HomeMy WebLinkAbout10159ORDINANCE NO. 10159
AN ORDINANCE ESTABLISHING EAST GENERAL AVIATION
APRON REHABILITATION PROJECT NO. AP2204,
TRANSFERRING $13,545 FROM THE AIRPORT FUND,
BUGETING AND APPROPRIATING $13,545 TO PROJECT NO.
AP2204, APPROVING AN AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES IN THE AMOUNT OF $13,545 TO
DIBBLE & ASSOCIATES CONSULTING ENGINEERS, INC., AN
ARIZONA CORPORATION, FOR PROJECT EAST GENERAL
AVIATION APRON REHABILITATION PROJECT IN
CONNECTION WITH BID 17-062 RFQ – PUEBLO MEMORIAL
AIRPORT ENGINEER OF RECORD AND AUTHORIZING THE
MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
East General Aviation Apron Rehabilitation Project No. AP2204 is hereby established.
SECTION 2.
Funds in the amount of $13,545 are hereby transferred from the Airport Fund to the East
General Aviation Apron Rehabilitation Project No. AP2204.
SECTION 3.
Funds in the amount of $13,545 are hereby budgeted and appropriated to the East
General Aviation Apron Rehabilitation Project No. AP2204.
SECTION 4.
An 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, to provide engineering services for the East General Aviation Apron
Rehabilitation Project at Pueblo Memorial Airport, after having been approved as to form by the
City Attorney, is hereby approved.
SECTION 5.
The Mayor is authorized to execute the Agreement on behalf of the City of Pueblo, a
Municipal Corporation, and the City Clerk is shall affix the seal of the City thereto and attest same.
SECTION 6.
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of the Ordinance and the attached Agreement to implement the policies and procedures
described therein.
SECTION 7.
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 April 11, 2022 .
Final adoption of Ordinance by City Council on April 25, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on April 27, 2022 .
□ 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-4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 11, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Andrew E. Hayes, P.E., Director of Public Works
SUBJECT: AN ORDINANCE ESTABLISHING EAST GENERAL AVIATION APRON
REHABILITATION PROJECT NO. AP2204, TRANSFERRING $13,545 FROM
THE AIRPORT FUND, BUGETING AND APPROPRIATING $13,545 TO
PROJECT NO. AP2204, APPROVING AN AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES IN THE AMOUNT OF $13,545 TO DIBBLE &
ASSOCIATES CONSULTING ENGINEERS, INC., AN ARIZONA
CORPORATION, FOR PROJECT EAST GENERAL AVIATION APRON
REHABILITATION PROJECT IN CONNECTION WITH BID 17-062 RFQ –
PUEBLO MEMORIAL AIRPORT ENGINEER OF RECORD AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance establishes Project No. AP2204, transfers and appropriates $13,545 to the
Project and approves an Agreement for Professional Engineering Services to Dibble & Associates
Consulting Engineers, Inc., for engineering services for East General Aviation (GA) Apron
Rehabilitation Project at the Pueblo Memorial Airport.
PREVIOUS COUNCIL ACTION:
City Council approved a design agreement between the City and Dibble Engineering on January
25, 2021 under Ordinance No. 9869 in the amount of $164,617. That Ordinance also established
the Taxiway E. Reconstruction Project No. AP2101.
City Council approved an agreement between the City and Dibble Engineering on July 12, 2021
under Ordinance 9961 in the amount of $135,313.
BACKGROUND:
The Agreement is for the professional design services of the East GA Apron Rehabilitation project.
Dibble Engineering will provide preliminary design, final design and construction documents and
bidding assistance.
The East General Aviation Apron is composed of approximately 26,200 square yards of asphalt
concrete pavement and is experiencing severe rutting and alligator cracking. The Dibble team
will provide a simplified design documents package for the rehabilitation of the apron.
FINANCIAL IMPLICATIONS:
Funding in the amount of $13,545.00 will be paid from AP2204 –East GA Apron Rehabilitation
Project.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not Applicable to this Ordinance.
ALTERNATIVES:
Denial of this Ordinance will result in the City of Pueblo being unable to proceed with the design
of the East GA Apron Rehabilitation Project
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Proposed Ordinance
Agreement for Professional Services
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BY AND BETWEEN
CITY OF PUEBLO
AND
DIBBLE&ASSOCIATES CONSULTING ENGINEERS,INC.
