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10040
RESOLUTION NO. 10040 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 $279,520 FOR THE TAXIWAY REHABILITATION PROJECT 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 for the taxiway rehabilitation project 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 for the taxiway rehabilitation project 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 $279,520 shall be paid from Project APO401 within the 2004 Airport departmental budget. INTRODUCED January 26, 2004 BY Michael Occhiato � /00 cI-0 ED l� Background Paper for Proposed RESOLUTION AGENDA ITEM # 3 DATE: January 26, 2004 DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E. 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 $279,520 FOR THE TAXIWAY REHABILITATION PROJECT AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an engineering agreement for the taxiway rehabilitation project at Pueblo Memorial Airport. RECOMMENDATION Approval of this Resolution. BACKGROUND Under the Airport's Capital Improvement Plan for FY2004, the medium intensity taxiway lighting system to Runway 26 and the taxiway pavement for parallel taxiway to Runway 26 are to be rehabilitated. City Council approved a federal grant application for this project on November 24, 2003. The FAA requires that the project be placed out to bid prior to issuing the grant so that the grant is issued based on the bid amount. In order to place the project out to bid, the design and engineering phase will need to be completed. FINANCIAL IMPACT Funds in the amount of $279,520 shall be paid from Project APO401 within the 2004 Airport departmental budget. STANDARD FORM OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made and entered this 26th day of January 20 04, by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and 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 Pueblo Memorial Airport, Taxiway Rehabilitation, hereinafter referred to as the "Project ", as outlined in Appendix A - "Scope of Services ". 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 and 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 incidental 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- 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: (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 Owner. 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 Report 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 significant features of Project. -2- (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 significant design assumptions and design risks inherent in or presented by design alternatives and make recommendations to Owner based thereon. (5) 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. (6) Engineer shall furnish two (2) 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: (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 finance costs, if any. (5) 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 IR11 advisable and feasible, owner's standard forms 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 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: (1) Perform all duties and functions to be performed by Engineer under the terms of the construction contract. (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. -4- (5) Reject any work on the Project that does not conform to the contract documents. (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 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. (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, diagrams 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 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. -5- (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 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. (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 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. (6) 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 M 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 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: (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 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 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; -7- (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 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 10 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 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); (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 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 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: -10- 1. 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; 2. 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; 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 Drug Abuse Office and Treatment 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 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; 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; -11- (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; (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. -12- 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 construction contract provisions and standards. (3) 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. (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 performance 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 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 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. -13- 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 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 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 -14- 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 - "Fee Schedule ". 