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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/05/2000 - RESOLUTION 2000-112 AUTHORIZING THE CITY MANAGER T AGENDA ITEM SUMMARY ITEM NUMBER: 34 FORT COLLINS CITY COUNCIL DATE: September 5, 2000 STAFF: Frank Bruno SUBJECT: Resolution 2000-112 Authorizing the City Manager to Execute an Agreement with CH2M Hill,Inc. for Professional Aviation-Related Engineering and Design Services at the Fort Collins-Loveland Municipal Airport. RECOMMENDATION: Staff recommends adoption of the Resolution. FINANCIAL IMPACT: The fees charged by CH2M Hill for professional services rendered to the airport may be reimbursed by the Federal Aviation Administration (FAA). Fees for engineering and design services are generally 20% of the total project cost and are negotiated and paid on a project-by-project basis. Fees must be within federally prescribed parameters and are subject to independent analysis to ensure that they are in proper proportion to the total project cost. EXECUTIVE SUMMARY: The Federal Aviation Administration (FAA)advises airports receiving federal funding to retain the services of an aviation-oriented engineering firm for grant projects identified in the Airport's Capital Improvement Plan. The vendor selection process and evaluation criteria are specified by the FAA. The FAA further recommends that the contract with the engineering consultant be for five years. In 1994, the Airport contracted with Isbill Associates, Inc. of Aurora, CO, for professional engineering and design services. In March of 2000,the Airport requested proposals from qualified firms interested in providing engineering services to the Airport. Five firms responded: CH2M Hill, Inc. of Denver, CO, Knight Piesold and Co. of Denver, CO, Armstrong Consultants, Inc. of Grand 3 Junction,CO,URS Greiner Woodard Clyde of Colorado Springs,CO,and Raytheon Infrastructure, Isbill Division of Englewood, CO. On April 25, 2000, the firms were interviewed by a selection committee comprised of municipal employees from Fort Collins and Loveland familiar with the Airport's needs and professional procurement procedures. The committee,following established municipal and FAA guidelines and criteria, selected CH2M Hill, Inc., based upon the firm's experience and superior proposal and recommends that a five-year contract be executed. r, • RESOLUTION 2000-112 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CH2M HILL FOR AVIATION-RELATED ENGINEERING AND DESIGN SERVICES AT THE FORT COLLINS/LOVELAND MUNICIPAL AIRPORT WHEREAS, the Cities of Fort Collins and Loveland (the "Cities")jointly own and operate the Fort Collins-Loveland Municipal Airport ( the "Airport"); and WHEREAS, the Cities have adopted an Airport Operating and Development Policy and Twenty-Year Capital Improvement Plan in order to effectively plan and design Airport infrastructure needs; and WHEREAS, the Intergovernmental Agreement for the joint operation of the Airport provides that "policy issues," including Airport agreements which require execution by both City Managers, as well as "facility management," are vested jointly and equally in both Cities; and WHEREAS, the Federal Aviation Administration ( the "FAA") advises airports receiving federal funds for airport capital improvements to retain the services of a qualified aviation-oriented engineering firm in order to design and prepare specifications for required improvement projects; and • WHEREAS, the Airport requested, received, and reviewed competitive proposals and interviewed qualified vendors for the provision of engineering and design services pursuant to the procurement procedures of the Cities and the FAA; and WHEREAS, as a result of this review and interview process, the Airport desires to retain the engineering and design services of CH2M HILL of Denver, Colorado for Airport related improvement projects pursuant to the terms and conditions of the attached Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO as follows: Section 1. That the City Manager be, and hereby is, authorized to enter into the Agreement with CH2M HILL attached hereto and incorporated herein as Exhibit "A", for the provision of engineering and design services at the Fort Collins/Loveland Airport; and Section 2. That the City Manager be, and hereby is, authorized to enter into amendments to the above-referenced Agreement, subject to the appropriation of funds for such amendments by the City Council. • Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of September, A.D. 2000. Mayor ATTEST: City Clerk EXHIBIT "A" AGREEMENT THIS AGREEMENT,made and entered into this day of 2000,by and between the CITIES OF LOVELAND, COLORADO, and FORT COLLINS, COLORADO, hereinafter collectively referred to as (the"Cities"), and CH2M HILL, Inc., hereinafter referred to as ("Engineer"), WITNESSETH: Whereas, the Cities desire to retain the services of the Engineer to perform engineering services at the Fort Collins/Loveland Municipal Airport as set forth in this Agreement, hereinafter referred to as the Project, and Whereas, the Intergovernmental Agreement between the Cities,dated May 16, 2000, shall govern the relationship between the Cities with regard to cost sharing and indemnification. