase
procedures) a provision to the effect that the Owner, FAA, the Comptroller General of the
United States, or any of their duly authorized representatives, shall have access to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract, for the purpose of making audit, examination, excerpts, and transcriptions;
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(12) Include in all contracts a requirement that the contractor maintain all
relevant project records for three years after the Recipient has made final payment to the
contractor and all other pending matters are closed;
(13) Provide surveillance of project construction to assure compliance with
plans, specifications, and all other contract documents. If the Owner chooses to use the
Engineer as the project inspector, the requirements for construction inspection services shall
be clearly defined and a limit placed on the amount the Owner is required to pay for such
services;
(14) Design project work, and include provisions in construction contracts,
in order to comply with mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub.L. 94 -163);
(15) Include the standardized contract clauses required by 23 USC § 112(e)
in all construction contracts and bidding documents;
(16) Be responsible for any damages arising from any defects in design or
negligence in the performance of the construction inspection, if the inspection is furnished by
the Engineer;
(17) Supervise any required subsurface explorations such as borings, soil
tests, and the like, to determine amounts of rock excavation or foundation conditions, no
matter whether they are performed by the Engineer or by others paid by the Recipient;
(18) Attend bid openings, prepare and submit tabulation of bids, and make
a recommendation as to contract award;
(19) Review proof of bidder's qualifications and recommend approval or
disapproval;
(20) Prepare (draft) and submit to Owner proposed contract change orders
when applicable. There shall be no charge to the Owner when the change order is required
to correct errors or omissions by the Engineer;
(21) Submit a report not less frequently than quarterly to the Owner
covering the general progress of the job and describing any problems or factors contributing
to delay;
(22) Review and approve the contractor's schedule of amounts for contract
payment;
LOB
(23) Certify partial payments to contractors;
(24) Assure that a ten percent (10 %) retainage is withheld from all
payments on construction contracts until final acceptance by the Owner;
(25) Prepare "as- built" or record drawings after completion of the project.
Reproducible originals will be furnished to the Owner within 60 days after all construction has
been completed and the final inspection has been performed;
(26) Review and approve Contractor's submission of samples and shop
drawings, where applicable;
(27) Comply with all Federal statutes relating to non - discrimination. These
include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which
prohibits discrimination on the basis of race, color, or national origin;
b. Title IX of the Education Amendments of 1972, as amended
(20 U.S.C. 1681 -1683, and 1685 -1686) which prohibits discrimination on the
basis of sex;
C. Section 504 of the Rehabilitation Act of 1973, as amended (28
U.S.C. 794) which prohibits discrimination on the basis of handicaps;
d. the Age Discrimination Act of 1975, as amended (42 U.S.C.
6101 -6107) which prohibits discrimination because of age;
e. the Drug Abuse Office and Treatment Act of 1972 (P.L.. 93-
255), as amended, relating to non - discrimination on the basis of drug abuse;
f. the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating
to non - discrimination on the basis of alcohol abuse or alcoholism;
g. 523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. 290 dd -3 and 290- ee -3), as amended, relating to confidentiality of
alcohol and drug abuse patient records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et.
seq.), as amended, relating to non - discrimination in the sale, rental or
financing of housing;
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i. any other non - discrimination provisions in the specific
statute(s) under which the application for Federal assistance is being made;
and
j. the requirements on any other non - discrimination statute(s)
which may apply.
(28) Incorporate into the proposed construction contract documents a
designation of all of the different types of construction which will be used for the project; such
as Building, Heavy or Highway in accordance with all local and State laws and practices. For
this purpose either the plans, the specifications or both shall clearly delineate where each type
stops and another starts;
(29) Provide in all proposed construction contracts deductive alternates
which can be taken, if necessary, to reduce the bid price, so that the lowest responsive base
bid for construction of the project will not exceed the funds available;
(30) Design the facility to comply with the Americans with Disabilities Act
(ADA) (P.L. 101 -336) and the Accessibility Guidelines for Buildings and Facilities, as
amended, (36 CFR Part 191 and Executive Order 12699;
(31) Design for seismic safety in accordance with Executive Order 12699
which imposes requirements that federally assisted facilities be designed and constructed in
accordance with the 1991 ICBO Uniform Building Code or 1992 Supplement to the BOCA
National Building Code and /or 1991 Amendments to the SBCC Standard Building Code;
provided, however, that when the City of Pueblo has adopted a later version of any such
Code, the requirements of the adopted version shall be used;
(32) Provide sufficient plans, specifications, bid sheets, cost estimates,
design analysis, and other contract documents required for the project. The number of copies
to be furnished by the Engineer as part of his/her compensation for basic services shall be
specified; and
(33) Use forms for instructions to bidders, general conditions, contract, bids
bond, performance bond, and payment bond which meet FAA requirements.
