HomeMy WebLinkAbout12361RESOLUTION NO. 12361
A RESOLUTION APPROVING A CONTRACT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND SHORT ELLIOTT HENDRICKSON (SEH)
INCORPORATED, A MINNESOTA CORPORATION, TO
PROVIDE ENGINEERING SERVICES FOR IMPROVEMENTS
AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE
SAME
WHEREAS, Statement of Qualifications for engineering services were requested and
received and a committee was formed to evaluate these qualifications; and
WHEREAS, the committee selected Short Elliott Hendrickson (SEH) 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.
The Contract for Engineering Services dated April 9, 2012, by and between the City of
Pueblo, a Municipal Corporation, and Short Elliott Hendrickson (SEH) Incorporated, a
Minnesota Corporation, to provide engineering services for improvements to Pueblo Memorial
Airport, a copy of which is attached hereto, having been approved as to form by the City
Attorney, 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: April 9, 2012
BY: Leroy Garcia
COUNCIL PERSON
Background Paper for Proposed
R
ESOLUTION
# M-10
AGENDA ITEM
DATE: April 9, 2012
DEPARTMENT:
DEPARTMENT OFAVIATION
MARK LOVIN, DIRECTOR
TITLE
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND SHORT ELLIOTT HENDRICKSON (SEH)
INCORPORATED, A MINNESOTA CORPORATION, TO PROVIDE ENGINEERING
SERVICES FOR IMPROVEMENTS AT PUEBLO MEMORIAL AIRPORT AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve a contract between the City of Pueblo and Short Elliott
Hendrickson (SEH) to provide engineering services for improvements at Pueblo Memorial
Airport?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
FAA Rules and Regulations require a public advertisement and selection of an airport
engineering firm. Statement of Qualifications for engineering services were requested and
received. A committee was formed and evaluated these qualifications and Short Elliott
Hendrickson (SEH) 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.
Extension Agreement
THIS EXTENSION AGREEMENT entered into as of Feb. 25, 2015 between the City of
Pueblo, a municipal corporation ("City") and Short Elliott Hendrickson (SEH) Incorporated
("Engineer"), WITNESSETH
Whereas, City and Engineer entered into a Contract dated April 9, 2012, commencing
February 24,2012 for engineering services at the Pueblo Memorial Municipal Airport("Contract"),
and
Whereas, the initial 3-year term of the Contract expired February 24, 2015, and
Whereas, Paragraph 2 of the Contract provides that the initial term of the Contract may be
extended for two additional 1-year terms, and
Whereas, City and Engineer are desirous of extending the initial term of the Contract for
an additional 1-year term.
Now, therefore, in consideration of the foregoing and mutual covenants contained herein,
City and Engineer agree as follows:
1. The term of the Contract is extended for one year commencing February 25, 2015
and ending February 24, 2016 upon the same terms and conditions ("Extended Term").
2. The Contract as extended, shall remain in effect during the Extended Term and
shall be binding upon and inure to the benefit of City and Engineer and their respective
successor, provided, however, Engineer shall not assign the Contract or any interest therein
without the prior written consent of City.
Executed the day and year first above written.
City • ' .a:-:, y al corporate•
Attest: By �...►% _�
Cit Jerk Stephen G. Nawrocki
President of the City Council
Short Elliott Hendrickson (SEH),
Incorporatedd ,
Attest: BCD—
Name Name Thomas J. Beattie
Title Title Principal
CONTRACT FOR ENGINEERING SERVICES
THIS CONTRACT entered into as of April 9, 2012 between the City of Pueblo, a municipal
corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City") and Short Elliott Hendrickson
(SEH) Incorporated, a Minnesota corporation, Colorado Center Tower One, Suite 6000, 2000 South
Colorado Boulevard, Denver, Colorado 80222 -7923 (the "Engineer "), WITNESSETH:
Recitals
A. The City owns the Pueblo Memorial Airport ( "Airport") and solicited competitive
proposals for the provision of architectural, engineering and planning services and related incidental
and special services for future projects at the Airport ( "Request For Proposals ").
B. In response to the Request for Qualifications, Engineer submitted its statement of
qualification and experience for architectural, engineering and planning services ( "Response ").
C. City has evaluated all Responses submitted and selected Engineer to perform
engineering services for various anticipated projects at the Airport.
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants, City
and Engineer agree as follows:
1. Engagement.
(a) City engages Engineer and Engineer accepts such engagement to perform the
services set forth in this Contract and the Standard Form of Agreement For Professional Engineering
Services ( "Standard Form of Agreement ") execution of which will be required for each project as
may be directed by the City. A copy of the Standard Form of Agreement is attached hereto.
