HomeMy WebLinkAbout12042
RESOLUTION NO. 12042
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND SHORT ELLIOTT HENDRICKSON INC. (SEH) FOR
PROFESSIONAL SERVICES IN THE AMOUNT OF $614,216
RELATED TO DESIGN SERVICES FOR THE NEW
TRAINING RUNWAY PROJECT AT PUEBLO MEMORIAL
AIRPORT AND AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A certain Agreement for professional 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 Short Elliott Hendrickson Inc.
(SEH), for professional services relating to design services for the new training runway project at
Pueblo Memorial Airport, is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute the Agreement on behalf of
Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and
attest same.
SECTION 3.
Funds in the amount of $614,216 shall be expended from Project AP1003.
INTRODUCED: December 27, 2010
BY: Judy Weaver
COUNCILPERSON
Background Paper for Proposed
R
ESOLUTION
AGENDA ITEM
# M-5
DATE:
December 27, 2010
DEPARTMENT:
DEPARTMENT OFAVIATION
MARK LOVIN, DIRECTOR
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND SHORT ELLIOTT HENDRICKSON INC. (SEH) FOR
PROFESSIONAL SERVICES IN THE AMOUNT OF $614,216 RELATED TO DESIGN
SERVICES FOR THE NEW TRAINING RUNWAY PROJECT AT PUEBLO MEMORIAL
AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME
ISSUE
Should City Council approve an agreement with Short Elliott Hendrickson Inc. to design the new
training runway at the airport.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
The FAA has determined that the current training runway is unsafe due to it’s proximity to the
ramp and they have issued a grant to fund 95% of the project costs to construct a new training
runway and associated taxiways. This agreement with Short Elliott Hendrickson Inc. is for the
design of the new runway.
FINANCIAL IMPACT
Funds in the amount of $614,216 shall be expended from Project AP1003.
STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT made and entered this 13th day of December, 2010 by and between the
City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Short- Elliot - Hendnckson, Inc., a
Minnesota Corporation„ a professional engmeenng firm (hereinafter "Engineer ") for Engineer to
render certain professional engmeenng and related services for Owner in connection with Design
Services for the New Training Runway Project, 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 satisfactonly perform professional engineering services for all phases
of Project indicated below by mark placed in the appropriate box or boxes
X - Study and Report Phase
X - Preliminary Design (Schematic) Phase
X - Final Design
X - Construction Documents & Bidding Phase
- 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 engmeenng 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. If architectural
services are rendered, Engineer shall provide an attest statement on each drawing sheet that certifies
the design complies with all applicable provisions of the Amencans with Disabilities Act
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 engmeenng 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 authonzed.
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 authonties 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 appropnate 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 twenty -five (25) copies of the Report 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 dunng 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
-2-
design cntena, preliminary drawings, an outline of specifications, and wntten descnptions 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 nsks 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 five 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 dunng 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 Prehminary 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 therefor Such Drawings and Specifications
shall comply with all applicable building codes and requirements of regulatory agencies having any
approval authonty Final design, including Drawings and Specifications, shall also comply with
ADA Accessabihty 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. Engineer shall include an attest statement on
each record drawing sheet of final plan drawings that certifies that the design is compliant with either
the ADAAG Manual or 28 CFR Part 36 Standards.
(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 cntena, wntten descnptions 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,
-3-
professional compensation, consultant fees, land and right of way costs, damages and finance costs, if
any
(e) Engineer shall furnish five copies of each above referenced submittal
document to Owner for Owner's use, and shall review same in person with Owner
2.4 Construction Documents & Bidding Phase. If Engineer is to provide
professional services with respect to the Project dunng the Construction Documents & Bidding
Phase, Engineer shall
(a) 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 prepanng 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.
(b) 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 appropnate to correct errors,
clanfy Drawings or Specifications or advise of changes. Unless otherwise specified in Appendix A, a
copy of all contract documents and drawings shall also be submitted to Owner in Microsoft Word
and AutoCADD (2006 or later version) format on electronic media.
(c) Make recommendations to Owner concerning the need for prequahfication of
equipment, vendors or bidders, and, if requested by Owner, incorporate prequahfication requirements
in final bid and construction contract documents.
(d) 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.
(e) Consult with and make recommendations to Owner concerning: acceptability
of bidders, subcontractors, suppliers, matenals, 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 5 Construction Phase. If Engineer is to provide professional services with respect to the
Project dunng 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.
-4-
(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.
(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 wntten 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.
(j) 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 delivenng 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
-5-
interpreter of the construction documents and arbiter of claims and disputes thereunder Upon
wntten 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 wntten objections thereto with the Engineer and Contractor
2.6 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 engineenng 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 engineenng 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 nght to object in writing to employment on the Project of any such
key person, consultant or assignment of principal responsibility, in which case Engineer will employ
alternate personnel for such function or reassign such responsibility to another to whom Owner has
no reasonable objection. Thereafter, Engineer shall not assign or reassign Project work to any person
to whom Owner has reasonable objection.
-6-
Within 5 days of execution of this Agreement, Engineer shall designate in wntmg 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 intenm 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 wnting (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 (in) a reasonable estimate of the cost of such work.
