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HomeMy WebLinkAbout09961 ORDINANCE NO. 9961 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC., AN ARIZONA CORPORATION, TO PROVIDE ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES IN THE AMOUNT OF $135,313 FOR THE TAXIWAY E RECONSTRUCTION PROJECT NO. AP2101 AT THE PUEBLO MEMORIAL AIRPORT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A certain Agreement for Professional Engineering Services (“Agreement”), a copy of which is attached hereto and made part hereof by reference, by and between the City of Pueblo, a Municipal Corporation, and Dibble and Associates Consulting Engineers, Inc., an Arizona Corporation, to provide construction administration services for the Taxiway E Reconstruction Project No. AP2101 at Pueblo Memorial Airport, after having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The approval of this Agreement is contingent upon the final passage of the Ordinance accepting the Federal Aviation Administration AIP Grant Agreement No. 3-08-0046-041-2021 (“Grant”) and the execution thereof. SECTION 3. The Mayor is hereby authorized to execute the Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 4. Funds in the amount of 135,313.00 shall be expended from the Taxiway E Reconstruction Project No. AP2101 in accordance with the Agreement for Professional Engineering Services. SECTION 5. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement to implement the policies and procedures described therein. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 28, 2021 Final adoption of Ordinance by City Council on July 12, 2021 . President of City Council Action by the Mayor: ☒ Approved on July 14, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 28, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Greg Pedroza, Interim Director of Aviation SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC., AN ARIZONA CORPORATION, TO PROVIDE ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES IN THE AMOUNT OF $135,313 FOR THE TAXIWAY E RECONSTRUCTION PROJECT NO. AP2101 AT THE PUEBLO MEMORIAL AIRPORT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves an agreement for construction administration and engineering services for the Taxiway E reconstruction project. The approval of this agreement is contingent upon the final passage of the Ordinance approving the FAA Airport Improvement Program (AIP) Grant Agreement No. 3-08-0046-041-2021. PREVIOUS COUNCIL ACTION: City Council approved a design agreement between the City and Dibble Engineering on January 25, 2021 under Ordinance No. 9869. That Ordinance also established the Taxiway E Reconstruction Project No. AP2101. BACKGROUND The Agreement is for the construction management of the Taxiway E Reconstruction project. Dibble Engineering will oversee the reconstruction of a portion of the apron edge as Taxiway E and rehabilitation of the apron edge taxiway (seal coat) at the Pueblo Memorial Airport. FINANCIAL IMPLICATIONS: The total fee for construction administration services is $135,313.00. Funding is included in Project No. AP2101, subject to the acceptance of the associated FAA grant agreement. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this agreement is not approved and the FAA grant is accepted, the engineers that have designed the project will not oversee the work to completion as preferred by the FAA. If the FAA grant is not accepted, the project will not be completed, and the money spent on the design of the project will not be reimbursed by the FAA. RECOMMENDATION The Department of Aviation recommends approval of this Ordinance. Attachments: Proposed Ordinance Federal Aviation Administration – Letter of Concurrence of Fee Agreement for Professional Engineering Services STANDARD FORM OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made and entered this e day of .S u 4 y , 2021 ("Effective Date") by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner"), and Dibble and Associates Consulting Engineers, Inc., an Arizona Corporation, doing business as Dibble Engineering, a professional engineering firm(hereinafter"Engineer"),for Engineer to render certain professional planning, design,engineering, construction administration, and related services for Owner in connection with Project No.AP2101, Project Name: Reconstruct Portion of Apron Edge as Taxiway"E"(E6 to E7)and Rehabilitate Portion of Apron Edge Taxiway(Seal Coat),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 satisfactorily perform professional engineering services for all phases of Project indicated below by mark placed in the appropriate box or boxes: [ ] - Study and Report Phase [ ] - Preliminary Design(Schematic)Phase [ ] - Final Design Phase [ ] - Construction Documents& Bidding Phase [X] - 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 engineering services and the furnishing (directly or through its professional consultants) of customary and usual civil, structural, mechanical, electrical engineering, environmental, and planning services. Engineer shall also provide any landscape engineering, surveying and geotechnical services incident to its work on the Project. 