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RESOLUTION NO. 52
A RESOLUTION APPROVING A CONTRACT BETWEEN
ISBILL ASSOCIATES, INC. AND THE CITY OF
PUEBLO, COLORADO, A M[MICIPAL CORPORATION,
AND AUTHORIZING TIT, PRESIDENT OF THE COUNCIL
TO EXECUTE SAME.
BE IT RESOLVED BY TEE CITY COUNCIL OF PUEBLO, THAT:
SECTION l:
A CONTRACT DATED AUGUST 8, 1983, A COPY OF UHICH IS ATTACHED
HERETO AND MADE A PART HEREOF BY REFERENCE AFTER HAVING BEEN APPROVED AS TO
FORM BY THE CITY ATTORNEY, BY AND BETWEEN ISBILL ASSOCIATES, INC. AND THE
CITY OF PUEEBLO, A MUivICIPAL CORPORATION, TO PROVIDE ENGINEERING SERVICES
FOR THE IMPROVEHENTS TO PUEBLO MEMORIAL AIRPORT; INCLUDING BUT NOT LIMITED
T0:
REHABILITATE DRAINAGE AT EAST END OF ,:oi AY 8R/ 26L
REHABILITATE PORTION OF GENERAL AVIATION APRON
BE AND 'THE S14E IS HEREBY APPROVED SUBJECT TO THE CONDITIONS AS SET FORTH
IN SAID CONTRACT.
SECTION 2:
THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO EXECUTE SAID
CONTRACT ON BEHALF OF PUEBLO A 14UNICIPAL CORPORATION, AND THE CITY CLERK
SHALL AFFIX THE SEAL OF THE CITY THERETO AND ATTEST THE SAME.
INTRODUCED AUGUST 5, 1953
BY Douglas 7 Ri ncr
COUNCILMAN _-
APPROVED BY:
A'
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PRESIDENT OF TRE COUNCIL
ATTEST:
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CITY RK
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PUB - 0976
AIP No. 3-08-0 046 - f-;' `
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CONTRACT
The City of Pueblo, Colorado, hereinafter called the "Sponsor ", agrees to
retain, effective when the contract is executed, the firm of Isbill Associates,
Inc., hereinafter called the "Engineer ", to perform' the engineering services
as outlined below for the project known as Improvements to Pueblo Memorial
Airport .
L The scope of work contemplated under this agreement is for the improve-
ments to Pueblo Memorial Airport. Said improvements will include,
but are not limited to, the folbwing,items:
1. Rehabilitate Drainage at east end of Runway 8R/26L;
2. Rehabilitate Portion of General Aviation Apron.
IL The Engineer's services rendered for the above described scope of work
will be in the following steps:
PART A- BASIC SERVICES (PREAPPLICATION AND DESIGN
ENGINEERING)
1. . Assist the Sponsor in the preparation of the Preapplica-
tion. Prepare the Program Sketch and Engineer` Esti-
mate and assist the Sponsor, as required;
2. Consult/ Coordinate with Airport Users, FAA, Airport
Staff, County, and other interested parties;
3. Review existing airport drawings as applicable to the
project to determine the effect of existing facilities
on the project design;
4. Prepare preliminary plans, specifications, contract
documents, and cost estimates for the design, to be
approved by the Sponsor and the FAA;
5. Provide acceptable Airport Layout Plan and associated
drawings, if required;
6. Prepare and submit final plans, specifications, and
contract documents to be approved by the Sponsor
and the FAA prior to advertising for bids;
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7. Prepare a Design Engineer's Report, estimates of final
quantities, and construction costs that will be submitted
at the time of submittal of final plans and specifications
to the Sponsor and the FAA;
8. Coordinate the establishment of bid proposals into sched-
ules to allow flexibility of award to match the funds
available;
9. Prepare, or assist in the preparation of, the Application
for Federal Funds and the Exhibit "A'
10. Assist with the bid opening, processing of bid documents,
and make recommendations to the Sponsor;
11. Provide complete sets of approved plans, specifications,
and contract documents for the bidding of the project;
12. Perform miscellaneous engineering services as requested
by airport management;
13. All services performed shall be in conformance with any
and all applicable rules and regulations of the Federal
Aviation Administration.