Engineer shall not proceed with such out of scope or additional work until authorized in wntmg by
Owner The compensation for such authonzed 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 7 Requirements Where Federal Assistance Provided. [Note: This section may be deleted
if not applicable] 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 § 1857(h)) and the
Federal Water Pollution Act (33 USC 1251 et. seq., as amended) Violations shall be
-7-
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;
(6) Include in alI 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
-8-
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,
expenmental 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, discovenes 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 authonzed 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 transcnptions,
(12) Include in all contracts a requirement that the contractor maintain all
relevant project records for three years after the Recipient has made final payment to the
contractor and all other pending matters are closed,
(13) Provide surveillance of project construction to assure compliance with
plans, specifications, and all other contract documents. If the Owner chooses to use the
Engineer as the project inspector, the requirements for construction inspection services shall
be clearly defined and a limit placed on the amount the Owner is required to pay for such
services,
(14) Design project work, and include provisions in construction contracts,
in order to comply with mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub L. 94 -163),
(15) Include the standardized contract clauses required by 23 USC § 112(e)
in all construction contracts and bidding documents,
(16) Be responsible for any damages arising from any defects in design or
negligence in the performance of the construction inspection, if the inspection is furnished by
the Engineer;
-9-
(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 fob and describing any problems or factors contributing
to delay;
(22) Review and approve the contractor's schedule of amounts for contract
payment;
(23) Certify partial payments to contractors,
(24) Assure that a ten percent (10 %) retamage 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 discnmination on the basis of race, color, or national ongm,
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,
-10-
c. Section 504 of the Rehabilitation Act of 1973, as amended (28
U S C 794) which prohibits discnmination on the basis of handicaps,
d. the Age Discrimination Act of 1975, as amended (42 U S C
6101 -6107) which prohibits discnmination because of age,
e. the Drug Abuse Office and Treatment Act of 1972 (P L. 93-
255), as amended, relating to non-discnmination 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-
discnmination 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
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-discnmination in the sale, rental or financing of
housing;
1. any other non - discrimination provisions in the specific
statute(s) under which the application for Federal assistance is being made; and
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 pnce, 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 Amencans 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
-11-
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 prepanng Contract Documents for
bidding, Engineer shall consult with the Director of Public Works of Owner
(c) Paragraph 2 4(a) 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 authonty on behalf of Owner to receive, and
transmit information and make decisions with respect to Project. Said representative shall not,
however, have authonty to bind Owner as to matters of legislative or fiscal policy
(b) Advise Engineer of Owner's Project requirements including: objective, project
cntena, 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.
-12-
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and
other documents presented by Engineer, and render wntten decisions pertaining thereto within a
reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental
engineenng 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 nghts
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 penod 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 penod 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
-13-
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 apphcations 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 clencal 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 authonzed work beyond the scope of this Agreement shall be
governed by Paragraph 2 6(g)
SECTION 6. TERMINATION
6 1 The Owner reserves the nght to terminate this Agreement and Engineer's performance
hereunder, at any time upon wntten 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 nght 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, pnor to
date of termination.
6 4 Engineer's professional responsibility for his completed work and services shall
- 1 4-
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 ansing from the use of such designs, Drawings or Specifications for such other project.
(b) Advertising. Unless specifically approved in advance in wntmg by Owner,
Engineer shall not include representations of the Project in any advertising or promotional matenals,
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 punter's proof of the proposed advertising or promotional matenals to the Owner
for prior review and shall not publish or distribute same unless wntten 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
-15-
(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. Mark Lovin, Pueblo Memonal
Airport, 31201 Bryan Circle, Pueblo, Colorado, 81001 or to the Engineer at Thomas J Beattie, Short
Elliot Hendnckson, Inc., 2000 South Colorado Blvd, Suite 6000, Colorado Center Tower One.,
Denver, Colorado. 80222 -7938 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. In the event of any conflict between any
provision of this Agreement and a provision of any Appendix or attachment to this Agreement, the
provision in this Agreement shall control and supersede the conflicting provision in the Appendix or
attachment. Any inconsistent resolution provision in any attachment to this Agreement shall be 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 wntten 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 discnminate against any employee or applicant for employment
because of race, color, religion, sex, national ongm, disability or age Engineer shall endeavor to
insure that applicants are employed, and that employees are treated during employment without
-16-
regard to their race, color, religion, sex, national origin, disability or age.
7 9 Severability. If any provision of this Agreement, except for Section 2 6, is
determined to be directly contrary to and prohibited by law or the requirements of any federal grant or
loan 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 6 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 or loan, then this entire Agreement shall be void.
7 10 PERA. The Engineer shall reimburse the City for the full amount of any employer
contribution required to be paid by the City of Pueblo to the Public Employees' Retirement
Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted
services for the City under this Agreement. The Engineer shall fill out the questionnaire attached as
Appendix "D" and submit the completed form to City as part of the signed Agreement.
7 11 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 12 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 13 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 nght to payment hereunder shall be determined and decided
by the Owner's Director of Public Works whose wntten decision shall be final and binding unless
-17-
judicial review is sought in a Colorado Court of competent junsdiction 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 ten page(s)
Appendix B - "Fee Schedule" consisting of three page(s)
Appendix C - "Identification of Personnel, Subcontractors and Task
Responsibility " consisting of two page(s)
Appendix D — "PERA Supplemental Questionnaire"
SECTION 10. ACCESSIBILITY The Amencans 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.
