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HomeMy WebLinkAbout5361RESOLUTION N0, 5361 A RESOLUTION APPROVING A CONTRACT BETWEEN ISBILL ASSOCIATES INC. AND THE CITY OF PUEBLO, COLORADO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, 'THAT: SECTION 1: A CONTRACT DATED MARCH 26, 1984 A COPY OF WHICH 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 PUEBLO, A MUNICIPAL CORPORATION, TO PROVIDE ENGINEERING SERVICES FOR THE IMPROVEMENTS TO PUEBLO MEMORIAL AIRPORT; INCLUDING BUT NOT LIMITED TO: REHABILITATE WEST PORTION OF PARALLEL TAXIWAY (TAXIWAY "B ") TO RUN14AY 8L/26R BE AND THE SAME 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 PUEB10 A MUNICIPAL CORPORATION, AND THE CITY CLERK SHALL AFFIX THE SEAL OF THE CITY THERETO AND ATTEST THE SAME. INTRODUCED MARCH 26,,, 1 984 BY ALLYN MIDDELKAMP COUNCILMAN A PPR OV ED i � g � PUB -1024 AIP No. 3 -08- 0046 -02 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. I. The scope of work contemplated under this agreement is for engineer- ing services for the improvements to Pueblo Memorial Airport. Said improvements will include, but are not limited to, the following items: 1. Rehabilitate West Portion of Parallel Taxiway (Taxiway "B ") to Runway 8L/26R. II. The Engineer's services rendered for the above described scope of work will be according to the following schedule: PART A - BASIC SERVICES (PREAPPLICATION AND DESIGN ENGINEERING) 1. Assist the Sponsor in the preparation of the Preapplica- tion. Prepare the Program Sketch, Program Narrative, and Engineer's Estimate and assist the Sponsor with the required Statements and Notifications, the Environmental documentation, and the State and Regional reviews as required; 2. Consult /Coordinate with Airport Users, FAA, Airport Staff, City, County, and other interested parties; 3. Review, and revise as necessary, the airport drawings which provide the basis for the project design; 4. Perform topographic surveys of proposed construction areas as required for design; 5. Perform soils and /or pavement testing and investigation of proposed construction areas as required for design. 6. Prepare preliminary plans, specifications, contract docu- ments, and cost estimates for the design, to be approved by the Sponsor and the FAA; 7. Provide acceptable Airport Layout Plan and associated drawings, as required; Page 1 of 9 8. Prepare and submit final plans, specifications, and con- tract documents for approval by the Sponsor and the FAA prior to advertising for bids; 9. Prepare a Design Engineer's Report, including estimates of final quantities and construction costs. The report will be submitted with the final plans and specifications to the Sponsor and the FAA; 10. Prepare or assist in the preparation of the Application for Federal Funds and the Property Map (Exhibit " A " ); 11. Coordinate the establishment of bid proposals into sched- ules to allow flexibility of award to match the funds available; 12. Provide complete sets of approved plans, specifications, and contract documents for the bidding of the project; 13. Assist with the bid opening and processing of bid docu- ments, and make recommendations to the Sponsor for award of contract schedules; 14. Perform miscellaneous engineering services as requested by airport management; 15. 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 term "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 charged with responsibility for the construction operation. The Engineer, in carrying out his responsibilities 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 of 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 pro- cedures, time of performance, programs or for any safety Page 2 of 9 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 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 interest 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 Contractor, copies will be submitted to the Sponsor and the FAA for approval and signature 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 concurrence and submittal to FAA for Federal par- ticipation payments. The Engineer will assist in prepa- ration of Federal payment requests; 6. The Engineer shall review and submit weekly Contrac- tor's payrolls, check shop drawings and construction submittals, and prepare and maintain necessary records of construction progress; Page 3 of 9 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 survey- ing required to compute final quantities, and the con- struction 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 com- pletion of the work in more than one project) by the Spon- sor, resulting in extra expense to the Engineer, shall be con- sidered 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. III. The Engineer further agrees that: 1. The Sponsor, the Federal Aviation Administration, and 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 themselves, their part- ners, 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 cove- nants of this contract. Neither the Sponsor nor the Engineer shall assign, sublet, or transfer its interest in this contract with- out 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 Contract 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, or failure of the Sponsor to provide civil, structural, mechanical or other details of systems existing at the site; Page 5of9 5. Reasons for which this agreement may be terminated because of circumstances beyond the control of the Engineer include- - but are not limited to-- nonavailability of funds, or policy deci- sions 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 timely decision in order that no undue expense will be caused the Engineer because of lack of decisions. If the Engineer is caused to incur other expenses such as extra drafting, due to changes ordered by the Sponsor after the completion and approval of the plans and speci- f ications, the Engineer 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, 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 $26,600. Method of payment shall be as follows: Interim payments based on work performed by the Consulting Engineer and detailed in a report submitted to the Sponsor prior to payment. 90 percent due at the time of approval of the final construction plans and specifications by the Sponsor and the FAA; and 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. c. 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. 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 hourly rates for each applicable employee classification plus direct non - hourly expenses as shown below. FEE SCHEDULE AND BILLING PROCEDURES Principal . . . . . . . . . . . . . . . . . . . . . . . . $ 69.80/hr . Staff Engineer/ Planner . . . . . . . . . . . . . . . . . 57.35/hr. Engineer /Planner /Construction Coordinator . . . . . . . . 40.55/hr. Associate Engineer /Planner . . . . . . . . . . . . . . . 29.55/hr. Draftsman . . . . . . . . . . . . . . . . . . . . . . . 23.15/hr. Clerical /Data Processor . . . . . . . . . . . . . . . . . 25.72/hr. 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 handling charges based on an hourly rate. Auto rental, materials testing, and surveying costs will be billed at actual costs plus handling charges based on an hourly rate. Page 7of9 The maximum estimated SPECIAL SERVICES engineering is as follows: Item 1. - $22,700. 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 maximum is based on a construction project taking 20 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; the reproducible "As Built" drawings have been submitted to the Sponsor; and the revised Airport Layout Plan has been approved by the FAA. The ten percent retainage, at the Engineer's option, shall be paid according to the same procedures as Part A - BASIC SERVICES. The "As Built" drawings and construction report shall be sub- mitted within a period of 90 days from end of construction period. This contract shall be considered complete concurrent with completion of the audit. VIL The Engineer agrees to perform said services and work to carry out the provisions of this contract in 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. In 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 as to the amount or type of damages, compensation or benefits payable by or for the Engi- neer 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 the Sponsor's guid- ance. Since the Engineer has no control over the cost of labor and mate- rial, 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 WHEREOF, the parties hereto have affixed their signatures this 2 6TH day of MARCH , 1984. SPONSOR: City of Pueblo, Colorado By resident, Cit Co ncd Attest 46� h. 11-r-'ed TY CLERK ENGINEE - Isbill Associates, Inc. Vice President Isbill Associates, Inc. Page 9 of 9