HomeMy WebLinkAbout11055ORDINANCE NO.11055
AN ORDINANCE APPROVING A PROFESSIONAL
ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY
OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND
DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC.,
FOR THE CONSTRUCTION ADMINISTRATION FOR THE
CONSTRUCT HANGAR AND REHABILITATE TAXILANE
(CONSTRUCTION) PROJECT, AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
provided a proposal for construction administration services for the Construct Hangar and
Rehabilitate Taxilane (Construction) project; NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
between the City of Pueblo, a Colorado Municipal Corporation, and Dibble and Associates
Consulting Engineers, Inc., an Arizona Corporation, to provide engineering construction
administration services for the Construct Hangar and Rehabilitate Taxilane (Construction) project
at Pueblo Memorial Airport, after having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2.
The Mayor is hereby authorized to execute the Professional Services Agreement for and
on behalf of the City, and the City Clerk is authorized to affix the seal of the City thereto and attest
same. Where authorized pursuant to §1-4-3, P.M.C., the Mayor may execute the Professional
Services Agreement by electronic signature, and such electronic signature shall be attributable to
the Mayor and the City of Pueblo.
SECTION 3.
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 4.
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 September 22, 2025.
Final adoption of Ordinance by City Council on October 14, 2025.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
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 _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # S7
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 14, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Greg Pedroza, Director Aviation
SUBJECT: AN ORDINANCE APPROVING A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND DIBBLE AND
ASSOCIATES CONSULTING ENGINEERS, INC., FOR THE
CONSTRUCTION ADMINISTRATION FOR THE CONSTRUCT HANGAR
AND REHABILITATE TAXILANE (CONSTRUCTION) PROJECT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance will approve a Professional Engineering Services Agreement between
the City of Pueblo, a Colorado Municipal Corporation, and Dibble and Associates
Consulting Engineers, Inc., for the construction administration for the Construct Hangar
and Rehabilitate Taxilane (Construction) project.
PREVIOUS COUNCIL ACTION:
Ordinance No. 9308, passed and approved on July 9, 2018, established Project No.
AP1804 South T-Hangar #1 budgeting and appropriating funds from insurance claim
for damage to t-hangars.
Ordinance No. 10728, passed and approved on June 25, 2024, accepted CDOT Grant
24-PUB-01 to reimburse the City 2.5% of the total design cost.
Ordinance No. 10774 passed and approved on September 9, 2024, accepted FAA Grant
No. 3-08-0046-051-2024 to reimburse the City 95% of the total design cost.
Ordinance No. 10812, passed and approved on October 15, 2024, approved a sub-
agreement for Professional Engineering Services between the City of Pueblo and Dibble
and Associates Consulting Engineers, Inc., for engineering design services for the
project.
Ordinance No. 10971, passed and approved on June 23, 2025, accepted CDOT Grant
24-PUB-01 to reimburse the City 2.5% of the total construction cost.
Ordinance No. 11038, passed and approved on September 8, 2025, accepted FAA Grant
No. 3-08-0046-051-2024 to reimburse the City 95% of the total construction cost.
BACKGROUND:
The City owned a set of ten T-Hangars that were built in the late 1970s. In May of 2015,
the Airport was hit by a severe hailstorm that damaged the roof. Then, in July of 2016,
the T-Hangars were struck by the wing of a DC-10 that severely damaged the
northernmost hangar unit. Insurance funds have been received and used to seed a
project to construct new hangars. The damaged hangars were disassembled and
donated to Otero County for use at Fowler Airport. The 2022 Airport Master Plan
identified the need to construct new general aviation hangars and rehabilitate
deteriorating and potentially unsafe taxilane infrastructure at the Pueblo Memorial
Airport. The FAA has awarded a grant from the Bi-partisan Infrastructure Legislation
(BIL) funds to reimburse 95% of project costs.
FINANCIAL IMPLICATIONS:
The total cost for construction administration is $229,426.33, 95% of which will be
reimbursed through FAA and CDOT grants. Funding for the project has been approved
in previous ordinances.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the Professional Engineering Services Agreement will
not be approved, and the project will not occur.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. PUB Construct Hangar and Rahabilitate Taxilane (Construction) CA Agreement
STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT made and entered this 20th day of October, 2025 (ÐEffective DateÑ) by and
between the City of Pueblo, a Municipal Corporation (hereinafter "Owner"), and Dibble and Associates
Consulting Engineers, Inc., an Arizona Corporation, doing business as Dibble Engineering, a professional
engineering firm (hereinafter "Engineer"), for Engineer to render certain professional planning, design,
engineering, construction administration, and related services for Owner in connection with Project No.
