HomeMy WebLinkAbout10223RESOLUTION NO. 10223
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND SHORT
ELLIOTT HENDRICKSON, INC. FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE
PUEBLO MEMORIAL AIRPORT CORPORATE HANGAR SITE DEVELOPMENT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement dated September 13, 2004, a copy of which is attached hereto, after
having been approved as to form by the City Attorney, by and between Pueblo, a Municipal
Corporation and Short Elliott Hendrickson, Inc., is hereby approved.
SECTION 2_
Funds for said professional services shall be paid from Account No. 413 - 0000 - 465.71 -10
as authorized by Resolution No. 10157.
SECTION 3.
The President of the City Council is hereby authorized to execute the said Agreement on
behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto
and attest the same.
INTRODUCED September 13. 2004
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 9
DATE: SEPTEMBER 13, 2004
DEPARTMENT: PUBLIC WORKS
DIRECTOR — DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO AND SHORT ELLIOTT HENDRICKSON, INC., FOR PROFESSIONAL
SERVICES ASSOCIATED WITH THE PUEBLO MEMORIAL AIRPORT
CORPORATE HANGAR DEVELOPMENT
ISSUE
Should the City Council enter into an agreement with Short, Elliot, Hendrickson, Inc. for
the purpose of performing engineering services for the development of a corporate hangar
compound at the Pueblo Memorial Airport.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
By Resolution Number 10157, City Council authorized funding for the initial
development of a corporate hangar complex at the Pueblo Memorial Airport. This
contract will provide the engineering services necessary to construct the site work for
said complex.
FINANCIAL EUPACT
The cost of this service is $75,830.00 and will be paid from the half cent sales tax fund.
An additional $11,375.00 is requested for contingencies, for a total of $87,205.00.
city of
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Project Number: 04 -074
Project Title:
Pueblo Memorial Airport
Corporate Hanger Development
Project Location:
Pueblo Memorial Airport, Pueblo County
STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT made and entered this 13 dayof 2004
by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Short Elliott
Hendrickson, Inc., a professional engineering firm (hereinafter 'Engineer') for Engineer to render
certain professional engineering and related services for Owner in connection with the Pueblo
Memorial Airport Corporate Hangar Development Project, Project No. 04 -074, hereinafter referred to
as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as
follows:
SECTION 1. GENERAL
1.1 Engineer shall satisfactorily perform professional engineering services for all phases
of Project indicated below by mark placed in the appropriate box or boxes:
® - Study and Report Phase
® - Preliminary Design (Schematic) 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 services and the
furnishing (directly or through its professional consultants) of customary and usual civil, structural,
mechanical, electrical engineering, environmental, architectural and planning services. Unless
expressly excepted in Appendix A hereto, Engineer shall also provide any other 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 (whether furnished directly or through a professional
consultant subcontract) 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.
Reproductions of final drawings for construction produced under this Agreement shall be the same as
at least one record set which shall be furnished to Owner and which shall be signed by and bear the
seal of such registered Professional Engineer.
1.4 Surveying work included within or reasonably contemplated by this Agreement shall
be performed under the direction and supervision of a registered Professional Land Surveyor in good
standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under
this Agreement shall be signed by and bear the seal of said Professional Land Surveyor.
1.5 Any architectural services provided under this Agreement shall be performed under
the direction and supervision of an architect duly licensed and authorized.
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:
(a) Consult with Owner to determine his requirements for the Project and review
available data.
(b) Advise Owner as to the necessity of his providing or obtaining from others
data or services of the types described in paragraph 2.2(c), and assist Owner in obtaining any such
services.
(c) Provide special analyses of Owner's needs, planning surveys, site evaluations
and comparative studies of prospective sites and solutions.
(d) Identify and analyze requirements of governmental authorities and regulatory
agencies involved in approval or permitting any aspect of Project.
(e) Provide general economic analysis of Owner's requirements applicable to
various alternatives.
