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HomeMy WebLinkAbout10463RESOLUTION NO. 10463 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SHORT ELLIOTT HENDRICKSON (SEH) INCORPORATED, A MINNESOTA CORPORATION, TO PROVIDE ENGINEERING SERVICES FOR IMPROVEMENTS AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, Statement of Qualifications for Engineering services were requested and received; and WHEREAS, a committee was formed to evaluate these qualifications; and WHEREAS, the committee selected Short Elliott Hendrickson (SEH) as the most qualified to serve the Pueblo Memorial Airport; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A Contract, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, and Short Elliott Hendrickson (SEH) Incorporated, a Minnesota Corporation, to provide engineering services for improvements to Pueblo Memorial Airport is hereby approved, subject to the conditions as set forth in said contract. SECTION 2. The improvements may include, but are not limited to, the following items: 1. Rehabilitate of Runway 8L -26R Lighting and Pavement 2. Ramp Rehabilitation 3. General Aviation Area Expansion 4. Engineering Services for any projects that may arise during contract period. SECTION 3. The President of the City Council is hereby authorized to execute said Contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED August 8, 2005 PRES1 9 F CITY frP s BY Michael Occhiato Councilperson MffLLVNk)RE SMIL V!- Background Paper for Proposed RESOLUTION AGENDA ITEM # 3 DATE: August 8, 2005 DEPARTMENT: AVIATION — DANIEL E. CENTA, P.E. TITLE A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SHORT ELLIOTT HENDRICKSON (SEH) INCORPORATED, A MINNESOTA CORPORATION, TO PROVIDE ENGINEERING SERVICES FOR IMPROVEMENTS AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a contract between the City of Pueblo and Short Elliott Hendrickson (SEH) to provide engineering services for improvements at Pueblo Memorial Airport. RECOMMENDATION Approval of this Resolution. BACKGROUND FAA Regulations require a public advertisement and selection of an airport engineering firm. Advertisements were done requesting Statements of Qualifications and five firms responded. A Selection Committee was established and the Committee determined that Short Elliott Hendrickson (SEH) was the best qualified to serve the needs of the Pueblo Memorial Airport. The Contract term is for three years with two one -year options. FINANCIAL IMPACT This Contract describes the engineering services to be provided, but does not include any fees. Fees will be negotiated at the time engineering services are required and amendments to the basic Contract will be brought to City Council as part of the project costs. CONTRACT THIS CONTRACT entered into as of August 8th , 2005 between the City of Pueblo, a municipal corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City") and Short Elliott Hendrickson (SEH) Incorporated, a Minnesota corporation, Colorado Center Tower One, Suite 6000, 2000 South Colorado Boulevard, Denver, Colorado 80222 -7923 (the "Engineer "), WITNESSETH: Recitals A. The City owns the Pueblo Memorial Airport ( "Airport") and solicited competitive proposals to provide architectural, engineering and planning services and related incidental and special services for future projects at the Airport ( "Request For Proposals "). B. Engineer submitted in response to the Request For Qualifications its statement of qualification and experience for architectural, engineering and planning services ('Response "). C. City has evaluated all Responses submitted and has determined to select Engineer to perform architectural, engineering, and planning services for projects at the Airport. NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants, City and Engineer agree as follows: Engagement (a) City engages Engineer and Engineer accepts such engagement to perform the services set forth in this Contract and in the attached Standard Form of Agreement For Professional Engineering Services ( "Standard Form of Agreement ") with respect to the following anticipated projects (the "Projects "). (1) Rehabilitation of Runway 8L -26R lighting and pavement (2) Ramp rehabilitation (3) General aviation area expansion (4) Engineering Services for any projects that may arise during contract period. (b) City may in its sole discretion undertake any of the Projects. Upon written direction from City, the Engineer shall complete and deliver to City the Standard Form of Agreement for any of the Projects as specified by City. (c) Engineer shall prepare and submit with the Standard Form of Agreement for each specified Project, Appendix A - Scope of Services, Appendix B - Fee Schedule, and Appendix C - Identification of Personnel, Subcontractors and Task Responsibility. (d) Within a reasonable time after receipt of the Standard Form of Agreement and Appendixes, City will review same, perform appropriate cost and fee comparisons and analysis, and advise Engineer if the Standard Form of Agreement and Appendixes are acceptable to City, or which modifications or changes City requests with respect thereto. (e) After mutual approval of the terms and provisions of the Standard Form of Agreement and Appendixes, City will submit same to City Council of City for approval. 2. Term This Contract is for a term of three (3) years commencing August 9, 2005 and ending August 8, 2008. The term of this Contract may be extended for an additional period of two (2) years by way of two (2) one (1) year options, upon mutual agreement of City and Engineer. This Contract may be terminated by either party at any time, without cause or liability, upon ninety (90) days prior written notice given to the other party specifying the date of termination, provided, however, that the termination of this Contract shall not terminate or be deemed to terminate any then existing Standard Form of Agreement executed by and between the parties with respect to any specified Project. 3. General Covenants Engineer covenants that it is (a) competent and qualified to perform and will perform the services and work contemplated by this Contract and the Standard Form of Agreement in a professional manner to the satisfaction of City. (b) familiar with the regulations and requirements of the Federal Aviation Administration ( "FAA ") with respect to the services and work contemplated by this Contract and Standard Form of Agreement and will perform such services and work in compliance therewith. 