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Independent Contractor. The Cities hereby retain the Engineer for the Project, to perform the services on the terms and conditions specified herein and the Engineer agrees so to serve. The parties agree that the Engineer shall be an independent contractor and shall not be an • employee of the Cities. The Engineer, as an independent contractor, is not entitled to workers' compensation benefits and unemployment benefits,and the Engineer is obligated to pay federal and state income tax on any moneys earned pursuant to the contract relationship. 2. Scope of Services. The Scope of Services is attached hereto as Exhibit A and made a part of this Agreement. Engineer agrees to perform the work described in the Scope of Services in compliance with all provisions of this Agreement. Engineer represents that it has the requisite authority and capacity to perform all terms and conditions on Engineer's part to be performed hereunder.The Cities reserve the right to omit any of the tasks identified in the Scope of Services, upon notice to Engineer. The Cities reserve the right to initiate additional procurement action with other engineers or professionals for any tasks identified in the Scope of Services. 3. Term of Agreement. The work will begin and be completed in accordance with the Scope of Services. The term of this Agreement shall be five (5) years, subject to annual appropriation of funds, unless sooner terminated pursuant to paragraph sixteen (16), below. 4. Payment for Services. Cities agree to pay Engineer for services rendered pursuant to this Agreement as set forth in the Scope of Services, as adjusted to reflect the omission or addition of any of the tasks set forth therein. In addition to the foregoing services, the Cities 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. Any change in the Scope of Services or delays (including completion of the work in more than one project) by 1 the Cities, resulting in extra expense to the Engineer,shall be considered beyond the normal scope of this Agreement. 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 Agreement prior to the Engineer's commencement of the work. Agreement amendments shall not be effective until executed by both City Managers and the Engineer. Pursuant to resolutions adopted by each City, the City Managers of each City are authorized to enter into the Agreement amendments,provided that each City has appropriated funds to meet the financial obligations of each project which is the subject of the Agreement amendment. Payment shall be made to Engineer for services performed under this Agreement upon billing by the Engineer, which billing shall occur not more frequently than monthly, and which shall identify the tasks performed and the percentage of completion of each task. 5. Appropriation of Funds Required. The parties agree and acknowledge that this Agreement does not constitute a multiple-fiscal year debt or financial obligation of the Cities based upon the Cities' ability to terminate this Agreement pursuant to paragraph sixteen (16), below. Engineer'acknowledges that the Cities have made no promise to continue to budget funds beyond the current fiscal year and that the Cities have and will pledge adequate cash reserves on-a fiscal year by fiscal year basis. 6. Evaluation of Progress. The Cities reserve the right to monitor and evaluate the progress and performance of the Engineer to ensure that the terms of this Agreement are being satisfactorily met in accordance with the Cities and other applicable monitoring and evaluating criteria and standards. Engineer shall cooperate with Cities relating to such monitoring and evaluation. 7. Insurance Requirements. a. Comprehensive General Liability. The Engineer shall procure and keep in force during the duration of this Agreement a policy of Comprehensive General Liability insurance insuring the Engineer and naming the Cities as an additional insured against any liability for personal injury, bodily injury, or death arising out of the performance of services hereunder and against liability for property damage with a combined single limit of at least$1,000,000.The limits of said insurance shall not, however, be a limit to the liability of the Engineer hereunder. b. Comprehensive Automobile Liability. The Engineer shall procure and keep in force during the duration of this Agreement a policy of Comprehensive Automobile Liability insurance insuring the Engineer and naming the Cities as an additional insured against any liability for personal injury, bodily injury, or death arising from the use of motor vehicles and shall cover operations on or off the site of all vehicles controlled by the Engineer whether they are owned, non-owned, or hired, with a combined single limit of at least $1,000,000. The limits of said insurance shall not, however, be a limit to the liability of the Engineer hereunder. 