HomeMy WebLinkAbout14989RESOLUTION NO. 14989
A RESOLUTION APPROVING A CONTRACT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE
AND ASSOCIATES CONSULTING ENGINEERS, INC., AN
ARIZONA CORPORATION, DBA DIBBLE ENGINEERING, TO
PROVIDE ENGINEERING SERVICES FOR IMPROVEMENTS AT
PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
WHEREAS, Statement of Qualifications for engineering services were requested and
received and a committee was formed to evaluate these qualifications; and
WHEREAS, the committee selected Dibble and Associates Consulting Engineers, Inc.,
dba Dibble Engineering, (“Dibble Engineering”) as the most qualified to service the Pueblo
Memorial Airport; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Master Contract for Engineering Services (“Contract”) by and between the City of
Pueblo, a Municipal Corporation, and Dibble Engineering, to provide engineering services for
improvements to Pueblo Memorial Airport, a copy of which is attached hereto, having been
approved as to form by the City Attorney, is hereby approved, subject to the conditions as set
forth in said contract.
SECTION 2.
The Purchasing Agent is hereby authorized to execute said Contract on behalf of the City
of Pueblo, and the City Clerk shall affix the Seal of the City thereto and attest the same.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Resolution to implement the policies and procedures described herein.
SECTION 6.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: September 12, 2022
BY: Vicente Martinez Ortega
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: September 12, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
From: Greg Pedroza, Director of Aviation
SUBJECT: A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES
CONSULTING ENGINEERS, INC., AN ARIZONA CORPORATION, DBA DIBBLE
ENGINEERING, TO PROVIDE ENGINEERING SERVICES FOR
IMPROVEMENTS AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
SUMMARY:
This Resolution will approve a Contract with Dibble and Associates Consulting Engineers, Inc.,
dba Dibble Engineering, (“Dibble Engineering”) to provide engineering services for improvements
at Pueblo Memorial Airport.
PREVIOUS COUNCIL ACTION:
Not applicable to this Resolution.
BACKGROUND:
FAA Rules and Regulations require a public advertisement and selection of an airport engineering
firm. Statement of Qualifications for engineering services were requested and received. A
committee was formed and evaluated these qualifications. The firm selected as the most qualified
was Dibble Engineering.
FINANCIAL IMPLICATIONS:
This Contract describes the engineering services to be provided but does not include any fees.
As engineering services are required, fees will be negotiated and amendments to the basic
Contract will be brought forward to City Council as part of the project costs.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
If City Council does not approve this contract, the Department of Aviation would go without an
Engineer of Record. However, the lack of an Engineer of Record would position the Department
of Aviation to not effectively compete for Federal and State grants for airport improvements.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Contract for Engineering Services
DocuSign Envelope ID:FD3B264A-3078-4A4B-B3A8-92D8C7488596
MASTER CONTRACT FOR ENGINEERING SERVICES
BY AND BETWEEN
CITY OF PUEBLO
AND
DIBBLE&ASSOCIATES CONSULTING ENGINEERS,INC.
THIS CONTRACT("Contract")is made and entered this I3thday of September, 2022, by and between the
City of Pueblo, a Municipal Corporation,(hereinafter referred to as the "City") and Dibble&Associates Consulting
Engineers, Inc.,an Arizona Corporation authorized to do business in the State of Colorado, with an address of 2696
South Colorado Boulevard, Suite 330,Denver,Colorado 80222(hereinafter referred to as the"Engineer").
WITNESSETH:
RECITALS
A. The City owns Pueblo Memorial Airport("Airport")and solicited competitive proposals for Bid 22-
054 RFQ for Pueblo Memorial Airport Engineer of Record("RFQ") to provide engineering services, to include but
not limited to modeling analysis, long range project planning, engineering design, and construction project
management assistance and related services for future Airport projects.
B. In response to the RFQ, Engineer submitted its statement of qualification and project approach
(hereinafter referred to as "Statement of Qualifications"or"Response").
C. City has evaluated all Statements of Qualifications ("SOQ"s) submitted and selected Engineer to
perform various anticipated projects at the Airport.
