HomeMy WebLinkAbout7793RESOLUTION NO. 7793
A RESOLUTION APPROVING THE PROPOSAL
FOR PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES AND ENGAGING
HURTIG, GARDNER AND FROELICH
ARCHITECTS INC. FOR THE DOWNTOWN
PUEBLO TRANSIT CENTER
WHEREAS, proposals for professional architectural and engineering services
for the Downtown Transit Center have been received and examinend; and
WHEREAS, the proposal submitted by Hurtig, Gardner and Froelich
Architects, Inc., of Pueblo, Colorado was determined by the selection committee to
be the most responsive; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The proposal dated November 17,1995 and approved scope of work submitted
by Hurtig, Gardner and Froelich Architects, Inc. of Pueblo, Colorado, copies of
which are in the office of the Department of Transportation, concerning the design,
preparation of construction drawings and documents and construction management
for the downtown transit center is hereby approved subject to contract language
approval by the City Attorney's office.
SECTION 2.
The estimated cost of this proposal is $110,390 and shall not exceed this
amount.
SECTION 3.
Funds are available from the Federal Transit Administration Grant Number
CO -90 -X089.
Introduced: December 27 , 1995
By: Charles Jones
ATTEST:
W.0 � W-- K W - WM�A
APPROVED:
CL
President of City Council
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
THIS AGREEMENT made and entered this 25 day of January , 19 96 by and
between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Hurtig, Gardner
& Froelich Architects, Inc., a professional architectural and design firm (hereinafter "Architect ")
for Architect to render certain professional architectural and related services for Owner in
connection with construction of a Downtown Transit Center, 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 Architect shall satisfactorily perform professional architectural services for all phases
of Project indicated below by mark placed in the appropriate box or boxes:
[ ] - Study and Report Phase
[x] - Preliminary Design (Schematic) Phase
[x] - Final Design Phase including preparation of Bid Documents
[x] - Construction Phase
Upon completion of any phase, Architect 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 architectural consultation and
advice and the furnishing (directly or through professional consultant subcontractors) of customary
and usual civil, structural, mechanical and electrical engineering services. Architect shall also
(directly or through subcontractors) provide any architectural, landscape architectural, soil
investigations and surveying services incident to its work on the Project.
1.2 In performing the professional services, Architect shall complete the work items
described generally in SCHEDULE 1 - Scope of Services and the items identified in Section 2 of
this Agreement which are applicable to each phase for which Architect is to render professional
services.
1.3 Funding Source Reauir ements
(a) Architect understands that Owner is funding Architect's services and the
Project with federal financial assistance provided through the U.S. Department of Transportation
( "DOT "), pursuant to a grant agreement dated September 27, 1995 , and applicable federal
regulations. Architect agrees that Architect's performance under this Agreement is subject to, and
Architect shall comply with, all applicable provisions of said grant agreement and all regulations
and requirements made applicable to the Project by virtue of same.
(b) Architect shall comply with all Federal, State, and local laws applicable to
its activities, including but not limited to: 49 CFR Part 18, "Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments;" OMB Circular A -87, "Cost Principles for State and Local
Governments;' 49 CFR Part 90, "Audits of State and Local Governments ;" 49 CFR Part 29, "Governmentwide Debarment
and Suspension (Nonprocurement) and Governmentwide Requirements for Drug Free Workplace (Grants);" 49 CFR Part
20, "New Restrictions on Lobbying;" and the Department of Transportation regulations concerning nondiscrimination
in federally assisted programs, 49 CFR Part 21.
(c) All records with respect to any matters covered by this Agreement shall be
available for inspection by Owner, the U.S. Department of Transportation , and the Inspector
General of same, at any time during normal business hours and as often as Owner, the Department
or such Inspector General deems necessary, to audit, examine and make excerpts or transcripts of
relevant information, and otherwise to perform its official functions or duties.
(d) In the preparation of all design documents, including all plans, specifications,
technical criteria and bid documents, Architect shall include all applicable requirements set forth
in the said grant agreement, federal law or applicable DOT regulation. To the extent practicable,
Architect shall integrate all such requirements with Owner's standard forms of agreement so as to
avoid unresolved conflict or ambiguity.
1.4 Architectural services shall be performed under the direction and supervision of an
architect duly licensed and authorized by law to conduct a practice of architecture in the state of
Colorado. All reproductions of drawings 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 licensed architect.
1.5 Professional engineering services shall be performed under the direction and
supervision of a registered Professional Engineer in good standing and duly licensed to practice in
the State of Colorado.
1.6 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.
SECTION 2. Architect SERVICES
2.1 Study Report Phase If Architect is to provide professional services with respect to
the Project during the Study and Report Phase, Architect shall:
(a) Consult with Owner to determine his requirements for the Project and review
available data.
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(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
Architect's findings and recommendations with opinions of probable costs.
(g) Furnish 6 copies of the Report and present and review it in person
with Owner.
2.2 PreliminaU Design(Schematic) Phase If Architect is to provide professional
services with respect to the Project during the Preliminary Design Phase, Architect 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 Report on the
Proj ect.
(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 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.
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(f) Architect shall furnish six (6) copies of each above referenced submittal
document to Owner for Owner's use, and shall review same in person with Owner.