AP1804, Project Name: Construct Hangar and Rehabilitate Taxilane (Construction) also known as IFB-05-
020 , 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
\[ \] - Preliminary Design (Schematic) Phase
\[ \] - Final Design Phase
\[ X \] - Construction Documents & Bidding Phase
\[X\] - 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 Appendix A Î 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.
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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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:
(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) Furnish two (2) copies of the Report and present and review it in person with
Owner.
2.2 Preliminary Design (Schematic) Phase. If Engineer is to provide professional services with
respect to the Project during the Preliminary Design Phase, Engineer shall:
(a) Consult with Owner and determine the general design concept and Project
requirements based upon information furnished by Owner as well as any study or 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 two (2) copies of each above referenced submittal document
to Owner for Owner's use, and shall review same in person with Owner.
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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2.3 Final Design Phase. If Engineer is to provide professional services with respect to the
Project during the Final Design Phase, Engineer shall:
(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 requirements therefor. Such plans and Specifications shall
comply with all applicable building codes and requirements of regulatory agencies having any approval
authority, including but not limited to any requirements of the Federal Aviation Administration. 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 EngineerÓs 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 two (2) copies of each above referenced submittal document
to Owner for Owner's use and shall review same in person with Owner.
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:
(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 Appendix A 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. Two (2) copies of these final bid documents shall be furnished to Owner.
Unless otherwise specified in Appendix A, a copy of all contract documents and drawings shall also be
submitted to Owner in Microsoft Word and AutoCAD (2018 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.
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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(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.
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:
(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 Appendix A -
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.
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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(l) The Engineer shall, if so 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.
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 the 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; and 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,
subcontractors, and consultants in the execution of work under this Agreement, shall provide all necessary
safety equipment for said employees, subcontractors, and consultants and shall hold harmless and indemnify
and defend Owner from any and all claims, suits, loss or injury to Engineer's employees, subcontractors,
and consultants.
(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. Consequently, Engineer represents that Engineer has selected and intends to employ or
assign the key personnel and consultants identified in Appendix C - "Identification of Personnel,
Subcontractors and Task Responsibility," attached hereto for the Project assignments and areas of
responsibility stated therein. Within 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
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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Owner's time table 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 Appendix B - "Fee Schedule".
2.7 Requirements Where Federal Assistance Provided.
(a) Engineer understands that Owner will be funding the Project in part or in whole by grants
or loans from the Department of Transportation, Federal Aviation Administration (the ÐFederal AgencyÑ).
Engineer agrees it is subject to and shall comply with all applicable grant or loan conditions and the
regulations of the Federal Agency which apply to the work under this Agreement, whether referenced in
Appendix A or not. All applicable loan or grant conditions and regulations of the Federal Agency are
incorporated into this Agreement by reference.
(b) Owner shall pay Engineer for work completed in accordance with the terms of this
Agreement. Engineer understands and accepts that Owner is seeking reimbursement for the Project through
applicable Federal loans or grants. Should the applicable Federal Agency indicate that loans or grants shall
not be granted or approved by the Agency, performance under this Agreement shall be placed on hold until
such time as the funds are granted and approved, except that no such extension shall continue past the
expiration of the initial term of the master agreement approved through City of Pueblo Resolution No.
13785. Should Owner determine in its sole discretion that grant or approval of the required funds is
impossible or unlikely, this Agreement shall terminate immediately upon notice from Owner and Owner
shall not be liable for any cost or fee under this Agreement.
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
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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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 Appendix A - 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 $229,426.33 in the aggregate and computed in accordance with this
Section. In the event compensation for services is set forth in Appendix B as to each phase of work indicated
in Section 1.1 of this Agreement, the maximum amount of compensation for any phase shall not exceed the
amount specified in Appendix B for such phase, and together shall not exceed the maximum aggregate set
forth herein.
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 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 Appendix B Î ÐFee Schedule.Ñ
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 Appendix B - "Fee Schedule."
5.5 No compensation shall be paid to Engineer for services required and expenditures incurred
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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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. Term and Termination
6.1 Term. The term of this Agreement begins on the Effective Date and ends on December 31,
2025, unless sooner terminated in accordance with this Agreement. City reserves the right to extend the
term of this Agreement in one-year increments by written acceptance of both parties.
6.2 Fund Appropriation. This agreement 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 Council of Pueblo,
contrary to Article X, §20 of the Colorado Constitution or any other constitutional, statutory or charter debt
limitation. Notwithstanding any other provision of this agreement, with respect to any financial obligation
of City which may arise under this agreement in any fiscal year after the current 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 by or breach of this agreement. The termination
of this Agreement due to lack of funding shall be without penalty to the City.
6.3 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 Owner 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.
6.4 Upon termination of this Agreement for events or reasons not the fault of Engineer,
Engineer shall be paid at the rates specified in Appendix B 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 Owner. In no event shall payment to Engineer upon termination exceed the maximum
compensation provided for complete performance in Section 5.1.
