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HomeMy WebLinkAbout7851RESOLUTION NO. 7851 A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH POLSON /GALLEGOS /WEIDNER, A JOINT VENTURE, FOR THE PURPOSE OF CONDUCTING A NEEDS ASSESSMENT FOR A PUBLIC SAFETY MUNICIPAL COMPLEX BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, THAT: SECTION 1 The agreement for a needs assessment for a Public Safety Municipal Complex attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver the Agreement For A Needs Assessment in the name of the City with such modifications thereto as the President of the City Council and City Attorney shall approve. SECTION 3 Funds for said needs assessment, not to exceed $40,000, shall be disbursed from account 001 -141 -0020 Professional Services. INTRODUCED April 22 , 1996 BY: Patrick Avalos Councilperson APPROVED: Pres ent of t e Council ATTEST: ' City Cl rk T H E A M E R I C A N I N S T I T U T E n O F A R C H I T E C T S ALA 1)oc 13 -2 Standard Form of Agreement Between Owner and Architect for Special Services 1988 EDITION THIS DOCU.ITE.NT HAS L'11POR7AAY ],[,GAL COASFQL'INCES: CONSULMTIOX W1771 AN ATPORNEY LS F.W'O IKAGED WI771 RESPECT 70 I7.S CO.1 "1PLETION OR aIODIFICA7YON. AGREEMENT made as of the 22nd day of April in the year of Nineteen Hundred and Ninety -six. BETWEEN the OAA'ner: City of Pueblo, Colorado (.flame and address) A Municipal Corporation and the Architect: Polson/Gallegos/Weidner (:A'amc and ad(lress) A Joint Venture N. Kansas City, Missouri Pueblo, Colorado For the following Project: An architectural needs assessment study for a (Im - hide detailed descriptiO 17 of I'M/ CO3 loCali011, address Mul scope.) Public Safety Municipal Complex to include the Police, Municipal Court, and Data Processing Departments The Owner and the Architect agree as set forth below. Copy right 19 -?, [9 J19H 3 he The American Institute o Architects. 1 -35 Nev, Fork Avenue, N\N', Vashingto1) 1)C. 20006. Reproduction of the material herein or suhstantial (ILIMIIioII of its prov isions vv ithout - ,erincn permis, ion of the AI violates the Col)} right lass of the lhited States ',III CI NviII be .Subject to legal prosecution. AIA DOCUMENT B727 • OWNFR aRCHI I LC -1 AGREEMENT • 1988 t DH ION • 1I A`" • i19S8 • l'Hl? A,A1HRIC:AN INS'I'ITI' "I C OF ARCIII I h.C"I ti 1?35 NLW YORK AA FNE'li N W., \X'ASI111GTOA, D.C. 30000 B727 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Scope of Services Architectural Needs Assessment Study Pueblo, Colorado, Public Safety Municipal Complex The study goal is to determine, in detail, the facility needs of the Pueblo Police, Municipal Court, and Data Processing functions. (This Scope is tentative, subject to changes resulting from discussions with Pueblo project representatives.) BASIC STUDY SERVICES: A. Study the routine Police, Municipal Court, and Data Processing operations as required to understand optimal department functions. B. To help assure solution longevity, forecast the total number of personnel for the adequacy year (usually 20 years future). Projections shall be developed by applying the City's accepted percentage population increase to the personnel counts. C. Develop the list of optimal functional elements. (List includes each distinct, space- requiring activity.) D. Estimate the detailed space needs, including parking, for present functions and for functions in the adequacy year. (Present year functions are a half -step, allowing more accurate adequacy year projections.) E. Determine the optimal internal adjacencies and record by diagram. (The diagram will show the rooms that, for functional reasons, should be near to or adjacent one another.) F. Estimate the new facilities construction cost. G. Develop a schematic site use plan showing the Municipal Complex elements that meet adequacy year needs on the proposed site. H. Develop a written report documenting the study process and conclusions. Copyright 1996 Poison /Gallegos/Weldner 2A/2AS I. Meet with key Police, Court, and Data Processing managers in initial on -site information gathering work sessions. SPECIALIST SITE VISIT #1 J. Submit a draft copy of the 95% complete report for review and follow up meetings with the architect. SPECIALIST SITE VISIT #2 K. Produce and ship 20 copies of the final printed report. L. Personally present the final results to the City Council. SPECIALIST SITE VISIT #3 Copyright 1996 Poison /Gallegos/Weldner 2B /2AB TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project, The Owner shall furnish required information as expeditiously as necessary for the orderly progress of the Work, and the Architect shall be criti- tled to relv on the accuracy and completeness thereof. 