SECTION 11 — STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS
FROM PERFORMING WORK
(a) At or prior to the time for execution of this Agreement, Engineer shall submit to the
Purchasing Agent of the City its certification that it does not knowingly employ or contract with an
illegal alien who will perform work under this Agreement and that the Engineer will participate in
either the "E -Venfy Program" created in Public Law 208,104` Congress, as amended and expanded
in Public Law 156, 108` Congress, as amended, that is administered by the United States Department
of Homeland Security or the "Department Program" established pursuant to section 8 -17 5- 102(5)(c),
C.R.S that is administered by the Colorado Department of Labor and Employment in order to
confirm the employment eligibility of all employees who are newly hired for employment to perform
work under this Agreement.
(b) Engineer shall not:
-18-
(I) Knowingly employ or contract with an illegal alien to perform work under this
contract;
(II) Enter into a contract with a subconsultant that fails to certify to Engineer that
the subconsultant shall not knowingly employ or contract with an illegal alien to perform
work under this contract.
(c) The following state - imposed requirements apply to this contract.
(I) The Engineer shall have confirmed or attempted to confirm the employment
eligibility of all ()fits employees who are newly hired for employment to perform work under
this Agreement through participation in either the E -Venfy Program or the Department
Program.
(II) The Engineer is prohibited from using the E -Venfy Program or Department
Program procedures to undertake pre - employment screening of job applicants while this
Agreement is being performed.
(III) If the Engineer obtains actual knowledge that a subconsultant performing work
under this Agreement knowingly employs or contracts with an illegal alien to perform work
under this Agreement, the Engineer shall be required to
A. Notify the subconsultant and the Purchasing Agent of the City within
three (3) days that the Engineer has actual knowledge that the subconsultant is
employing or contracting with an illegal alien, and
B Terminate the subcontract with the subconsultant if within three (3)
days of receiving the notice required pursuant to subparagraph (c)(III)A. above the
subconsultant does not stop employing or contracting with the illegal alien, except
that the Engineer shall not terminate the contract with the subconsultant if, dunng
such three (3) days, the subconsultant provides information to establish that the
subconsultant has not knowingly employed or contracted with an illegal alien.
(IV) The Engineer is required to comply with any reasonable request by the
Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in
the course of an investigation that CDLE is undertaking pursuant to its authonty under §8-
17 5- 102(5), C R.S
(d) Violation of this Section by the Engineer shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Engineer shall be liable for Owner's
actual and consequential damages.
(e) Nothing in this Section shall be construed as requinng the Engineer to violate any
terms of participation in the E -Verify Program.
- 1 9-
(f) Violation of this Section 11 by the Engineer shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Engineer shall be liable for Owner's
actual and consequential damages.
(g) As used in this Section 11, the term " subconsultant" shall mean any subconsultant or
subcontractor of Engineer rendering services with the scope of this Agreement.
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 Short-Eliot Hendrickson, Inc.
Bys >cf-zi-x-e* r By 16•) 2340
Lawrence W Atencio
of the City Council Title ( ?r - 1 ✓1 G i ?4 L
Attest: ■ _ .,,. -r- k_.
City C k
[SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
...47\7„.„,„,..,
Director of Finance
APPROVED AS TO FORM.
av -►`S r / AM L_ l
City Attorne ip /
-20-
APPENDIX A
Project Description and Scope of Engineering Services
NEW 'TRAINING RUNWAY
Pueblo Memorial Airport
Pueblo, Colorado
December 6, 2010
Article I. Project Scope
PROJECT DESCRIPTION
General. The work will be performed and constructed under a Federal Aviation Administration
(FAA) Airport Improvement Program (AIP) grant to the Airport in accordance with Advisory
Circular (AC) 150/5100 -14, "Architectural, Engineering and Planning Consulting Services for
Airport Grant Projects." The work will include the items discussed below
New Training Runway Design. The project consists of the preparation of construction bid
drawings and associated documents for the replacement of existing training runway 8R/26L with
a new 4690 foot long, 75 foot wide training runway to be designated 8L/26R. This new training
runway will be parallel to the existing pnmary runway at Pueblo Memorial, and be located
approximately 1080 feet north of the primary New Runway 8L/26R will cross runway 17/35 and
be onented such that the runway 8 threshold will be lined up due north of the pnmary runway 8
threshold. New training runway 8L/26R will be designed with a full length, 35 foot wide parallel
taxiway, three 35 foot wide connector taxiways to the primary runway In order to construct the
runway 8L/26R, the existing airport Automatic Surface Observation System (ASOS) and existing
Remote Transmitter FAA systems will have to be relocated to new positions shown on the current
Airport Layout Plan (ALP) Additionally, existing FAA cable /conduit systems installed north of
the primary runway to serve the Airport Surveillance Radar (ASR -11) will have to be relocated as
necessary to avoid conflicts with the new runway and taxiways. The new runway 8L/26R will be
designed with Medium Intensity Runway Lighting (MIRL) as well as Medium Intensity Taxiway
Lighting (MITL) This additional lighting will be connected to the existing electrical vault
utilizing new and existing underground conduits, and an additional regulator will need to be
installed in the vault to power these lighting systems. FAA runway visual aids for this runway
are shown as PAPI and REIL systems per the current approved ALP Proposed pavement
markings for this new runway are currently designated as Visual only Significant earthwork
grading will have to occur to provide proper elevation of the new runway and eliminate Part 77
airspace penetration issues for the new runway Additionally, significant drainage improvements
will have to be designed along the full length of the new runway to intercept surface drainage
impacts from existing drainage areas located to the north. Drainage will be collected and directed
both east and west to existing surface drainage features, which will need to be evaluated to
ATTACHMENT A APPENDIX A TRAINING RW DESIGN SCOPE.DOC PAGE 1 OF 10
determine if they will accept these additional flows. Increased flows will be detained north of
William White a United Boulevard in existing and proposed detention areas designed to attenuate
flows before they enter the Arkansas River
At this time, it is anticipated that the new runway will be designed with a flexible pavement
section in order to match existing pavements at Pueblo Memonal, and to provide significant cost
savings over concrete pavement section. Both pavement sections will be evaluated with this
design project, and final costs will be evaluated for pavement selection prior to the bidding
process.