6.5 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, engineers, and subcontractors, or to perform work according to
the highest professional standards, or to perform work in a manner deemed satisfactory by Owner's Project
Representative, then in that event, Engineer's entire right to compensation shall be chosen by Owner and
limited to the lesser of (a) the reasonable value of completed work to Owner or (b) payment at the rates
specified in Appendix B for services satisfactorily performed and reimbursable expenses reasonably
incurred, prior to date of termination.
6.6 Engineer's professional responsibility for its completed work and services shall survive any
termination.
SECTION 7. GENERAL PROVISIONS.
7.1 (a) Ownership of Documents. All designs, Drawings, Specifications, technical data,
and other documents or instruments 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
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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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.
(b) Advertising. Unless specifically approved in advance in writing by Owner,
Engineer shall not include representations of the Project in any advertising or promotional materials, except
for accurate statements contained in resumes or curriculum vitae of EngineerÓs employees. If Engineer
wishes to include representations in advertising or promotional materials, it shall submit a draft of same and
printerÓs 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.
7.2 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 his 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.
(ii) Comprehensive General and Automobile Liability Insurance with limits
not less than One Million Dollars ($1,000,000.00) per person and occurrence for personal injury,
including but not limited to death and bodily injury, One Million Dollars ($1,000,000.00) per
occurrence for property damage, and One Million and No/100 Dollars ($1,000,000.00) for excess
umbrella liability.
(iii) Professional Liability Insurance in amounts and form acceptable to Owner,
and with a deductible not exceeding $50,000.00.
(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, its employees,
subcontractors and consultants. Engineer agrees to hold harmless, defend, and indemnify Owner from and
against any liability to subcontractors and consultants, arising out of negligent acts, errors or omissions of
Engineer and its employees, including claims of nonpayment. Nothing in this Agreement is intended, nor
should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any
third party, or to waive any immunities or limitations conferred under federal or state law, including but not
limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.
7.3 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, Attention: Greg Pedroza, Director of Aviation, Pueblo Memorial Airport,
31201 Bryan Circle, Pueblo, Colorado, or to the Engineer at 3020 East Camelback Road Suite 201 Phoenix,
AZ 85016. Either party may change his 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.
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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7.4 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 Appendix or attachment to this Agreement, the provision in this Agreement shall control
and supersede the conflicting provision in the Appendix or attachment. Any inconsistent resolution provision
in any attachment to this Agreement shall be void.
7.5 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.
7.6 Amendments. No amendment to this Agreement shall be made nor be enforceable unless
made by written Amendment signed by an authorized representative of Engineer and Owner.
7.7 Choice of Law and Venue. This Agreement shall be governed and interpreted in accordance
with the laws of the State of Colorado. Venue for any action arising under this Agreement or for the
enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado.
7.8 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.
7.9 Severability. If any provision of this Agreement, except for Section 2.7, 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 2.7 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.
7.10 Appropriations. Subject to 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.
7.11 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 EngineerÓs actual knowledge or lack of knowledge of such
requirements prior to execution of this Agreement.
7.12 Access to Property Not Under OwnerÓs 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 EngineerÓs employees and consultants shall, at EngineerÓs 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 and agrees that entry to properties not under
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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OwnerÓs 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 Aviation whose written decision shall be final and binding unless judicial review is
sought in a Colorado Court of competent jurisdiction 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. APPENDICES.
9.1 The following Appendices are attached to and made a part of this Agreement:
Appendix A - "Scope of Services" consisting of _5 pages.
Appendix B - "Fee Schedule" consisting of _1_ page.
Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility"
Consisting of _2_ pages.
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. PERA LIABILITY
The Engineer shall reimburse the Owner for the full amount of any employer contribution required
to be paid by the City of Pueblo to the Public EmployeesÓ Retirement Association (ÐPERAÑ) for salary or
other compensation paid to a PERA retiree performing contracted services for Owner under this Agreement.
Engineer has submitted to Owner a completed form listing any PERA retirees employed by Engineer and
shall update said form with Owner at any time a PERA retiree is hired by Engineer.
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the Effective
Date first above written.
CITY OF PUEBLO, A COLORADO MUNICIPAL DIBBLE AND ASSOCIATES
CORPORATION CONSULTING ENGINEERS, INC.
Name:
Kbsfe!Cbtt-!Q/F/
By: By: ____________________
Heather Graham, Mayor Title: _______________
Wjdf!Qsftjefou!.!Hspvq!Mfbefs
Attest:
City Clerk
\[ S E A L \]
BALANCE OF APPROPRIATION EXISTS FOR THIS
CONTRACT AND FUNDS ARE AVAILABLE.
Director of Finance
APPROVED AS TO FORM:
City Attorney
(Agreement for Professional Engineering Services Î CA Revised and Apprd 04/1/2020)
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