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants, City and Engineer
agree as follows:
1. ENGAGEMENT.
(a) City engages Engineer and Engineer accepts such engagement to perform the services set
forth in this Contract and each Agreement for Professional Engineering Services(hereinafter referred to as
"Agreement")entered into hereunder,execution of which will be required for each Project as may be directed
by the City. A copy of the Agreement is attached hereto. Anticipated Projects(hereinafter referred to as the
"Projects") may include the Scope of Services for each Agreement for any Project and shall be consistent
with and meet the requirements of the following sections.
(b) The Schedule of Projects,depending on Federal,State,or local funding,may include:
• Rehabilitate and realign portions of the apron
• Runway rehabilitation
• Taxiway rehabilitation
• Airfield lighting installation
• Snow removal equipment acquisition
• Hangar architecture,design,and construction
• Pavement maintenance including sealcoats and crack sealing
• Storm water design and construction
• Any additional work as needed by the Airport
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DocuSign Envelope ID:FD3B264A-3078-4A4B-B3A8-92D8C7488596
• Airport perimeter wildlife fencing
• A complete list of anticipated projects was included in the RFQ.
(c) Additionally, the Engineer shall prepare and maintain an electronic database (compatible
with AutoCAD) that accurately represents all existing and future civil infrastructure for the projects
completed under this agreement. Engineer will provide a copy of said database to City upon request at any
time after award of contract.
(d) The Engineer will be required to provide all professional services necessary to complete
the projects, which will consist of, but not be limited to: long range facility planning; project planning;
detailed engineering design; preparation of bid documents; consultant/contractor evaluation and
prequalification;process consulting;and construction management and inspection.
(e) City and Engineer shall develop a complete scope of work for each project assigned under
the RFQ and this Contract. Tasks may include,but shall not be limited,to the following:
• Provide staff and services on an as-needed basis.
• Analysis of Project Site — Provide recommendations based on user safety and
experience,economic feasibility,environmental sustainability,and constructability.
• Graphics — Provide necessary graphics (plans, perspectives, elevations, details, and
renderings)to best illustrate the project.
• Final Design Criteria -- Develop final design criteria, construction materials and
methods,dimensions and site amenities.
• Preliminary Plan Sets—Prior to the City bid for Construction of the project, Engineer
shall provide five (5) sets of plans for both a 70% and 90% complete Construction
Documentation for review(must including specifications and a detailed cost estimate
for construction).
• Pre-Submittal Meetings—Attend pre-submittal meetings and assist with addendums
as needed.
• Final Construction Documents — Provide 2 printed sets and I electronic set of final
construction documents and specifications to the project manager for preparation of
City's bid documents.
• Provide all necessary duties for construction management, if requested.
• Attend and facilitate meetings as necessary with City staff throughout the project.
• Engineer shall coordinate with City staff in presenting details to City Council if
required.
(f) City may, or may not, in its sole discretion undertake any of the Projects. Upon written
direction from City,the Engineer shall execute with the City an Agreement for each of the Projects as directed
by City.
i. If City directs performance of Engineer for one of the Projects, Engineer shall
prepare a specific Scope of Service, Fee Schedule, Timeline, and Identification of Personnel,
Subcontractors,and Task Responsibility to be attached to the Agreement as Schedules.
(g) Within a reasonable time after receipt of the Agreement, Engineer shall review same and
advise City if the Agreement is acceptable to Engineer, or which modifications/changes Engineer requests
with respect thereto.
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DocuSign Envelope ID:FD3B264A-3078-4A4B-B3A8-92D8C7488596
(h) After mutual approval of the terms and provisions of the Agreement,City will submit same
to City Council or City for approval.
2. TERM. This Contract is for a term of three (3) years commencing October 1, 2022 and ending
September 30, 2025. The term of this Contract may be extended for an additional period of two (2)years by way of
two(2)one(1)year options,upon mutual agreement of City and Engineer. This Contract may be terminated by either
party at any time, without cause or liability, upon thirty (30) days prior written notice given to the other party
specifying the date of termination, provided, however,that the termination of this Contract shall not terminate or be
deemed to terminate any existing Agreements executed by and between the parties with respect to any specified
Project.
3. GENERAL COVENANTS. Engineer covenants and warrants that it is:
(a) Competent and qualified to perform,and will perform the services and work contemplated
by this Contract and the Agreement(s)in a professional manner to the satisfaction of the City.
