HomeMy WebLinkAbout10870RESOLUTION NO. 10870
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND SHORT ELLIOTT HENDRICKSON 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 Incorporated 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 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 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 November 27, 2006
BY Randy Thurston
Councilperson
APPROVED:
President of City Council
ATTESTED BY:
CITY CLERK
Ilk a - 01 P r-
s
Background Paper for Proposed
RESOLUTION
/&O,# 1DE70
AGENDA ITEM # 9
DATE: November 27, 2006
DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E.
TITLE
• RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO,
• MUNICIPAL CORPORATION, AND SHORT ELLIOTT HENDRICKSON
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 Incorporated to provide engineering services for improvements at Pueblo
Memorial Airport.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
FAA Rules and Regulations require a public advertisement and selection of an airport
engineering firm. Statement of Qualifications for engineering services was requested and
received. A committee was formed and evaluated these qualifications and Short Elliott
Hendrickson Incorporated was selected as the most qualified.
FINANCIAL IMPACT
This Contract describes the engineering services to be provided, but does not include any
fees. As engineering services are required, fees will be negotiated and amendments to the
basic Contract will be brought forward to City Council as part of the project costs.
CONTRACT
THIS CONTRACT entered into as of November 27th, 2006 between the City of Pueblo, a
municipal corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City ") and Short Elliott
Hendrickson (SEI I) 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, TI I EREFORE, 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) Runway 17 -35 Seal Coat and Rehabilitation.
(2) Construction of Helicopter Training Facilities.
(3) Runway 17 -35 Parallel "Taxiway Construction.
(4) Runway 8R -26E Painted Islands.
(5) Installation of ADSB Antenna.
(6) Construction of a Training Runway and Associated Taxiway's.
(7) Taxiway "J" realignment, reconstruction.
(8) Installation of Compass Rose.
(9) Airport Perimeter Fencing.
(10) Taxiway Rehabilitation.
(11) Commercial Hangar Development.
(12) Miscellaneous Drainage Improvements
(1 1) Lighting and Navaid Improvements.
(14) Airport Master Planning.
(15) Terminal Parking and Access Road Improvements.
(b) City may in its sole discretion undertake any of the Projects. Upon written
direction from City, the Enginecr 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 ol'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.
(c) Alter 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 November 27, 2006
and ending November 27, 2009. The term of this Contract maybe 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 oftermination,
provided, however, that the termination of this Contract shall not terminate or be deemed to
terminate any then existing Standard Fonn 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 Enginecr 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
Enginecr 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
Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of
Labor rcgulations 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 fiords.
(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 in_j ury 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
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($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.
(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
insurance.
(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.
S. Ce rtifications . 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 Fornr 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. fines 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
Bricnza, Airport Manager of Operations and Maintenance, 31201 Bryan Circle, Pueblo, Colorado,
81001. Eithcr party may change addresses upon written notice given to the other party specifying the
changed address.
10. FinancialOblieationsofCity All financial obligations of the City under this Contract
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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 Slate of Colorado.
(b) In the event ofany litigation arising outofthis Contract, the court shall award
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
Attcst: � `_� , By --
City 'ork MiehaelOcchiato
President of the City Council
Approved as to form:
SEHINCORPORATED
City Attorr}ey
Attest:
Name:
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