HomeMy WebLinkAbout10025RESOLUTION NO. 10025
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE LPA GROUP INC. RELATING TO DESIGN AND
ENGINEERING SERVICES IN THE AMOUNT OF $17,413 UNDER FEDERAL GRANT NO. 3-08-
0046-22 FOR SECURITY GATES AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo, a Municipal Corporation, and the LPA Group Inc. entered
into a Contract for engineering services at Pueblo Memorial Airport on August 27, 2001; and
WHEREAS, both parties wish to enter into an Agreement to include fees for design and
engineering services under Federal Grant No. 3-08-0046-22 for security gates at Pueblo Memorial
Airport; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A certain Agreement for Engineering Services, a copy of which is attached hereto and
made part thereof 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 Inc. relating to the
inclusion of fees for design and engineering services under Federal Grant No. 3-08-0046-22 for
security gates at Pueblo Memorial Airport, is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute the Agreement on behalf of
Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and
attest same.
SECTION 3.
Funds in the amount of $17,413 shall be paid from Project AP0302.
INTRODUCED December 22, 2003
BY Al Gurule/Councilperson
APPROVED: Bill Sova/President of City Council
ATTEST: Gina Dutcher/City Clerk
Background Paper for Proposed
RESOLUTION 10025
DATE: December 22, 2003
DEPARTMENT: AVIATION - JOHN B. O~NEAL, C.M.
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE LPA GROUP INC.
RELATING TO DESIGN AND ENGINEERING SERVICES IN THE AMOUNT OF
$17,413 UNDER FEDERAL GRANT NO. 3-08-0046-22 FOR SECURITY GATES AT
PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve an engineering agreement for security gates at Pueblo
Memorial Airport?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
City Council accepted a Federal Grant for security gates at Pueblo Memorial Airport on
August 11, 2003. This agreement is for the design and engineering portion of that
project. The project consists of the purchase and installation of three security gates and
associated computerized monitoring software.
FINANCIAL IMPACT
Funds in the amount of $17,413 for this agreement will come from Project AP0302. The
current balance of Project AP0302 is $276,168.
STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL ENGIlqEERING SERVICES
TI-lIE AGREEMENT made and entered this 22nd day of December ,2003,
by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner") and
THE LPA GROUP INCORPORATED, a professional engineering fhm (hereinafter "Engineer")
for Engineer to render certain professional en~neering and related services for Owner in
connection with Pueblo Memorial Airport, Taxiway Rehabilitation, 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:
x Study and Report Phase
x Preliminary Design Phase
x 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 sbal! include all usual and customary professional engineering consultation
and advice and the furnishing' (directly or through its professional consultants) of
customary and usual civil, structural, mechanical and electrical en~neering services.
En~neer shall also provide any architectural, landscape architectural and surveying
services incidental to its work on the Project.
1.2
In perforning 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 iecord set which shall be furnished to Owner and which
shall be signed by and bear the seal of such registered Professional Engineer.
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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, En~neer shall:
(1) Consult with Owner to determine his requirements for the Project and review · available data.
(2)
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.
(3)
Provide special analyses of Owner's needs, planning sUrVeys, site evaluations and
comparative studies of prospective sites and solutions.
(4)
Identify and analyze requirements of governmental authorities and regulatory
agencies involved in approval or permitting any aspect of Project.
(5)
Provide general economic analysis of Owner's requirements applicable to various
alternatives.
(6)
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.
(7)
Furnish two (2) copies of the Report and present and review it in person with
2.2
Preliminary Design Phase. If Engineer is to provide professional services with respect to
the Project during the Preliminary Design Phase, Engineer shall:
(1)
Consult with Owner and determine the general design concept and Project
requirements based upon information furnished by Owner as well as any study
Keport on the Project.
(2)
Prepare and submit to Owner preliminary design documents consisting of final
design criteria, preliminary drawings, an outline of specifications, and written
descriptions of all sisnificant features of Project.
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(3)
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.
(4)
Provide written disclosure to Owner of si~ificant design assumptions and design
Hsks inherent in or presented by design alternatives and make recommendations
to Owner based thereon.
(5)
Prepare and submit to Owner a prelimlnary cost estimate for the Project including
construction cost, contingencies, professional compensation, consultant fees, costs
of land and fights of way, compensation for damages and finance costs, if.any.
(6)
Engineer shall furnish two (2) copies of each above referenced submittal
docnment to Owner for Owner's use, and shall review same in person with
Owner.
2.3
Final Design and Bidding Phase. If En~neer is to provide professional services with
respect to the Project during the Final Design Phase, En~neer shall:
(1)
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 therefore. Such plans and specifications shall comply with all
applicable building codes and requirements of regulatory agencies having any
approval authority.
(2)
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.
(3)-
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.
(4)
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 fiuance costs, if any.
Prepare and submit to Owner draft forms of contract agreement, general and
special conditions, bid foims invitations to bid, infmmation 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
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advisable and feasible, owner's standard forro~ of agreement, warranty, payment
and performance bonds, general conditions and selected specifications.