PART B - SPECIAL SERVICES (FIELD ENGINEERING)
1. Provide complete resident engineering supervision of
the construction work with sufficient qualified inspectors
who shall be present during all construction operations
to assure that construction is accomplished in accordance
with the plans and specifications. It is expressly under-
stood that the .erm "engineering supervision" does not
mean that the Engineer will assume any responsibility
that usurps or replaces the duties and authority of a
Construction Superintendent or other Contractor agent
in responsible charge of the construction operation.
The Engineer, in carrying out his responsibilties for
engineering supervision shall guard the Sponsor against
defects and deficiencies in the permanent work con
structed by the Contractor, but does not guarantee the
performance c,f the Contractor. The Engineer shall not
be required to make exhaustive or continuous on -site
observations to check the quality or quantity of the con-
struction means, methods, techniques, sequences or proce-
dures, time of performance, programs or for any safety
precautions in connection with the construction work.
The above disclaimers do not in any way abrogate the
responsibility of the Engineer as agent for the Sponsor
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to exercise technical competence, expertise, skill and
engineering judgment to insure that the Contractor's
construction products are provided in accordance with
the construction contract documents. The Engineer
shall issue such instructions to the Contractor's construc-
tion superintendent as are necessary to protect the Spon-
sor's interests to the same extent as would the Sponsor
himself if he were present and equipped with the requisite
knowledge, skill, competence, expertise, and engineering
judgment.
2. The Engineer shall perform all tests as necessary to
meet the requirements of the Federal Aviation Admin-
istration, in the field and the laboratory, as required,
in proper time and in sufficient number to assure con-
struction in accordance with the plans and specifica-
tions. Copies of all test reports will be furnished to
the Sponsor and the FAA. The results shall be available
the day they are taken.
3. The Engineer shall act as the Sponsor's agent during
construction to protect the Sponsor's interest and shall
have the authority to stop construction if not in accor-
dance with the plans and specifications. The Engineer
will furnish the Sponsor and the FAA a weekly construc-
tion progress and inspection report.
4. The Engineer shall prepare all addition and deletion change
orders and supplemental agreements as required. After
acceptance of the Construction Contract by the Contrac-
tor, copies will t i submitted to the Sponsor and the FAA
for approval and ;ignature before proceeding with the
work.
5. The Engineer shall prepare periodic estimates during the
construction of the Project and shall prepare the final
estimate when the work is completed. Periodic estimates
shall be submitted regularly to the Sponsor for concur-
rence and submittal to FAA for Federal participation
payments. The Engineer will assist in preparation of
Federal payment requests.
6. The Engineer shall review and submit weekly contrac-
tor's payrolls, check shop drawings and construction
submittals; prepare and maintain necessary records of
construction progress.
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7. When the project has been completed and is ready for
final acceptance, the Engineer shall arrange for inspec-
tion of the finished work by the FAA, the Sponsor, the
Contractor, and the Engineer, following which the final
estimate for the work will be considered by the Sponsor.
8. Upon acceptance of the project, the Engineer shall pre-
pare the "As Built" drawings including any field surveying
required to compute final quantities and the construction
engineering report and shall provide the Sponsor with
one (1) set of reproducible "As Built" drawings.
PART C - CHANGE OF SCOPE
It is mutually agreed that any change in the scope of the
project as outlined in Article I, or the services outlined
in Article II, in Parts A and B and/or delays (including
completion of the work in more than one project), by the
Sponsor resulting in extra expense to the Engineer shall be
considered beyond the normal scope of this contract. In addi-
tion to the foregoing services, the Sponsor may require addi-
tional services such as Property Surveys, Descriptions of
Land, Easements, Redesign or Major Changes of the concept
after final plans or concepts have been approved by the FAA.
Payment to the Engineer for such work because of the change
in scope of the project shall be negotiated at the time of
the anticipated change and it shall be mutually agreed to
by amending this contract.
IIL The Engineer further agrees that:
1. The Sponsor, the Federal Aviation Administration, and the Comp-
troller General of the United States or any of their designated
representatives shall have access to any books, documents, papers
and records of the Engineer which are directly pertinent to the
grant program for the purpose of making audit, examination,
excerpts, and transcriptions.
2. The Engineer has formulated, adopted, and actively maintains
an affirmative action plan in compliance with Executive Order
No. 11246 entitled, "Equal Employment Opportunity." The Engi-
neer does not discriminate on the basis of race, color, religion,
creed, national origin, sex, or age. Goals and targets are speci-
fied in the affirmative action plan to assure its implementation.
3. All services performed shall be in conformance with any and
all applicable rules and regulations of the Federal Aviation
Administration.