2.2 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render deci- sions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS 3.1 The documents prepared by the Architect for th Proj- ect are instruments of the Architect's service for us. solely with respect to this Project and, unless otherwise rovided, the Architect shall he deemed the author of these ocuments and shall retain all common law, statutory and of er reserved rights, including the copyright. The Owner sh; l be permit- ted to retain copies, including reproducible,Lopies, of the Architect's documents for the Owner's inforn ation, reference and use in connection with the Project. The Architect's docu- ments shall not be used by the Owner or o ers on other pi ects, for additions to this Project or for completion of this Project by others, unless the Architect./, adjudged to be in default under this Agreement, except I agreement in writing and with appropriate cornpensatiorYto the Architect. ARTI ARBIT 4.1 Claims, disputes or other Paitcrs in question between the parties to this Ngreement out of or relating to this Agreement or hreach ther of shall he subject to and decided by arbitra n tio in accords ice with the Construction Industry Arbitration Rules of theAnerican Arhitration Association cur- rently in effect unless/thc parties mutually agree otherwise 4.2 A demand for a titration shall be made within a rca,on- ablc time after the ,aim, dispute or other matter in question has arisen. in no �ecnt .shall the demand for arbitration he made after the d to when institution of legal or equitable pro ceedings based /m such (laim, dispute or other matter in ques [toll would h ° barred by the applicablc statutes of limitations. 4.3 No arl) x tion arising out of or relating to this agreement shall inch[ ic, by consolidation. joinder or in any other man- ner, an a clitional person or entity not a party to this Agree- ment, °rcpt by written consent containing .t specific refer- e enc t this Agreement signed by the Owner, Architect and any the, person or entity :,ought to be joincol. Consent to arb ration involving an additional person or rntity sha11 not c� 1stitute con,cnt to arbitration of any claim, dispute or other matter in question not described in the written consent r with a person or entity not named or described therein. e foregoing.iigrcernent to arbitrate and other agreements to rbi- trate with an additional person or entity duly consen ed to by the parties to this Agreement shall be specifically e force- able in accordance with applicable law in any cour having jurisdiction thereof. 4.4 The award rendered by the arbitrator or arhi rators shall be final, and judgment may be entered upon it i accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 TERMINATION OR SUS 5.1 This Agreement may be terminat�by either party upon not less than seven days written notic should the other party fail substantially to perform in accoi lance with the terms of this Agreement through no fault < the party initiating the termination. 5.2 if the Owner fails to make ' aymem when due the Archi- tect for services and expenses, ne Architect may, upon seven days' written notice to the O �ncr suspend performance of services under this Agreen cm. t'nless payment in full is received I) the Architect w thin seven days of the date of the notice, the suspension shy take etfect without further notice. in the event of a susper pion of services, the Ar hitect shall have no liability to th ° Owner for delay or damage caused the Owner because c such suspension of services. 5.3 In the event of rinination not the fault of the Architect. the Architect shall -)e compensated for services performed prior to tcrminat �n, together with Reimbuts[hlc Expenses then duc and all ' ermination Expenses as defined in Paragraph S.-i. 5.4 lcrmina on Expenses shall be computed as a percentage of the cons erisation earned to the time of termination, ors follows: EE )r sery ices provided on the bads of :I multiple of j)irect Personnel Expense, 20 percent of the total Direct Personnel Expcn,c incurred to the time of ter- mination; and For services provided on the basis of a stipulated sutra, 10 percent of the stipulated sum earned to the tinic of termination. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 Vrikas otherwise provided, this Agreement shall he gov- erned by the law of the principal place of husine,s of the Architect. 6.2 Causes of action hetwcen the p;uJies to this Agrccnlctu pertaining to acts or failures to act shall br deemed to hay +_ accrued and the applicable statute (of' 11111itatiums .shall crnn- nlcnco to run not later than dtc (LIW payment is due the A[Chl- tcct pursuant to Paragraph S. j. AIA DOCUMENT B727 • ovv',FR - W( 1111 EGI u,ReitMntN 1 • u:as rt)I ricix • A1:v' • 198,S • 1111, 1N1F1fl C.AN IN,'�'r[rt I I UP AR('1lrl'P. C "I - S, I NP.\k YORK AA F`0 It. NAC.. AAA - 1()A, 111. _0000 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 8727 -1988 3 6.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 6.4 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by writ- ten instrument signed by both Owner and Architect. 