(f) Prepare a Report with appropriate exhibits indicating clearly the considerations
involved and the alternative solutions available to Owner, and setting forth Engineer's findings and
recommendations with opinions of probable costs.
(g) Furnish copies of the Report (see Appendix A) and present and review it in
person with Owner.
2.2 Preliminary Design (Schematic) Phase If Engineer is to provide professional services
with respect to the Project during the Preliminary Design Phase, Engineer shall:
(a) Consult with Owner and determine the general design concept and Project
requirements based upon information furnished by Owner as well as any study Report on the Project.
(b) Prepare and submit to Owner preliminary design documents consisting of final
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10� design criteria, preliminary drawings, an outline of specifications, and written descriptions of all
significant features of Project.
(c) Prepare and submit to Owner a requirements checklist of any subsurface
investigation, additional data, permits, or other information and requirements which is anticipated
will be necessary for the design or construction of Project.
(d) Provide written disclosure to Owner of significant design assumptions and
design risks and advantages /disadvantages inherent in or presented by design alternatives, and make
recommendations to Owner based thereon.
(e) Prepare and submit to Owner a preliminary cost estimate for the Project
including construction cost, contingencies, professional compensation, consultant fees, costs of land
and rights of way, compensation for damages and finance costs, if any.
(f) Engineer shall furnish copies of each above referenced submittal document to
Owner for Owner's use (see Appendix A), and shall review same in person with Owner.
2.3 Final Design and Bidding Phase If Engineer is to provide professional services with
respect to the Project during the Final Design Phase, Engineer shall:
(a) After consultation with the Owner, receipt of Owner's selection of any design
options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final
Drawings showing the scope, extent and character of the work to be performed by contractors, and
Specifications describing such work and the requirement therefore. Such plans and Specifications
shall comply with all applicable building codes and requirements of regulatory agencies having any
approval authority. Final design, including Drawings and Specifications, shall also comply with
ADA Accessibility Guidelines (ADAAG) Manual developed by the U. S. Architectural and
Transportation Barriers Board (1998) or ADA Standards for Accessible Design published at 28
C.F.R. Part 36, Appendix A, whichever is applicable.
(b) Make reasonable revisions to the Drawings and Specifications requested by
Owner, informing the Owner of any change in probable construction costs as a result of such
revisions.
(c) Provide technical criteria, written descriptions and design data for Owner's use,
and disclose any significant risks and advantages /disadvantages inherent in or presented by design
choices.
(d) Based upon Engineer's best professional judgment, prepare and submit to
Owner a current detailed cost estimate for the Project including construction cost, contingencies,
professional compensation, consultant fees, land and right of way costs, damages and finance costs, if
any.
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(e) Prepare and submit to Owner draft forms of contract agreement, general and
special conditions, bid forms invitations to bid, information for bidders, forms of warranty and
including any special requirements imposed upon such contracts by any federal or other funding
source and by any regulatory agency. In preparing such draft forms, engineer shall consider and
incorporate, to the extent both advisable and feasible, owner's standard forms of agreement, warranty,
payment and performance bonds, general conditions and selected specifications.
(f) After review and comment by Owner, prepare and submit all deliverables
identified in Appendix A to this Agreement, final forms of contract agreement, general and special
conditions, Drawings, specifications, 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. Copies of these final bid documents shall be
furnished to Owner (see Appendix A).
(g) Make recommendations to Owner concerning the need for prequalification of
equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements
in final bid and construction contract documents.
(h) Attend a pre -bid conference with bidders to discuss Project requirements and
receive requests for clarification, if any, to be answered by Engineer in writing to all plan holders.
'^ (i) Consult with and make recommendations to Owner concerning: acceptability
of bidders, subcontractors, suppliers, materials, equipment, suitability of proposed "or equals ",
amount of bids and any other matter involved in consideration and review of bids and bidders upon
which Owner may reasonably request Engineer's advice.