The current estimate of Probable Construction Cost is $11,786,013.50
ATTACHMENT A APPENDIX A TRAINING RW DESIGN SCOPE.DOC PAGE 2 OF 10
SCOPE OF SERVICES
1 Scope Development. Consultant shall develop the project scope to ensure that necessary aspects
of the project are included. The scope development task includes.
• One meeting on Scope discussions with the Airport and the FAA
• Scope Development
• Project Schedule Development
• Cost Proposal Development
• Scope and fee estimates for Sub Consultant work. Sub Consultant proposals will be
acquired for Survey, Geotechnical Investigation work, and Electrical design.
• Contract Negotiations
2. Project Administration/Coordination Services.
Performance of services requires the Consultant to work with, meet with, and attend meetings
with Airport staff, Airport tenants, local governmental agencies, the FAA, Contractors, and such
other consultants to the extent the Consultant determines reasonably necessary for the design and
construction of the Project and performance of Consultant's duties under this Agreement.
Consultant shall coordinate with airport management to minimize impacts on day -to -day airport
operations.
Consultant shall prepare, submit for Airport acceptance, and maintain a detailed design schedule
detailing the Consultant's scheduled performance of the Work.
Consultant shall provide coordination services required to enter into professional agreements with
sub consultants, process monthly invoicing, progress reporting and other associated duties.
Project Closeout to include the following items
• Complete required final FAA closure documentation for the project.
• Archive Project Information including files, electronic documents and drawings.
Provide airport all electronic drawings in AutoCAD Format.
• Demobilize resources and closeout all sub consultant agreements
• Set up and attend a project closeout meeting to discuss project performance and
lessons learned with the client and other stakeholders as necessary
3. Pre - Design Study and Report Phase
The pre - design phase will be completed pnor to the completion of the Preliminary Engineering
Phase and the investigation findings will be included with the Preliminary Engineering submittal.
Site Visit, Investigations and Data Collection
• Consultant shall conduct a pre - design meeting at the Airport's office. The meeting
shall include Airport representatives and other stakeholders to define the project
requirements and schedule.
• Consultant shall investigate existing conditions through site visits and as -built
drawings supplied by the Airport, to determine scope of work and effects on design
construction. It is estimated that two trips to the Airport offices will be necessary, as
well as reproduction of as -built documentation by the Consultant for the Consultant's
use.
ATTACHMENT A APPENDIX A TRAINING RW DESIGN SCOPE.DOC PAGE 3 OF 10
• Consultant shall compile existing data, including existing and proposed utility data,
required to develop the project current conditions and to form the basis for design.
• The utility investigation will be based on as -built documentation provided by the
Airport plus topographic survey information of surface features gathered by the
Consultant.
• It is assumed that the Consultant shall not perform any subsurface investigations to
verify the locations of underground utilities. (Includes FAA faciltities)
• Consultant shall advise the Airport as to the necessity of obtaining additional
information related to the site, necessary for purposes of design.
Goetechnical Investigation. Consultant shall perform a geotechnical investigation of the
proposed runway area, existing tie -in areas, and areas to be graded with this project to allow
completion of the design. It is assumed that the Consultant will subcontract the Geotechnical
work to Kleinfelter, Inc.
Topographical Survey Consultant shall perform a topographic survey of the proposed runway
area, existing tie -in areas, and areas to be graded with this project to allow completion of the
design. It is anticipated that the surveying work for this project shall be competed by SEH.
Airport Layout Plan (ALP) Update. It is assumed that a significant modification of the ALP to
areas inside and outside of the proposed construction areas will be required. These changes will
be made by the Consultant and submitted appropriately to the FAA.
Disadvantaged Business Enterprise (DBE) Goals. Consultant shall prepare and submit a copy
of the 2010 goal summary to the State for approval.
FAA Grant Application. Consultant shall prepare and submit the project grant application to the
FAA.
CDOT Grant Application. Consultant shall prepare and submit the project grant application to
the CDOT Department of Aeronautics.
Environmental Checklist. An Environmental Checklist will not need to be performed for this
project as the FAA has approved a FONSI for this project, effective February 22, 2010
4 Preliminary Engineering Phase (50 %)
Operational Safety Plan. Consultant shall prepare a Construction Operational Safety Plan for
FAA and Airport review
Design / Construction Schedule. Consultant shall prepare a preliminary design / construction
schedule based on the anticipated work duration of the project.