2.3 Final Design and Bidding Phase If Architect is to provide professional services with
respect to the Project during the Final Design Phase, Architect 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 requirement therefor. Such plans and Specifications
shall comply with all applicable building codes and requirements of regulatory agencies having any
approval authority.
(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 design risks inherent in or presented by design choices.
(d) Based upon Architect's 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) 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, Architect 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.
(f) After review and comment by Owner, prepare and submit final forms of
contract agreement, general and special conditions, 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. 1 2 copies of these
final bid documents shall be furnished to Owner.
(g) 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.
(h) Attend a pre -bid conference with bidders to discuss Project requirements and
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receive requests for clarification, if any, to be answered by Architect in writing to all plan holders.
(i) 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 Architect's advice.
2.4 Construction Phase If Architect 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, Architect shall:
(a) Perform all duties and functions to be performed by Architect 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 SCHEDULE 1 - Scope of Services concerning the level of observation shall
determine Architect'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 Architect'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
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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.
0) 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.
(1) The Architect shall, if and to the extent 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 Architect 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 Architect 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 Architect's interpretation or decision, file his written objections thereto with the
Architect and Contractor.
2.5 Additional Responsibilities This paragraph applies to all phases of Architect's work.
(a) Architect shall be responsible for the professional quality, technical accuracy,
timely completion and coordination of all of Architect's work, including that performed by
Architect's consultants and subcontractors, and including designs, Drawings, Specifications, reports
and other services, irrespective of Owner's approval or acquiescence in same. Architect shall,
without additional compensation, correct or revise any errors, omissions or other deficiencies in his
work.
(b) Architect shall be responsible, in accordance with applicable law, to Owner
for all loss or damage to Owner caused by Architect's negligent act or omission; except that
Architect 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, whether
now existing or hereafter enacted.
(c) Architect's professional responsibility shall comply with the standard of care
applicable to the type of architectural and other services provided, commensurate with the size,
scope and nature of the Project.
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(d) Architect shall be completely responsible for the safety of Architect's
employees in the execution of work under this Agreement, shall provide all necessary safety
equipment for said employees, and shall hold harmless and indemnify and defend Owner from any
and all claims, suits, loss or injury to Architect's employees.
(e) Architect acknowledges that, due to the nature of architectural 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 Architect assigns principal responsibility for services
performed under this Agreement. Consequently, Architect represents that Architect has selected
and intends to employ or assign the key personnel and consultants identified in Paragraph B-4 of
Schedule 2 , attached hereto for the Project assignments and areas of responsibility stated therein
and will identify in writing to owner all other key personnel and consultants it intends to employ
within 10 days of execution of this Agreement. Within 10 days of receipt of such identification,
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 Architect will employ alternate
personnel for such function or reassign such responsibility to another to whom Owner has no
reasonable objection. Thereafter, Architect shall not assign or reassign Project work to any person
to whom Owner has reasonable objection.
Within 5 days of execution of this Agreement, Architect shall designate in writing a Project
representative who shall have complete authority to bind Architect, and to whom Owner should
address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization
from Owner to proceed, Architect shall submit to Owner for approval a schedule showing the order
in which Architect 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 Owner's time table for achievement of interim tasks and final completion
of Project work, provided however, the Architect will not be responsible for delays beyond his
control.
(g) Before undertaking any work which Architect considers beyond or in addition
to the scope of work and services which Architect has contractually agreed to perform under the
terms of this Agreement, Architect shall advise Owner in writing (i) that Architect considers the
work beyond the scope of this Agreement, (ii) the reasons the Architect believes the out of scope
or additional work should be performed, and (iii) a reasonable estimate of the cost of such work.
Architect 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 Architect shall be compensated for
his direct costs and professional time at the rates set forth in- Schedule 2.
SECTION 3 OWNER'S RESPONSIBILITIES
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3.1 Owner shall:
(a) Designate a representative to whom all communications from Architect 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 Architect 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 Architect 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 Architect to have access to enter private and public
property as required for Architect to perform his services.
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals
and other documents presented by Architect, and render written decisions pertaining thereto within
a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental
architectural work or materials furnished hereunder shall not in any way relieve the Architect 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 Architect, obtain required
approvals and permits for the Project. The Architect shall provide all supportive documents and
exhibits necessary for obtaining said approvals and permits.
(g) Notify Architect whenever Owner becomes aware of any substantial
development or occurrence which materially affects the scope or timing of Architect'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 14 days shall be presumed reasonable for any decision not involving
policy decision or significant financial impact. A period of 46 days shall be presumed reasonable
for Owner to act with respect to any matter involving policy or significant financial impact. The
above periods of presumed reasonableness shall be extended where information reasonably required
by Architect is not within the custody or control of Owner but must be procured from others.
SECTION 4, TRyIE FOR PERFORMANCE
Architect's obligation to render services shall continue for such period of time as may
reasonably be required for completion of the work contemplated in SCHEDULE 1 - Scope of
Services and Section 1 of this Agreement.