(b) Familiar with the regulations and requirements of Section 2 of the RFQ with respect to the
services and work contemplated by this Contract and the Agreement(s)and shall perform such services and
work in compliance therewith.
4. RECORDS AND DATABASE. Engineer shall maintain a cost accounting system acceptable to
City, FAA, FEMA, ARPA, CDOT, and/or any other funding agency. The City and funding agency,or any of their
duly authorized representatives, shall have access to any books, documents,papers,and records of the Engineer that
are directly pertinent or relate to this Contract or any Agreements for a specified Project, for audit purposes,
examination,inspection,excerpts,and transcription. The Engineer shall maintain such records for three(3)years after
City makes final payments to Engineer and all pending matters are closed. Engineer shall prepare and maintain an
electronic database(compatible with AutoCAD)that accurately represents all existing and future civil infrastructure
for all Projects completed under this Contract and any Agreements for a specified Project.
5. SPECIFIC COVENANTS. Engineer covenants and guarantees that,during the performance of
this Contract and any Agreement for a specified Project, Engineer will comply with all FAA, FEMA,ARPA,State,
CDOT, local,and any other grant requirements,regulations,and laws as specified in Appendix F of the RFQ for this
project and/or any other state,federal, local,or other grants as they may become available during the term of this
Contract.Engineer shall comply with all applicable Federal Aviation Administration(FAA)Contract Clauses as set
forth in the RFQ and as attached hereto as Schedule 4 and incorporated herein.
6. RIGHTS TO INVENTIONS. Plans, drawings, designs, specifications, inventions, reports and all
other documents and materials generated under this Contract or any Agreement for a specified Project shall become
the sole property of City, subject to applicable federal grant requirements, and City shall be vested with all rights
therein of whatever kind and however created,whether by common law, statute,or equity. Engineer shall retain sole
ownership of pre-existing proprietary property, including but not limited to,computer programs, software,diagrams,
and models.
7. INSURANCE AND INDEMNITY.
(a) Engineer agrees that it has procured and will maintain during the term of this Contract,
such insurance as will protect it and City from claims under workers'compensation acts,claims for damages
because of personal injury including bodily 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:
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(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 City.
(2) Commercial General Liability Insurance. The Engineer shall secure and maintain
during the period of this 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 it and all its subcontractors under the Agreement
and 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 the Agreement and Contract,and"Completed Operations and Projects Liability"coverage.
(3) Professional Liability Insurance with coverage of not less than$1,000,000 and in
a form and with a deductible acceptable to City.
(4) Comprehensive Automobile Liability Insurance. The Engineer shall procure and
maintain during the period of the Agreement and 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 shall furnish to City a certificate or certificates of insurance showing compliance
with this section 7. Engineer shall obtain a special endorsement from its insurance carrier that provides that
the insurance shall not be changed or cancelled until ten(10)days after written notice has been given to City
and provide a copy of such endorsement to City. Engineer shall immediately notify City of any substantial
change in,or cancellation,or non-renewal of any such insurance.
(d) Engineer agrees to hold harmless, defend and indemnify City from and against any
liability to third parties, arising out of negligent acts, errors or omissions of Engineer, its employees,
subcontractors, and consultants.
8. CERTIFICATIONS. Engineer certifies that:
(a) Neither Engineer nor any of its principals are presently,or at the time of execution of any
Agreement for a specified Project, debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this Contract or in any such subsequent Agreement for a specified
Project by any entity or agency. Engineer will include this clause in all lower tier transactions, solicitations,
proposals,contracts,subcontracts,and agreements.
(b) Engineer is not owned or controlled by one or more citizens of a foreign country included
in the list of countries that discriminate against U.S.firms published by the Office of the United States Trade
Representatives and it will comply with the Department of Transportation trade restriction regulations 49
CFR Part 30. Engineer will include this clause and other clauses required by said trade restriction regulations
in all lower tier transactions,solicitations,proposals, contracts.subcontracts,and agreements.