Anticipated projects (the "Projects ") include:
• Rehabilitate /reconstruct a portion of Runway 17/35
El Install new Runway 17/35 edge lighting
• Construct/extend parallel Taxiway "C"
• Construct new "training" runway and associated connector taxiways
• Realign and reconstruct Taxiway "A"
• Realign and reconstruct terminal apron
• Realign and reconstruct connector Taxiway "A9"
• Navaid improvements (Install RW 17 PAPI, ATIS Transmitter)
• Acquire snow removal equipment (SRE)(vehicle with plow)
• Acquire ARFF vehicle
▪ Improve terminal vehicle parking and access road (nonfederal)
(b) City may, or may not, in its sole discretion undertake any of the Projects.
Upon written direction from City, the Engineer shall complete and deliver to City the Standard Form
of Agreement for each of the Projects as directed by City.
(c) Engineer shall prepare and submit with the Standard Form of Agreement for
each specified Project, Appendix A - Scope of Services, Appendix B - Fee Schedule, and Appendix
C - Identification of Personnel, Subcontractors and Task Responsibility.
(d) Within a reasonable time after receipt of the Standard Form of Agreement and
Appendixes, City will review same, perform appropriate cost and fee comparisons and analysis, and
advise Engineer if the Standard Form of Agreement and Appendixes are acceptable to City, or which
modifications or changes City requests with respect thereto.
(e) After mutual approval of the terms and provisions of the Standard Form of
Agreement and Appendixes, City will submit same to City Council of City for approval.
2. Term. This Contract is for a term of three (3) years commencing February 24, 2012
and ending February 24, 2015. The term of this Contract may be extended for an additional period
of two (2) years by way of two (2) one (1) year options, upon mutual agreement of City and
Engineer. This Contract may be terminated by either party at any time, without cause or liability,
upon ninety (90) days prior written notice given to the other party specifying the date of termination,
provided, however, that the termination of this Contract shall not terminate or be deemed to
terminate any then existing Standard Form of Agreement executed by and between the parties with
respect to any specified Project.
3. General Covenants. Engineer covenants that it is
(a) competent and qualified to perform and will perform the services and work
contemplated by this Contract and the Standard Form of Agreement in a professional manner to the
satisfaction of City.
(b) familiar with the regulations and requirements of the Federal Aviation
Administration ( "FAA ") with respect to the services and work contemplated by this Contract and
Standard Form of Agreement and will perform such services and work in compliance therewith.
4. Records and Database. Engineer shall maintain a cost accounting system acceptable
to City and FAA. The City, FAA, and the Comptroller General of the United States, or any of their
duly authorized representatives, shall have access to any books, documents, papers and records of the
Engineer which are directly pertinent or relate to this Contract or any Standard Form of Agreement
for a specified Project, for the purpose of making audit, examination, inspection, excerpts, and
transcriptions. The Engineer shall maintain such records for three years after City makes final
payments to Engineer and all pending matters are closed. Engineer shall prepare and maintain an
electronic database (compatible with Auto CAD) that accurately represents all existing and future
civil infrastructure for all Projects completed under this Contract and any Standard Form of
Agreement for a specified Project.
5. Specific Covenants. Engineer covenants that, during the performance of this Contract
and any Standard Form of Agreement for a specified Project, Engineer will:
(a) comply with all federal statutes and regulations relating to nondiscrimination
in federally assisted programs including without limitation the Airport and Airway Development Act
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(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 regulations 41 CFR Part 60.
(b) comply with the provisions of Department of Transportation regulations 49
CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to
complete for and perform contracts financed in whole or in part with federal funds.
(c) comply with the Department of Transportation Trade Restriction regulations
49 CFR Part 30.
(d) comply with all other applicable federal, state and local laws and regulations.
6. Rights to Inventions. All rights to inventions and materials generated under this
Contract or any Standard Form of Agreement for a specified Project are subject to regulation issued
by the FAA and Engineer shall comply with those regulations.
7. Insurance and Indemnity.
(a) Engineer agrees that it has procured and will maintain during the term of this
Agreement, such insurance as will protect it and City from claims under workers' compensation acts,
claims for damages because of bodily injury including personal injury, sickness or disease or death of
any of its employees or of any person other than its employees and from claims or damages because
of injury to or destruction of property including loss of use resulting therefrom; and such insurance
will provide for coverage in such amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Engineer shall obtain and keep in
force is as follows:
(1) Workers' Compensation Insurance complying with statutory require-
ments in Colorado and in any other state or states where the work is
performed.