Page 4 of 9
4. Whereas, it is the policy of the Department of Transportation
(DOT) that Minority Business Enterprises as defined in 49 CFR
Part 23 shall have the maximum opportunity to participate in
the performance of contracts financed in whole or in part with
Federal funds, consequently, the MBE requirements of 49 CFR
Part 23 apply to this contract.
The Engineer shall agree to ensure that Minority Business Enter-
prises as defined in 49 CFR Part 23 have the maximum opportun-
ity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds. In this regard, all
Contractors shall take all necessary and reasonable steps in accor-
dance with 49 CFR Part 23 to ensure that Minority Business Enter-
prises have the maximum opportunity to compete for and perform
contracts. Contractors shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of DOT assisted contracts.
IV. The Engineer and the Sponsor mutually agree that:
1. The Sponsor and the Engineer each bind himself, his partners,
successors, assigns, and legal representatives to the other party
to this contract and the partners, successors, assigns and legal
representatives of such other party in respect of all covenants
of this contract. Neither the Sponsor nor the Engineer shall
assign, sublet, or transfer its interest in this contract without
the written consent of the other;
2. This contract may be terminated by either party upon seven (7)
days written notice should either party fail substantially to per-
form in accordance with its terms through no fault of the other.
It is also understood that any such violation or Breach of CL,itract
is subject to legal remedies in addition to any contractual or
administrative measures;
3. The original plans and specifications shall remain the property
of the Engineer; however, the Sponsor will be provided one (1)
set of specifications and reproducible plans whether or not the
project is executed. The Sponsor may then use those plans in
any manner he wishes, provided the Engineer's nameplate, logo-
type, masthead, or other identification is deleted for any use
outside the scope of this agreement;
4. Reasons for which this agreement may be terminated for default
include- -but are not limited to -- inferior or uncompleted work
by the Engineer, lack of diligence by either party, inability to
meet specified time constraints by either party, failure of the
Sponsor to provide civil, structural, mechanical, or other details
of systems existing at the site;
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5. Reasons for which this agreement may be terminated because
of circumstances beyond the control of the Engineer include- -
but are not limited to- -nonavai lability of funds, policy decisions
to abandon or postpone the work indefinitely.
V. The Sponsor agrees that:
1. The Sponsor shall make available to the Engineer all technical
data that is in the Sponsor's possession including maps, surveys,
property descriptions, borings, and other information required
by the Engineer and relating to his work.
2.. The Sponsor agrees to cooperate with the Engineer in the approval
of all plans and specifications, or should they disapprove of any
part of said plans and specifications, shall make a decision timely
in order that no undue expense will be caused the Engineer because
of lack of decisions. If the Engineer is caused extra drafting or
other expense due to changes ordered by the Sponsor after the
completion and approval of the plans and specifications, the Engi-
neer shall be equitably paid for such extra expenses and services
involved
3. The Sponsor shall pay publishing costs for advertisements of
notices, public hearings, requests for bids, and other similar items;
shall pay for all permits and licenses that may be required by
local, state, or federal authorities; and shall secure the necessary
land, easements, and rights -of -way required for the project.
VI. The Sponsor agrees to pay the Engineer for the services listed under
Article II in the following manner:
PART A - BASIC SERVICES
Item 1. - A lump sum fee of $16,650.
Item 2. - A lump sum fee of $ 1,200.
Method of Payment shall be as follows:
30 percent due at the time of submittal of the preliminary design
to the FAA;
20 percent due at the time of approval of the final construction
plans and specifications by the Sponsor and the FAA; and
40 percent due after receiving a grant offer from the FAA for
the matching funds.
Page 6 of 9
The remaining ten percent of the fee (Part A) shall be paid at
the time construction is completed for those work items actually
constructed as listed in Article I. However, at the Engineer's
option, he may request that the Sponsor accept (in lieu of the
ten percent retainage) the Engineer deposits in escrow under the
following conditions:
a. The Engineer shall bear all expenses of establishing and
maintaining an escrow account and escrow agreement
acceptable to the Sponsor.
b. The Engineer shall deposit to and maintain in such escrow
only those securities as are acceptable to the Sponsor
and having a value not less than the ten percent retainage
that would otherwise be withheld.
a The Engineer shall enter into an escrow agreement satis-
factory to the Sponsor.