./M
THIS AGREEMENT made and entered this a S day of Ail:. , 2022 by and between the City of Pueblo, a
Municipal Corporation (hereinafter "Owner" or "City") and Dibble & Associates Consulting Engineers, Inc., an
Arizona Corporation authorized to do business in the State of Colorado,a professional engineering firm(hereinafter
"Engineer")for Engineer to render certain professional planning,design,engineering and related services for Owner
in connection with Bid 17-062 RFQ— Pueblo Memorial Airport Engineer of Record, for this project referred to as
East GA Apron Rehabilitation, all together 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
[X] - Preliminary Design Phase
[X] - Final Design Phase
[X] - Construction Documents&Bidding Phase
[ ] - Construction Phase
Upon completion of any phase,Engineer shall not proceed with work on the next phase,if any,until authorized
in writing by Owner to proceed therewith.
Such services shall include all usual and customary professional 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
Schedule 1 —"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.
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 1 of 20
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 perform the following unless otherwise stated in Schedule 1:
(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) Engineer shall furnish one(1) electronic copy of each above referenced submittal document to Owner
for Owner's use and shall review same in person with Owner. Owner may request hard copies as needed for
no additional charge.
2.2 Preliminary Design Phase. If Engineer is to provide professional services with respect to the Project during
the Preliminary Design Phase,Engineer shall perform the following unless otherwise stated in Schedule 1:
(a) Consult with Owner and determine the general design concept and Project requirements based upon
information furnished by Owner as well as any study Report on the Project.
(b) Prepare and submit to Owner preliminary design documents consisting of final 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 one (1) electronic copy of each above referenced submittal document to Owner
for Owner's use and shall review same in person with Owner. Owner may request hard copies as needed for
no additional charge.
2.3 Final Design Phase.If Engineer is to provide professional services with respect to the Project during the Final
Design Phase,Engineer shall perform the following unless otherwise stated in Schedule 1:
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 2 of 20
(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 requirement therefor.Such plans and Specifications shall comply with all applicable building codes
and requirements of regulatory agencies having any approval authority. 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 one(1) electronic copy of each above referenced submittal document to Owner
for Owner's use and shall review same in person with Owner. Owner may request hard copies as needed for
no additional charge.
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 perform the following unless otherwise
stated in Schedule 1:
(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 Schedule 1 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. One(1) hard copy and one (1) electronic copy of these final bid documents shall be furnished to
Owner. Unless otherwise specified in Schedule 1,a copy of all contract documents and drawings shall also
be submitted to Owner in Microsoft Word and AutoCAD(2006 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.
(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.
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 3 of 20
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 perform the following unless otherwise stated in Schedule 1:
(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 Schedule I - 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.
(l) The Engineer shall, if 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.
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 4 of 20
2.6 Additional Responsibilities. This paragraph applies to all phases of Engineer's work.
(a) Engineer shall be responsible for the professional quality, technical accuracy, timely completion, and
coordination of all of Engineer's work, including that performed by Engineer's consultants, and including
designs, Drawings, Specifications, reports, and other services, irrespective of Owner's approval or
acquiescence in same. Engineer shall, without additional compensation, correct or revise any errors,
omissions,or other deficiencies in his work.
(b) Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to
Owner caused by Engineer's negligent act or omission;except that Engineer hereby irrevocably waives and
excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as
a condition precedent to commencement of an action, including any such requirements set forth in Section
13-20-602,C.R.S.or similar statute.
(c) Engineer's professional responsibility shall comply with the standard of care applicable to the type of
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 in the execution of
work under this Agreement,shall provide all necessary safety equipment for said employees,and shall hold
harmless and indemnify and defend Owner from any and all claims, suits, loss, or injury to Engineer's
employees.
(e) Engineer acknowledges that,due to the nature of 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.Within ten(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 Owner's timetable
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 Schedule 2—"Fee Schedule",
if any.
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 5 of 20
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 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 Schedule 1 —"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 $13,545.00 in the aggregate, and not to exceed those maximum amounts set forth in Schedule 2 - "Fee
Schedule"and computed in accordance with this Section.
5.2 Engineer shall submit periodic,but not more frequently than monthly,applications for payment,aggregating
to not more than the maximum amount,for actual professional services rendered and reimbursable expenses incurred.
Such applications shall be submitted with appropriate documentation that such services have been performed and
17-062 Dibble Agreement for Fast GA Apron Rehabilitation Page 6 of 20
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 Schedule 2-"Fee Schedule", if any.