Pavement Design. Consultant shall evaluate the proposed pavement strength and determine the
appropriate new pavement section based on critical aircraft loading cntena. Design criteria shall
be in accordance with the FAA Advisory Circular 150/5320 -6E, "Airport Pavement Design and
Evaluation."
• Standard FAA AIRFIELD design program utilized for new pavement sections
• An evaluation of the recommended pavement design presented in the Geotechmcal
Investigation will be performed and it will be compared to accepted FAA pavement
design principals.
ATTACHMENT A APPENDIX A TRAINING RW DESIGN SCOPE.DOC PAGE 4 OF 10
® An evaluation will be made comparing a proposed flexible pavement section with a
rigid pavement section. Cost and life cycle analysis will be evaluated to determine
the proposed pavement section type.
Drainage Design. Consultant shall evaluate the drainage design necessary to collect and divert all
surface drainage away from the new training runway into local surface drainage elements per
FAA AC 150/5320 It is anticipated that the new runway will intercept a majority of surface
drainage flows from drainage basins located north of the airport. This interception will require
substantial drainage structure design and relocation / modification of surface drainage elements
located both east and west of the proposed runway Drainage impacts of the new training runway
may also require upgrading of existing detention elements designed to attenuate surface drainage
flows before they cross under US -50 to the Arkansas River Drainage design will be included in
the Final Engineering Report for this project.
Electrical / Signage / Marking Design. Consultant shall evaluate the proposed runway, taxiway
and guidance signage electrical systems necessary to meet current FAA Standards. It is
anticipated that the new training runway will require medium intensity runway and taxiway
fighting in addition to new guidance signage and surface markings. Design cntena shall be in
accordance with the FAA Advisory Circulars 150/5340 -30, "Airport Visual Aids ", 150/5340 -18,
"Sign Systems for Airports ", and 150/5340 -1, "Airport Markings." It is also anticipated that
additional modifications to the existing airport electrical vault will have to be completed to
provide power to the new lights and signs for the training runway Existing underground conduits
will be used as much as possible to provide cable to the new lighting and signage systems, but it
is possible that new conduits will have to be installed to carry the new cables from the electrical
vault to the new runway
FAA NAVAIDS Design Coordination. Consultant shall evaluate the existing FAA NAVAIDS
that may impact the new runway It will be necessary to relocate both the existing Remote
Transmitter as well as the Automatic Surface Observation System (ASOS) as both of these
facilities will be impacted by the new runway It is anticipated that FAA Reimbursable
Agreements will have to be prepared to allow grant monies from the approved grant for the
runway construction to be used to relocate these facilities. Additionally, the approved ALP
shows PAPI and REIL equipment to be installed on the new training runway All FAA
equipment will be designed and installed by the FAA for the new runway and SEH will
coordinate reimbursable agreements and design locations of the FAA equipment with this design
contract.
Vertical Control elevations/ Plan Profiles for the Runway Preparation of the runway
elevations shall address:
• Pavement design alternatives
• Evaluation of elevations to meet FAA grade requirements.
® Existing vertical constraints on the selected pavement alternatives.
® FAR Part 77 Airspace
ATTACHMENT A APPENDIX A TRAINING RW DESIGN SCOPE.DOC PAGE 5 OF 10
Preliminary Layouts and Drawings. Consultant shall prepare the necessary layouts and
drawings to depict preliminary design efforts. These drawings shall include
Civil (pavement, plan and profiles, grading, drainage, utilities, electncal systems,
phasing/staging and pavement marking), and other drawings deemed necessary to
describe the developed design. Estimated drawings required to describe the design shall
include:
• Cover / Title Sheet (1 sheet)
• Index to Drawings, General Notes Quantities, and Abbreviations (2 sheets)
• Safety / Phasing Plans (8 sheets)
• Overall Project Site Plan (1 sheet)
• Geotechnical Boring Plans (2 sheets)
• Construction Control Details (1 sheet)
• Survey Control Plan (1 sheet)
• Demolition / Clearing Plan and Details (4 sheets)
• Typical Sections (2 sheets)
• Plan and Profiles (Runway and Taxiways) (40 sheets)
• Pavement Construction Details (4 sheets)
• Grading and Drainage Sheets (10 sheets)
• Grading and Drainage Details (2 sheets)
• Erosion Control Sheets (10 sheets)
• Erosion Control Details (2 sheets)
• Access Road Plan and Profiles (10 sheets)
• Electrical / Lighting Sheets (15 sheets)
• Electrical / Lighting Details (4 sheets)
• Signage Plans (10 sheets)
• Signage Details (4 sheets)
• Pavement Marking Plans (10 sheets)
• Pavement Marking Details (4 sheets)
• 129 Total Estimated Drawing Sheets
Specifications. Consultant shall prepare preliminary technical specifications of the identified
items of work. Specifications to be used include Advisory Circular 150/5370 -10, Standards for
Specifying Construction of Airports (Current Edition)
Consultant shall prepare preliminary contract documents. Specifications shall describe
the character and quality of the entire Project in its essentials as to kinds and locations of
materials. Documents to include consist of the following:
• Invitation for Bids
• Instruction to Bidders
• Proposal
• Bid Documents
• Notice of Award
• Contract Agreement
• Performance and Payment Bonds
• Notice to Proceed
• Notice of Contractor's Settlement
• Wage Rates
• Special Provisions
ATTACHMENT A APPENDIX A TRAINING RW DESIGN SCOPE.DOC PAGE 6 OF 10
• General Provisions
• Technical Specifications
Preliminary Estimates of Construction Cost. Consultant shall prepare preliminary estimate of
construction costs, including recommendations on areas to be reconstructed, preliminary
earthwork and paving quantities.