2.4 Construction Phase If Engineer is to provide professional services with respect to the
Project during the Construction Phase, after award by the Owner of a general contract or
contracts for construction of the Project, Engineer shall:
(a) Perform all duties and functions to be performed by Engineer under the terms
of the construction contract.
(b) Visit the Project site, perform observations as to the progress and quality of the
work and advise the Owner as to same. The frequency and level of observation shall be
commensurate with the nature of the work and size of the Project, except that any specific provisions
set forth in Appendix A - Scope of Services concerning the level of observation shall determine
Engineer's obligation concerning level of observation.
(c) Make determinations as to whether the work is proceeding in accordance and
compliance with the construction contract documents.
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�— (d) Promptly advise the Owner in writing of any omissions, substitutions, defects
or deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project.
(e) Reject any work on the Project that does not conform to the contract
documents.
(f) On request of the Owner, the construction contractor or any subcontractor on
the Project, issue written interpretations as to the Drawings and Specifications and requirements of
the construction work.
(g) Review shop drawings, samples, product data and other submittals of the
contractor for conformance with the design concept of Project and compliance with the Drawings,
Specifications and all other contract documents, and indicate to Contractor and Owner with respect
thereto, any exceptions noted, or modification or resubmittals required.
(h) Review all applications of Contractor for payment and in connection with
same, issue certificates for payment to the Owner for such amounts as are properly payable under the
terms of the construction contract. Each such certificate shall constitute Engineer's representation to
Owner that he has inspected the Project and that to the best of his knowledge, the work for which
payment has been sought has been completed by Contractor in accordance with the Drawings,
Specifications and other contract documents.
(i) Subject to written concurrence by Owner, promptly render a written
recommendation to Owner concerning all proposed substitutions of material and equipment.
0) Draft, for Owner's consideration, and offer recommendations upon, all
proposed change orders and contract modifications.
(k) On application for final payment by the Contractor, make a final inspection of
the Project, assembling and delivering to the Owner any written guaranties, instructions manuals, as-
built drawings, diagrams and charts required by the contract documents, and issuing a certificate of
final completion of the Project.
(1) The Engineer shall if so provided in the construction contract, be the
interpreter of the construction documents and arbiter of claims and disputes there under. 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.
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2.5 Additional Responsibilities This paragraph applies to all phases of Engineer's work.
(a) Engineer shall be responsible for the professional quality, technical accuracy,
timely completion and coordination of all of Engineer's work, including that performed by Engineer's
consultants, and including designs, Drawings, Specifications, reports and other services, irrespective
of Owner's approval or acquiescence in same. Engineer shall, without additional compensation,
correct or revise any errors, omissions or other deficiencies in his work.
(b) Engineer shall be responsible, in accordance with applicable law, to Owner for
all loss or damage to Owner caused by Engineer's negligent act or omission; except that Engineer
hereby irrevocably waives and excuses Owner and its attorneys from compliance with any
requirement to obtain a certificate of review as a condition precedent to commencement of an action,
including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute.
(c) Engineer's professional responsibility shall comply with the standard of care
applicable to the type of engineering and architectural services provided, commensurate with the size,
scope and nature of the Project.
(d) Engineer shall be completely responsible for the safety of Engineer's
employees in the execution of work under this Agreement, shall provide all necessary safety
equipment for said employees, and shall hold harmless and indemnify and defend Owner from any
and all claims, suits, loss or injury to Engineer's employees.
(e) Engineer acknowledges that, due to the nature of engineering and related
professional services and the impact of same on the Project, the Owner has a substantial interest in
the personnel and consultants to whom Engineer assigns principal responsibility for services
performed under this Agreement. Consequently, Engineer represents that Engineer has selected and
intends to employ or assign the key personnel and consultants identified in Appendix C -
"Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project
assignments and areas of responsibility stated therein. Within 10 days of execution of this
Agreement, Owner shall have the right to object in writing to employment on the Project of any such
key person, consultant or assignment of principal responsibility, in which case Engineer will employ
alternate personnel for such function or reassign such responsibility to another to whom Owner has
no reasonable objection. Thereafter, Engineer shall not assignor 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.