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 Schedule 2- "Fee Schedule."
5.5 No compensation shall be paid to Engineer for services required and expenditures incurred in correcting
Engineer's mistakes or negligence.
5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed by Paragraph
2.6(g).
SECTION 6.TERMINATION
6.1 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 Client 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.
6.2 Upon termination of this Agreement for events or reasons not the fault of Engineer, Engineer shall be paid at
the rates specified in Schedule 2 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 Client. In no event shall payment to Engineer upon
termination exceed the maximum compensation provided for complete performance in Section 5.1.
6.3 In the event termination of this Agreement or Engineer's services is for breach of this Agreement by Engineer,
or for other fault of Engineer including but not limited to any failure to timely proceed with work, or to pay its
employees and Engineers,or to perform work according to the highest professional standards,or to perform work in
a manner deemed satisfactory by Client's Project Representative, then in that event, Engineer's entire right to
compensation shall be limited to the lesser of: (a)the reasonable value of completed work to Client or(b)payment at
the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred,
prior to date of termination.
6.4 Engineer's professional responsibility for its completed work and services shall survive any termination.
SECTION 7.GENERAL PROVISIONS
7.1 Ownership of Documents. All designs, Drawings, Specifications, technical data, and other documents or
instruments or intellectual property procured or produced by the Engineer in the performance of this Agreement shall
be the sole property of the Owner and the Owner is vested with all rights therein of whatever kind and however created,
whether created by common law,statutory law,or by equity.The Engineer agrees that the Owner shall have access at
all reasonable times to inspect and make copies of all notes,designs,drawings, specifications,and all other technical
data pertaining to the work to be performed under this Agreement. In the event Owner uses the designs, Drawings or
Specifications provided hereunder for another project independent from Project, without adaptation by Engineer,
Owner shall hold harmless Engineer from all loss,claims,injury,and judgments arising from the use of such designs,
Drawings or Specifications for such other project.
7.2 Advertising. Unless specifically approved in advance in writing by Owner, Engineer shall not include
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 7 of 20
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.
7.3 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 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:
(i) Workers' Compensation Insurance complying with statutory requirements in
Colorado and in any other state or states where the work is performed.The Workers' Compensation
Insurance policy shall contain an endorsement waiving subrogation against the Client.
(ii) Commercial General Liability Insurance. The Engineer shall secure and maintain
during the period of this agreement/contract and for such additional time as work on the project is
being performed,Commercial General Liability Insurance issued to and covering the liability of the
Engineer with respect to all work performed by him and all his subcontractors under the agreement/
contract,to be written on a comprehensive policy form. This insurance shall be written in amounts
not less than$1,000,000 for each occurrence and aggregate for personal injury including death and
bodily injury and$1,000,000 for each occurrence and aggregate for property damage. This policy
of insurance shall name the City of Pueblo,its agents,officers and employees as additional insureds.
This policy shall have all necessary endorsements to provide coverage without exclusion for
explosion and collapse hazards,underground property damage hazard,blanket contractual coverage,
as well as Owner's and Contractor's Protective Liability (OCP) coverage. The policy shall also
provide coverage for contractual liability assumed by Engineer under the provisions of this
Agreement,and"Completed Operations and Projects Liability"coverage.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000 in a
form and with a deductible acceptable to Owner.
(iv) Comprehensive Automobile Liability Insurance. The Engineer shall procure and
maintain during the period of the agreement/contract and for such additional time as work on the
project is being performed, Comprehensive Automobile Liability Insurance. This insurance shall
be written with limits of liability for and injury to one person in any single occurrence of not less
than $350,000 and for any injury to two or more persons in any single occurrence of not less than
$1,000,000. This insurance shall include uninsured/underinsured motorist coverage and shall
protect the Engineer from any and all claims arising from the use both on and off the site of the
project of automobiles, trucks, tractors, backhoes and similar equipment whether owned, leased,
hired or used by Engineer.
(c) Engineer agrees to hold harmless, defend and indemnify Owner from and against any
liability to third parties,arising out of negligent acts,errors or omissions of Engineer,his employees,subcontractors,
and consultants.
7.4 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, City of Pueblo
Department of Public Works; Attention: Andrew Hayes, Director; 211 E. D Street; Pueblo, CO 810033 or to the
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 8 of 20
Engineer at Dibble& Associates Consulting Engineers, Inc., Attention: C. W. Moyers, 2696 South Colorado Blvd.,
Suite 330,Denver,CO 80222. Either party may change its address for the purpose of this paragraph by giving written
notice of such change to the other party in the manner provided in this paragraph.