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 engineering services (whether furnished directly or through a professional consultant subcontract) shall be performed under the direction and supervision of a registered 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 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 architect services provided under this Agreement shall be performed under the direction and supervision of an architect licensed to practice architecture in the state of Colorado. (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) - 1 - SECTION 2. ENGINEERING 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 authorities 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 appropriate 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 two (2) 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 during 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 or Report on the Project. (b) Prepare and submit to Owner preliminary design documents consisting of final design criteria, preliminary drawings, an outline of specifications, and written descriptions 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 risks 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 two(2)copies of each above referenced submittal document to Owner for Owner's use,and shall review same in person with Owner. (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) - 2 - 2.3 Final Design Phase. If Engineer is to provide professional services with respect to the Project during 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 Preliminary 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 requirements therefor. Such plans and Specifications shall comply with all applicable building codes and requirements of regulatory agencies having any approval authority, including but not limited to any requirements of the Federal Aviation Administration. Final design, including Drawings and Specifications, shall also comply with ADA Accessibility 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 compliance 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 criteria, written descriptions 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, professional compensation, consultant fees, land and right of way costs, damages, and finance costs, if any. (e) Engineer shall furnish two(2)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 during 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 preparing 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 appropriate to correct errors, clarify Drawings or Specifications or advise of changes.Two(2)copies of these final bid documents shall be furnished to Owner. Unless otherwise specified in Appendix A, a copy of all contract documents and drawings shall also be submitted to Owner in Microsoft Word and AutoCAD(2018 or later version)format on electronic media. (c) Make recommendations to Owner concerning the need for prequalification of equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification 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. (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) - 3 - (e) Consult with and make recommendations to Owner concerning: acceptability of bidders, subcontractors, suppliers, materials,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 during 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. (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 written 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 delivering 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. (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) -4 - (1) The Engineer shall, if so provided in the construction contract, be the interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written 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 written objections thereto with the Architect 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 the 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; and 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 engineering 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, subcontractors, and consultants in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees,subcontractors,and consultants and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to Engineer's employees, subcontractors, and consultants. (e) Engineer acknowledges that, due to the nature of engineering 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 right 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. Within five (5) days of execution of this Agreement, Engineer shall designate in writing 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 (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) - 5 - Owner's time table for achievement of interim 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 writing(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(iii)a reasonable estimate of the cost of such work. Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized 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. (a) Engineer understands that Owner will be funding the Project in part or in whole by grants or loans from the Department of Transportation, Federal Aviation Administration (the "Federal Agency"). Engineer agrees it is subject to and shall comply with all applicable grant or loan conditions and the regulations of the Federal Agency which apply to the work under this Agreement, whether referenced in Appendix A or not. All applicable loan or grant conditions and regulations of the Federal Agency are incorporated into this Agreement by reference. (b) Owner shall pay Engineer for work completed in accordance with the terms of this Agreement. Engineer understands and accepts that Owner is seeking reimbursement for the Project through applicable Federal loans or grants. Should the applicable Federal Agency indicate that loans or grants shall not be granted or approved by the Agency, performance under this Agreement shall be placed on hold until such time as the funds are granted and approved, except that no such extension shall continue past the expiration of the initial term of the master agreement approved through City of Pueblo Resolution No. 13785. Should Owner determine in its sole discretion that grant or approval of the required funds is impossible or unlikely, this Agreement shall terminate immediately upon notice from Owner and Owner shall not be liable for any cost or fee under this Agreement. 