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HomeMy WebLinkAbout6894RESOLUTION NO. 6894 A RESOLUTION APPROVING A CONTRACT BETWEEN ISBILL ASSOCIATES, INC. AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, THAT: SECTION 1: A Contract dated February 24, 1992, 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 improve- ments to Pueblo Memorial Airport, which will include, but are not limited to the following items: 1. Construct North Apron Drainage Improvements 2. Construct Parallel Taxiway to Runway 17/35 - Phase I 3. Extend Taxiway "H" Including Lighting 4. Rehabilitate Taxiways "A" and "F" 5. Rehabilitate the General Aviation Apron and Install New Tiedowns 6. Acquire Maintenance /Snow Removal Equipment 7. Remove Underground Fuel Storage Tank 8. Rehabilitate Terminal Area Apron - Phase I 9. Construct Parallel Taxiway to Runway 17/35 - Phase II is hereby approved. SECTION 2: The President of the City Council is hereby authorized to execute said Contract on behalf of Pueblo, A Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED February 24, 1992 BY HOWARD WHITLOCK Councilperson APPROVED: ATTEST: Preside of the City'Council City Clerk IAI No. PUB -0100 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 scope of engineering services as outlined below, hereinafter called the "Project" at Pueblo Memorial Airport. I. The scope of work contemplated under this agreement with regard to the Project is for engineering services for improvements to the Pueblo Memorial Airport. It is anticipated that improvements may include, at the Sponsor's discretion any one or more of the following items: 1. Construct North Apron Drainage Improvements 2. Construct Parallel Taxiway to Runway 17/35 - Phase I 3. Extend Taxiway "H" Including Lighting 4. Rehabilitate Taxiways "A" and "F" 5. Rehabilitate the General Aviation Apron and Install New Tiedowns 6. Acquire Maintenance /Snow Removal Equipment 7. Remove Underground Fuel Storage Tank 8. Rehabilitate Terminal Area Apron - Phase 1 9. Construct Parallel Taxiway to Runway 17/35 - Phase II II. Upon written direction of the Sponsor to do so, the Engineer will perform the following services: PART A - BASIC SERVICES (PRE- APPLICATION AND DESIGN ENGINEERING) 1. As requested, assist the Sponsor in the preparation of the Preapplication. 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, permits and licenses 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. Prepare preliminary plans, specifications, contract documents, and cost estimates for the design, to be approved by the Sponsor and the FAA; Page 1 of 11 5. Provide acceptable Airport Layout Plan, Exhibit I and associated drawings, as required; 6. Prepare and submit final plans, specifications, and contract documents for approval by the Sponsor and the FAA prior to advertising for bids; 7. 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; 8. Prepare or assist in the preparation of the Application for Federal Funds and the Property Map (Exhibit "A "); 9. Coordinate the establishment of bid proposals into schedules to allow flexibility of award to match the funds available; 10. Provide complete sets of approved plans, specifications, and contract documents for the bidding of the project; 11. Arrange for and conduct Pre -bid Conference and job showing; 12. Assist with the bid opening and processing of bid documents, and make recommendations to the Sponsor for award of contract schedules; 13. Perform miscellaneous engineering services as requested by the Sponsor. PART B - SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS/ TOPOGRAPHIC SURVEYS /FIELD ENGINEERING) SOILS AND PAVEMENT INVESTIGATIONS (FOR DESIGN) Perform soils and /or pavement testing and investigation of proposed construction areas as required for design. 2. TOPOGRAPHIC SURVEYS (FOR DESIGN) Perform topographic surveys of proposed construction areas as required for design. 3. FIELD ENGINEERING Arrange for and conduct Pre - Construction Conference. Provide complete resident engineering coordination of the construction work with sufficient qualified inspectors who shall be present during all construction operations, to observe that construction is accomplished in accordance with the plans and specifications approved by the FAA. It is expressly understood that the term "engineering coordination" 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 coordination shall endeavor to guard the Sponsor against defects and deficiencies in the per- manent work constructed by the Contractor, but does not guarantee the Page 2 of 11 performance of the Contractor. 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 so 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 Construction Superintendent as are necessary to protect the Sponsor'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. The Engineer shall provide sufficient surveys and observe and check surveys conducted by the Contractor to assure construction is in accordance with the plans and specifications. The Engineer shall conduct materials tests required by the FAA and /or observe and evaluate all such tests made by the Contractor in the field and in the laboratory as necessary to assure construction is in accordance with the plans and specifications. Copies of all test reports will be furnished to the Sponsor and the FAA. Test results will be available on the day tests are taken. The Engineer shall act as the Sponsor's agent during construction to protect the Sponsor's interest and shall have the authority to recommend to the Sponsor that the construction be stopped if not in accordance with the plans and specifications. The Engineer will furnish the Sponsor and the FAA a weekly construction progress and inspection report. The Engineer shall prepare all addition and deletion change orders and supplemental agreements as required. After acceptance of the Construction Contract, change orders, and /or supplemental agreements by the Contractor, copies will be submitted to the Sponsor and the FAA for approval and signature before proceeding with the work. 