SECTION 5. PAYMENT
5.1 Owner will pay to Architect as full compensation for all services required to be
performed by Architect under this Agreement, except for services for additional work or work
beyond the scope of this Agreement, a fee in an amount not to exceed $ 110,390.00 itemized as
provided in SCHEDULE 2 and computed in accordance with this Section. The not to exceed fee
includes all work to be performed by Architect's subcontractors and consultants and certain
reimbursable expenses, identified in SCHEDULE 2.
5.2 Architect shall submit periodic, but not more frequently than monthly, applications
for payment, aggregating to not more than the fee, for actual professional services rendered, and for
reimbursable expenses incurred. Such applications shall be submitted with appropriate
documentation that such services have been performed and expenses incurred. Thereafter, Owner
shall pay Architect for the amount of the application within 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 lump sum fee for any phase of the work, or such amount of
the fee as has been identified to any major task, unless the Architect's services on the Project with
respect to such phase or task, for which this Agreement is applicable, have been completed to
Owner's satisfaction and all Architect submittals required therefor 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 SCHEDULE 2.
5.4 No separate or additional payment shall be made for profit or overhead. No separate
or additional payment shall be made for telephone expenses, lodging, routine photocopying,
computer time, secretarial or clerical time or other expenses unless specifically identified as a
reimbursable expense item in SCHEDULE 2 and made subject to any limitations set forth in
paragraph 5.1 above.
5.5 No compensation shall be paid to Architect for senlices required and expenditures
incurred in correcting Architect's mistakes or negligence.
5.6 Compensation for authorized work beyond the scope of this Agreement shall be
governed by Paragraph 2.5(g).
SECTION 6. TERMINATION
6.1 The Owner reserves the right to terminate this Agreement and Architect's
performance hereunder, at any time upon written notice, either for cause or for convenience. Upon
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such termination, Architect shall cease all work and stop incurring expenses, and shall promptly
deliver to the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries
and all other information, and materials as Architect may have accumulated in performing this
Agreement, together with all finished work and work in progress.
6.2 Upon termination of this Agreement for events or reasons not the fault of Architect,
Architect shall be paid at the rates specified in SCHEDULE 2 for all services rendered and
reasonable costs incurred to date of termination; together with any reasonable costs incurred within
10 days of termination provided such latter costs could not be avoided or were incurred in mitigating
loss or expenses to Owner or Architect. In no event shall payment to Architect upon termination
exceed the maximum fee and authorized reimbursable expenses provided for complete performance
in paragraph 5.1 and SCHEDULE 2.
6.3 In the event termination of this Agreement or Architect's services is for breach of this
Agreement by Architect, or for other fault of Architect including but not limited to any failure to
timely proceed with work, or to pay its employees, subcontractors or consultants, or to perform
services with that level of care and skill ordinarily exercised by professional Architects specializing
in the design of parking facilities, or to perform work in a manner deemed satisfactory by Owner's
Director of Public Works, then in that event, Architect's entire right to compensation shall be limited
to the reasonable value of completed work to the Owner as determined by Owner's Director of
Public Works for services satisfactorily performed and reimbursable expenses reasonably incurred,
prior to date of termination.
6.4 Architect's professional responsibility for his completed work and services shall
survive any termination.
SECTION 7. GENERAL PROVISIONS
7.1 Ownership of Documents All designs, Drawings, Specifications, technical data, and
other documents or instruments procured or produced by the Architect 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 Architect agrees 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. In the event Owner uses the designs, Drawings or
Specifications provided hereunder for another project independent from Project, without adaptation
by Architect, Owner shall hold harmless and indemnify Architect from all loss, claims, injury and
judgments arising from the use of such designs, Drawings or Specifications for such other project.
7.2 Insurance and Indemnity
(a) Architect agrees that he has procured and will maintain during the term of this
Agreement, such insurance as will protect him from claims under workers' compensation acts,
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claims for damages because of bodily injury including personal injury, sickness or disease or death
of any of his 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 Architect 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 Four Hundred Thousand and No /100 Dollars ($400,000.00) per person
and occurrence for personal injury, including but not limited to death and bodily injury, Four
Hundred Thousand and No /100 Dollars ($400,000.00) 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, and with a
deductible, acceptable to Owner.
(c) Architect 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 Architect,
his employees, subcontractors and consultants.
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 Architect 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: Donald J. Saling, Department of
Transportation, 350 S. Elizabeth, Pueblo, Colorado, or to the Architect at Hurtig, Gardner &
Froelich Architects, Inc., Attention: Mr.Jim Gardner, 429 W. 10th Street, Pueblo, Colorado, 81003.
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.
7.4 Entire Agreement This instrument contains the entire agreement between the Owner
and the Architect respecting the Project, and any other written or oral agreement or representation
respecting the Project or the duties of either the Owner or the Architect in relation thereto not
expressly set forth in this instrument is null and 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 Architect may be assigned by him without the written consent of the Owner.
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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 Architect and by
Owner's Director of Transportation.
7.7 Choice of Law This Agreement shall be governed and interpreted in accordance
with the laws of the State of Colorado.
7.8 Equal Employment Opportunity In connection with the performance of this
Agreement, Architect shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, disability or age. Architect shall endeavor to
insure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, national origin, disability or age.