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i-- (f) Promptly after execution of this Agreement and upon receipt of authorization
from Owner to proceed, Engineer shall submit to Owner for approval a schedule showing the order in
which Engineer proposes to accomplish his work, with dates on which he will commence and
complete each major work item. The schedule shall provide for performance of the work in a timely
manner so as to not delay Owner's time table for achievement of interim tasks and final completion of
Project work, provided however, the Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Engineer considers beyond or in addition
to the scope of work and services which Engineer has contractually agreed to perform under the terms
of this Agreement, Engineer shall advise Owner in writing (i) that Engineer considers the work
beyond the scope of this Agreement, (ii) the reasons the Engineer believes the out of scope or
additional work should be performed, and (iii) a reasonable estimate of the cost of such work.
Engineer shall not proceed with such out of scope or additional work until authorized in writing by
Owner. The compensation for such authorized work shall be negotiated, but in the event the parties
fail to negotiate or are unable to agree as to compensation, then Engineer shall be compensated for
his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule ".
2.6 Requirements Where Federal Assistance Provided [Note:
This section does not apply to this project] With respect to
Engineer's services and performance under this Agreement, and with
respect to any other work performed by Engineer on a phase of the
Project receiving Federal financial assistance, the following
provisions shall apply and shall control over any other provision
of this Agreement in conflict therewith:
(a) (49 CFR §18.36(1) and other requirements) In
addition to all other requirements of this Agreement, Engineer
shall:
(1) Design the project in accordance with the
intent of the Grant Award. As used herein "Grant Award" shall
mean the Financial Assistance provided by the Federal Aviation
Administration ( "FAA ") for the Project;
(2) Redesign the project in the event the
preliminary cost estimate, the final cost estimate, or the
lowest responsive bid less deductive alternates, exceeds the
funds available by an amount or percentage to be mutually
agreeable to the Owner and the Engineer;
(3) Include in all contracts and subcontracts of
amounts in excess of $100,000 a provision which requires
compliance with all applicable standards, orders, or
requirements issued under Section 306 of the Clean Air Act (42
U.S.C. §1857(h)) and the Federal Water Pollution Act (33 USC
1251 et. seq., as amended). Violations shall be reported to
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the funding federal department and to the regional office of
the U.S. Environmental Protection Agency;
(4) Include in all contracts and subcontracts in
excess of the small purchase threshold of $100,000 provisions
or conditions which will allow for administrative, contractual
or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and
penalties as may be appropriate;
(5) Include in all contracts in excess of $10,000
suitable provisions for termination by the Owner including the
manner in which it will be effected and the basis for
settlement. In addition, such contracts shall describe
conditions under which the contract may be terminated for
default as well as conditions where the contract may be
terminated because of circumstances beyond the control of the
contractor;
(6) Include in all contracts in excess of $10,000 a
provision requiring compliance with Executive Order 11246,
entitled "Equal Employment Opportunity," as amended by
Executive Order 11375, and as supplemented in Department of
Labor regulations (41 CFR Part 60);
(7) Include in all contracts in excess of $2,000
for construction or repair a provision for compliance with the
Copeland "Anti- Kickback" Act (18 USC 874) as supplemented in
Department of Labor regulations (29 CFR Part 3). This Act
provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in
the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise
entitled;
(8) Include in all construction contracts in excess
of $2,000 a provision for compliance with the Davis -Bacon Act
(40 USC 276a to a -7) as supplemented by Department of Labor
regulations (29 CFR Part 5). Under this Act contractors shall
be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage
determination made by the Secretary of Labor. In addition,
contractors shall be required to pay wages not less often than
once a week. A copy of the current prevailing wage
determination issued by the Department of Labor must be
included in each solicitation and the award of a contract
�-. shall be conditioned upon the acceptance of the wage
determination. Davis -Bacon wage determinations are not
applicable to "Force Account" workers;
(9) Include in all contracts in excess of $2,000
for construction contracts and in excess of $2,500 for other
contracts which involve the employment of mechanics or