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 authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, 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. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer,and render written decisions pertaining thereto within a reasonable (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) - 6 - time. The Owner's approval of Drawings, design, Specifications, reports, and incidental engineering 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 rights 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 period of fourteen (14) days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of forty-five(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 period of time as may reasonably be required for completion of the work contemplated in Appendix A - Scope of Services and Sections 1 and 2 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, an amount not to exceed $135,313.00 in the aggregate and not to exceed those maximum amounts set forth in Section 4, "Construction Coordination and Inspection", and Section 5, "Post Construction Phase Services", in Appendix B - "Fee Schedule" and computed in accordance with this Section. In the event compensation for services is set forth in Appendix B as to each phase of work indicated in Section 1.1 of this Agreement,the maximum amount of compensation for any phase shall not exceed the amount specified in Appendix B for such phase, and together shall not exceed the maximum aggregate set forth herein. 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 forty(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 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 applications 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 clerical time, or similar expenses unless otherwise provided and listed in Appendix B - "Fee Schedule." (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) - 7 - 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 authorized work beyond the scope of this Agreement shall be governed by Paragraph 2.6(g). Section 6. Term and Termination 6.1 Term. The term of this Agreement begins on the Effective Date and ends on December 31, 2021, unless sooner terminated in accordance with this Agreement. City reserves the right to extend the term of this Agreement in one-year increments by written acceptance of both parties. 6.2 Fund Appropriation. This agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor be 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 of the Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this agreement, with respect to any financial obligation of City which may arise under this agreement in any fiscal year after the current year, 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 by or breach of this agreement. The termination of this Agreement due to lack of funding shall be without penalty to the City. 6.3 Owner reserves the right to terminate this Agreement and Engineer's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Engineer and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Owner all data, drawings, specifications, reports, plans, calculations, summaries, and all other information,documents, work product, and materials as Engineer may have accumulated in performing this Agreement, together with all finished work and work in progress. 6.4 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 for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within ten (10) days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Engineer or Owner. In no event shall payment to Engineer upon termination exceed the maximum compensation provided for complete performance in Section 5.1. 6.5 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,engineers,and subcontractors, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Owner's Project Representative, then in that event, Engineer's entire right to compensation shall be chosen by Owner and limited to the lesser of(a) the reasonable value of completed work to Owner or (b) payment at the rates specified in Appendix B for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. 6.6 Engineer's professional responsibility for its completed work and services shall 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 for Professional Engineering Services-CA Revised and Apprd 04/1/2020) - 8 - 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. (b) Advertising. Unless specifically approved in advance in writing by Owner, Engineer shall not include representations of the Project in any advertising or promotional materials, 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 printer's proof of the proposed advertising or promotional materials to the Owner for prior review and shall not publish or distribute same unless written approval of the materials is first obtained. 