7.9 Severability If any provision of this Agreement 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.
7.10 Appropriations Subject to execution of this Agreement by 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 Architect shall confirm
availability of funds before proceeding with work exceeding initial and subsequent annual
appropriations.
7.11 Required Approvals This Agreement shall not be effective until approved by
Owner's City Council, execution by the parties' representatives and approval by DOT.
SECTION 8. DISPUTES
8.1 Any dispute or disagreement between Architect and Owner arising from or relating
to this Agreement or Architect's services or right to payment hereunder shall be determined and
decided by the Owner's Director of Public Works 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, Architect 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:
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SCHEDULE 1- "Scope of Work" consisting of 16 pages.
SCHEDULE 2- "Cost/Pricing Information" consisting of 2 pages.
SCHEDULE 3 - "Implementation Schedule"
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of
the day and year first above written.
CITY OF PUEBLO
Architect:
Hurtig, Gardner & Froelich Architects, Inc.
By
Preside of the City ouncil
Attest:
City Clerlb
[SEAL
B
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
Director of Vinance
APPROVED AS TO FORM:
City Attorn
CACONTRFMSIENGR- CfR.WPD -13-
SCHEDULE 1
SCHEDULE 1
DOWNTOWN PUEBLO TRANSIT CENTER
SCOPE OF WORK
The City of Pueblo is seeking a qualified Consultant team to provide professional design
services, assist in public participation processes, complete drawings, obtain agency approvals
and provide bid specifications to construct a transit center in the vicinity of 2nd Street and
Court Street in downtown Pueblo, Colorado. Construction administration/inspection
services will be required of the Consultant during the construction phase.
PROJECT GOALS
The primary goal of public transit service is to provide a high quality, secure transportation
system that is accessible to the greatest number of people. This facility should enhance the
efficiency and effectiveness of the transit system through the fulfillment of the following
goals:
• Provide the connections that transit patrons need to access
destinations in the downtown area and to transfer between bus
routes;
• Incorporate strong urban design principles to link the project to
the context of the downtown environment;
• Responsiveness to the Pueblo climate through the use of
intelligent site design, building typology and landscape features;
and
• The use of innovative features to reflect current alternative
energy technology and information systems.
This project requires that the Consultant be creative and innovative in the approach to
design and problem solving. It should be noted that this Scope of Work is general in
nature and Consultants are encouraged to suggest modifications.
PROTECT DESCRIPTION
The proposed project is the design and construction of a new, off - street transit transfer
facility in downtown Pueblo. As shown in Figure I, the site is located in the central
business district and is within several blocks of the municipal offices, senior center, arts
center, El Pueblo Museum, municipal ice area and several redevelopment areas including
the existing Union Avenue Historic District, the proposed Historic Arkansas River Project
(HARP) and the proposed hotel/conference center.
This site is zoned S -1 for governmental use and S -4 for parking lots and structures which
is compatible with the proposed use of the site for a transit transfer facility. Adjacent uses
include the municipal ice skating rink to the south, a municipal parking lot to the north,
currently in the bid stage for a ground floor plus one level parking structure, and privately -
owned commercial and industrial properties to the west and east. The site is bounded by
two major arterials, two -way Grand Avenue on the west and one -way southbound Court
Street on the east. These major roadway facilities serve the central business district and
the downtown area of Pueblo. Court Street and Grand Avenue also serve as the major
routes for the buses to access the existing transfer point. These streets will provide access
to the proposed transit transfer center facility.
ISSUES AND CONSIDERATIONS
There are a number of issues to be considered. Throughout the design process which will
be critical to the construction and successful operation of the facility.
As shown in the site layout, the transit transfer center will be comprised of the on- and off -
street bus spaces, an enclosed climate- controlled building to provide passenger services and
waiting, and outdoor covered waiting areas and walks between buses. The proposed transit
center can accommodate the current 10 buses for the transit routes, running 30- minute
headway. This design also provides the opportunity to expand operations to accommodate
up to 14 buses. As shown in Figure 2, buses traveling south on Court Street use the two
bus berths on the west side of Court Street or enter the transit center at either the north
(2nd Street) or south entrance. The primary access is the north entrance. Buses traveling
on Grand Avenue will enter the transit center at the north (2nd Street) entrance.
The north entrance (2nd Street) is sufficiently wide to accommodate travel in each direction
as well as bus loading and staging, however, currently 2nd Street is one -way eastbound. The
south entrance from Court Street is one -way westbound with bus berths only on the north
and one through lane for buses and service vehicles for the municipal ice arena. Exits from
the transit center are only on the north at Second Street. At the Second and Court Streets
exit, buses turn right to proceed southbound only because Court Street is one -way. At the
Second Street and Grand Avenue exit, buses may turn either left or right to proceed north
or south on Grand Avenue. Drop - off/pick -up for taxi, airport limousine services, circulator
bus or Citi -Lift service can be accommodated in unoccupied bus berths on Court Street or
within the transit center site. The various functional elements of the transit center and the
approximate size of the areas are presented in Table I.