laborers, a provision for compliance with Sections 103 and 107
of the Contract Work Hours and Safety Standards Act (40 USC
327 -330) as supplemented by Department of Labor regulations
(29 CFR Part 5). Under Section 103 of the Act, each
contractor shall be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of
40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate
not less than 1 -1/2 times the basis rate of pay for all hours
worked in excess of 40 hours in the work week. Section 107 of
the Act is applicable to construction work and provides that
no laborer or mechanic shall be required to work in
surroundings or under working conditions which are unsanitary,
hazardous, or dangerous to his health and safety. These
requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market,
or contracts for transportation or transmission of
intelligence;
(10) Include a notice in all contracts involving
research, developmental, experimental or demonstration work
requiring that all patentable processes, discoveries or
inventions which arise or are developed in the course of, or
under, such contract shall be reported to FAA. The notice
will state that the Government has an interest in any such
patentable processes, discoveries or inventions corresponding
to the percentage of total project cost funded by FAA;
(11) Include in all contracts (except those awarded
by small purchase procedures) a provision to the effect that
the Owner, FAA, the Comptroller General of the United States,
or any of their duly authorized representatives, shall have
access to any books, documents, papers, and records of the
contractor which are directly pertinent to that specific
contract, for the purpose of making audit, examination,
excerpts, and transcriptions;
(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;
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(13) Provide surveillance of project construction to
assure compliance with plans, specifications, and all other
contract documents. If the Owner chooses to use the Engineer
as the project inspector, the requirements for construction
inspection services shall be clearly defined and a limit
placed on the amount the Owner is required to pay for such
services;
(14) Design project work, and include provisions in
construction contracts, in order to comply with mandatory
standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Pub.L.
94 -163);
(15) Include the standardized contract clauses
required by 23 USC §112(e) in all construction contracts and
bidding documents;
(16) Be responsible for any damages arising from any
defects in design or negligence in the performance of the
construction inspection, if the inspection is furnished by the
Engineer;
(17) Supervise any required subsurface explorations
such as borings, soil tests, and the like, to determine
amounts of rock excavation or foundation conditions, no matter
whether they are performed by the Engineer or by others paid
by the Recipient;
(18) Attend bid openings, prepare and submit
tabulation of bids, and make a recommendation as to contract
award;
(19) Review proof of bidder's qualifications and
recommend approval or disapproval;
(20) Prepare (draft) and submit to Owner proposed
contract change orders when applicable. There shall be no
charge to the Owner when the change order is required to
correct errors or omissions by the Engineer;
(21) Submit a report not less frequently than
quarterly to the Owner covering the general progress of the
job and describing any problems or factors contributing to
delay;
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(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:
a. Title VI of the Civil Rights Act of 1964
(P.L. 88 -352) which prohibits discrimination on the basis
of race, color, or national origin;
b. Title IX of the Education Amendments of
1972, as amended (20 U.S.C. 1681 -1683, and 1685 -1686)
which prohibits discrimination on the basis of sex;
C. Section 504 of the Rehabilitation Act of
1973, as amended (28 U.S.C. 794) which prohibits
discrimination on the basis of handicaps;
d. the Age Discrimination Act of 1975, as
amended (42 U.S.C. 6101 -6107) which prohibits
discrimination because of age;
e. the Drug Abuse Office and Treatment Act of
1972 (P.L.. 93 -255), as amended, relating to non-
discrimination on the basis of drug abuse;
f. the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (P.L. 91 -616), as amended, relating to non-
discrimination on the basis of alcohol abuse or
alcoholism;
rag
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g. 523 and 527 of the Public Health Service
Act of 1912 (42 U.S.C. 290 dd -3 and 290- ee -3), as
amended, relating to confidentiality of alcohol and drug
abuse patient records;
h. Title VIII of the Civil Rights Act of 1968
(42 U.S.C. 3601 et. seq.), as amended, relating to non-
discrimination in the sale, rental or financing of
housing;
i. any other non - discrimination provisions in
the specific statute(s) under which the application for
Federal assistance is being made; and
j. the requirements on any other non-
discrimination statute(s) which may apply.