6.5 Nothing contained in this Agreement shall create a con- tractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 6,6 Unless otherwise provided in this Agreement, the Archi- tect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. tect and Architect's employees and consultants in the interest of the Project for: .1 expense of transportation and living expenses in con- nection with out -of -town travel authorized by the Owner; .2 long - distance communications; .3 fees paid for securing approval of authorities hav- ing jurisdiction over the Project; .4 reproductions; .5 postage and handling of documents; .6 expense of overtime work requiring higher than regular rates, if authorized by the Owner; .7 renderings and models requested by the Owner; .8 expense of additional coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; and .9 Expense of computer -aided design and drafting equipment time when used in connection with the Project. 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES ARTICLE 7 PAYMENTS TO THE ARCHITECT 7.1 DIRECT PERSONNEL EXPENSE 7.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. 7.2 REIMBURSABLE EXPENSES 7.2.1 Reimbursable Expenses are in addition to the Architect's compensation and include expenses incurred by the Archi- 7,3.1 Payments on account of the Architect's services and for Reimbursable Expenses shall be made monthly upon presen- tation of the Architect's statement of services rendered or as otherwise provided in this Agreement. 7.3.2 An initial payment as set forth in Paragraph 8.1 is the minimum payment under this Agreement. 7.4 ARCHITECT'S ACCOUNTING RECORDS 7.4.1 Records of Reimbursable Expenses and expenses per- taining to services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 8.1 AN INITIAL PAYMENT OF two thousand Dollars ($ 2, 000.00 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify the services to wbicb particular metbods of compensation apply, if necessary.) For Basic Services: The Stipulated Sum of $37,000.00 (plus Reimbursable Expenses)(The Compensation plus Reimbursable Expenses shall not exceed $40,000.00.) AIA DOCUMENT B727 • 0U'NI'R- ARCI1111.G1 AGRPFSIFNT • 1988 IS1)1'1 ION • %I 1'' • I'>88 • I IIF 4 8727-1988 - AVF.R1(.AN INtiI' III "IF OF,ANC1 I VI'PS�FS, I j� NIAV lORK AA`I' I,T NNk.. lk ;1SI 11.N(r ION. M, .10000 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable Ex- penses, a multiple of One and 1 /10 ( 1 . 10 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 8.4 Payments are due and payable thirty 3 0 p Of ( )days from the ate o he Architect's invoice. Amounts unpaid thirty ( 30 ) days after ther�iptdate shall bear interest A at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) Overdue invoice amounts shall accrue interest at the rate of 8% per annum. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit taws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Speaj:c legal advice should he obtained with respect to deletions or modifications, and also regarding other requirements such as written disclosures or waivers) 8,5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS 9.1 The Architect shall complete all services, with the exception of the final presentation, within 70 calendar days of the City Council's approval of the Agreement. (April 22 to July 1 = 70 days) 9.2 This Agreement shall be governed by the law of the state of Colorado. 9.3 The City shall provide the Architect with approved Pueblo populations for: 1) 1996, and 2) the projected adequacy year. (To be used in forecasting personnel so that space requirements for the adequacy year may be developed. See "B" page 2A.) This information shall be provided within 11 calendar days of the City Council's approval of the Agreement. (April 22 to May 3 = 11 days) 9.4 The City may terminate this Agreement upon 5 days written notice to the Architect. If such termination is not the fault of the Architect, the Architect shall be entitled to fees and expenses incurred to date of termination based upon the Architect's normal and customary charges. 9.5 The Architect shall perform all services in a competent and professional manner and shall obtain insurance in an amount not less that $250,000. covering claims arising out of the performance of professional services under the Agreement and caused by the errors, omissions or negligent acts for which the Architect is liable. 9.6 All drawings, documents, and supporting data prepared by the Architect in connection with the Project shall be the property of the City and delivered to The City upon termination or completion of this Agreement. 9.7 If litigation arises out of this Agreement, the court shall award to the prevailing parry its costs, including reasonable attorney fees. This Agreement entered into as of the day and year first written above. OWNER J (Signatu ) zy B. Kastelic Pres ident of the Council RAC IITECT Polson Architects 7 (Printed name and title) Gallegos / Architects I I CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT B727 • OvRNERAR( nrn,t i AcRLES1FN1 • 1988 FD1I ION • AIA • '1988 . rIIF' AMERICA% iNS'l I'1 I 'IT OF ARCHI't EC.TS. Imo» NF\k YORK ;AVENVII:, NW \C_4Sl ILNC ION, DG 20006 B �27_1988 WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.