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 Airfield Engineering Design, 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. (1) 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 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). -15- (2) The minimum insurance coverage which Engineer 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 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 and Five Hundred Thousand (1,500,000.00) for excess umbrella liability. (3) Professional Liability Insurance in amounts 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 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 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 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/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. 9['9 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 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 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. 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 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 four (4) pages. Appendix B - "Fee Schedule" consisting of one (1) page. Appendix C - "Identification of Personnel, Subcontractors, and Task Responsibility" consisting of one (1) page. Appendix D - "Scope of Project Sketch" consisting of one (1) page. -17- 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 LPA GROUP INCORPORATED By: Randy Thurston President of the City Council Attest: City L'Ie [SEAL] By: Dain A. Riley, P.E. Title: Vice President BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. " �L - ", - Director of Finance APPROVED AS TO FORM: City Attorn SE:11 APPENDIX A SCOPE OF SERVICES I. GENERAL PROJECT SCOPE The scope of the Project consists of the rehabilitation of Taxiways B, C, E, F, G, H, K, and L, as depicted in Appendix D - "Scope of Project Sketch ". These taxiways represent approximately 95,000 square yards of existing pavement surface. In addition to the rehabilitation of the pavement surfaces, new taxiway edge lighting and wiring will be installed. Edge lighting shall consist of the replacement of existing fixtures and transformers, replacement of wiring, counterpoise and ground rods. Existing signs will not be replaced but new transformers and wiring will be provided. Wiring from the field will be routed through the existing duct system via the most expeditious route and connected to the regulators in the lighting vault. Work for the Project also includes removal and realignment of Taxiway J. Some deviation from the alignment shown in Appendix D - "Scope of Project Sketch" should be anticipated to ensure that the final design does not violate accepted FAA design criteria. Major elements of construction for this taxiway will include pavement removal, earthwork, base stone placement, bituminous paving, and taxiway edge lighting. It is anticipated that rehabilitation measures will include placement of a crack relief layer and a bituminous concrete overlay. Milling of the existing pavement surface is anticipated at tie in locations, as well as areas that require corrections to bring them into FAA accepted grade criteria. For each taxiway rehabilitated and for the relocated Taxiway J a new under drain system will be installed. This system will consist of a perforated pipe encased in a porous aggregate filter media surrounded by a non -woven filter cloth. The under drain system will be tied into existing drainage structures closest to the work area. In addition to the above described work the Engineer will examine the infield area between Runways 26R and 26L in the vicinity of Taxiways F and H to determine if regrading of these turf areas will improve the line of site between the associated taxiways and the control tower. Grading plans for these areas will be included in the final plan documents. II. BASIC SERVICE A. Study and Report Phase - During this phase of the design, the Engineer will obtain the services of a geotechnical and survey subconsultant to perform their respective tasks associated with the final design of the Project. The Engineer will meet with the Owner's designated representatives to determine specific project requirements and desires regarding airfield operational requirements, program funding, as -built drawings of existing facilities, possible order of award for additive bids, location of contractor access routes, staging areas, etc. These A -1 discussions will be performed on site at a design kick -off meeting. Establishment of airfield procedures as to security and coordination with the Air Traffic Control Tower for the Engineer and subconsultants will be included in this phase of the work. The geotechnical subconsultant will perform field services in accordance with FAA Advisory Circular 150/5320 -6D. Field borings will be located randomly along the length of the taxiways at approximately 200 foot spacings. Borings will be extended to a depth 10 feet below finished grade. Data will be collected in regards to blow counts, water table depth, and pavement thickness, as well as samples for laboratory testing. Laboratory testing will include Atterberg limits, sieve analysis, proctor tests, California Bearing Ratio tests, and water soluble sulfates. In addition to generalized visual observations of the pavement conditions, the finished report will contain discussion of generalized subsurface conditions, recommended dewatering methods, existing pavement thickness, remedial measures for unsatisfactory soil conditions, overlay thickness recommendations, and all field and laboratory test data. The survey subconsultant will perform field surveys consistent with the requirements necessary to complete the design of the Project as described in Section I above. During this portion of the design the subconsultant will include in the finished survey cross - section data along the taxiway at 50 foot minimum intervals, provide utility descriptions and locations to be incorporated into the plans (based upon Feld location by the owner of the utility), storm drain size and location in the immediate vicinity of the Project surface drainage features, airfield lighting and navigational aids within the Project limits, pavement markings, and soil borings. Survey data will be transmitted via sealed hard copy and electronic media. B. Preliminary Design Phase - Tasks to be accomplished during this phase shall include the establishment of the general design concept, identification of any permits and or fees required, as