2 • C. Professional Liability Insurance. The Engineer shall procure and keep in force during the term of this Agreement errors and omissions professional liability insurance insuring the Engineer against any professional liability with a limit of at least$1,000,000 per claim and annual aggregate. The limits of said insurance shall not,however,be a limit to the liability of the Engineer hereunder. d. Terms of Insurance. Insurance required shall be with companies qualified to do business in the State of Colorado with a general policyholder's financial rating of not less than "A" as set forth in the most current edition of "Best's Insurance Reports" and may provide for deductible amounts as the Engineer may deem to be reasonable for the project, but in no event greater than$20,000.No such policies shall be cancelable except after thirty (30)days prior written notice to the Cities.The Engineer shall not do nor permit to be done anything which shall invalidate the insurance policies referred to in this section and Engineer shall immediately advise the Cities in writing if a reduction in coverage or other information modification of the insurance coverage occurs.Policies described in(a)and(b)above shall be for the mutual and joint benefit and protection of the Engineer and the Cities. Such policies shall contain a provision that the Cities, although named as an additional insured,shall nevertheless be entitled to recovery under said policies for any loss occasioned to either of them, their servants, agents, citizens, and employees by reason of negligence of the Engineer. Such policies shall be written as primary policies not in excess of coverage which the Cities may carry. e. Other Insurance. The Engineer shall procure and keep in force during the term . of this Agreement Workers'Compensation and such other insurance as may be required by any law, ordinance or governmental regulation. f. Certificates of Insurance.Prior to commencement of work,the Engineer shall furnish to the Cities certificates of insurance policies evidencing the required coverages. Such certificates shall provide that cancellation of the policies in such insurance shall not be effective until thirty (30) days after written notice thereof to the Cities. The Engineer shall identify whether the type of coverage is "occurrence"or "claims made." If the type of coverage is"claims made"which at renewal Engineer changes to"occurrence," Engineer shall carry a six-month tail. The engineer agrees to insert the substance of these insurance requirements in all subcontracts. Furthermore, the Cities will hold Engineer responsible in the event the subcontractor fails to have adequate insurance. The Cities reserve the right to approve variations in the above requirements upon request of Engineer if, in the Cities' opinion, such variations do not substantially affect the Cities' interests. • 3 g. Construction Contractor(s)Insurance Requirements.The Cities shall require construction contractor(s)to name the Cities and Engineer as additional insureds on the contractor's general liability insurance policy. Cities agree to include the following clause in all contracts with construction contractors,and equipment or materials suppliers: "Contractors, subcontractors, and equipment and material suppliers on the Project, or their sureties, shall maintain no direct action against Engineer, Engineer'sofficers,employees,affiliated corporations,and subcontractors for any claim arising out of,in connection with,or resulting from the engineering services performed. The Cities will be the only beneficiary of any undertaking by Engineer." 8. Compliance With Grant Program Requirements. Engineer hereby agrees to and acknowledges the following: a. The Cities,the Federal Aviation Administration,and the Comptroller 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. b. The Engineer has formulated,adopted,and actively maintains an affirmative action plan in compliance with Executive Order No.11246 entitled, "Equal Employment Opportunity."The Engineer does not discriminate on the basis of race,color,religion,creed,national origin, sex, or age. Goals and targets are specified in the affirmative action plan to assure its implementation. C. All services performed shall be in conformance with all applicable rules and regulations of the Federal Aviation Administration. d. It is the policy of the Department of Transportation(DOT)that Disadvantaged Business Enterprises ("DBE") 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 DBE requirements of 49 CFR 23 apply to this Agreement. The Engineer shall agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity 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 accordance with 49 CFR Part 23 to ensure that Disadvantaged Business Enterprises 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. 