(6)
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 correct errors, clarify drawings or specifications
or advise of changes two (2) copies of these final bid documents shall be
furnished to Owner.
(7)
Make recommendations to Owner concerning the need for pre-qualification of
equipment, vendors or bidders and if requested by Owner, incorporate pre-
qualification requirements in final bid and construction contract documents.
(8)
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.
(9)
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 En~neer's
advice.
2.4
Construction Phase. If Engineer is to provide professional services with respect to the
Project during the Conslxuction Phase, after award by the owner of a general contract or
contracts for construction of the Project, En~neer shall:
(1)
Perform all duties and functions to be performed by Engineer under the terms of
the construction conUact.
(2)
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.
(3)
Make determinations as to whether the work is proceeding in accordance and
compliance with the construction contract documents.
(4)
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.
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(5)
Reject any work on the Project that does not conform to the contract docnments.
(6)
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.
(7)
Review shop drawings, samples, product data and other submittals of the
contractor for conformance with the design concept of Project and compliance
with the Drawings, Specifications 'and all other contract documents, and indicate
to Contractor and Owner with respect thereto, any exceptions noted, or
modification or re-submittals required.
(8).
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 inapected 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.
(9)
Subject to written concurrence by Owner, promptly render a written
recommendation to Owner concerning all proposed substitutions of material and
equipment.
(10)
Draft, for Owner's consideration and offer recommendations, upon, all proposed
change orders and contract modifications.
(11)
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, diagramu and charts required by the
contract documents and issuing a certificate of final completion of the Project.
(12)
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 binrting 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 Responsibihties. This paragraph applies to all phases of Engineer's work.
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(1)
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.
(2)
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.
(3)
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.
(4)
Engineer shall be completely responsible for the safety of Engineers 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.
(5)
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 assigrunent 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.
(6)
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.
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
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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 timetable for achievement of interim tasks and final completion of
Project work, provided however, the Engineer will not be responsible for delays
beyond his control.
(7) 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".
2.6
Requirements Where Federal Assistance Provided. With respect to Engineer's services
and perfo.mance 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:
(1)
(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 alteiuates,
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 the 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;
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(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 my 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 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 deteJmlnation.
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 comphance 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
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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
un.~anitary, hazardous, or dangerous to his health and safety. These
requirements do not apply to the purchases of supplied 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;
(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);
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(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
in~ection is furnished by the Engineer;
(17) Supervise my.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 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;
(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 ori~nals 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:
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(1)
Tftle VI of the Civil Rights. Act of 1964 (P.L. 88-352) which
prohibits discrimination on the basis of race, color, or national
ori ;
(2)
Title IX of the Education Amenrlments of 1972, as amended (20
U.S.C. 1681-1683, and 1685-1686) which prohibits discrimination
on the basis of sex;
(3)
Section 504 of the Rehabilitation Act of 1973, as amended (28
U.S.C. 794) which prohibits discrimination on the basis of
handicaps;
(4)
The Age Discrimination Act of 1975, as amended (42 U.S.C.
6101-6107) which prohibits discrimination because of age;
(5)The Drag Abuse Office and Trealment Act of 1972 (P.L. 93-255),
as amended, relating to non-discrimination on the basis of drug
abuse;
(6)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;
(7)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;
(8)Title VIH 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;
(9)Any other non-discrimination provisions in the specific statute(s)
under which the application for Federal assistance is being made;
and
(10.)
The requirements on any other non-discrimination statute(s) which
may apply.
(28)
Incorporate into the proposed construction contract documents a
designation of all 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;
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(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 CFK 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;
(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.
(2)
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.
(3)
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 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:
(1)
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.
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Said representative shall not, however, have authority to bind Owner as to matters
of legislative or fiscal policy.
(2)
Advise Engineer of Owner's Project requirements including: objective, project
criteria, use and performance requirements, special considerations, physical
limitations, financial constraints and required eonstmction contract provisions and
standards.
(3)
Provide Engineer with available infommtion pertinent to the Project including any
previous reports, studies or data possessed by Owner which relates to design or
construction of the Project.
(4)
Assist in arranging for Engineer to have access to enter private and public
property as required for Engineer to perform his services.
(5)
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 peffmmance of this Agreement.
(6)
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.
(7)
Notify Engineer whenever Owner becomes aware of any substantial development
or occurrence which materially affects the scope or timing of Engineer's services.
(8)
Owner shall perfosm 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 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.
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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 mounts 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 maximnm 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 w/thin 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 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 shat1 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 neghgence.
5.6
Compensation for authorized work beyond the scope of this Agreement shall be governed
by Paragraph 2.5 (g).
SECTION 6. TERMINATION.