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 participation payment requests. The Engineer shall review the submitted weekly contractor's payrolls, check shop drawings and construction submittals; and prepare and maintain necessary records of construction progress. When the project has been completed and is ready for final acceptance, the Engineer shall arrange for inspection 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. Upon acceptance of the project, the Engineer shall prepare the "Record Drawings," including any field surveying required to compute final quantities, and the Construction Engineering Report, and shall provide the Sponsor and the FAA with one (1) set of reproducible "Record Drawings," and one (1) copy of the Construction Report. Page 3 of 11 On completion of the project, the Engineer shall prepare and supply the Sponsor with an Airport Maintenance Program for the improvements constructed under the Project. 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 addition to the services outlined in Article II in Parts A and B, the Sponsor may require additional 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. Inspection of Records - 49 CFR Part 18 - the Engineer shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, papers, and records of the Engineer which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The Engineer shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. Civil Rights Act of 1964, Title VI - 49 CFR Part 21 - during the performance of this contract, the Engineer, for itself, its assignees and successors in interest agrees as follows: a. Compliance with Regulations. The Engineer shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. Nondiscrimination. The Engineer, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. C. Solicitations for Subcontracts, including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a Page 4 of 11 subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports. The Engineer shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance. In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the Sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: (1.) Withholding of payments to the Engineer under the contract until the contractor complies, and /or (2.) Cancellation, termination, or suspension of the contract, in whole or in part. f. Incorporation of Provisions. The Engineer shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. the Engineer shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. 3. All services performed shall be in conformance with any and all applicable laws, rules and regulations including those of the Federal Aviation Administration. 4. Disadvantaged Business Enterprises - 49 CFR Part 23 - It is the policy of the Department of Transportation that disadvantaged 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 under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. Page 5 of 11 The Sponsor and the Engineer agree to ensure that disadvantaged business enterprise as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard the Sponsor or Engineer shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The Sponsor and the Engineer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT - assisted contracts. 5. Airport and Airway Improvement Act of 1982, Section 520 - General Civil Rights Provisions - The Engineer assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds or race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitting from Federal assistance. This provision obligates the Engineer or its transferee for the period during which Federal assistance is extended to the airport for a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extend, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the Engineer from the bid solicitation period through the completion of the contract. 6. Trade Restriction Clause - 49 CFR Part 30 - The Engineer, by submission of an offer and /or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the Engineer knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Page 6 of 11 Further, the Engineer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Engineer may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Engineer shall provide immediate written notice to the Sponsor if the Engineer learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Engineer if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Engineer or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be constructed to require establishment of a system or records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 7. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - 49 CFR Part 29 - The Engineer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Engineer or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation /proposal. 