(b) Engineer shall coordinate the advertisement for bids, and bid procedures for
the Project with Owner's Director of Purchasing. In preparing Contract Documents for
bidding, Engineer shall consult with the Director of Public Works of Owner.
(c) Paragraph 2.3(e) of the Agreement shall continue to apply to Engineer's
services, provided, however, that with respect to the Project, Owner's standard forms of
agreement, warranty, payment and performance bonds, general conditions and selected
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specifications shall be modified by special conditions, drafted by Engineer, to the extent
necessary in order that the same do not conflict with requirements applicable to the
construction documents by virtue of the financial assistance provided by FAA.
SECTION 3. OWNER'S RESPONSIBILITIES.
3.1 Owner shall:
(a) Designate a representative to whom all communications from Engineer shall
be directed and who shall have limited administrative authority on behalf of Owner to receive and
transmit information and make decisions with respect to Project. Said representative shall not,
however, have authority to bind Owner as to matters of legislative or fiscal policy.
(b) Advise Engineer of Owner's Project requirements including: objective, project
criteria, use and performance requirements, special considerations, physical limitations, financial
constraints, and required construction contract provisions and standards.
(c) Provide Engineer with available information pertinent to the Project including
any previous reports, studies or data possessed by Owner which relates to design or construction
of the Project.
(d) Assist in arranging for Engineer to have access to enter private and public
property as required for Engineer to perform his services.
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and
other documents presented by Engineer, and render written decisions pertaining thereto within a
reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental
engineering work or materials furnished hereunder shall not in any way relieve the Engineer of
responsibility for the professional adequacy of his work. The Owner's review, approval or
acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of
any rights under this Agreement or of any cause of action arising out of the performance of this
Agreement.
(f) Upon advice of the necessity to do so from Engineer, obtain required
approvals and permits for the Project. The Engineer shall provide all supportive documents and
exhibits necessary for obtaining said approvals and permits.
(g) Notify Engineer whenever Owner becomes aware of any substantial
development or occurrence which materially affects the scope or timing of Engineer's services.
(h) Owner shall perform its obligations and render decisions within a reasonable
time under the presented circumstances. However, given the nature of Owner's internal organization
and requirements, a period of 14 days shall be presumed reasonable for any decision not involving
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policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for
Owner to act with respect to any matter involving policy or significant financial impact.
SECTION 4. TIME FOR PERFORMANCE
Engineer's obligation to render services shall continue for such period of time as may
reasonably be required for completion of the work contemplated in Appendix A - Scope of Services
and Section 1 of this Agreement.
SECTION 5. PAYMENT
5.1 Owner will pay to Engineer as full compensation for all services required to be
performed by Engineer under this Agreement, except for services for additional work or work
beyond the scope of this Agreement, those maximum amounts set forth in Appendix B - "Fee
Schedule" and computed in accordance with this Section.
5.2 Engineer shall submit periodic, but not more frequently than monthly, applications for
payment, aggregating to not more than the maximum amount, for actual professional services
rendered and reimbursable expenses incurred. Such applications shall be submitted with appropriate
documentation that such services have been performed and expenses incurred. Thereafter, Owner
shall pay Engineer for the amount of the application within 40 days of the date of billing, provided
that sufficient documentation has been furnished, and further provided that Owner will not be
required to pay more than 90% of the maximum amount unless the Engineer's services on the Project
phases for which this Agreement is applicable have been completed to Owner's satisfaction and all
required Engineer submittals have been provided.