FAA Form 7460 / 7480 Submittals. Consultant shall prepare the necessary FAA 7460 and 7480
forms and drawings necessary for the FAA to approve impacts to the airspace and approve
construction of the new runway
Peer QA/QC Review Consultant shall conduct a Peer and Quality Control Review for the efforts
performed in all phases of the project. Consultant shall assign an individual who has not worked
on the development of the Drawings and Specifications and who has not played a significant role
in their development. However, the individuals assigned to the Peer and Quality Control Review
shall be thoroughly familiar with the intent of the Drawings and Specifications.
Deliverables. Consultant shall submit four (4) copies of the preliminary design deliverables to
the Airport and one (1) copy to the FAA and the State. Deliverables include:
• Plan Set — Half Size (11" x 17 ")
• List of Specifications
• Cost Estimate
Design Review Consultant shall conduct a review at the 50% design completion with Airport
personnel to solicit comments on the preliminary design. The Consultant shall schedule an
inspection of the project site with the Airport and the FAA (if available) to review other elements
of the design.
5. 100% Design Phase
Detailed Design Documents. Consultant shall prepare Detailed Final Design documents
consisting of drawings, specifications, contract documents and Final Engineering Report. These
Detailed Design documents shall include:
• Further development of the drawing set to a 100% completion, which is intended to
be a complete set in every way pending final review and approval by the Airport and
the FAA.
• Further development of the specifications and contract documents to a 100%
completion. All access control policy and procedures shall be implemented into the
plans, specifications, and bid documents. These documents shall be as complete as
possible including location of pre -bid meeting and bid opening, names of contacts
(individuals /firms) for various facets of the project, and federal requirements to be
adhered to dunng construction.
• Consultant shall update the estimates of Construction Costs, and determine a cost
Schedule breakdown based on expected funding. The Cost estimate, bid quantities,
proposal form, and drawings shall incorporate up to 2 separate schedules of work.
• Modifications to Standards. Consultant shall provide the modifications to FAA
design standards and modifications to FAA technical specifications on standard FAA
forms.
ATTACHMENT A APPENDIX A TRAINING RW DESIGN SCOPE.DOC PAGE 7 OF 10
• Construction Operational Safety Plan. Consultant shall update the Construction
Operational Safety Plan and submit it to the FAA with the Engineer's Report.
• Consultant shall prepare an Engineer's Report in accordance with the FAA cntena.
The report shall include a Summary of the Project Design, DBE goals, Schedule,
Construction Operation Safety Plan, Modification of Standards, Design Analysis,
Geotechnical Investigation Report, and Construction Cost Estimate.
• Construction Duration/Schedule. Consultant shall evaluate the construction
duration/schedule for use in the contract documents.
Peer QA/QC Review Consultant shall conduct a Peer and Quality Control Review for the efforts
performed in the Final Design Phase. Consultant shall assign mdividuals who have not worked
on the development of the Drawings and Specifications and who have not played a significant
role in their development. However, the individuals assigned to the Peer and Quality Control
Review shall be thoroughly familiar with the intent of the Drawings and Specifications.
Deliverables. Consultant shall submit four (4) copies of the deliverables to the Airport and one
(1) copy to the FAA and the State. Deliverables include:
• Plan Set — Half Size (11" x 17 ")
• Contract Documents / Specifications
• Cost Estimate
• Modifications to Standards
• Construction Operational Safety Plan
• Engineenng Design Report and Final Geotechnical Report
• Project Certification
• Response to 50% Review Comments
Design Review Consultant shall conduct a review meeting of the 100% Design with the Airport
and FAA.
6. Final Design Phase (Bid Documents)
Final Drawings, Specifications and Other Deliverables. Consultant shall prepare, for
incorporation in the Contract Documents, final drawings (hereafter called "Drawings ") and
Contract Documents / Specifications to show the work to be furnished and performed by
Contractor On the basis of the accepted Detailed Design documents, Drawings and
Specifications shall be revised to address comments from the 100% review
• Consultant shall complete final quantity calculations for use in construction bid
schedules.
• Consultant shall provide a revised engineer's cost estimate. Quantities and costs
shall be divided by schedule and phase. Consultant shall also provide justifications
for the probable project construction cost.
• Consultant shall provide a final modification to standards and submit it to the FAA
for approval with the final engineenng report.
• Consultant shall provide a final construction operational safety plan.
• Consultant shall provide a final engineenng design report.
• Consultant shall provide a revised construction duration/schedule. Consultant shall
also provide justifications for the construction duration/schedule.
ATTACHMENT A APPENDIX A TRAINING RW DESIGN SCOPE.DOC PAGE 8 OF 10
• Consultant shall provide written response to Airports submitted wntten comments on
the 100% deliverable.
Deliverables. Consultant shall prepare a submittal package based on the 100% review comments.