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DocuSign Envelope ID:FD3B264A-3078-4A4B-B3A8-92D8C7488596
9. NOTICES.Any notice required or permitted by this Contract shall be in writing and may be served
personally or mailed by first-class mail,postage prepaid,addressed to the party at its address shown on the first page
hereof,and if to the City,a copy thereof shall he given to Director of Aviation,31201 Bryan Circle,Pueblo,Colorado,
81001.Either party may change addresses upon written notice given to the other party specifying the changed address.
10. FINANCIAL OBLIGATIONS OF CITY. All financial obligations of the City under this Contract
and any Agreement for a specified Project in any subsequent fiscal year of the City are subject to, and contingent
upon, funds being specifically budgeted and appropriated for such purposes (Projects). This Contract 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 of
Pueblo, contrary to Article X, § 20 Colorado Constitution or any other constitutional, statutory, or charter debt
limitation. Notwithstanding any other provision of this Contract and any Agreement for a specified Project, with
respect to any financial obligation of the City which may arise under this Contract in any fiscal 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 or breach of this Contract or any Agreement for a specified
Project by the City, and the City may immediately terminate this Contract or any Agreement for a specified Project
without liability.
11. MISCELLANEOUS.
(a) This Contract shall be governed and interpreted in accordance with the laws of the State of
Colorado.
(b) In the event of any litigation arising out of this Contract, the court shall award to the
prevailing party its costs and reasonable attorney fees. Venue for any litigation shall be Pueblo County,
Colorado.
(c) This Contract contains the entire agreement between the City and Engineer and
incorporates all prior written and oral understandings and agreements between the parties. All Agreements
shall be governed by and controlled by this Contract,each Agreement being subject to the terms hereof.
(d) This Contract may only be modified or amended by written instrument signed by both City
and Engineer.
(e) This Contract shall be binding upon and inure to the benefit of City and Engineer and their
respective successors and assigns,provided,however,Engineer shall not assign this Contract,Agreement for
a specific Project,or any interest herein without the prior written consent of City.
12. REVIEW. This Contract is subject to and contingent upon FAA review and concurrence of award.
Subsequent agreements for services may be contingent upon any and all funding source concurrence and Engineer's
ability to meet City's specific project needs.
13. 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 Contract. The Engineer shall fill out the
Colorado PERA Questionnaire attached hereto and submit the completed form to City as part of the signed Contract.
14. ELECTRONIC SIGNATURE.
This Agreement and all other documents contemplated hereunder may be executed using electronic
signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable
Document Format(PDF)or other readily available file format,or by copy transmitted via email,or by other electronic
means and in one or more counterparts,each of which shall be: (i) an original, and all of which taken together shall
constitute one and the same agreement,(ii)a valid and binding agreement and fully admissible under state and federal
law,and(iii)enforceable in accordance with its terms.
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DocuSign Envelope ID:FD3B264A-3078-4A4B-B3A8-92D8C7488596
IN WITNESS WHEREOF the parties hereto have made and executed this Contract as of the day and year
first above written.
CITY OF PUEBLO,A MUNICIPAL DIBBLE&ASSOCIATES CONSULTING
CORPORATION ENGINEERS, INC.
—DocuSigned by: 1—DocuSigned by:
B- —003514DB28C0490_. �F-UU/UUb9Jtlbl4BD_.
Naomi Hedden, Director of Purchasing Ryan Toner, Vice President
—DocuSigned by:
Attest
0
l "aris°aFS�iolier,City Clerk //A ?
[SEAL]
1 a.
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT ANDD FUNDS ARE AVAILABLE.
D .bry: . .
�(',GllAlra Q`
141CBrLB170Gi8r.ocuSigned
l
.. Approved
Laura Solano,Chief of Staff
APPROVED AS TO FORM:
1—DocuSigned by:
Pia C. 61\ga
D45CEDE592484B9...
an Kogovsek,City Attorney
Attachments: Exhibit A—Professional Engineering Services Agreement Form
Exhibit B—Professional Services Agreement Form
Schedule I —Scope of Services
Schedule 2—Fee Schedule
Schedule 3 —Identification of Personnel, Subcontractors,and Task Responsibility
Schedule 4- Federal Aviation Administration(FAA)Contract Clauses
Additional Information for Contract
Bid 22-054 Dibble Master Contract—Airport Engineer of Record Page 6 of 83