7.5 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 Schedule or attachment to this
Agreement,the provision in this Agreement shall control and supersede the conflicting provision in the Schedule or
attachment.Any inconsistent resolution provision in any attachment to this Agreement shall be void.
7.6 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. It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and
nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person
or entity on such Agreement. It is the express intention of the parties hereto that any person or entity, other than the
parties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be incidental
beneficiaries only.
7.7 Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by written
amendment signed by authorized representatives of Engineer and Owner.
7.8 Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State
of Colorado.
7.9 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.
7.10 Severability. If any provision of this Agreement,except for Section 2.6,is determined to be directly contrary
to and prohibited by law or the requirements of any federal grant or other Project funding source,then such provision
shall be deemed void and the remainder of the Agreement enforced.However,it is the intent of the parties that Section
2.6 of this Agreement not be severable,and that if any provision of said section be determined to be contrary to law
or the terms of any federal grant,then this entire Agreement shall be void.
7.11 Appropriations. Subject to execution of this Agreement by the Director of Finance certifying that a balance
of appropriation exists and funds are available,the amount of money appropriated for this Agreement is equal to or in
excess of the maximum compensation payable hereunder;provided,however,that if construction is phased and subject
to annual appropriation, funds only in the amount of initial appropriation are available and Engineer shall confirm
availability of funds before proceeding with work exceeding initial and subsequent annual appropriations.
7.12 Additional Requirements on Federally Funded Contracts. If any of the work to be performed by Engineer
under this Agreement is funded in whole or in part with federal funds, then this Agreement shall be construed to
include all applicable terms required by the federal assistance agreement and integrated federal regulations. By
executing this Agreement, Engineer agrees to be bound by all such mandatory federal requirements, irrespective of
Engineer's actual knowledge or lack of knowledge of such requirements prior to execution of this Agreement.
7.13 Access to Property Not Under Owner's Control. Engineer acknowledges that the Project may require access
to property not under the control of Owner at the time of execution of this Agreement. Engineer and Engineer's
employees and consultants shall, at Engineer's expense, obtain all additional necessary approvals and clearances
required for access to such property. Owner shall assist Engineer in obtaining access to such property at reasonable
times but make no warranty or representation whatsoever regarding access to such property. Engineer understands
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 9 of 20
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 Public
Works, whose written decision shall be final and binding unless judicial review is sought in a Colorado Court of
competent jurisdiction located in Pueblo County,Colorado,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. SCHEDULES
The following Schedules are attached to and made a part of this Agreement:
Schedule 1 -"Scope of Services"consisting of 3 pages
Schedule 2-"Fee Schedule"consisting of I 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 WORKERS WITHOUT AUTHORIZATION FROM
PERFORMING WORK
(a) At or prior to the time for execution of this Contract, Engineer shall submit to the Purchasing Agent of
the City its certification that it does not knowingly employ or contract with a"Worker Without authorization",
as that term is defined within §8-17.5-101(9), C.R.S. (herein "Worker Without Authorization"), who will
perform work under this Contract and that the Engineer will participate in either the "E-Verify Program"
created in Public Law 208, 104th 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 a Worker Without Authorization to perform work under this
Agreement;
(ii) Enter into a contract with a subcontractor that fails to certify to Engineer that the subcontractor shall
not knowingly employ or contract with a Worker Without Authorization to perform work under this
Agreement.
(c) The following state-imposed requirements apply to this Agreement:
(i) The Engineer shall have confirmed the employment eligibility of all employees who are newly
hired for employment to perform work under this Agreement through participation in either the E-
Verify Program or Department Program.
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 10 of 20
(ii) The Contractor is prohibited from using either 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 subcontractor performing work under this contract
knowingly employs or contracts with a Worker Without Authorization to perform work under this
Agreement,the Engineer shall be required to:
A. Notify the subcontractor and the Purchasing Agent of the City within three (3) days that the
Engineer has actual knowledge that the subcontractor is employing or contracting with a Worker
Without Authorization;and
B. Terminate the subcontract with the subcontractor if within three(3)days of receiving the notice
required pursuant to subparagraph (c)(iii)A. above, the subcontractor does not stop employing or
contracting with the Worker Without Authorization ; except that the Engineer shall not terminate
the contract with the subcontractor if, during such three (3) days, the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with a
Worker Without Authorization.