The Consultant shall reproduce Plans and Technical Specifications for approval Six (6) 11"x17"
half size copies of drawings and specifications shall be prepared for distribution to the Airport,
FAA and State personnel.
7 Design Schedule
Work required in this Scope of Services shall begin upon the Consultant's receipt of Notice To Proceed
and shall be completed pnor to July 15, 2010 Design phase of this project is anticipated to be 4 months.
8. Design Standards
Reference Information. The Consultant shall develop topographic base information and design surveys.
The datum to use for this project shall be the North American Datum (NAD) 83 and/or the North
American Vertical Datum (NAVD) 88 The Airport will supply available information regarding existing
underground utility lines and other subsurface structures as these items will not be surveyed. This
information will be provided, where applicable, to the Consultant in digital form. Airport will also make
available for review previous studies addressing pavement design, drainage, sub - surface soils information
and other issues deemed pertinent by the Consultant. Consultant shall incorporate these previous designs
to the extent possible.
Design Criteria. The Consultant shall develop the design to meet the latest Federal Aviation
Administration (FAA) design critena. Additionally, all improvements should be designed in accordance
with the Airport and CDOT standards as applicable.
9 Bidding Phase
Reproduce Bid Documents. It is anticipated that 25 sets bid documents will need to be reproduced.
Advertise for Bids. Assist the Owner with publication of legal notices and provide notices to appropriate
trade papers and plan rooms. Pnnt and distribute plans and specifications to prospective bidders.
Maintain plan holders list. Answer bidder's questions and prepare any addenda required to clanfy or
modify the plans or specifications
Pre -Bid Meeting. Assist the Owner with facilitation of a mandatory pre -bid meeting for this project.
Consultant shall prepare agenda and attendance sheets for distribution at the meeting as well as prepare
any additional addenda or information distributed to plan holders after the meeting.
Bid Opening and Award. Assist the Owner with the opening of bids. Review the bids for
completeness, prepare a tabulation of each bid that checks for errors, and provide a recommendation of
award. After receiving approval to award, prepare the Construction Contract, Notice of Award, and the
Notice to Proceed for use by the Owner
10. Services During Construction
No services during construction are included in this scope of services. Construction Services will
be negotiated after the Bid Documents have been fully developed.
ATTACHMENT A APPENDIX A TRAINING RW DESIGN SCOPE.DOC PAGE 9 OF 10
11 Scope of Work and Compensation Master List of Assumptions
The following assumptions were used when determining the compensation to the Consultant.
These assumptions are in addition to the scope and additional services set forth in the foregoing
scope of work. Assumptions are as follows.
• Mileage to and from the project site for site visits / meetings will be billed to the Owner at
$0.50 per mile (Federally mandated rate)
• A computer usage charge of $3 00 per hour of labor will be charged for each labor hour
In the event of any conflict between any provision of this Appendix A and any provision of the
Agreement, the provision of the Agreement shall control to the extent of such conflict.
- End of Appendix A -
ATTACHMENT A APPENDIX A TRAINING RW DESIGN SCOPE.DOC PAGE 10 OF 10
APPENDIX B
Fee Schedule
Appendix B
Payments to SEH for Services and Expenses
Using the Lump Sum Basis Option
The Agreement for Professional Services is amended and 5 Additional services as described in Paragraph 2.5
supplemented to include the following agreement of the of the Standard Form Agreement shall be paid
parties: based on an hourly basis for payment for services
provided by SEH. SEH shall be compensated
A. Lump Sum Basis Option monthly Monthly charges for services shall be
The Owner and SEH select the Lump Sum Basis for based on SEH s current billing rates for
Payment for the services described in the Scope of applicable employees plus charges for expenses
Work. During the course of providing its services, SEH and equipment. (see attached tables)
shall be paid monthly based on SEH's estimate of the
percentage of the work completed. Necessary expenses C Expenses
and equipment are provided as a part of SEH's services The following items involve expenditures made by
and are included in the initial Lump Sum amount. Each SEH employees or professional consultants on behalf
Supplemental Letter Agreement shall itemize the of the Owner and shall be paid for as described in this
expenses and equipment whose cost is included in the Agreement.
Lump Sum amount. Total payments to SEH for work 1 Transportation and travel expenses.
covered by the Lump Sum Agreement shall not exceed
the lump sum amount of $614,216.00 without written 2 Lodging and meal expenses connected with the
authorization from the Owner Project.
The Lump Sum amount includes compensation for 3 Fees paid for, in the name of the Owner, for
SEH's services and the services of SEH's Consultants, securing approval of authorities having
if any Appropriate amounts have been incorporated in jurisdiction over the Project.
the initial Lump Sum to account for labor, overhead, 4 Report, Plan and specification reproduction
profit, expenses and equipment charges. The Owner expenses.
agrees to pay for other additional services, equipment,
and expenses that may become necessary by 5 Other special expenses required in connection
amendment to complete SEH's services at their normal with the Project.
charge out rates as published by SEH or as available 6 The cost of special consultants or technical
commercially services as required. The cost of subconsultant
services shall include actual expenditures plus
B. Other Provisions Concerning Payments 15% markup for the cost of administration and
1 Invoices will be prepared in accordance with insurance.
SEH's standard invoicing practices and will be The Owner shall pay SEH monthly for expenses.
submitted monthly to Owner by SEH, unless
otherwise agreed. SEH will not invoice the D Equipment Utilization
owner until fiscal year 2009 FAA grant funding The utilization of specialized equipment, including
has been secured by the owner automation equipment, is recognized as benefiting the
2. Invoices are due and payable within 30 days of Owner The Owner therefore, agrees to pay the
receipt. SEH reserves the right to retain products reasonable cost for the use of such specialized
of service until all invoices are paid in full. equipment on the project.