6. I
The Owner reserves the right to teiminate this Agreement and Engineer's performance
hereunder, at any time upon written notice, either for cause or for convenience. Upon
such termination, Engineer shall cease all work and stop incurring expenses and shall
promptly deliver to the Owner all data, drawings, specifications, repons, estimates,
calculations, snmmaries and all other infoimation 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 ail
services rendered and reasonable costs incurred to date of temfination; together with any
reasonable costs incurred within 10 days of termination provided such latter costs could
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not be avoided or were incurred in mitigating loss or expenses to Owner or Engineer. In
no event shall payment to Engineer upon tei-n:ination exceed the maximum compensation
provided for complete pefforrnanee 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 Seenrity Gates, 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 deterfined by Owner's Dirextor of Public Works for
services satisfactorily perfmmed and reimbursable expenses reasonably incurred, prior to
date oftem:ination.
6.4
Engineer's professional responsibility for his completed work and services shall survive
any termiuafion.
SECTION 7. GENERAL PROVISIONS.
7.1
Ownership of Documents. All designs, drawings, specifications technical data and other
documents or instalments procured or produced by the EnQneer in the performance of
this Agreement shall be the sole property of the Owner and the Owner is vested with all
fights 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 judginents arising from the use of such designs, drawings or specifications for such
other projext.
7.2 Insurance and Indemnity.
1)
Engineer agrees that he has procured and will maintain during the term of this
Agreement, such in.qurance as will protect him from claims under workers'
compensation acts, claims 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
Co).
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(2)
The minimum insurance coverage which En~neer shall obtain and keep in force
is as follows:
(1)
Workers' Compensation Insurance complying with statutory requirements
in Colorado and in any other state or states where the work is performed.
(2)
Comprehensive General and Automobile Liability lnsurance 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 and Five Hundred
Thousand (1,500,000.00) for excess umbrella liability.
(3) Professional Liability Insurance in mounts and form and with a
deductible, acceptable to Owner.
(3)
Engineer agrees to hold harmless, defend and indemnify Owner from and against
any liability to third parties, arising out of neghgent acts, errors or omissions of
Engineer, his employees, subcontractors and consultants.
7.3
Notices. Any and all notices or other commnnications 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 THE LPA GROUP INCORPORATED, 700 Huger Street,
Columbia, South Carolina 29201. 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 contain.q 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/or 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.
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.
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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 Oppommiw. 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
Severability. 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 0fthe 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.
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 fight to payment hereunder shall be deterlmined 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
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 one (1) page.
Appendix B - "Fee Schedule" consisting of one (1) page.
Appendix C - "Identification of Personnel, Subcontractors
Responsibility" consisting of one (1) page.
and Task
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IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the
day and year first above written.
CITY OF PUEBLO
THE LP~UP INCORPORATED
By: Bill Soya By:
President of the City Council
Dain A. Riley, P.E.
Title: Vice President
City CI~
[SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAH.ABLE.
Director of Finance
APPROVED AS TO FORM:
City Atto[m~'-~ ~
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APPENDIX A
SCOPE oF SERVICES
BASIC SERVICES
A
Study and Report Phase - As outlined in the Standard Form of Agreement
for Professional Engineering Services.
B
Preliminary Desiqn Phase - As outlined in the Standard Form of
Agreement for Professional Engineering Services.
C
Final Desi.qn and Biddin,q Phase - As outlined in the Standard Form of
Agreement for Professional Engineering Services.
II. ADDITIONAL/SPECIAL SERVICES
A
DBE Goal Services - Provide DBE goal services as necessary to assist
the Owner in preparing a DBE program which may be required in order to
receive state and Federal funding.
B
Grant Administration Services - Provide grant administration services as
necessary to assist the Owner with preparation of state and Federal grant
applications.
C
Field Surveying Services - Provide field surveying services to provide
necessary design data for the Project.
D
Geotechnical Services Provide geotechnical services to provide
necessary design 'data and recommendations for the Project.
E
Reproduction and Posta.qe - Provide reproduction and postage services
associated with copies of contract documents and specifications for use in
the Bidding Phase.
A-1 /
APPENDIX B
FEE SCHEDULE
BASIC SERVICES
1. Study and Report Phase $2,480.00
2, Preliminary Design Phase $12,460.00
3. Final DeSign Phase $218,250.00
4. Bidding Phase $12,32O.OO
Subtotal $245,510.00
B. ADDITIONAL/SPECIAL SERVICES
1. DBE Goal Services $1,080.00
2. Grant Administration Services $1,380.00
3. Field Surveying Services $11,5OO.OO
4. Geotechnical Investigation $17,25O.O0
5. Reproduction and Postage $2,8OO.OO
Subtotal $34,010.00
TOTAL $279,520.00
APPENDIX C
IDENTIFICATION OF PERSONNEL, SUBCONTRACTORS,
AND TASK RESPONSIBILITY
LPA Personnel Task Responsibility
Dain A. Riley, P.E. Project Manager
Terry Bumpus Project Engineer
Chadie Harrison/Brigid Williams Designer
Jim Farthing Designer/Construction Administration