7.2 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 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 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 One Million Dollars ($1,000,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, One Million Dollars ($1,000,000.00) per occurrence for property damage, and One Million and No/100 Dollars ($1,000,000.00) for excess umbrella liability. (iii) Professional Liability Insurance in amounts and form acceptable to Owner, and with a deductible not exceeding$50,000.00. (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, its employees, subcontractors and consultants. Engineer agrees to hold harmless, defend, and indemnify Owner from and against any liability to subcontractors and consultants, arising out of negligent acts, errors or omissions of Engineer and its employees, including claims of nonpayment. Nothing in this Agreement 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. 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: Greg Pedroza, Interim Director of Aviation, Pueblo Memorial Airport,31201 Bryan Circle, Pueblo,Colorado, or to the Engineer at 7878 N. 16th Street,Suite 300,Phoenix, Arizona, 85020. Either party may change his address for the purpose of this paragraph by giving written (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) - 9 - 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 written 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 Owner. 7.7 Choice of Law and Venue. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado. 7.8 Equal Employment Opportunity. In connection with the performance of this Agreement, Engineer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, national origin, disability, or age. Engineer shall endeavor to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion,sex, sexual orientation, national origin,disability,or age. 7.9 Severability. If any provision of this Agreement, except for Section 2.7, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant 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 2.7 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,then this entire Agreement shall be void. 7.10 Appropriations. Subject to 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. 7.11 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. 7.12 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 (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) - 10 - 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 right to payment hereunder shall be determined and decided by the Owner's Director of Aviation whose written decision shall be final and binding unless judicial review is sought in a Colorado Court of competent jurisdiction 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 15 pages. Appendix B - "Fee Schedule" consisting of I page. Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility" Consisting of 1 page. SECTION 10. ACCESSIBILITY. The Americans 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- Verify Program"created in Public Law 208, 104`h Congress, as amended and expanded in Public Law 156, 108th 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: (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 (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) - 11 - 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 of its employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. (II) The Engineer is prohibited from using the E-Verify 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, during 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 authority under§8-17.5-102(5),C.R.S. (d) Violation of this Section by the Engineer shall constitute a material breach of contract and grounds for immediate 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 requiring the Engineer to violate any terms of participation in the E-Verify Program. (f) Violation of this Section 11 by the Engineer shall constitute a material breach of contract and grounds for immediate 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 ll, the term "subconsultant" shall mean any subconsultant or subcontractor of Engineer rendering services with the scope of this Agreement. SECTION 12. PERA LIABILITY The Engineer shall reimburse the Owner 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 Owner under this Agreement. Engineer has submitted to Owner a completed form listing any PERA retirees employed by Engineer and shall update said form with Owner at any time a PERA retiree is hired by Engineer. (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) - 12 - IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the Effective Date first above written. CITY OF PUEBLO, A MUNICIPAL DIBBLE AND ASSOCIATES CORPORATION CONSULTING ENGINEERS, INC. • Name: J'II/tr, Pao,s I` . By: -2fG/IGCHG, By: Nicholas A. Gradisar, ayor Title: vas. PleJ•0to6/4.1 Attest: JAMES E City CI6j NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204019204 MY COMMISSION EXPIRES JUNE 02,2024 [ SEAL ] ATTFT'. Nary 1p\: BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. ( / irector of Finance APPROVED AS TO FORM: City Attorney (Agreement for Professional Engineering Services—CA Revised and Apprd 04/1/2020) - 13 - SCOPE OF WORK DIBBLE n PUEBLO Construction Administration Services Pueblo Memorial Airport Reconstruct Portion