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HomeMy WebLinkAbout10282RESOLUTION NO. 10282 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE LPA GROUP INCORPORATED RELATING TO DESIGN AND ENGINEERING SERVICES IN THE AMOUNT OF $223,368 FOR IMPROVEMENTS TO THE RUNWAY VISIBILITY ZONE 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 Incorporated 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 improvements to the runway visibility zone 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 Incorporated, relating to the inclusion of fees for design and engineering services for improvements to the runway visibility zone 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 $223,368 shall be expended from Project APO402. INTRODUCED December 13. 2004 ,mo # IozBz L)_ C Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: December 13, 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 INCORPORATED RELATING TO DESIGN AND ENGINEERING SERVICES IN THE AMOUNT OF $223,368 FOR IMPROVEMENTS TO THE RUNWAY VISIBILITY ZONE AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an agreement with the LPA Group for design and engineering services for improvements to the runway visibility zone at Pueblo Memorial Airport. RECOMMENDATION Approval of this Resolution. BACKGROUND This agreement is for the design phase of the improvements to the runway visibility zone project. The project consists of grading the primary surface to create a line of sight between the runways in accordance with FAA standards. In June of 2004, City Council accepted a Federal grant that funds 95% of the Phase I portion of this project. City Council also accepted a State grant in April of 2004 that funds 2.5% of the project. The City's match for the project is 2.5 %. FINANCIAL IMPACT Funds in the amount of $223,368 shall be expended from Project APO402. The Federal portion is $212,200, the State portion is $5,584 and the City's portion is $5,584. AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made and entered this 13th day of December , 2004, 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 the Pueblo Memorial Airport, Line Of Sight Grading, 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- 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 &T -W [K -11 (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 two (2) copies of the Report and present and review it in person with reTIA1 2.2 PreliminaryDesignn (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 design criteria, preliminary drawings, an outline of specifications, and written descriptions of all -2- 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 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: (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. -3- (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. Two (2) copies of these final bid documents shall be furnished to Owner. (g) Make recommendations to Owner concerning the need for prequalification of equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in final bid and construction contract documents. (h) Attend a pre -bid conference with bidders to discuss Project requirements and receive requests for clarification, if any, to be answered by Engineer in writing to all plan holders. (i) Consult with and make recommendations to Owner concerning: acceptability of bidders, subcontractors, suppliers, materials, equipment, suitability of proposed "or equals", amount of bids and any other matter involved in consideration and review of bids and bidders upon which Owner may reasonably request Engineer's advice. 2.4 Construction Phase If Engineer is to provide professional services with respect to the Project during the Construction Phase, after award by the Owner of a general contract or contracts for construction of the Project, Engineer shall: (a) Perform all duties and functions to be performed by Engineer under the terms of the construction contract. (b) Visit the Project site, perform observations as to the progress and quality of the work and advise the Owner as to same. The frequency and level of observation shall be commensurate with the nature of the work and size of the Project, except that any specific provisions set forth in Appendix A - Scope of Services concerning the level of observation shall determine Engineer's obligation concerning level of observation. (c) Make determinations as to whether the work is proceeding in accordance and compliance with the construction contract documents. (d) Promptly advise the Owner in writing of any omissions, substitutions, defects or deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project. -4- (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 thereunder. Upon written request of the Owner or Contractor, the Engineer shall promptly make written interpretations of the contract documents and render written decisions on all claims, disputes and other matters relating to the execution or progress of the work on the Project. The interpretations and decisions of the Engineer shall be final and binding on the Contractor and Owner, unless the Director of Public Works of the Owner shall, within seven calendar days after receipt of the Engineer's interpretation or decision, file his written objections thereto with the Engineer and Contractor. 2.5 Additional Responsibilities This paragraph applies to all phases of Engineer's work. (a) Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of Engineer's work, including that performed by Engineer's -5- 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 Proj ect 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. (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. l� (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 With respect to Engineer's services and performance under this Agreement, and with respect to any other work performed by Engineer on a phase of the Project receiving Federal financial assistance, the following provisions shall apply and shall control over any other provision of this Agreement in conflict therewith: (a) (49 CFR §18.36(i) and other requirements) In addition to all other requirements of this Agreement, Engineer shall: (1) Design the project in accordance with the intent of the Grant Award. As used herein "Grant Award" shall mean the Financial Assistance provided by the Federal Aviation Administration ( "FAA ") for the Project; (2) Redesign the project