8. Rights to Inventions - 49 CFR Part 18 - All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. Information regarding these rights is available from the FAA and the Sponsor. IV. The Engineer and the Sponsor mutually agree that: 1. This contract shall be binding upon and insure to the benefit of the parties hereto and their respective successors and assigns. Neither the Sponsor nor the Engineer shall assign, sublet, or transfer its interest in this contract without the written consent of the other; Page 7 of 11 2. Termination of contract - 49 CFR Part 18. a. This contract is for a term of three (3) years commencing February _24, 1992 and ending FPhri,ar�z 24, 1 995 and may be terminated earlier as follows: (1.) The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. (2.) If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. (3.) If the termination is due to failure to fulfill the Engineer's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Engineer shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. (4.) If, after notice of termination for failure to fulfill contract obligations, it is determined that the Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. (5.) The rights and remedies of the Sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. b. For clause by either party upon seven (7) days prior written notice. Cause means failure of either party to substantially perform in accordance with this Contract through no fault of the other party and includes but is not limited to the failure to meet specified time limits by either party or inferior or uncompleted work by Engineer. C. Without cause or penalty by the Sponsor at any time upon ten (10) days prior written notice to Engineer. Termination by Sponsor shall not give rise to any claim for damages or other claim or remedy by Engineer either legal, equitable or administrative, except for services performed by Engineer prior to the date of termination. 3. Ownership of Project Documents - 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 ex- Page 8 of 11 ecuted. With the Engineer's prior consent, the Sponsor may use those plans in any manner he wishes, provided the Sponsor agrees to save and hold the Engineer harmless for any liability resulting from such reuse, unless the Engineer's services are engaged in the repeated project or projects. The Sponsor may obtain other project documents including estimates, survey notes and daily construction reports upon request. 4. Breach of Contract Terms, Sanctions - 49 CFR Part 18 - Any violation or breach of the terms of this contract on the part of the Engineer's subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. V. The Sponsor agrees that: 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 completion and approval of the plans and specifications, 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, and rights -of -way required for the project. VI. Fees for services listed under Article II will be negotiated at a later date when the project scope is defined. These fees will be formalized by means of an amendment to this contract. VII. The Engineer agrees to perform said services and work to carry out the provisions of this contract in a professional manner to the satisfaction of the Sponsor. VIII. Liability -Each party- will defond and indemnify an other nartv rom and against liability, damage, loss, costs and expenses, including attorn es, on account of injury or damage to persons or property occurri or occasioned by facilities owned or controlled by such indemni arty, unless such injury or damage resulted from the sole ne a of the other party. In the even negligence is attributable to arties, each party shall be responsible for the resulting damage ri ti table to the negligence of such party whether such proportionate share is arrived at through agreement between the parties or as a IX. Opinion of Construction Cost Page 9 of 11 An opinion of construction cost prepared by the Engineer represents his 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. X. Insurance The Engineer shall procure and maintain at its expense during the effective period of this Contract the following insurance from insurance companies authorized to do business in Colorado covering all operations and services under this Contract whether performed by Engineer or by its subcontractors or agents. 1. Workers' Compensation Insurance in accordance with the provisions of the Colorado Workers' Compensation Act. 2. Public Liability and Property Damage Insurance in amounts not less than $1 million single limit personal injury and property damage with endorsements to include broad form contractual, broad form property damage, auto and non - owned auto. 3. Professional Liability Insurance in amounts not less than $1 million to indemnify and protect Sponsor from all expenses or damages arising out of or resulting from errors or omissions in the plans and specifications prepared by Engineer. The Engineer shall furnish to the Sponsor a certificate or certificates of insurance showing compliance with this paragraph. The certificates shall provide that the insurance shall not be changed or canceled until ten (10) days written notice shall have been given to Sponsor. The Engineer shall immediately notify Sponsor of any substantial change in, or cancellation or non - removal of such insurance. XI. FAA Review This Contract is subject to and contingent upon FAA Review. Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have affixed their signatures this 24th day of February . 1992. SPONSOR: THE CITY OF PUEBLO, COLORADO PUEB - -- COLORADO B - UJ Pre ident - C ty Council ATTEST: y Clerk APPROVED AS TO FORM: By City ttor ey ENGINEER: ISBILL ASSOCIATES, INC. By President Page 11 of 11