of Apron Edge as Taxiway "E" (E6 to E7) and Rehabilitate Portion of Apron Edge Taxiway (Seal Coat) FAA AIP No. 3-08-0046-041-2021 City of Pueblo Project No. TBD APPENDIX A - SCOPE OF SERVICES Introduction Dibble Engineering (Dibble or the Engineer) has been requested by the City of Pueblo (Sponsor) to provide construction phase services for the Reconstruct Portion of Apron Edge as Taxiway "E" (E6 to E7) and Rehabilitate Portion of Apron Edge Taxiway (Seal Coat) at the Pueblo Memorial Airport (Airport). The existing apron edge taxilane terminates approximately 525 feet east of TW E6. At the recent PUB Runway Safety Action Team (RSAT) meeting involving FAA personnel from the Air Traffic Control Tower, this was presented as a safety issue as it creates a bottleneck at TW E6 with aircraft accessing Runways 8L-26R and 8R-26L. It also forces aircraft to use Taxiway A to access the hangars on the east side of the airfield. In addition to safety issues, this taxiway will be needed to access future airside development east of the existing apron. Currently the eastern most 700 feet of the proposed taxiway consists of deteriorated concrete pavement. The western 525 feet of proposed taxiway consists of Asphalt pavement that is in poor condition (PCI 41). This project will remove and reconstruct the east 700 feet of pavement. The existing concrete pavement on the south side of the taxiway will be removed in the safety area and graded to current FAA standards. The western 525 feet of taxiway will consist of crack sealing and sealcoating the existing asphalt pavement. The taxilane reconstruction will be constructed in a manner to meet Airplane Design Standard TDG II aircraft as described in the latest FAA Advisory Circular (AC) 150/5300-13A, Airport Design. See attached exhibit for reference. During a preliminary scoping site visit, three structures were discovered which appeared to be electrical vaults. Upon further investigation these structures were determined to be concrete slabs with electrical plug-ins. Electrical cables were also observed running under these slabs. For this project, it is assumed that these electrical components are no longer in use and can be disposed of without any electrical design or environmental action. It is anticipated that this project will be funded by an FAA Airport Improvement Program (AIP) grant in Federal Fiscal Year (FFY) 2021, FAA AIP No. 3-08-0046-041, and shall include Design, Construction Administration, Construction, and administrative effort by the City of Pueblo (if any). This proposal is based on the following: receiving a Federal Grant in July 2021; a 2-month construction schedule to reach Substantial Completion (August - September 2021); and Final Completion phase in December 2021. Pueblo Memorial Airport Taxiway E Reconstruction Dibble Engineering Appendix A-Scope of Services Page 1 of 6 Construction Phase Services 1) Pre-Construction Services (Lumo Sum): a) Construction Management and Administration: provide as-needed project management, coordination, support, and administration necessary to monitor the Contractor's operations and deliverables. Dibble will provide the FAA, Airport, and the Contractor with hard copies and electronic files of the final construction documents, (i.e. plans and specifications with all addendum issued during the bidding phase). b) Preconstruction Conference: conduct the Preconstruction Conference and provide support and/or coordination of the construction documents as needed. Dibble will prepare and provide the meeting agenda and sign-in sheet, facilitate the meeting, and issue meeting minutes. The Preconstruction Conference will be held at the Airport. C) Construction Management Plan (CMP): prepare a CMP in accordance with the FAA - AC 150/5370-12B requirements. At a minimum the CMP shall include: project scope of work and description, Engineer's roles and responsibilities, Contractor's responsibilities, Quality Assurance (QA) Testing Standards and frequency for each material, Quality Control (QC) Testing Standards and frequency for each material, and procedures to verify compliance. In addition, the standard test forms per the new Engineering Guideline 620-05 will be included in the CMP. This report shall be submitted to the FAA a minimum of 10 calendar days before the anticipated start of construction. d) Preconstruction Conference Submittal Reviews and Coordination: review project submittals required at the Preconstruction Conference as identified within the contract documents but shall include at a minimum: • Contractor's CSPP Compliance Report • Overall and 3-Week Construction Schedules • Material Submittal Schedule • Schedule of Values • Contractor's Emergency Contact Information • List of Proposed Construction Equipment • Barricade Plan • Traffic Control Plan e) Construction Equipment Submittal to OE/AAA: coordinate with the Contractor and Airport in developing and submitting the anticipated construction equipment with associated heights, locations, and timeframes to the FAA Airspace Review OE/AAA website. f) Airport Security Badging: members of the Engineering Team shall all attend the airport security and badging class at the Airport, submit the application, and pay the application fee required to obtain the airport security badge. It is anticipated that there will be a minimum to two (2) members of each company that will attend the class for a total of 4 people. 