(28) Incorporate into the proposed construction
contract documents a designation of all of the different types
of construction which will be used for the project; such as
Building, Heavy or Highway in accordance with all local and
State laws and practices. For this purpose either the plans,
the specifications or both shall clearly delineate where each
type stops and another starts;
(29) Provide in all proposed construction contracts
deductive alternates which can be taken, if necessary, to
reduce the bid price, so that the lowest responsive base bid
for construction of the project will not exceed the funds
available;
(30) Design the facility to comply with the
Americans with Disabilities Act (ADA) (P.L. 101 -336) and the
Accessibility Guidelines for Buildings and Facilities, as
amended, (36 CFR Part 191 and Executive Order 12699;
(31) Design for seismic safety in accordance with
Executive Order 12699 which imposes requirements that
federally assisted facilities be designed and constructed in
accordance with the 1991 ICBO Uniform Building Code or 1992
Supplement to the BOCA National Building Code and /or 1991
Amendments to the SBCC Standard Building Code; provided,
however, that when the City of Pueblo has adopted a later
version of any such Code, the requirements of the adopted
version shall be used;
(32) Provide sufficient plans, specifications, bid
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sheets, cost estimates, design analysis, and other contract
documents required for the project. The number of copies to
be furnished by the Engineer as part of his /her compensation
for basic services shall be specified; and
(33) Use forms for instructions to bidders, general
conditions, contract, bids bond, performance bond, and payment
bond which meet FAA requirements.
(b) Engineer shall coordinate the advertisement for
bids, and bid procedures for the Project with Owner's Director
of Purchasing. In preparing Contract Documents for bidding,
Engineer shall consult with the Director of Public Works of
Owner.
(c) Paragraph 2.3(e) of the Agreement shall continue to
apply to Engineer's services, provided, however, that with
respect to the Project, Owner's standard forms of agreement,
warranty, payment and performance bonds, general conditions
and selected 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 RESPONSIBILUIES
3.1 Owner shall:
(a) Designate a representative to whom all communications from Engineer shall
be directed and who shall have limited administrative authority on behalf of Owner to receive and
transmit information and make decisions with respect to Project. Said representative shall not,
however, have authority to bind Owner as to matters of legislative or fiscal policy.
(b) Advise Engineer of Owner's Project requirements including: objective, project
criteria, use and performance requirements, special considerations, physical limitations, financial
constraints, and required construction contract provisions and standards.
(c) Provide Engineer with available information pertinent to the Project including
any previous reports, studies or data possessed by Owner which relates to design or construction of
the Project.
(d) Assist in arranging for Engineer to have access to enter private and public
property as required for Engineer to perform his services.
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and
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r- other documents presented by Engineer, and render written decisions pertaining thereto within a
reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental
engineering work or materials furnished hereunder shall not in any way relieve the Engineer of
responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance
of, or payment for, any of the services shall not be construed to operate as a waiver of any rights
under this Agreement or of any cause of action arising out of the performance of this Agreement.
(f) Upon advice of the necessity to do so from Engineer, obtain required approvals
and permits for the Project. The Engineer shall provide all supportive documents and exhibits
necessary for obtaining said approvals and permits.
(g) Notify Engineer whenever Owner becomes aware of any substantial
development or occurrence which materially affects the scope or timing of Engineer's services.
(h) Owner shall perform its obligations and render decisions within a reasonable
time under the presented circumstances. However, given the nature of Owner's internal organization
and requirements, a period of 14 days shall be presumed reasonable for any decision not involving
policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for
Owner to act with respect to any matter involving policy or significant financial impact.
SECTION 4. TIME FOR PERFORMANCE
Engineer's obligation to render services shall continue for such period of time as may
reasonably be required for completion of the work contemplated in Appendix A - Scope of Services
and Section 1 of this Agreement.