All features of the transit center will be accessible per the Americans with Disabilities Act
(ADA) of 1990. Brick and glass may be used in the design of the transit center building
to integrate its appearance with adjacent buildings. Streetscape elements such as pedestrian
lighting, railings, benches, trash receptacles, and landscaping will be consistent with design
standards identified for the adjacent downtown redevelopment projects.
Although not a part of the transit center project, elements of adjacent proposed projects
will be considered. This information provides a context for the transit center within the
City's overall redevelopment plans for this area of Pueblo. Proposed projects include the
redevelopment of First Street as Beckwourth Plaza, the enhancement of Grand Avenue as
a tree -lined boulevard leading to City Hall, and the development of the surface parking
area to the north as a 504 car parking garage.
The proposed transit center project area as shown in Figure 2 is approximately 55,000
square feet in size. This site is currently owned by the City of Pueblo. Consequently, no
land acquisition costs are anticipated for this project.
Downtown Transit Center Site
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Art Center
Future Transit Center Site
Ice Arena
Existing Transfer Point
Hotel/Conference Center
(proposed)
El Pueblo Museum
Senior Center
City Hall
FIGURE 1
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TABLE I
TRANSIT CENTER ELEMENTS
Transit Center Building
Physical Space Requirement
Waiting Area for 50 Passengers 4,930 square feet
Tickets/Information 200 square feet
Public Restrooms 410 square feet
Driver Restroom 40 square feet
Storage/Maintenance Area 675 square feet
TOTAL INDOOR SPACE 6,255 square feet
Outdoor Elements
Covered Outdoor Waiting Area 7,920 square feet
Sidewalks 7,572 square feet
Passenger Pedestrian Shelter 3,400 square feet
Vehicle Operations Elements
On -Site Bus Bays accommodate 12 buses
Off -Site Court Street Bus Bays accommodate 2 buses
Other issues for consideration include the following:
• Artistic design should be incorporated from the overall concept for the facility to
specific details and finishes. However, art should be expressed as a design and
functional element of the facility, not as a stand alone object.
• Provide for the convenience and safety of arriving and departing patrons whether
their mode of travel is walking, biking, or by bus.
• Passenger security must be an important part of the development of all site
components.
• Establish convenient and safe traffic access and circulation patterns, within the area
and how circulation affects the area.
• The landscaping design shall show expected summer and winter shade areas, low
maintenance and compatibility with transit buses and transit passengers.
• The Consultant will create site amenities which are attractive, responsive to the
downtown Pueblo environment, inexpensive to maintain/operate and with
consideration for security throughout the facility to encourage its use. Site amenities
at a minimum may include the following:
• Passenger information and ticketing center
• Schedule racks and kiosk route map area
• Ticket dispenser
• Passenger waiting and loading areas
• Bus boarding berths
• Operator and public restrooms
• Public telephones and drinking fountains
• Signage for vehicles, bus passengers, pedestrians and the general public
• Pedestrian type lighting
• Landscape areas
• Area lighting
• Public Address System
• Area for ATM machine, soda machine, change machine
• Security surveillance monitor
• Clock
• Particular attention should be paid to bus access, circulation and bus to
transit/passenger operations. A minimum if 12 off - street and 2 on- street bus berths
is desired.
• Establish sensitive design compatibility with adjacent properties and the downtown
in general.
• Project the magnitude and duration of construction impacts. Recommend ways to
minimize community disruption without unreasonably increasing construction costs.
Present different options for the City to consider when bidding the project.
PROTECT DELIVERABLES/REQUIREMENTS
The project team will include City of Pueblo staff and Consultants project manager that will
review progress at key decision points. The Transit Advisory Board for the Pueblo
Transportation Company, PTC staff and key downtown group representatives may be
included throughout the process. A minimum of two public meetings will be held to review
the design documents, in addition to meetings to update downtown groups and City
Council.
Concept Design Submittals
Consultants will be required to review, analyze and evaluate recently completed transit
center conceptual design products that have been completed for the project. This includes
but is not limited to the analysis of cost estimates, bus circulation patterns, pedestrian flow
patterns and environmental work. Consultant will also be asked to review and verify site
survey products completed by the City of Pueblo, Public Works Department.
Preliminary Design Submittals
• Based upon the approved plan further develop the project design and make
appropriate modifications as approved by the City. Prepare for review and comment,
drawings, color elevation of the project and other documents consistent with design
development phase.
• Criteria for a ranking system should be developed in collaboration with the City that
aids in making design versus cost decisions. Initial development costs, and/or
maintenance and operating should be included as part of the decision making
process.
• Value engineering comparisons will be conducted for all phases of the project.
• Provide a preliminary cost estimate in sufficient detail to show the project is within
budget and must also include preliminary operating cost estimates. The submittal
must include the drainage report. Work is to be at a sufficient degree to describe
the project as to civil, architectural, landscape architecture, structural, functional,
mechanical and electrical systems, materials, and other elements. The submittal
must show all site improvements and components.
• Produce color presentation boards that show site improvements, design components,
landscaping architectural finishes, scale and elevation of the project.
Final Design/Bidding Phase Submittal
• Based upon the approved preliminary design, the Consultant will prepare the final
plans, specifications and documents necessary to bid and construct the facility.