4 9. Binding Effect.The Cities and the Engineereach binds itself,its partners, successors, assigns, and legal representatives to the other party to this Agreement and the partners,successors, assigns and legal representatives of such other party in respect of all covenants of this Agreement. Neither the Cities nor the Engineer shall assign,sublet,or transfer its interest in this contract without the written consent of the other. 10. Plans and Specifications. The original plans and specifications shall remain the property of the Engineer; however, the Cities will be provided one (1) set of specifications and reproducible plans whether or not the project is executed. The Cities may use those plans in any manner they wish, provided the Cities agree, to the extent permitted by law, to save and hold the Engineer harmless for any liability resulting from reuse,unless the Engineer's services are engaged in the repeated project or projects. 11. Unanticipated Underground Conditions.In soils,foundation,groundwater,and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total project cost and/ or execution. These conditions and cost and/or execution effects are not the responsibility of the Engineer. 12. Technical Data.The Cities shall make available to the Engineer all technical data that is in the Cities' possession including maps, surveys, property descriptions, borings, and other information required by the Engineer and relating to its work. 13. Plan Ag ru oval.The Cities agree 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. 14. Publishing Costs.The Cities 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. 15. Indemnification.The Engineer hereby covenants and agrees to indemnify, save and hold the Cities harmless from any and all liability, loss, costs, charges, obligations, expenses, attorneys fees,litigation,judgments, damages,claims and demands of any kind whatsoever arising from or out of any alleged negligent act or omission or other tortious conduct of the Engineer, its agents or employees, in the performance of its obligations under this Agreement. The Engineer is not obligated to indemnify the Cities in any manner whatsoever for the Cities' own negligence. 16. Termination. This Agreement may be terminated as follows: . 5 a. Without cause by either the Cities or the Engineer upon sixty (60) days written notice to the other party. In the event of termination by the Cities pursuant to this subparagraph,Cities shall be liable to pay to Engineer fees for services and expenses incurred to date of termination. b. By either the Cities or the Engineer upon seven(7)days written notice should either party fail to substantially perform in accordance with its terms through no fault of the other party. Reasons for which this Agreement may be terminated for failure to substantially perform include,but are not limited to(i)lack of diligence by either party,(ii)inability to meet specified time constraints by either party, (iii) inferior or uncompleted work by the Engineer or(iv)failure of the Cities to provide civil, structural, mechanical or other details of systems existing at the site. C. By the Engineerbecause of circumstances beyond the control of the Engineer including, but are not limited to, (i) lack of funding for the Project by the Cities, or (ii) policy decisions by the Cities to abandon or postpone the Project indefinitely. In the event of termination by the Engineer pursuant to this subparagraph, Cities shall be liable to pay to Engineer fees for services and expenses incurred to date of termination. 17. Engineer's Ouality Assurance.The Engineer agrees to perform said services and work to carry out the provisions of this Agreement in a good and workmanlike manner consistent with that degree of care and skill ordinarily exercised by Engineers in Colorado. An opinion of construction cost prepared by the Engineer represents its judgment as an Engineer, and is supplied for the Cities' 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 Cities. IN WITNESS THEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF LOVELAND, COLORADO By: City Manager APPROVED AS TO FORM: City Attorney 6 • CITY OF FORT COLLINS, COLORADO By: APPROVED AS TO FORM: City Manager City Attorney C112M HILL, INC. By: President APPROVED AS TO FORM: Vice President • 7 • EXHIBIT A SCOPE OF SERVICES I. The scope of work contemplated under this Agreement with regard to the Project is for engineering services for improvements to Fort Collins-Loveland Municipal Airport. Said improvements will include, but are not limited to, the following items: 1. Rehabilitate general aviation ramp 2. Rehabilitate