SECTION 5. PAYMENT
5.1 Owner will pay to Engineer as full compensation for all services required to be
performed by Engineer under this Agreement, except for services for additional work or work beyond
the scope of this Agreement, those maximum amounts set forth in Appendix B - "Fee Schedule" and
computed in accordance with this Section.
5.2 Engineer shall submit periodic, but not more frequently than monthly, applications for
payment, aggregating to not more than the maximum amount, for actual professional services
rendered and reimbursable expenses incurred. Such applications shall be submitted with appropriate
documentation that such services have been performed and expenses incurred. Thereafter, Owner
shall pay Engineer for the amount of the application within 40 days of the date of billing, provided
that sufficient documentation has been furnished, and further provided that Owner will not be
required to pay more than 90% of the maximum amount unless the Engineer's services on the Project
phases for which this Agreement is applicable have been completed to Owner's reasonable
nal
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�^ satisfaction and all required Engineer submittals have been provided.
5.3 The rates of compensation for service and for reimbursable expenses to be used with
periodic and final payment applications shall be those set forth in Appendix B - "Fee Schedule."
5.4 No separate or additional payment shall be made for profit, overhead, local telephone
expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar
expenses unless otherwise provided and listed in Appendix B - "Fee Schedule."
5.5 No compensation shall be paid to Engineer for services required and expenditures
incurred in correcting Engineer's mistakes or negligence.
5.6 Compensation for authorized work beyond the scope of this Agreement shall be
governed by Paragraph 2.5(g).
SECTION 6. TERMINATION
6.1 The Owner reserves the right to terminate this Agreement and Engineer's performance
hereunder, at any time upon written notice, either for cause or for convenience. Upon such
termination, Engineer shall cease all work and stop incurring expenses, and shall promptly deliver to
the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries and all
other information, and materials as Engineer may have accumulated in performing this Agreement,
together with all finished work and work in progress.
6.2 Upon termination of this Agreement for events or reasons not the fault of Engineer,
Engineer shall be paid at the rates specified in Appendix B - "Fee Schedule" for all services rendered
and reasonable costs incurred to date of termination; together with any reasonable costs incurred
within 10 days of termination provided such latter costs could not be avoided or were incurred in
mitigating loss or expenses to Owner or Engineer. In no event shall payment to Engineer upon
termination exceed the maximum compensation provided for complete performance in paragraph 5.1
and Appendix B.
6.3 In the event termination of this Agreement or Engineer's services is for breach of this
Agreement by Engineer, or for other fault of Engineer including but not limited to any failure to
timely proceed with work, or to pay its employees and consultants, or to perform services with that
level of care and skill ordinarily exercised by professional Engineers specializing in the design of
Airport Hangar Facilities 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
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1� survive any termination.
SECTION 7. GENERAL PROVISIONS
7.1 (a) 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.
(b) Advertising Unless specifically approved in advance in writing by Owner,
Engineer shall not include representations of the Project in any advertising or promotional materials,
except for accurate statements contained in resumes or curriculum vitae of Engineer's employees. If
Engineer wishes to include representations in advertising or promotional materials, it shall submit a
draft of same and printer's proof of the proposed advertising or promotional materials to the Owner
for prior review and shall not publish or distribute same unless written approval of the materials is
first obtained.
7.2 Insurance and Indemnity
(a) Engineer agrees that he has procured and will maintain during the term of this
Agreement, such insurance as will protect him from claims under workers' compensation acts, claims
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 there from; and such insurance will
provide for coverage in such amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Engineer shall obtain and keep in
force is as follows:
(i) Workers' Compensation Insurance complying with statutory
requirements in Colorado and in any other state or states where the work is performed.
(ii) Comprehensive General and Automobile Liability Insurance with
limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and
1
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r— occurrence for personal injury, including but not limited to death and bodily injury, Six
Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage,
and One Million and No /100 Dollars ($1,000,000.00) for excess umbrella liability.