in the event the preliminary cost estimate, the final cost estimate, or the lowest responsive bid less deductive alternates, exceeds the funds available by an amount or percentage to be mutually agreeable to the Owner and the Engineer; (3) Include in all contracts and subcontracts of amounts in excess of $100,000 a provision which requires compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. § I857(h)) and the Federal Water Pollution Act (33 USC 1251 et. seq., as amended). Violations shall be reported to the funding federal department and to the regional office of the U.S. Environmental Protection Agency; (4) Include in all contracts and subcontracts in excess of the small purchase threshold of $100,000 provisions or conditions which will allow for administrative, contractual or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate; (5) Include in all contracts in excess of $10,000 suitable provisions for termination by the Owner including the manner in which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor; dIN (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 CM 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; -8- (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 ofproject 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 proj ect 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 ofbids, 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; -9- (21) Submit a report not less frequently than quarterly to the Owner covering the general progress of the job and describing anyproblems 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) Complywith all Federal statutes relating to non - discrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color, or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683, and 1685 -1686) which prohibits discrimination on the basis of sex; C. Section 504 of the Rehabilitation Act of 1973, as amended (28 U.S.C. 794) which prohibits discrimination on the basis of handicaps; d. the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 -6107) which prohibits discrimination because of age; e. the Drug Abuse Office and Treatment Act of 1972 (P.L.. 93- 255), as amended, relating to non - discrimination on the basis of drug abuse; f. the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to non - discrimination on the basis of alcohol abuse or alcoholism; g. 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290- ee -3), as amended, relating to confidentiality of alcohol and -10- 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 facilityto complywith the Americans with Disabilities Act (ADA) (P.L. 101 -336) and the Accessibility Guidelines for Buildings and Facilities, as amended, (36 CFR Part 191 and Executive Order 12699; (31) Design for seismic safety in accordance with Executive Order 12699 which imposes requirements that federally assisted facilities be designed and constructed in accordance with the 1991 ICBO Uniform Building Code or 1992 Supplement to the BOCA National Building Code and/or 1991 Amendments to the SBCC Standard Building Code; provided, however, that when the City of Pueblo has adopted a later version of any such Code, the requirements of the adopted version shall be used; (32) Provide sufficient plans, specifications, bid sheets, cost estimates, design analysis, and other contract documents required for the project. The number of copies to be furnished by the Engineer as part of his/her compensation for basic services shall be specified; and (33) Use forms for instructions to bidders, general conditions, contract, bids bond, performance bond, and payment bond which meet FAA requirements. (b) Engineer shall coordinate the advertisement for bids, and bid procedures for the Project with Owner's Director of Purchasing. In preparing Contract Documents for bidding, Engineer shall consult with the Director of Public Works of Owner. -11- (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 RESPONSIBILITIES 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. -12- (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 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). -13- 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 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 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. -14- (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 therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Engineer shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and 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, and with a deductible not exceeding $15,000.00. (c) Engineer agrees to hold harmless, defend and indemnify Owner from and against any liability to third parties, arising out of negligent acts, errors or omissions of Engineer, his employees, subcontractors and consultants. 7.3 Notices Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either the Owner or the Engineer by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service when deposited in the United States mail, first -class postage prepaid, addressed to the Owner, Attention: Dan Centa, Department of Public Works, 211 E. "D" Street, Pueblo, Colorado, 81003 or to the Engineer at THE LPA GROUP, 4904 Professional Court, Suite 201, Raleigh, North Carolina 27609. Either party may change his address -15- 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. 7.9 Severability If anyprovision 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 -16- 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. 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 two (2) pages. Appendix B - "Fee Schedule" consisting of two (2) pages. Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility" consisting of one (1) page. Appendix D - "Scope of Work Sketch" consisting of one (1) page. SECTION 10. ACCESSIBILITY 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. -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 A xe- j�z 4 By: Randy Thurston THE LPA INCOR By: Dain A. Riley, P.E. President of the City Council Attest: City C k [SEAL] Title: Vice President BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. Director of Finance APPROVED AS TO FORM: City Atto -18- APPENDIX A SCOPE OF SERVICES I. GENERAL PROJECT SCOPE The scope of the Project is to grade the area between Runways 17 -35 and 8L -26R in order to comply with FAA Line of Sight Criteria and to improve the line of site between Runway 8L -26R and Runway 8R -26L. The location and size of said area is shown in Appendix D, Scope of Work Sketch. II. BASIC SERVICES A. Study and Report Phase These services shall include project formulation to determine the extent of the grading required and the location of a waste area where excavated material will be placed. The intent is to locate the waste area in a location useful for future development. Extensive coordination with the FAA will be required throughout all elements of the project due to the need to relocate existing FAA facilities. B. Preliminary Design Phase The Engineer will develop a more detailed schematic design and cost estimate. Based upon this data, the extent of waste area will be determined and a preliminary grading plan prepared consistent with the Owner's desire for future development of the area. During this phase the Engineer will determine whether a retaining wall will be required to prevent the need to relocate existing FAA facilities. C. Final Design and Bidding Phase The second phase of engineering services to be provided will be Final Design and Bidding Phase Services. The Engineer will provide services for final plans and specifications to grade the specified areas in order to comply with FAA criteria. Design of water, sanitary sewer, and storm drainage for the future development will be excluded from the design documents. Design documents will include silt and erosion management plan services as well as permitting services. Bidding Phase Services shall include attendance at a pre -bid conference and assisting the Owner in obtaining bids for the Project. All airside design shall meet current FAA criteria. D. Construction Phase Construction Phase Services are not included in this Agreement. At the time of this Agreement the construction duration of the Project has not been established. In that the budget for Construction Administration, Resident Inspection, and Quality Assurance Testing is dependant on the construction duration, Construction Phase Services, if so desired, will be negotiated at a later time through a separate agreement or through an amendment to this agreement. Construction Phase services will include sealed as -built reproducible drawings and electronic files. A -1 III. MISCELLANEOUS /SPECIAL SERVICES As part of this Agreement the Engineer will perform the following Special Services: A. DBE Goal Services Develop the goal for Disadvantaged Business Enterprises for participation in the Project to be included in the bidding documents. B. Grant Administration Services Provide grant administration services as necessary to assist the Owner with preparation of state and Federal grant requests (pre - application) and grant applications. These services also include completion of an FAA required environmental categorical exclusion checklist "CATEX" C. Coordination With FAA Coordinate the design with appropriate FAA personnel in order to insure that FAA facilities are relocated from the project area and to prevent disruptions in service. D. ASOS Relocation Provide design services to relocate the existing Automated Surface Observing System (ASOS) and coordinate this activity with the National Weather Service. E. Pre - design Survey Provide pre - design surveying services to provide necessary design data for the Project. F. Pre - design Geotechnical Investigation Provide pre - design geotechnical services to provide necessary design data for the Project. G. Reproduction and Postage Provide reproduction and postage services associated with copies of contract documents and specifications for use in the Bidding Phase. IV. ADDITIONAL SERVICES Services not included in this agreement include design of utilities such as storm drainage, sanitary sewer, and potable water associated with the future development area. Also excluded from this agreement are environmental services beyond preparation of a categorical exclusion checklist. If the FAA does not concur in the environmental categorical exclusion additional environmental services will be provided through a future work agreement or amendment to this work agreement. A -2 IT» L4 ►`LIX4iI FEE SCHEDULE A. BASIC SERVICES DBE Goal Services 1. Study and Report Phase & Preliminary Design Phase $27,393.00 services shall be paid as a lump sum fee. 2. Final Design Phase - Retaining Wall $28,513.00 shall be paid at the hourly rates shown on the attached Appendix B -2 with an estimated not to exceed amount of $28,513.00. Coordination with FAA 3. Final Design Phase - Grading $98,545.00 services shall be paid as a lump sum fee. 4. Bidding Phase $14,004.00 services shall be paid as a lump sum fee. Basic Services Subtotal $168,455.00 B. SPECIAL SERVICES 1. DBE Goal Services $1,080.00 shall be paid as a lump sum fee. 2. Grant Services $1,958.00 shall be paid as a lump sum fee. 3. Coordination with FAA $15,195.00 services shall be paid as a lump sum fee. 4. ASOS Relocation $9,080.00 services shall be paid as a lump sum fee. 5. Pre - design Survey Services $17,250.00 shall be paid as the actual cost of the subconsultant plus a fixed administrative fee of $2,250 with an estimated not to exceed amount of $17,250. 6. Pre - design Geotechnical Services $8,625.00 shall be paid as the actual cost of the subconsultant plus a fixed administrative fee of $1,125 with an estimated not to exceed amount of $8,625. 7. Reproduction and Postage Services $1,725.00 shall be paid as the actual cost of the subconsultant plus a fixed administrative fee of $225 with an estimated not to exceed amount of $1,725. Special Services Subtotal $54,913.00 TOTAL CONTRACT AMOUNT $223,36TUF ME APPENDIX B -2 2004 SCHEDULE OF FEES CLASSIFICATION Principal Project Manager /Senior Engineer /Architect/Planner Engineer /Architect/Planner Designer Technician Technical Assistant HOURLY RATES $150.00 $130.00 $110.00 $85.00 $65.00 $60.00 NOTE: The hourly rates shown above include direct salary cost, labor overhead, general and administrative overhead, and profit. These rates shall remain valid until December 31, 2004. Direct non -salary expenses such as travel, subsistence, reproduction, etc. are not included. APPENDIX C IDENTIFICATION OF PERSONNEL, SUBCONTRACTORS, AND TASK RESPONSIBILITY LPA Personnel Dain A. Riley, P.E. Terry Bumpus, P.E. Charlie Harrison /Brigid Williams Jim Farthing Task Responsibility Project Manager Project Engineer Designer Designer /Construction Administration C -1