5.3 The rates of compensation for service and for reimbursable expenses to be used with
periodic and final payment applications shall be those set forth in Appendix B - "Fee Schedule."
5.4 No separate or additional payment shall be made for profit, overhead, local telephone
expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar
expenses unless otherwise provided and listed in Appendix B - "Fee Schedule."
5.5 No compensation shall be paid to Engineer for services required and expenditures
incurred in correcting Engineer's mistakes or negligence.
5.6 Compensation for authorized work beyond the scope of this Agreement shall be
governed by Paragraph 2.5(g).
SECTION 6. TERMINATION
6.1 The Owner reserves the right to terminate this Agreement and Engineer's performance
hereunder, at any time upon written notice, either for cause or for convenience. Upon such
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termination, Engineer shall cease all work and stop incurring expenses, and shall promptly deliver
to the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries and all
other information, and materials as Engineer may have accumulated in performing this Agreement,
together with all finished work and work in progress.
6.2 Upon termination of this Agreement for events or reasons not the fault of Engineer,
Engineer shall be paid at the rates specified in Appendix B - "Fee Schedule" for all services rendered
and reasonable costs incurred to date of termination; together with any reasonable costs incurred
within 10 days of termination provided such latter costs could not be avoided or were incurred in
mitigating loss or expenses to Owner or Engineer. In no event shall payment to Engineer upon
termination exceed the maximum compensation provided for complete performance in paragraph
5.1 and Appendix B.
6.3 In the event termination of this Agreement or Engineer's services is for breach of this
Agreement by Engineer, or for other fault of Engineer including but not limited to any failure to
timely proceed with work, or to pay its employees and consultants, or to perform services with that
level of care and skill ordinarily exercised by professional Engineers specializing in the design of
, or to perform work in a manner deemed
unsatisfactory by Owner's Director of Public Works, then in that event, Engineer's entire right to
compensation shall be limited to the reasonable value of completed work to the Owner as determined
by Owner's Director of Public Works for services satisfactorily performed and reimbursable expenses
reasonably incurred, prior to date of termination.
6.4 Engineer's professional responsibility for his completed work and services shall survive
any termination.
SECTION 7. GENERAL PROVISIONS
7.1 Ownership of Documents All designs, Drawings, Specifications, technical data, and
other documents or instruments procured or produced by the Engineer in the performance of this
Agreement shall be the sole property of the Owner and the Owner is vested with all rights therein
of whatever kind and however created, whether created by common law, statutory law, or by equity.
The Engineer agrees that the Owner shall have access at all reasonable times to inspect and make
copies of all notes, designs, drawings, specifications, and all other technical data pertaining to the
work to be performed under this Agreement. In the event Owner uses the designs, Drawings or
Specifications provided hereunder for another project independent from Project, without adaptation
by Engineer, Owner shall hold harmless and indemnify Engineer from all loss, claims, injury and
judgments arising from the use of such designs, Drawings or Specifications for such other project.
7.2 Insurance and Indemnity
(a) Engineer agrees that he has procured and will maintain during the term of this
Agreement, such insurance as will protect him from claims under workers' compensation acts, claims
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for damages because of bodily injury including personal injury, sickness or disease or death of any
of his employees or of any person other than his employees, and from claims or damages because
of injury to or destruction of property including loss of use resulting therefrom; and such insurance
will provide for coverage in such amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Engineer shall obtain and keep in
force is as follows:
(i) Workers' Compensation Insurance complying with statutory
requirements in Colorado and in any other state or states where the work is performed.
(ii) Comprehensive General and Automobile Liability Insurance with limits
not less than Four Hundred Thousand and No /100 Dollars ($400,000.00) per person and
occurrence for personal injury, including but not limited to death and bodily injury, Four
Hundred Thousand and No/ 100 Dollars ($400,000.00) per occurrence for property damage,
and One Million and No /100 Dollars ($1,000,000.00) for excess umbrella liability.
(iii) Professional Liability Insurance in amounts and form, and with a
deductible, acceptable to Owner.
