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Home My WebLink About10353 ORDINANCE NO. 10353 AN ORDINANCE APPROVING AN AMENDMENT TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC., FOR THE REHABILITATION OF RUNWAY 8R/26L (PHASE 1 - DESIGN) AT THE PUEBLO MEMORIAL AIRPORT, BUDGETING AND APPROPRIATING $49,807 TO PROJECT NO. AP2205 – REHAB RUNWAY 8R-26L DESIGN AND CONSTRUCTION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the Federal Aviation Administration (“FAA”) has requested additional engineering services to be performed for work to be completed during the construction phase of Runway 8R-26L Rehab; and, WHEREAS, the additional funds for this Amendment to the Agreement for Professional Engineering Services need to be budgeted and appropriated into Rehab Runway 8R-26L Design & Construction Project No. AP2205. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Agreement for Professional Engineering Services (“Amendment”), 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 additional engineering design services for the Rehabilitation of Runway 8R-26L (Phase 1 - Design) at Pueblo Memorial Airport, after having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Funds in the amount of $49,807.00 shall be transferred from the Passenger Facility Charge Fund and budgeted and appropriated to Project No. AP2205 - Rehab Runway 8R-26L Design and Construction. SECTION 3. The Mayor is hereby authorized to execute the Amendment in the name and on behalf of the City of Pueblo, where the Mayor may execute the Amendment by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 5. 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 December 12, 2022. Final adoption of Ordinance by City Council on December 27, 2022 . President of City Council Action by the Mayor: ☒ Approved on December 29, 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 Deputy City Clerk City Clerk's Office Item # R1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 12, 2022 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Greg Pedroza, Director Aviation SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC., FOR THE REHABILITATION OF RUNWAY 8R/26L (PHASE 1 - DESIGN) AT THE PUEBLO MEMORIAL AIRPORT, BUDGETING AND APPROPRIATING $49,807 TO PROJECT NO. AP2205 – REHAB RUNWAY 8R/26L DESIGN AND CONSTRUCTION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance will approve an amendment to the Agreement for Professional Engineering Services (“Professional Services Agreement”) between the City of Pueblo and Dibble and Associates Consulting Engineers, Inc., and budget and appropriate $49,807.00 to Project No. AP2205 for the Rehabilitation of Runway 8R/26L (Phase 1 - Design). PREVIOUS COUNCIL ACTION: Ordinance No. 10242 was approved by City Council on August 9, 2022, and accepted an FAA AIP grant, established Project No. AP2205, and awarded the Agreement for Professional Engineering Services (“Professional Services Agreement”) to Dibble and Associates Consulting Engineers, Inc., for the Rehabilitation of Runway 8R/26L (Phase 1 - Design). BACKGROUND: During this engineering design phase, the FAA has requested additional engineering services to be performed for additional work to be done during construction. FAA funding will be provided for an Airfield Lighting Control and Monitoring System (ALCMS), additional Geotech services, and additional engineering surveying and site visits. The additional engineering costs will be added to the design phase in the amount of $49,807.00. The additional engineering services will add these line items to the upcoming Phase - 2 Rehab of Runway 8R-26L construction project FINANCIAL IMPLICATIONS: Funds in the amount of $49,807.00 will be transferred from the Passenger Facility Charges Fund to Project No. AP2205 – Rehab Runway 8R/26L Design and Construction. The FAA will reimburse 95% of these funds when the grant for the construction phase is awarded. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not Applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the amendment to the Agreement for Professional Engineering Services (“Professional Services Agreement”) will not be approved and the additional necessary improvements will not be completed. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: None AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BY AND BETWEEN CITY OF PUEBLO AND DIBBLE AND ASSOCIATES CONSULTING ENGINEERS,INC'. This Amendment No. 1 to the Agreement for Professional Engineering Services("Amendment"(is executed to be effective as of the 26th day of December. 2022. by and between the City of Pueblo. Colorado. a Colorado Municipal Corporation ("Owner") and Dibble and Associates Consulting Engineers. Inc.. an Arizona Corporation.doing business as Dibble Engineering. a professional engineering firm(hereinafter "Engineer„(. Owner and Engineer are sometimes referred to herein as a "Party"and collectively. as the"Parties."WITNESSETH THAT: WHEREAS.Owner and Engineer entered into that certain Agreement for Professional Engineering Services dated the 8th day of August.2022(the"Agreement"(for Project AP2205.Project Name: Rehabilitate Runway SR-26L and Taxiway A2 Removal(Design Only): and WHEREAS.Owner and Engineer desire to modify the Agreement pursuant to the provisions set forth herein. NOW. THEREFORE. in consideration of the foregoing premises. the mutual promises set forth herein and other good and valuable consideration. the receipt and adequacy of which is hereby acknowledged. Owner and Engineer hereby agree to the following: AGREEMENT 1. The Agreement is amended by expanding the scope of work to include the following additional services: • Airfield Lighting Control and Monitoring System(ALCMS) • New Geotechnical Engineer and Additional Geotechnical Investigations • Additional Evaluations, Site Visits. and Survey • The work items with respect to such additional services are generally identified and set forth in Attachment A. Attachment A to this Amendment No. 1 shall be added to the original scope of work. and Engineer shall complete the work items as generally described in said Attachment A in accordance with the terms of the Agreement. S. With respect to services provided under the Amendment No. 1. the fee schedule included in Attachment A to this Amendment No. 1 shall apply to compensation payable to Engineer. The aggregate compensation payable to the Engineer for performance of the additional services authorized by this Amendment No. 1 shall not exceed the maximum amount of S49.S0'.00 as set forth in the Attachment A and notwithstanding vytnether the service is billed as Time and Material. 4. This Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Except as expressly modified by this Amendment No. I. the Agreement shall remain in full force and effect. Except as modified by this Amendment No. 1. any obligations to be performed under the Agreement by either party are not waived nor excused in any manner but shall be performed in accordance with the terms and conditions of the Agreement as it existed prior to this Amendment No. 1. 6. This Amendment may be executed in one or more counterparts. each of which shall be deemed an original and all of which shall constitute one and the same document with the same effect as if all Parties had signed the same original. The Parties further agree that transmission of this Amendment by any electronic format. telecopy or via email in a PDF format. shall be deemed transmission of the original Amendment for all purposes. Electronic signatures shall be deemed valid and binding to the same extent as the original Amendment No. 1 -Project AP2205,Rehabilitate Runway SR-.6L and Taxiway A2 Removal(Design Only Page 1 of 2 IN WITNESS WHEREOF, the Parties to this Amendment No. 1 have set forth their hand, to be effective as of the effective date. CITY OF PUEBLO, A MUNICIPAL CORPORATION DIBBLE AND ASSOCIATES CONSULTING ENGINEERS,INC. By • By y Nicholas A.Gradi , ayor an T ne , Vice President Attest �-� r'� 1 M l+ Stoller,City Clerk [SEAL] BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. i► '' exandria Romero, ector of Finance APPROVED AS TO FORM: cvrVD V, L 1. -- Dan Kogovsek,City Attorney Attachment: Attachment A-Engineering Services Proposal Amendment No. 1 -Project AP2205,Rehabilitate Runway 8R-26L and Taxiway A2 Removal(Design Only) Page 2 of 2