• After the City and other appropriate agencies review and approval is given, the
Consultant will finalize the drawings and comments in preparation of the
construction bidding process. The work will include the preparation of technical
specifications and special requirements for the project. Provide a final detailed cost
estimate.
• Prior to the final design submittal, the Consultant shall perform an interdisciplinary
design coordination review to verify adequacy of space and to ensure consistency of
dimensions and completeness of work.
• Prepare and submit to the City 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, consultant shall consider and incorporate, to the extent both advisable
and feasible, the City 's standard forms of agreement, warranty, payment and
performance bonds, general conditions and selected specifications.
• After review and comment by the city, prepare and submit final forms of contract
agreement, general and special conditions, 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. One original reproducible copy and 12 useable copies of these final bid
documents shall be furnished to the City.
• Make recommendations to the City concerning the need for prequalification of
equipment, vendors or bidders, and, if requested by the City, incorporate
prequa lifi cation requirements in final bid and construction contact documents.
• Attend a pre -bid conference with bidders to discuss project requirements and receive
requests for clarification, if any, to be answered by consultant in writing to all plan
holders.
• Consult with and make recommendations to the City 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 the City may reasonably request consultants advice.
Construction Phase
The Consultant shall provide technical support and consultation up to and including the
award of construction contracts. Construction administration/observation services will be
required of the Consultant during the construction phase. This shall include the following:
• Visit the project site, perform observations as to the progress and quality of the work
and advise the City 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 Scope of Services concerning the level of observation
shall determine consultant's obligation concerning level of observation.
o Make determinations as to whether the work is proceeding in accordance and
compliance with the construction contract documents.
o Promptly advise the City in writing of any omissions, substitutions, defects or
deficiencies noted in the work of any contractor, subcontractor, supplier or vendor
on the project.
• Reject any work on the project that does not conform to the contract documents.
• On request of the City, the construction contractor or any subcontractor on the
project, issue written interpretations as to the drawings and specifications and
requirements of the construction work.
e Review shop drawings, samples, product data and other submittals of the contractor
for conformance with the design concept of project and compliance with drawings,
specifications and other contract documents, and indicate to contractor and the City
with respect thereto, any exceptions noted, or modification or resubmittals required.
• Review all applications of contractor for payment and in connection with same, issue
certificates for payment to the City for such amounts as are properly payable under
the terms of the construction contract. Each such certificate shall constitute
consultant representation to the City that he has visited and reviewed 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.
• Subject to written concurrence by the City, promptly render a written
recommendation to the City concerning all proposed substitutions of material and
equipment.
• Draft, for City's consideration, and offer recommendations upon, all proposed change
orders and contract modifications.
• On application for final payment by the Contractor, make a final inspection of the
project, assembling and delivering to the City any written guaranties, instruction
manuals, record drawings based on information provided by the contractor, diagrams
and charts required by the contract documents, and issuing a certificate of final
completion of the project.
• The consultant shall, if and to the extent 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 City and contractor, the consultant 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
consultant shall be final and binding on the contractor and City, unless the Director
of Transportation of the City shall, within seven calendar days after receipt of the
consultant's interpretation or decision, file his written objections thereto with the
consultant and contractor. Consultant shall not be liable for results of interpretations
or decisions so rendered in good faith.
Project Schedule
The downtown transit center is expected to open for operation on January 1, 1997. As part
of the Consultant contract, a detailed project schedule through design and construction will
be updated monthly with notations of events impacting the project schedule.
General Requirements
Notwithstanding other issues or requirements set forth herein, the Consultant shall be
responsible for the design of a transit center which is in the best interest of the City of
Pueblo Department of Transportation, commuters, pedestrians and the community.
While a number of issues are identified herein, it is the Consultant's responsibility to
identify and resolve those issues and/or problems that may impact the facility's optimum
design and/or use. The City of Pueblo is highly committed to value engineering.
Project Management
The Consultant will work at the direction of the City of Pueblo, Department of
Transportation Project Manager to ensure timely completion of design activities,
intergovernmental coordination and reviews. Other project management responsibilities
shall include, but are not necessarily limited to, the following:
• Progress Reports
The Consultant will be responsible for documenting work progress, all meetings,
decisions affecting design solutions, and project schedules. Monthly work progress
reports shall include work completed for invoicing substantiation purposes, a brief
summary of work to be done in the next 30 day period and a current project
schedule showing and explaining any deviation from the approved project timetable.
• Progress Meetings
The Consultant is expected to meet, on an as- needed basis to review progress on the
project.
• Coordination with Affected Agencies and Utilities
The Consultant will be responsible for coordinating all phases of the work with staff
from local agencies and utility companies, and shall document meetings and
conversations. Such documentation (handwritten is acceptable) shall be forwarded
to the Project Manager.
• At a minimum, coordination with affected agencies will include determining all
applicable building code and design requirements, including ADA and others, for
receiving project approvals and permits.
Competitiveness in Design
• In the performance of this work, the Consultant shall, to the extent practicable,
provide for maximum use of materials, products, construction methods, structures,
machines and equipment wl are readily available through competitive
procurement, or through standard or proven production methods.
• The Consultant shall not produce a design or specification which requires the use of
sole source unless the Consultant has, to the satisfaction of the City, justified the use
of a sole source in writing.