(c) Engineer agrees to hold harmless, defend and indemnify Owner from and
against any liability to third parties, arising out of negligent acts, errors or omissions of Engineer,
his employees, subcontractors and consultants.
7.3 Notices Any and all notices or other communications required or permitted by this
Agreement or by law to be served on or given to either the Owner or the Engineer by the other party
shall be in writing and shall be deemed duly served and given when personally delivered to the party
to whom it is directed, or in lieu of such personal service when deposited in the United States mail,
first -class postage prepaid, addressed to the Owner, Attention: Tom Cvar, Department of Public
Works, 211 E. "D" Street, Pueblo, Colorado, or to the Engineer at
. Either party may change his address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner provided in this
paragraph.
7.4 Entire Agreement This instrument contains the entire agreement between the Owner
and the Engineer respecting the Project, and any other written or oral agreement or representation
respecting the Project or the duties of either the Owner or the Engineer in relation thereto not
expressly set forth in this instrument is null and void.
7.5 Successors and Assigns This Agreement shall be binding on the parties hereto and
on their partners, heirs, executors, administrators, successors, and assigns; provided, however, that
neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to
the Engineer may be assigned by him without the written consent of the Owner.
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7.6 Amendments No amendment to this Agreement shall be made nor be enforceable
unless made by written Amendment signed by an authorized representative of Engineer and by
Owner's Director of Public Works.
7.7 Choice of Law This Agreement shall be governed and interpreted in accordance with
the laws of the State of Colorado.
7.8 Equal Employment Opportunity In connection with the performance of this
Agreement, Engineer shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, disability or age. Engineer shall endeavor to
insure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, national origin, disability or age.
7.9 Seve_rabiliy If any provision of this Agreement, except for Section 2.5, is determined
to be directly contrary to and prohibited by law or the requirements of any federal grant or other
Project funding source, then such provision shall be deemed void and the remainder of the
Agreement enforced. However, it is the intent of the parties that Section 2.5 of this Agreement not
be severable, and that if any provision of said section be determined to be contrary to law or the
terms of any federal grant, then this entire Agreement shall be void.
7.10 Appropriations Subject to execution of this Agreement by the Director of Finance
certifying that a balance of appropriation exists and funds are available, the amount of money
appropriated for this Agreement is equal to or in excess of the maximum compensation payable
hereunder; provided, however, that if construction is phased and subject to annual appropriation,
funds only in the amount of initial appropriation are available and Engineer shall confirm availability
of funds before proceeding with work exceeding initial and subsequent annual appropriations.
7.11 Additional Requirements on Federally Funded Contracts If any of the work to be
performed by Engineer under this Agreement is funded in whole or in part with federal funds, then
this Agreement shall be construed to include all applicable terms required by the federal assistance
agreement and integrated federal regulations. By executing this Agreement, Engineer agrees to be
bound by all such mandatory federal requirements, irrespective of Engineer's actual knowledge or
lack of knowledge of such requirements prior to execution of this Agreement.
SECTION 8. DISPUTES
8.1 Any dispute or disagreement between Engineer and Owner arising from or relating
to this Agreement or Engineer's services or right to payment hereunder shall be determined and
decided by the Owner's Director of Public Works whose written decision shall be final and binding
unless judicial review is sought in a Colorado Court of competent jurisdiction pursuant to Rule 106,
C.R.C.P.
8.2 Pending resolution of any dispute or disagreement, or judicial review, Engineer shall
11 "
A
proceed diligently with performance of his work under this Agreement.
SECTION 9. APPENDICES
9.1 The following Appendices are attached to and made a part of this Agreement:
Appendix A - "Scope of Services" consisting of _ pages.
Appendix B - "Fee Schedule" consisting of _ pages.
Appendix C - "Identification of Personnel, Subcontractors and Task
Responsibility."
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of
the day and year first above written.
CITY OF PUEBLO ENGINEER
By By
President of the City Council
Attest:
City Clerk
Title:
[SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
Director of Finance
APPROVED AS TO FORM:
City Attorney
F: \CITY\AWORMPA- GRUP\PES- AGMT.WPD -17-