2) Construction Coordination and Inspection Services (Cost + Fixed Fee (CPFF)): It is estimated that the construction phase shall occur between August and October 2021. It is assumed that the project will be approximately 45 Calendar Days for substantial completion phase with an additional 7 Calendar Days for the Final Completion phase. a) Site Visits and Observations: the Resident Engineer will provide site visits (estimated at 2 days per week) for overall conformance of the construction project with the standards Pueblo Memorial Airport Taxiway E Reconstruction Dibble Engineering Appendix A-Scope of Services Page 2 of 6 identified within the design, including compliance with safety and construction traffic control in accordance with the CSPP. One of the two days on site will be coupled with the day that weekly construction meeting is held for efficiency. The full-time inspector will provide full-time (estimated by five, 10-hour days a week) construction inspections and observations to daily observe, monitor, and track the progress of the work and conformance thereof with the contract documents. b) Weekly Construction and Safety Meetings: prepare the weekly construction meeting agendas, facilitate the meetings, and issue meeting minutes. The Resident Engineer, Construction Inspector, and Engineer PM will attend these weekly meetings to stay current on the construction activities. c) Weekly Certified Payroll and Davis Bacon Review: coordinate and review all certified payroll documentation required for this project to be compliant with the contract documents and Federal Davis Bacon Wage Determinations, (Contractor and subcontractors on a weekly basis). d) Contractor Employee Interviews: the construction inspector will perform these interviews in accordance the FAA requirements. e) Weekly FAA Reports (5370-1): develop the weekly FAA 5370-1 Construction progress reports and submit to the FAA. f) Weekly and Monthly Quantity Calculations: continuously monitor and track the construction material quantities throughout the course of the construction phase and provide weekly review summaries to the Airport and FAA. The Construction Inspector will assist with the tracking of quantities during the full-time inspection services. g) Monthly Payment Application Coordination and Review: regularly review and track project quantities in the field and on the Contractor's As-Builts. Coordinate these inspected quantities with the contractor and coordinate prior to the submittal of monthly payment applications. Assist the airport in the regular draw-down of the federal grant for payment on the construction services. h) Change Order Review and Coordination: coordinate and review Contractor Change Order Requests (COR), including verification of project quantities as needed, (estimated at approximately 4 COR's). A complete cost analysis will be prepared (as needed) for each change order that may occur. i) Material Shop Drawing Review and Coordination: review and provide a response to construction material and general project submittals as requested, estimated at approximately 35 original submittals. It will also be estimated that the Contractor will need to resubmit approx. 15 of the original submittals for a total amount of 50 submittal reviews during the course of the project. j) RFI Review and Coordination: coordinate, review and provide a response to construction and general project Requests for Information (RFI), (estimated at approximately 10 RFI's). k) ESI Review and Coordination: coordinate, review and develop necessary Engineering Supplemental Information (ESI) documents, additional details, or sketches as revisions to the construction specifications and/or plans, (estimated at approximately 6 ESI's). The electrical engineer will review and prepare the electrical ESI's in addition to the ones noted herein, estimated at approx. 4. Pueblo Memorial Airport Taxiway E Reconstruction Dibble Engineering Appendix A-Scope of Services Page 3 of 6 I) DBE Compliance and Coordination: coordinate and review all DBE efforts and documentations required for this project to be compliant with the contract documents. m)gA/OC Testing Coordination and Review: coordinate and review QA/QC actions including scheduling of testing activities, reporting, review of results, and recommendations. The construction Inspector shall assist in the coordination and management of the QA/QC services. n) Substantial Completion Walk Inspection: conduct the Substantial Completion Walks required before the opening of each phase, (estimated at 2 inspections). The construction inspector shall also attend this meeting. 0) Punchlist(s) and Coordination(s): prepare, submit, and re-evaluate punchlists at each substantial completion and final walk, (estimated at approximately 2 punchlists or verifications). 