• The resulting project design shall not be restrictive or written in such a manner as
to contain proprietary, exclusionary, or discriminatory requirements other than those
based upon performance, unless such requirements are necessary to test or
demonstrate a specific thing, or to provide for necessary interchangeability of parts
and equipment. When one or more brand names or trade name of comparable
quality or utility are listed, they must be followed by "or approved equal." If the
Consultant desires to specify a single material, it must be substantiated in writing and
receive City approval.
• The Consultant must disclose to the City and departures from the requirements
described herein.
Communication and Relationships
• It is the role and responsibility of the Consultant to establish and maintain effective
cooperative work relationships, and deal tactfully with, City, public agencies,
potentially affected interests, property owners, the general public, elected officials
and staff from other agencies.
• The Consultant shall clearly communicate project goals, technical findings and design
solutions to a variety of audiences when directed by the City.
• For selected public involvement, the Consultant must be able and willing to prepare
architectural/planning type renderings of the project that communicate the scale and
features of the project, and how the project relates to its environment as directed by
the City.
Plans, Specifications and Estimate Preparation
The Consultant shall prepare complete plans, specifications and cost estimates which will
result in a complete construction package for the city. The construction plans and
documents will conform to the requirements of all applicable local, state and national codes
and standards in their latest applicable edition, amendment and revision. The project
design must comply with the Americans with Disabilities Act.
Facility Maintenance and Operations
The Consultant will be responsible for an estimate of facility maintenance and operations
costs based upon the approved design and selected materials, finishes, furnishings,
landscaping, and site improvements. The yearly plan will cover a five year period. Also
and 10 year summary will highlight major maintenance items.
Insurance Requirements
The Consultant shall secure and maintain during the life of this contract, insurance
coverage on an occurrence basis to.include Worker's Compensation, Employer's Liability,
General Liability (including Contractual Liability coverage) and Automobile Liability. The
General Liability shall be no less than $1,000,000. The minimum amounts of coverage for
the Consultant's Professional Liability shall be $1,000,000 per claim, on a claims -made basis,
with an annual aggregate of no less than $1,000.000.
SCHEDULE 2
SCHEDULE 2
COST /PRICING INFORMATION
Downtown Transit Center
B.1. ESTIMATED LABOR HOURS &
ACTUAL LABOR RATE BY DISCIPLINE
Discipline
Est. Labor Hrs.
Actual Labor Rate
Totals
Principal Architect
935
$54.53/Hr.
$50,985.55
Project Architect
0
$47.42/Hr.
$0.00
Staff Architect
0
$40.13 /Hr.
$0.00
Interior Designer
30
$35.92/Hr.
$1,077.60
Draftsperson
370
$29.18/Hr.
$10,796.60
Clerical
105
$14.57/Hr.
$1,529.85
SUBTOTAL
1440
$64,389.60
B.2. OVERHEAD & PROFIT RATE
Overhead rate = 25 % x $64,390 = $16,000.00
Profit rate = 10% x (64390 + 16000) = 8.000.00
SUBTOTAL OH & P $24,000.00
B.3. DIRECT COSTS
a) Reproduction: (Only charge for Bid Documents Project Manuals and Plans in excess of 30 sets)
Plans: Big Sheets - $1.25 /sheet over 30 sets
Project Manuals:.07 /page over 30 sets
Mileage: None (included in Basic Fee contract amount)
Phone, Meals, Sketches, Renderings: None (included in Basic Fee contract amount)
b) Consultants (Estimated)
Civil /Structural $ 13,000.00
HVAC /Plumbing $ 4,000.00
Electrical $ 3,000.00
Specialty (security, traffic, graphic site) $ 2.000.00
SUBTOTAL $ 22,000.00
B.4. PROPOSED SUBCONTRACTOR INFORMATION
Consultants have been selected on the basis of experience in successfully completing project needs
matched to their past experience and fit with the current project team.
Abel Engineering - Civil & Structural
Kohnert Engineering - Electrical
Systems Engineering - Mechanical
Security and Traffic as necessary
B.S. TOTAL ESTIMATED CONTRACT AMOUNT (Basic Fee)
The total estimated Contract Amount (Basic Fee) for architectural services as described on RFQ
pages 10 through 18 for the proposed scope of work and deliverables is $110,390.
C.I. BANKS & FINANCIAL INSTITUTIONS
WITH WHOM HGF CONDUCTS BUSINESS
Pueblo Bank & Trust Dain Bosworth
5th & Main 601 N. Main
Pueblo, Colorado Pueblo, Colorado
Decibel Credit Union
300 W. 5th Street
Pueblo, Colorado
C.2. LETTER OF CREDIT COMMITMENTS
Not Applicable
SCHEDULE 3
SCHEDULE 3
IMPLEMENTATION PROJECT MILESTONE SCHEDULE
DOWNTOWN TRANSIT CENTER PROJECT
Estimated
Milestone Description Completion Date
Request for Qualifications
Architectural & Engineering
Services Nov. 03, 1995
Contract Awarded for
Architectural & Engineering
Services Dec. 11, 1995
Preliminary Design
(Schematic Design) Feb. 19, 1996
Design Development Mar. 19, 1996
Final Design Jun. 20, 1996
Construction Bidding Aug. 15, 1996
Construction Sep. 05, 1996
Transit Center Grand Opening Mar. 05, 1997
Actual
Completion Date
Nov. 03, 1995
Dec. 27, 1995
Contract Complete Apr. 05, 1997
ATTACHMENTS
ATTACHMENT A
CERTIFICATION REGARDING
INELIGIBLE CONTRACTOR LIST
ATTACHMENT A
CERTIFICATION REGARDING INELIGIBLE
CONTRACTOR'S LISTS
The cr- , H\Co A C C N. \ ec�a ,Zrc�
hereby certifies that it IS NOT included on the U.S. Comptroller
General's Consolidated List of persons or firms currently debarred for
violations of various public contracts incorporating Labor Standards
Provisions.