3 In the event of a disputed or contested invoice, Equipment provided by SEH will be billed to the
only that portion so contested may be withheld Owner monthly SEH invoices will contain detailed
from payment, and the undisputed portion will be information regarding the use of specialized equipment
paid. on the project that is to be reimbursed by the Owner
4 Should taxes, fees or costs be imposed, they shall Charges will be based on the standard rates for the
be in addition to SEH's estimated total equipment published by SEH.
compensation. The Owner shall pay SEH monthly for equipment
utilization.
Appendix B
SEH Hourly Billing Rates — Aviation, Rocky Mtn. Region
OFFICE STAFF
Principal $175 00
Project Manager $145 00
Senior Engineer /Planner /Scientist $120 00
Staff Engineer /Planner /Scientist $100 00
Associate Engineer /Planner /Scientist $85 00
Engineering Technician $75 00
CADD Operator $65 00
Word Processmg/Clencal $60 00
FIELD STAFF
Lead Project Representative / Construction Manager $105 00
Senior Field Representative $90 00
Project Representative $70 00
COMPUTER EQUIPMENT
Computer Charges per Direct Hour of Labor $3 00
VEHICLES
Company /Personal 2 -Wheel Dnve per Day $35 00
Company /Personal 4 -Wheel Dnve per Day $55 00
Company /Personal Mileage ($ per mile) $0 50
Rental Actual Cost
EXPENSES
Out of Town Meals and Lodging Actual Cost or Federal Per Diem Rates
Copies, Shipping and Misc. Costs Actual Cost
Sub - consulting Services Actual Cost
Travel costs for all services other than construction services will be billed from
the Denver SEH office. Travel costs, meals and lodging for out of town
construction staff will be billed from our regional aviation office in Denver, Colorado
Appendix B
APPENDIX C
Identification of Personnel, Subcontractors
And Task Responsibility
Appendix C
Identification of Personnel,
And Task Responsibility
Short Elliott Hendrickson Inc. John Simmer
Western Regional Manager
Phone: 720.540 6839
Fax. 720 540 6801
Email simmer @sehmc.com
Tom Beattie
Regional Aviation Manager
Phone: 720 540 6818
Fax. 720 540 6801
Email tbeattie @sehinc com
Eric McClure
Project Manager
Phone 720.540 6828
Fax 720.540 6801
Email emcclure @sehmc.com
Matt Kasson
Project Engineer
Phone 720 540 6817
Fax 720 540 6801
Email mkasson@sehinc.com
Sub - Consultants
SEH, Inc. John McGuire
(Surveying) Phone 303.986 1444
Fax 303 986 0994
Email imcguire @sehinc.com
Kleinfelder Inc. Larry Frank
(Geotechnical Investigation) Phone 719 546 1152
Fax 719 546 1150
Email larryfrank@kleinfelder com
Appendix C 2
Appendix D — "PERA Supplemental Questionnaire"
-17-
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24 -51 1101(2), C.R.S salary or other compensation from the employment, engagement,
retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees
Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an
affiliated party by the City of Puehlo to perform any service as an employee, contract employee, consultant, independent
contractor or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo.
Therefore, as a condition of contracting for services with the City of Puehlo, this document must he completed, signed
and returned to the City of Pueblo
(a) Are you, or do you employ or engage in any capacity incl ing an independent contractor a PERA Retiree
who will perform any services for the City of Puehlo? Yes , No (iWusi sign below whether you answer 'yes or
00 }
(b) If you answered `yes to (a) above, please answer the following question: Are you an individual, sole
proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes
, No__ II' you answered `yes please state which of the above entities host describes your business.
(c) If you answered "yes" to both (a) and (h), please provide the name, address and social security number of
each such PERA Retiree.
Name -- --._�_ Name
Address Address - - - --
Social Security Number Social Security Number
(If more than two, please attach a supplemental list)
If you answered `yes to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution
required to he paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or
paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of
Puehlo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or
payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you
and the City of Pueblo.
Failure to accurately complete, sign and return this document to the City of Pueblo may
result in your being denied the privilege or doing business with the City of Pueblo.
Signed _ ,0 Z o , 20 1
60 ' 7 --- -etert 7t
By 9/40 i.,/e/ Orr P firk/4 4 CiefeAl
r
Name. -- r - Pt) eg / / 1 E.
Title r g1 W
For purposes of responding to question (h) above, an affiliated party' includes (1) any person who is the named beneficiary or
coheneticiary on the PERA account of the PERA Retiree, (2) any person who is a relative of the PERA Retiree by blood or
adoption to and including parents, siblings, half- siblings, children, and grandchildren; (3) any person who is a relative of the
PERA Retiree by marriage to and including spouse, spouses parents, stepparents, stepchildren, stcpsiblings, and spouse s
siblings, and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the
performance of services for the City of Puehlo by the PERA Retiree other than the PERA Retiree s regular salary or
compensation.