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HomeMy WebLinkAbout13785RESOLUTION NO. 13785 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC., AN ARIZONA CORPORATION, DBA DIBBLE ENGINEERING 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 Dibble and Associates Consulting Engineers, Inc., dba Dibble Engineering (“Dibble Engineering”) as the most qualified to service the Pueblo Memorial Airport; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract for Engineering Services, by and between the City of Pueblo, a Municipal Corporation, and Dibble Engineering, 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 the City of Pueblo, and the City Clerk shall affix the Seal of the City thereto and attest the same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Contract to effectuate the transactions described therein. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED September 25, 2017 BY: Ed Brown City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 25, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Ian Turner, Director of Aviation SUBJECT: A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC., AN ARIZONA CORPORATION, DBA DIBBLE ENGINEERING TO PROVIDE ENGINEERING SERVICES FOR IMPROVEMENTS AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached is a Resolution approving a Contract with Dibble and Associates Consulting Engineers, Inc., dba Dibble Engineering (“Dibble Engineering”) to provide engineering services for improvements at Pueblo Memorial Airport. PREVIOUS COUNCIL ACTION: None. 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. The firm selected as the most qualified was Dibble Engineering. FINANCIAL IMPLICATIONS: 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. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: City Council could not approve this contract and the Department of Aviation would go without an Engineer of Record. However, the lack of an Engineer of Record would position the Department of Aviation to not effectively compete for Federal and State grants for airport improvements. RECOMMENDATION The Department of Aviation recommends approval of this Resolution. Attachments: Contract for Engineering Services MASTER AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT entered into as of September 25, 2017, between the City of Pueblo, a municipal corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City") and Dibble & Associates Consulting Engineers, an Arizona_corporation, dba Dibble Engineering, 7878 N. 16th Street, Suite 300, Phoenix,Arizona, 85020, (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 Qualifications or RFQ"). 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 and realign portions of the commercial apron ▪ Airfield lighting installation • Airport perimeter wildlife fencing • Taxiway A and connector rehabilitation ▪ Runway 8R/26L rehabilitation ▪ Snow removal equipment acquisition • Hangar architecture, design, and construction ▪ Pavement maintenance including sealcoats and crack sealing (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 October 1,2017 and ending September 30, 2020. The term of this Contract may be extended for an additional period of two (2) years by way of two (2) one(1) year options, upon mutual agreement of City and Engineer. This Contract may be terminated by either party at any time, without cause or liability, upon ninety (90) days prior written notice given to the other party specifying the date of termination, provided, however, that the termination of this Contract shall not terminate or be deemed to terminate any then existing Standard Form of Agreement executed by and between the parties with respect to any specified Project. 3. General Covenants. Engineer covenants that it is, (a) competent and qualified to perform and will perform the services and work contemplated by this Contract and the Standard Form of Agreement in a professional manner to the satisfaction of City. (b) familiar with the regulations and requirements of the Federal Aviation Administration (FAA) with respect to the services and work contemplated by this Contract and Standard Form of Agreement and will perform such services and work in compliance therewith. 4. Records and Database. Engineer shall maintain a cost accounting system acceptable to City and FAA.The City,FAA,and the Comptroller General of the United States,or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Engineer which are directly pertinent or relate to this Contract or any Standard Form of Agreement for a specified Project, for the purpose of making audit, examination, inspection. excerpts, and transcriptions. The Engineer shall maintain such records for three years after City makes final payments to Engineer and all pending matters are closed. Engineer shall prepare and maintain an electronic database (compatible with Auto CAD) that accurately represents all existing and future civil infrastructure for all Projects completed under this Contract and any Standard Form of Agreement for a specified Project. 5. Specific Covenants. Engineer covenants that, during the performance of this Contract and any Standard Form of Agreement for a specified Project, Engineer will: (a) comply with all federal statutes and regulations relating to nondiscrimination in federally assisted programs including without limitation the Airport and Airway Development Act(49 USC §1730),Title VI of the Civil Rights Act of 1964(P.L. 88-352,Department of Transportation Regulation 49 CFR Part 21, and Executive Order 11246 entitled "Equal Employment 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 below. (b) The minimum insurance coverage which Engineer shall obtain and keep in force is as follows: (1) Workers'Compensation Insurance complying with statutory requirements 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 Dollars ($1,000,000.00) covering services and work performed by Engineer for City under this Contract and Standard Form of Agreement for a specified Project. (c) Engineer shall furnish to City a certificate or certificates of insurance showing compliance with this section 7. 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 CPR 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 he given to 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 2017, 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. 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. (f) Nothing in this Contract is intended,nor should it be construed,to create any rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred under federal or state law,including but not limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S. 12. FAA Review. This Contract is subject to and contingent upon FAA review. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO,A MUNICIPAL CORPORATION CONSULTANT dipame: b j b10 l G rvI l l v►LZv i^3 By J i•e • Pres • City Council Title: V res, v.f Attest: `� , --,,_rr" --1z � � City C [ SEAL] BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. itvai --si,„-\ Director of Finance APPROVED AS TO FORM: City Attorney AMENDMENT NO. I TO THE MASTER AGREEMENT FOR ENGINEERING SERVICES THIS AMENDMENT NO. 1 ("Amendment")is made and entered into this 25" day of Se'p.4u- , 2020, by and between the City of Pueblo, a Municipal Corporation, ("City") and Dibble& Associates Consulting Engineers, an Arizona Corporation, dba Dibble Engineering ("Engineer"). W ITN ESSETH: WHEREAS, 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 Qualifications"); and WHEREAS, in response to the Request for Qualifications, Engineer submitted its statement of qualification and experience in architectural, engineering, and planning services ("Response"); and WHEREAS,City evaluated all submitted responses and selected Engineer's Response;and WHEREAS,based on the Response, City and Engineer entered into the Master Agreement for Engineering Services("Master Agreement") dated September 25, 2017 and evidenced through City Resolution No. 13785; and WHEREAS, City and Engineer now desire to exercise the option set forth in the Master Agreement to extend the term thereof for an additional one year. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Engineer agree to amend the Master Agreement as follows: AGREEMENT: I. Pursuant to Section 2, Term, of the Master Agreement, the parties hereby exercise their option to extend the agreement for an additional one-year term. Unless sooner terminated in accordance with the Master Agreement, the term of said agreement shall henceforth conclude on September 30, 2021. 11, Except as expressly modified by this amendment, the Master Agreement shall remain in full force and effect. Except as hereby modified, the obligations of either party to be performed under the Master Agreement are not waived nor excused in any manner but shall be performed in accordance with the terms and conditions of the Master Agreement as it existed prior to this amendment. Page 1 of 2 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of this day and year first above written. // DATED THIS /6 day of /Yd am.,.+a f , 2020. [ SEAL ] CITY OF PUEBLO, A MUNICIPAL CORPORATION ATTES' .4,1 c. (1 ( 2 By: 77L..Lt ,4te fcam 5 City Clerk Nicholas A. Gradisar, ayor Approved as to form: City Attorney DIBBLE & ASSOCIATES CONSULTING ENGINEERS, AN ARIZONA CORPORATION N.,ATTEST: By: A10 o.r Poh % L Vice ' -.ident JAMES HODGE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204019204 MY COMMISSION EXPIRES JUNE 02,2024 Page 2 of 2