(2) Comprehensive Commercial and Automobile Liability Insurance with
limits not less than One Million and No /100 Dollars ($1,000,000.00)
per person and occurrence for personal injury, including but not
limited to death and bodily injury, One Million and No /100 Dollars
($1,000,000.00) per occurrence for property damage, and One Million
Five Hundred Thousand and No /100 Dollars ($1,500,000.00) for
excess umbrella liability.
(3) Professional Liability Insurance in amounts not less than One Million
and No /100 Dollars ($1,000,000.00) covering services and work
performed by Engineer for City under this Contract and Standard
Form of Agreement for a specified Project.
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(c) Engineer shall furnish to City a certificate or certificates of insurance showing
compliance with this section 7. Engineer shall obtain a special endorsement from its insurance
carrier that provides that the insurance shall not be changed or cancelled until after ten (10) days after
written notice has been given to City, and provide a copy of such endorsement 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.
8. Certifications. Engineer certifies that
(a) Neither Engineer nor any of its principals are presently, or at the time of
execution of any Standard Form of Agreement for a specified Project will be, debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
Contract or in any such subsequent Standard Form of Agreement for a specified Project by any
Federal department or agency. Engineer will include this clause in all lower tier transactions,
solicitations, proposals, contracts, and subcontracts.
(b) Engineer is not owned or controlled by one or more citizens of a foreign
country included in the list of countries that discriminate against U.S. firms published by the Office
of the United States Trade Representatives and that it will comply with the Department of
Transportation trade restriction regulations 49 CFR Part 30. Engineer will include this clause and
other clauses required by said trade restriction regulations in all lower tier transactions, solicitations,
proposals, contracts and subcontracts.
9. Notices. Any notice required or permitted by this Contract shall be in writing and
may be served personally or mailed by first -class mail, postage prepaid, addressed to the party at its
address shown on the first page hereof, and if to the City, a copy of thereof shall be given to Mark
Lovin, Director of Aviation, 31201 Bryan Circle, Pueblo, Colorado, 81001. Either party may change
addresses upon written notice given to the other party specifying the changed address.
10. Financial Obligations of City. All financial obligations of the City under this Contract
in any subsequent fiscal year of City are subject to and contingent upon funds being specifically
budgeted and appropriated for such purposes. This Contract is expressly made subject to the
limitations of the Colorado Constitution. Nothing herein shall constitute, nor deemed to constitute,
the creation of a debt or multi -year fiscal obligation or an obligation of future appropriations by the
City Council of Pueblo, contrary to Article X, § 20 Colorado Constitution or any other constitutional,
statutory or charter debt limitation. Notwithstanding any other provision of this Contract, with
respect to any financial obligation of the City which may arise under this Contract in any fiscal year
after 2012, in the event the budget or other means of appropriations for any such year fails to provide
funds in sufficient amounts to discharge such obligation, such failure shall not constitute a default or
breach of this Contract by the City and the City may terminate this Agreement without liability.
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11. Miscellaneous.
(a) This Contract shall be governed and interpreted in accordance with the laws of
the State of Colorado.
(b) In the event of any litigation arising out of this Contract, the court shall award
to the prevailing party its costs and reasonable attorney fees. Venue for any such litigation shall be
Pueblo County, Colorado.
(c) This Contract contains the entire agreement between the City and Engineer
and incorporates all prior written and oral understandings and agreements between the parties.
(d) This Contract may only be modified or amended by written instrument signed
by both City and Engineer.
(e) This Contract shall be binding upon and inure to the benefit of City and
Engineer and their respective successors and assigns, provided, however, engineer shall not assign
this Contract or any interest herein without the prior written consent of City.
12. FAA Review. This Contract is subject to and contingent upon FAA review.
Executed the day and year first above written.
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
Attest: By A:; / /4eir
City erk 's K. au an
President of the City ouncil
Approved as to form:
- A
City Attome W
SEH INCORPORATED
•
Attest: By ! a►.- ,.... -�
Name: Name: / e •• 3 G 4. ,' e ' r
Title: Title: 7/ t r1 e
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Appendix A
Scope of Services
• Rehabilitate /reconstruct a portion of Runway 1 7/35
• Install new Runway 17/35 edge lighting
• Construct/extend parallel Taxiway "C"
• Construct new "training" runway and associated connector taxiways
• Realign and reconstruct Taxiway "A"
• Realign and reconstruct terminal apron
• Realign and reconstruct connector Taxiway "A9"
• Navaid`improvements (Install RW 17 PAPI, ATIS Transmitter)
• Acquire snow removal equipment (SRE)(vehicle with plow)
▪ Acquire ARFF vehicle
• Improve terminal vehicle parking; and access road (nonfederal)