3) Post Construction Services (Lump Sum): a) QA and OC Testing Summary Report: prepare and submit to the Airport and FAA a final QA and QC summary report that includes all testing activities that occurred, all test results, and any corrective measures or actions that were taken for results that fell out of standard. This report shall be submitted to the FAA for review and approval prior to scheduling of the Final Inspection. b) Demobilization and Site Clean-Up: coordinate between the Airport and Contractor on the demobilization and site clean-up at the completion of the project. Dibble shall perform an Airport site visit to assure the contractor left the project site in satisfactory condition. c) Final Walk Inspection: conduct the Pre-Final and Final Completion walks for the construction project. The construction inspector shall also attend the site walk. The FAA, Airport, Resident Engineer, and construction inspector shall all attend. d) ALP Update: amend and update the most recent (FAA Approved) ALP set to reflect the modifications made to the airport at the completion of the project. The ALP update shall also include other past projects (not performed by the Engineer) in addition to this taxiway reconstruction project. The following sheets are anticipated to be updated based on the current 2019 ALP set, at a minimum: • Page 2 Airport Layout Plan • Page13 Future Corporate Hangar Development Area • Page 23 Runway 8L-26R Marking and Sign Plan • Page 24 Sign Table Once finalized, approved, and signed by the FAA and Airport, electronic and hard copies will be returned to the FAA and Airport as requested. e) Final Construction Report and Coordination: coordinate, prepare, and submit the Final Construction Report in accordance with the FAA Standard Handout for Final Reports 620-05 The final construction report will be formatted in accordance with the Guide for Construction Final Report contained in 620-05. The report shall include, at a minimum: • Summary of Project • Summary of Change Orders • Summary of Testing Reports (QA and QC) • Project Fee Breakout Pueblo Memorial Airport Taxiway E Reconstruction Dibble Engineering Appendix A-Scope of Services Page 4 of 6 • DBE Summary • Federal Labor Summary • Before and After Construction Photos f) Record Drawings: develop and submit Final Record Drawings based on Contractor redlines and field changes issued during construction, including RFI's/ESI's. g) Final As-Built Survey and Submittal to FAA AGIS Database: perform the final As-Built Survey in accordance with FAA AC 150/5300-18. Upload the as-built survey data and files to the FAA AGIS system. h) Final Payment Application: coordinate the final inspected quantities with the contractor and coordinate prior to the submittal of final payment applications. We will assist the airport in the draw-down of the federal grant for payment on the construction services. i) Airport Diagram Update: assist the Airport with the update to the Airport Diagram. The update shall include the Taxiway reconstruction project components as well as other past projects that have not yet been updated. j) Airport Signage and Marking Plan Update: assist the Airport with the update to the Airport Signage and Marking Plans. Miscellaneous Scope of Work Items 4) Project Deliverables (hard copies): At the completion of the project (i.e. after construction), the FAA will be given a CD containing all electronic final deliverables including the Record Drawings and Final Construction Report. 5) Miscellaneous and Assumptions: a) Subconsultants: 1. Geotechnical - Terracon b) The following number of trips are anticipated by the Project Manager or Resident Engineer and Construction Inspector for the Construction Phase: 1. Preconstruction Phase - 2 Trips 2. Construction Coordination and Inspection Phase (August - Sept 2021): i. Inspector: estimating 5 days a week, staying in Pueblo 4 nights each trip. ii. Resident Engineer: estimating 2 days a week, staying in Pueblo 1 night each trip. iii. Direct costs including Lodging, Meals, and Mileage will be anticipated for each day/night that the inspector/resident engineer is on site. 3. Post Construction Phase - 4 Trips Pueblo Memorial Airport Taxiway E Reconstruction Dibble Engineering Appendix A-Scope of Services Page 5 of 6 6) Exclusions To This Scope of Work: a)Environmental action relating to three concrete slabs containing electrical components. Pueblo Memorial Airport Taxiway E Reconstruction Dibble Engineering Appendix A-Scope of Services Page 6 of 6 Pueblo Memorial Airport DIBBLE PUEBLO Ta xiway "E" Reconstruction Construction Administration Services APPENDIX B - FEE SCHEDULE Please see below the Fee Schedule for the Taxiway"E" Reconstruction project. 1. Pre-Construction Phase Services: 1. Dibble Base Fee $18,042.00 Pre-Construction Phase Subtotal $18,042.00 2. Construction Coordination and Inspection: 1. Dibble Base Fee $95,237.00 2. Terracon Geotechnical $11,360.00 Construction Coordination and Inspection Subtotal $106,597.00 3. Post Construction Phase Services: 1. Dibble Base Fee $28,716.00 Post Construction Phase Subtotal $28,716.00 Project Total $153,355.00 Pueblo Memorial Airport Taxiway E Reconstruction Dibble Engineering Appendix B—Fee Schedule Page 1 of 1 DIBBLE PUEBLO Pueblo Memorial Airport - "s Taxiway "E" Reconstruction Construction Administration Services APPENDIX C - IDENTIFICATION OF PERSONNEL, SUBCONTRACTORS AND TASK RESPONSIBILITY Dibble Engineering (Prime Consultant): Contact Information: John Cessar, P.E. 0: 303.872.5756 C: 303.475.2623 John.cessar@dibblecorp.com Task/Responsibility: • Senior Project Manager • Overall Project Management and Team Coordination during the Design, Bid and Construction Phases • Design Phase Services • Bidding Phase Services • Construction Phase Services Terracon (Subconsultant): Contact Information: Robert M. Hernandez 0: (719)572-7672 Rob.hernandez@terracon.com Task/Responsibility: • Geotechnical Services Pueblo Memorial Airport Taxiway E Reconstruction Dibble Engineering Appendix C—Identification of Personnel and Task Responsibility Page 1 of 1