(iii) Professional Liability Insurance in amounts and form acceptable to
Owner.
(c) Engineer agrees to hold harmless 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: Dan Centa, Department of Public
Works, 211 E. "D" Street, Pueblo, Colorado, 81003 or to the Engineer at John W. Simmer, Short
Elliott Hendrickson, Inc., 503 N. Main Street, Pueblo, Colorado, 81003. Either party may change his
address for the purpose of this paragraph by giving written notice of such change to the other party in
the manner provided in this paragraph.
7.4 Entire Agreement This instrument contains the entire agreement between the Owner
and the Engineer respecting the Project, and any other written or oral agreement or representation
respecting the Project or the duties of either the Owner or the Engineer in relation thereto not
expressly set forth in this instrument is null and void.
7.5 Successors and Assigns This Agreement shall be binding on the parties hereto and on
- their partners, heirs, executors, administrators, successors, and assigns; provided, however, that
neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the
Engineer may be assigned by him without the written consent of the Owner.
7.6 Amendments No amendment to this Agreement shall be made nor be enforceable
unless made by written Amendment signed by an authorized representative of Engineer and by
Owner's Director of Public Works.
7.7 Choice of Law This Agreement shall be governed and interpreted in accordance with
the laws of the State of Colorado.
7.8 Equal Employment Opportunity In connection with the performance of this
Agreement, Engineer shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, disability or age. Engineer shall endeavor to
insure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, national origin, disability or age.
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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.
7.10 Appropriations Subject to execution of this Agreement by the Director of Finance
certifying that a balance of appropriation exists and funds are available, the amount of money
appropriated for this Agreement is equal to or in excess of the maximum compensation payable
hereunder; provided, however, that if construction is phased and subject to annual appropriation,
funds only in the amount of initial appropriation are available and Engineer shall confirm availability
of funds before proceeding with work exceeding initial and subsequent annual appropriations.
7.11 Additional Requirements on Federally Funded Contracts If any of the work to be
performed by Engineer under this Agreement is funded in whole or in part with federal funds, then
this Agreement shall be construed to include all applicable terms required by the federal assistance
agreement and integrated federal regulations. By executing this Agreement, Engineer agrees to be
bound by all such mandatory federal requirements, irrespective of Engineer's actual knowledge or
lack of knowledge of such requirements prior to execution of this Agreement.
7.12 Access to Property Not Under Owner's Control Engineer acknowledges that the
Project may require access to property not under the control of Owner at the time of execution of this
Agreement. Engineer and Engineer's employees and consultants shall, at Engineer's expense, obtain
all additional necessary approvals and clearances required for access to such property. Owner shall
assist Engineer in obtaining access to such property at reasonable times but make no warranty or
representation whatsoever regarding access to such property. Engineer understands and agrees that
entry to properties not under Owner's control may require Engineer to comply with the terms of
separate access agreements to be negotiated hereafter with owners of such property.
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.
IFM
10— 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 thirty five (35) pages.
Appendix B - "Fee Schedule" consisting of four (4) pages.
Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility."
(Not included with this contract)
1—
SECTION 10. ACCESSIBILXFY The Americans with Disabilities Act (ADA) provides that
it is a violation of the ADA to design and construct a facility for first occupancy later than January
26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an
entity can demonstrate that it is structurally impractical to meet such requirements. The Engineer
therefore, will use his or her best reasonable professional efforts to implement applicable ADA
requirements and other federal, state and local laws, rules codes, ordinances and regulations as they
apply to the Project.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of
the day and year first above written.
CITY OF PUEBLO
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ENGINEER
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of
the day and year first above written.
CITY OF PUEBLO
ENGINEER
3y
hn W. Simmer
Title: Principal
OR THIS CONTRACT AND FUNDS ARE
Director of finance
APPROVED AS TO FORM:
City Attorney
F:)P UY OF PUEBLO - AIRPORT F GERSWOPE ES FORM (REV 8- 25 -U).W
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AVAILABLE.