If work is abandoned or terminated after obtaining approval by the
Sponsor and the FAA of the final construction plans and specifica-
tions, the Sponsor shall reimburse up to 90 percent of the total lump
sum as listed under Part A, in accordance with Article IV - 2 of this
contract.
PART B - SPECIAL SERVICES
For the services rendered under Article I4 the following shall apply:
The Engineer shall be reimbursed on the basis of Time and Materials, i.e.
the number of hours worked, mutiplied by the Engineer's standard hourl„
rates for each applicable employee classification plus direct non- hourly
expenses as shown below.
FEE SCHEDULE AND BILLING PROCEDURES
Principal . . . . . . . . . . . . . . . . . . . . . . . . $ 69.80/hr.
Staf f Engineer /Planner ... . . . . . . . . . . . . . . . 57.35/hr.
Engineer /Planner /Construction Coordinator . . . . . . . . 40.55/hr.
Associate Engineer/Planner . . . . . . . . . . . . . . . 29.55/hr.
Draftsman . . . . . . . . . . . . . . . . . . . . . . . 23.151hr.
Clerical /Data Processor . . . . . . . . . . . . . . . . . 25.72/hr.
Page 7 of 9
Mileage and company car usage will be billed at the rate of $0.20 per mile, and
$35.00 per day, and out -of -town expenses at per diem rates of actual costs
plus ten percent (10%). Auto rental, material testing, and surveying costs
will be billed at actual costs plus ten percent (10 %).
The maximum estimated SPECIAL SERVICES engineering is as follows:
Item 1. - $17,700.
Item 2. - $ 1,800.
Any amount over the estimated maximum will be negotiated and agreed upon
between the Sponsor and the Engineer in writing prior to beginning of additional
work.
The above estimated maximums are based on a construction project taking
30 Contractor working days.
Method of Payment shall be as follows:
For services rendered under Part B - SPECIAL SERVICES, the Sponsor
agrees to make monthly payments based upon the work performed by
the Engineer less ten percent. The final ten percent of the fee shall be
due and payable when the project final inspection and the construction
report have been completed, and when reproducible "As Built" drawings
have been submitted to the Sponsor and when the revised Airport Lay-
out Plan has been approved by the FAA. The ten percent retainage, at
the Engineer's option, shall follow the same procedures as Part A
BASIC SERVICES. The "As Built" drawings and construction report shall
be submitted within a period of 90 days from end of construction period.
This contract shall be considered completed upon audit completion.
VIL The Engineer agrees to perform said services and work to carry out
the provisions of this contract a good and workmanlike manner and
to the satisfaction of the Sponsor.
VIIL Hold Harmless
The Engineer agrees to protect and save the Sponsor, its elected and
appointed officials, and employees, harmless from and against all
claims, demands and causes of action of any kind or character, including
the cost of defense thereof, arising in favor of the Engineer's employees
or third parties due to the fault or neglect of the Engineer on this
project, except when such fault is solely and entirely the fault of the
Sponsor or its above named officials and employees.
Yn any and all claims against the Sponsor by any employee of the Engi-
neer or anyone for whose acts the Engineer may be liable, this indem-
nification obligation shall not be limited in any way by limitations
on the amount or type of damages, compensation or benefits payable
by or for the Engineer under Workman's Compensation acts, disability
benefit acts, or other employee benefit acts.
Page 8 of 9
IX. Insurance.
The Engineer shall obtain and maintain continuously, public liability
insurance to protect the public with limits of liability not less than:
$5,000,000.00 combined single limit bodily injury
and property damage.
With appropriate coverage endorsements to include broad form con -
tractural, broad form property damage, contractor's protective, auto
and non -owner auto.
The Engineer shall provide the Sponsor a certificate of insurance or,
upon written request of the Sponsor, a duplicate of the policy as evi-
dence of insurance protection provided
X. An opinion of construction cost prepared by the Engineer represents
judgment as a design professional and is supplied for Sponsor's guidance.
Since the Engineer has no control over the cost of labor and material,
or over competitive bidding or market conditions, the Engineer does
not guarantee the accuracy of its opinion as compared to contractor
bids or actual cost to the Sponsor.
IN WITNESS HEREOF, the parties hereto have affixed their signatures this
8TH day of AUGUST , 1983.
SPONSOR:
City of Pueblo, Colorado
By zzp�
President of City Council
Pueblo, Colorado
r
Attest (— Nr'a , Y
01 i �_
C i ty Clerk
ENGINEER:
Isbill Associates, Inc.
By
President
Isbill Associates, Inc.
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