(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 breach of the agreement and grounds for
termination.In the event of such termination,the Engineer shall be liable for City'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.
SECTION 12. PERA LIABILITY
The Engineer shall reimburse the City for the full amount of any employer contribution required to be paid by the City
of Pueblo to the Public Employees' Retirement Association ("PERA") for salary or other compensation paid to a
PERA retiree performing contracted services for the City under this Agreement. The Engineer shall fill out the
Colorado PERA Questionnaire and submit the completed form to City as part of the signed Agreement.
(Signature Section on following page)
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 11 of 20
DocuSign Envelope ID: E8FB8E4F-BFD1-4BB7-AF43-A3D816D084F7
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 DIBBLE&ASSOCIATES CONSULTING
ENGINEERS,INC.
i—DocuSigned by: �gned by:
�/ r�aorwi 6,O�i'�sw InVn11"1 i—
By'.. 6ra36t4ASZ4eo4A0. By`—1 '{1AAQr)Q74d(1dFR
Naomi Hedden,Director of Purchasing C. W. Moyers,Vice President
,—DocuSigned by: ms,ei.11,
i
Cr
'Stoller
Attest lerkcaD4ac_ [SEAL]
y t'
#Fn*A ifi`
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE
—DocuSigned by: c
(Aar& S((.d — O, of P (Li of staff
Director of Finance
APPROVED AS TO FORM
DocuSigned by:
Nitta G. 6w.s — obi of Niko citii afteww
City Attorney
Attachments: Schedule I -"Scope of Services"
Schedule 2- "Fee Schedule"
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 12 of 20
Schedule 1
Scope of Services
Excerpt from Letter to the Pueblo Memorial Airport on behalf
of the Department of Public Works dated February 15,2022;pages 2,3,and 6
SCOPE OF WORK DIBBLE
p PUEBLO Pueblo Memorial Airport
East General Aviation Apron
Rehabilitation
City of Pueblo Project No. TBD
Introduction
Dibble(Dibble or the Engineer)has been requested by the City of Pueblo (Sponsor)to provide limited design
phase services for Rehabilitation of the East General Aviation Apron at the Pueblo Memorial Airport.
The East General Aviation Apron is composed of approximately 26,20o square yards of asphalt concrete
pavement and is experiencing severe rutting and alligator cracking. The pavement consists of approximately 2
inches of asphalt on 6 to 7 inches of Portland Cement Concrete Pavement(PCCP). In the latest 2020 Colorado
Department of Transportation (CDOT) Division of Aeronautics, pavement condition study, the Pavement
Condition Index(PCI)was determined to be o. A PCI of o indicates that the pavement is unserviceable.
The Dibble team will provide a simplified design documents for the rehabilitation of the apron with one bid
package(i.e.one Bid Schedule). The total project cost needs to fall within$SooK.
It is anticipated that this project will be funded with local City of Pueblo funds.
This proposal is based on the following:an estimated i-month design phase(March 2022). It is anticipated that
the City of Pueblo will provide bid and construction phase services which will take place in the spring/summer of
2022.
Design Phase Services (Lump Sum)
1) General Project Management:
a) Project Management and Administration:provide and direct all project management and coordination of
the design team and will provide coordination between design team members, the Sponsor, and other
interested stakeholders as necessary. Administration tasks such as file coordination and miscellaneous
project communications throughout the course of the design phase,and project printing and packaging at
each submittal level will also be included under this task.
Monthly invoicing shall be submitted to the Sponsor in a format acceptable to the Sponsor.
2) 95%Progress Submittal:
a) oS%Schematic Exhibit:The 95%schematic exhibit will provide a layout with visual location of the area of
rehabilitation.
b) q5% Contract Documents and Technical Specification: The draft contract documents and technical
specifications will be developed by the Engineer in a manner consistent with local regulations and
standards:
• Pavement removal(saw cut and mill)
• CDOT Local AC Mix Design
• Bituminous Tack Coat
d) qs%Quantities and Engineer's OPCC:based on the?5%construction plans and technical specifications,
the Engineer will develop a 75%OPCC. The unit pricing for each line item will be based on recent bids.