4. Records and Database Engineer shall maintain a cost accounting system acceptable to City and FAA. The City, FAA, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Engineer which are directly pertinent or relate to this Contract or any Standard Form of Agreement for a specified Project, for the purpose of making audit, examination, inspection, excerpts, and transcriptions. The Engineer shall maintain such records for three years after City makes final payments to Engineer and all pending matters are closed. Engineer shall prepare and maintain an electronic database (compatible with Auto CAD) that accurately represents all existing and future civil infrastructure for all Projects completed under this Contract and any Standard Form of Agreement for a specified Project. 5. Specific Covenants Engineer covenants that, during the performance of this Contract and any Standard Form of Agreement for a specified Project, Engineer will: (a) comply with all federal statutes and regulations relating to nondiscrimination in federally assisted programs including without limitation the Airport and Airway Development Act (49 USC §1730), Title VI of the Civil Rights Act of 1964 (P.L. 88 -352, Department of Transportation Regulation 49 CFR Part 21, and Executive Order 11246 entitled "Equal Employment -2- Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations 41 CFR Part 60. (b) comply with the provisions of Department of Transportation regulations 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to complete for and perform contracts financed in whole or in part with federal funds. (c) comply with the Department of Transportation Trade Restriction regulations 49 CFR Part 30. (d) comply with all other applicable federal, state and local laws and regulations. 6. Rights to Inventions All rights to inventions and materials generated under this Contract or any Standard Form of Agreement for a specified Project are subject to regulation issued by the FAA and Engineer shall comply with those regulations. Insurance and Indemnity (a) Engineer agrees that it has procured and will maintain during the term of this Agreement, such insurance as will protect it and City from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any of its employees or of any person other than its employees and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Engineer shall obtain and keep in force is as follows: (1) Workers' Compensation Insurance complying with statutory require- ments in Colorado and in any other state or states where the work is performed. (2) Comprehensive Commercial and Automobile Liability Insurance with limits not less than One Million and No /100 Dollars ($1,000,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, One Million and No /100 Dollars ($1,000,000.00) per occurrence for property damage, and One Million Five Hundred Thousand and No /100 Dollars ($1,500,000.00) for excess umbrella liability. (3) Professional Liability Insurance in amounts not less than One Million and No /100 Dollars ($1,000,000.00) covering services and work performed by Engineer for City under this Contract and Standard Form of Agreement for a specified Project. RE (c) Engineer shall furnish to City a certificate or certificates of insurance showing compliance with this section 7. The certificates shall provide that the insurance shall not be changed or cancelled until after ten (10) days written notice has been given to City. Engineer shall immediately notify City of any substantial change in, or cancellation, or non -renewal of any such (d) Engineer agrees to hold harmless, defend and indemnify City from and against any liability to third parties, arising out of negligent acts, errors or omissions of Engineer, its employees, subcontractors and consultants. 8. Certifications Engineer certifies that (a) Neither Engineer nor any of its principals are presently, or at the time of execution of any Standard Form of Agreement for a specified Project will be, debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract or in any such subsequent Standard Form of Agreement for a specified Project by any Federal department or agency. Engineer will include this clause in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. (b) Engineer is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representatives and that it will comply with the Department of Transportation trade restriction regulations 49 CFR Part 30. Engineer will include this clause and other clauses required by said trade restriction regulations in all lower tier transactions, solicitations, proposals, contracts and subcontracts. 9. Notices Any notice required or permitted by this Contract shall be in writing and may be served personally or mailed by first -class mail, postage prepaid, addressed to the party at its address shown on the first page hereof, and if to the City, a copy of thereof shall be given to Jerry Brienza, Airport Manager of Operations and Maintenance, 31201 Bryan Circle, Pueblo, Colorado, 81001. Either party may change addresses upon written notice given to the other party specifying the changed address. 10. Financial Obligations of City All financial obligations of the City under this Contract in any subsequent fiscal year of City are subject to and contingent upon funds being specifically budgeted and appropriated for such purposes. 11. Miscellaneous (a) This Contract shall be governed and interpreted in accordance with the laws of the State of Colorado. (b) In the event of any litigation arising out of this Contract, the court shall award -4- to the prevailing party its costs and reasonable attorney fees. Venue for any such litigation shall be Pueblo County, Colorado. (c) This Contract contains the entire agreement between the City and Engineer and incorporates all prior written and oral understandings and agreements between the parties. (d) This Contract may only be modified or amended by written instrument signed by both City and Engineer. (e) This Contract shall be binding upon and inure to the benefit of City and Engineer and their respective successors and assigns, provided, however, engineer shall not assign this Contract or any interest herein without the prior written consent of City. 12. FAA Review This Contract is subject to and contingent upon FAA review. Executed the day and year first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION Attest: By > . City erk P sident of the Vty Council Robert D. Schilling, J V. Approved as to form: i LM Name: Title: CACLIENTMPUEBLO, CITY OFWRPORTSEH ENGINEER CONTRACT- DRAFf.DOC -5- SEH INCORPORATED