HomeMy WebLinkAbout2000-112-09/05/2000-AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CH2M HILL FOR AVIATION-RELATED ENGINEERING 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.
ayor
ATTEST:
LI hL L
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
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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 Pro ress. 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.
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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 maybe 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.
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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.
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9. Binding Effect.The Cities and the Engineer each 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 Approval.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. Publishiniz 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:
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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 terns 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 Engineer because 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
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CITY OF FORT COLLINS, COLORADO
By:
City Manager
APPROVED AS TO FORM:
City Attorney
C112M HILL, INC.
By:
President
APPROVED AS TO FORM:
Vice President
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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;
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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.
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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 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 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.
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