Signatu
Name:
Title: ?2&j"urL6' 02r I6UG
Date: 2 S l �IL
ATTACHMENT B
TITLE 'VI ASSURANCE
ATTACHMENT B
TITLE VI ASSURANCE
During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "Contractor ") agrees as follows:
1) Compliance with Regulations: The contractor shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the City of Pueblo
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.
2) Nondiscrimination: The contractor, 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 contractor 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.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment:
In all solicitations either by competitive bidding or negotiation made by the
contractor for work to be performed under a subcontract, including procurements
for materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the contractor of the contractor's obligations under this contract the
Regulations relative to nondiscrimination on the grounds of race, color, or national
origin.
4) Information and Reports: The contractor 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 City or the Federal Transit Administration to be
pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information the Contractor shall so certify
to the City, or the Federal Transit Administration as appropriate, and shall set forth
what efforts it has made to obtain the information.
Title VI Assurance -- Continued
5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with
nondiscrimination provisions of this contract, the City shall impose contract sanctions
as it or the Federal Transit Administration may determine to be appropriate,
including, but not limited to:
a) withholding of payments to the contractor under the contract until the
contractor complies; and /or
b) cancellation, termination, or suspension of the contract, in whole or in part.
6) Incorporation of Provisions: The contractor shall include the provisions of
paragraphs (1) through (6) in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the Regulations, or directives issue
pursuant thereto. The contractor shall take such action with respect to any
subcontract or procurement as the City or the Federal Transit Administration may
direct as a means of enforced such provisions including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such
direction, the Contractor may request the City to enter into such litigation to protect
the interests of the City, and, in addition, the contractor may request the United
States to enter into such litigations to protect the interests of the United States.
Company
presentative
Date
ATTACHMENT C
CERTIFICATION REGARDING
DEBARMENT AND SUSPENSION
ATTACHMENT C
CERTIFICATION OF PRIMARY PARTICIPANT
REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
The /1J 4f aM I Or, certifies to the best of its knowledge and belief,
that it an its principles:
1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
2) Have not within a three year period preceding this proposal been convicted of or had
a civil judgement rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property.
3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (2) of this certification; and
4) Have not within a three year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE
AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRAC7), _
, CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY
OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION
AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEO. ARE
APPLICABLE THERETO.
g and Title of Authorized Official
The undersi ned chief legal counsel for the (�G F)~ 0-44 1Ti.d lS TN'4 hereby certifies
that the fJ,,-F Ayd h I C"(S T A/0 - has authority under State and Local Law to
comply with the subject assurances and that the certification above has been legally made.
Signature of plican s Attorney
I- 30�
Date
ATTACHMENT D
CERTIFICATION OF DISCLOSURE OF
FEDERAL LOBBYING ACTIVITIES
ATTACHMENT D
CONTRACTOR CERTIFICATION OF DISCLOSURE OF
FEDERAL LOBBYING ACTIVITIES
This is to certify that to the best of my knowledge and belief, the following is accurate,
complete, and current as of 2/ 5/ G (n
Date
1) "No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any federal contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement."
2) "If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions." (a copy of this form is available upon request.)
3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all. tiers including subcontractors,
subgrants, and contracts under grants, loans, and cooperative agreements and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction unposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Company
presentative
ATTACHMENT E
CERTIFICATION AND DISCLOSURE
REGARDING PAYMENTS TO
INFLUENCE FEDERAL TRANSACTIONS
ATTACHMENT E
CERTIFICATION AND DISCLOSURE
REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS
The offeror, by signing its offer, hereby certifies to the best of his or her knowledge
and belief that:
1) No federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee
of Congress, or an employee of a Member of Congress on his or her
behalf in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement;
2) If any funds other than Federal appropriated funds (including profit or
fee received under a covered Federal transaction) have been paid, or
will be paid, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress on his
or her behalf in connection with this solicitation, the offeror shall
complete and submit, with its offer, OMB standard form LLL,
Disclosure of Lobbying Activities, to the Contracting Officer; and,
3) He or she will include the language of this certification in all
subcontract awards at any tier and require that all recipients of
subcontract award in excess of $100,000 shall certify and disclose
accordingly.
Name of Firm
. //VAS 1,4 C , CS 2'
Name and Title of Officer of Firm
ture of Officer of Firm Date