17-062 Dibble Agreement for Gast GA Apron Rehabilitation Page 13 of 20
3) i00%Final(Bid)Documents:
a) t00%Final Schematic Exhibit:
b) Final Contract Documents and Technical Specification: the final bid contract documents and technical
specifications shall have all internal and external review comments by the Airport and City of Pueblo
incorporated and addressed. The contract documents and technical specifications will be prepared for the
bidding phase.
c) Final Quantities and Engineer's OPCC:based on the final construction plans and technical specifications,
the Engineer shall provide a final bidding schedule in the contract documents and an OPCC based on a
unit price basis, reflecting recent bid tabulations from comparative projects, locations, materials, and
quantities available at that time.
Miscellaneous Scope of Work Items
4) Project Deliverables(hard copies):
a) gs% Submittal: the 95% Submittal shall include 95% schematic exhibit, Contract Documents and
Technical Specifications, and quantities and OPCC. This submittal shall be submitted to the Airport and
City of Pueblo.
b) t00% Final (Bid)Submittal: the t00% Submittal shall include t00% Final Schematic Exhibit, Contract
Documents and Technical Specifications,and quantities and OPCC. This submittal shall be submitted to
the Airport and City of Pueblo.
Each submittal will be posted on the Dibble Webshare database electronically(i.e. PDF documents)for the
client's convenience.
5) Miscellaneous and assumptions:
a) This proposal is based on the following: an estimated 1-month design phase(March 2022);All plans are
to be prepared in AutoCAD Civil 3D 2019.
b) The design phase services are to be locally funded.
c) It is anticipated that this project will be designed with one Base Bid Schedule.
d)The Dibble team will design the Apron Rehabilitation with one bid packages(i.e.one Bid Schedule). The
project construction cost is estimated to be approximately 5500K.
6) Exclusions To This Scope of Work:
a) Landscape,Irrigation,and Environmental Design Services
b)Structural Engineering,Mechanical,or Architectural Design Services
c) Electrical Services
d)Survey Services
e) Full design phase services.
f) Bid Phase Services
g)Construction Phase Services
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 14 of 20
11.111.‘ 11.111111
§ ■ -- s - - ;
26
4 )
1 1 1
§ § 1 § . v
� z � . \ d
$ $ E ! ! E mk to
zzzzzz & _ ,
it ! §
S 2 e
3 \ . ■
� � \ _ - �
e ®
Iu.1
_ .1ND •
e » \ m
§ \ » 0 \
g2g'-'\ . a,
.
2 \
� & \ < _
1I@ \
§ ■
� b � \ _
0
Ira f § \ ' ~ "
§ / _
� \
§ 2 » "
z ■ § /
B \
4 \ e
■ / \
■ \ \ o
\
\
/
) §
i I ƒ
} f
/ ) f
} \ fl
2
I \ � / \ \
. f g
Z \ ` / > ) ƒ / 2 56 2 £
2
f ! ! \ kl . . 2 \
12111 : \ iMIJI
• . . . .
Schedule 2
Fee Schedule
Excerpt from Letter to the Pueblo Memorial Airport on behalf
of the Department of Public Works dated February 15, 2022;page 5
Firm: Dibble Contract Number: TBD
On-Call Engineering Project Number: TBD
Project: East General Aviation Apron Rehabilitation Task Number: N/A
Design Phase Services Amendment Number: N/A
Pueblo Memorial Airport FAA Number: N/A
Date: 2/15/2022 COOT Number: N/A
DESIGN PHASE SERVICES SUMMARY
Total Billing Total
Classification
Hours Rates Costs
1 Principal 0 $294.45 $0.00
2 Principal Engineer 2 $232.90 $465.80
3 Senior Project Manager 21 $206.28 $4,331.88
4 Project Manager 0 $199.63 $0.00
5 Senior Engineer 0 $189.65 $0.00
6 QA/QC Manager 0 $192.97 $0.00
7 Project Engineer 30 $169.69 $5,090.70
8 Senior Designer 22 $143.07 $3,147.54
9 Admin Assistant 6 $84.85 $509.10
Totals: 81 $13,545.00
I DESIGN PHASE SERVICES DIRECT COSTS
Type of
Item Cost Compensation
1 Lodging(Dibble) $0.00 Direct Cost
2 Mileage(Dibble) $0.00 Direct Cost
3 Meals(Dibble) $0.00 Direct Cost
Sub-Total for Direct Costs $0.00
I DESIGN PHASE SERVICES TOTAL FEE
TOTAL FEE(rounded) $13,545.00
17-062 Dibble Agreement for East GA Apron Rehabilitation Page 16 of 20