well as a detailed project budget. Options for the final location and configuration of Taxiway J will also be presented. This work shall be presented to the Owner in the form of preliminary drawings, specifications and written cost estimates. At that time any pertinent design alternatives will be presented to the Owner, along with their risks and associated costs. Alternatives as to construction sequencing and phasing will be presented at that time. Recommendations from the Engineer as to how to proceed with any identified alternates will also be presented. The Engineer will also inform the Owner at that time if any of the work required to complete the plans and specifications for bidding is outside of the original scope of the Project and will require additional engineering fees. C. Final Design and Bidding Phase - This phase of the work shall include preparation of plans and specifications suitable for presentation to potential A -2 bidders and for use to construct the Project. During this phase the Engineer shall also assist the Owner in obtaining competitive bids for the work in accordance with local procurement regulations. The Engineer will also prepare and submit on the Owner's behalf all permit applications required for completion of the Project during this phase of the design. Drawings to be produced shall consist of a Cover Sheet, Project Layout and Safety Plans, General Notes and Quantities, Typical Sections, Drainage and Miscellaneous Details, Staking and Demolition Plans, Grading and Drainage Plans, Profile and Marking Plans, Cross Sections, and Lighting Plans. Specifications shall consist of Mandatory Submittal Checklist, Licensing Requirements, Advertisement for Bids, Request for Quotations, Bid and Contract Forms, Special Provisions, Labor Provisions, General Provisions, General Provisions for FAA Project, and Technical Specifications. Copies of the Project Specifications will be provided to the Owner for distribution to the Owner's designated representative to ensure that the contract language, insurance requirements, and bonding requirements are consistent with local procurement regulations. In addition to the Project plans and specifications, the Engineer shall prepare and submit to the Owner an Engineer's Report detailing the design criteria implemental in the design, alternatives studied, a construction cost estimate, geotechnical investigation data, and any deviations from FAA standard design criteria not corrected by the Engineer's design. Prior to advertising the Project for bid, the Engineer shall submit to the Owner and FAA a pre -final set of plans and specifications. Comments from the Owner and FAA consistent with sound engineering practice will be incorporated into the design prior to advertisement to potential bidders. Concurrence from FAA in the final design plans and specifications will be obtained prior to advertisement. At the conclusion of the final design phase the Engineer will furnish the Owner two complete sets of plans, specifications, and Engineer's Report signed and sealed by a registered Colorado engineer. The Owner will then have available two complete sets of documents available for potential bidders to review during the bidding phase. The Engineer will then furnish bidders upon request and receipt of a non - refundable fee to cover printing and postage costs documents for use in submitting a bid. During the Bidding Phase of the Project the Engineer shall attend and conduct a pre -bid conference to explain and discuss the scope and requirements of the contract. The Engineer shall also attend the bid opening. As part of the Bidding Phase Services, the Engineer shall issue clarifications to the contract documents, as well as any addenda deemed necessary. The Engineer will also submit to the Owner a tabulation of the bids received with a recommendation as to whether to award the Project or re -bid. A -3 D. Construction Phase At the time of this Agreement the construction duration of the Project has not been established. The exact duration and construction phasing /sequence of work will be determined during the Preliminary Design Phase services portion of the Project. In that the budget for Construction Administration, Resident Inspection, and Quality Assurance Testing is dependant on the construction duration, no Construction Phase Services are included in this Agreement. Construction Phase Services will be negotiated at a later time and may be added via a separate agreement or through an amendment to this agreement. Construction Phase services will include sealed as -built reproducible drawings and electronic files. III. MISCELLANEOUS SERVICES As part of this Agreement, during the Design and Bidding Phase the Engineer will utilize the construction estimate for the Project and develop the goal for Disadvantaged Business Enterprises for participation in the Project to be included in the bidding documents. The Engineer shall also assist the Owner in preparing Federal and State grant applications to obtain funding for the Project. IV. ADDITIONAL SEVICES Services not included in this agreement include investigation of and replacement of the existing drainage system, payment of any permit fees, design of additional electrical home run duct systems, design of or consolidation of lighting vault regulators, preparation of a Disadvantaged Business Enterprise Plan for submission to the FAA, and FAA grant closeout documents or accounting services required for grant administration. A-4 APPENDIX B FEE SCHEDULE A. 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 $12,320.00 Subtotal $245,510.00 B. SPECIAL SERVICES (AS DEFINED BY FAA) * 1. DBE Goal Services $1,080.00 2. Grant Administration Services $1,380.00 3. Field Surveying Services $11,500.00 4. Geotechnical Investigation $17,250.00 5. Reproduction and Postage $2,800.00 Subtotal $34,010.00 TOTAL $279,520.00 * Special services are included in the total contract amount. APPENDIX C IDENTIFICATION OF PERSONNEL, SUBCONTRACTORS, AND TASK RESPONSIBILITY LPA Personnel Dain A. Riley, P.E. 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