taxiway A, between AI-A2 and A4-A5 •3. Construct maintenance/snow removal equipment building 4. Renovate/expand terminal building 5. Develop/rehabilitate T-hangars and corporate hangars 6. Grade runway 15 object free area and place power lines underground 7. Relocate fuel farm 8. Construct perimeter fence 9. Rehabilitate Runway 6/24 10. Stormwater Master Plan II. The Engineer's services rendered for the above described scope of work will be according to the following schedule: A. PART A - BASIC SERVICES (PRE-APPLICATION AND DESIGN /ENGINEERING) 1. As requested, assist the Cities in the preparation of the Pre-application. Prepare the Program Sketch,Program Narrative,and Engineer's Estimate and assist the Cities 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; • 8 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 Cities and the FAA; 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 Cities 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 Cities 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 the 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 Cities for award of contract schedules; 13. Perform miscellaneous engineering services as requested by airport management. B. PART B -SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS /TOPOGRAPHIC SURVEYS /FIELD ENGINEERING) 1. SOILS AND PAVEMENT INVESTIGATION (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. 9 • 3. FIELD ENGINEERING: Arrange for and conduct Pre-Construction Conference. Provide complete resident engineering coordination of the construction work with sufficient qualified Engineers and field personnel who shall be present during all construction operations, to observe that construction is accomplished in accordance with the plans and specifications. It is expressly understood that the tern "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 including but not limited to ways or means of construction or job site safety. Cities agree to include in all construction contracts the provision noted above and provisions providing contractor indemnification of Cities and Engineer for Contractor'snegligence.The Engineer,in carrying out its responsibilities for engineering coordination shall endeavor to guard the Cities against defects and deficiencies in the permanent work constructed by the Contractor, but does not guarantee the performance of the Contractor.The above disclaimers do not in any way abrogate the responsibility of the Engineer as agent for the Cities 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'sConstruction Superintendent as are necessary to protect the Cities' interests to the same extent as would the . Cities themselves, if they 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 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 in accordance with the plans and specifications. Copies of all test reports will be furnished to the Cities and the FAA. Test results will be available on the day tests are taken. 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 Cities 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 Cities for concurrence and submittal to FAA for Federal participation payment requests. • 10 The Engineer shall review the submitted weekly contractor'spayrolls,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 Cities, the Contractor, and the Engineer, following which the final estimate for the work will be considered by the Cities. 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 Cities and the FAA with one(1)set of reproducible"Record Drawings,"and one(1) copy of the Construction Report. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location,type of various components, or exact manner in which the Project was finally constructed. Engineer is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. On completion of the project, the Engineer shall prepare and supply the Cities with an Airport Maintenance Program for the improvements constructed under the Project. III. Fees for Services. Fees for services listed under Article II will be negotiated at a later date when each project scope is defined. The fee negotiation process shall be based on an independent cost analysis as described in paragraphs 2-6 f. and 2-12 b.,c.,and d.of Federal Aviation Administration Advisory Circular No. 150/5100-14C. These fees and detailed project scope will be formalized by means of an amendment to this Agreement. The obligations of each party hereunder are contingent upon subsequent mutual agreement defining the individual project scope and fees.Agreement amendments shall not be effective until executed by both City Managers and the Engineer. Pursuant to resolutions of the City Councils, the City Manager of each City is authorized to enter into the Agreement amendments providing each City has appropriated funds to meet the financial obligations of each project which is the subject of the Agreement amendment. I1