HomeMy WebLinkAbout8329RESOLUTION NO. 8329
A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL
ARCHITECTURAL SERVICES BETWEEN PUEBLO, A MUNICIPAL
CORPORATION, AND HGF ARCHITECTS, INC., RELATING TO THE
EL PUEBLO PROJECT AND AUTHORIZING THE PRESIDENT OF
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SECTION 1
An agreement dated January 26, 1998, between the City of Pueblo, a Municipal
Corporation, and HGF Architects, Inc., of which a copy is attached hereto and on file at the office
of the City Clerk, having been approved as to form by the City Attorney, is hereby approved.
SECTION 2
The President of the City Council is hereby authorized to execute and deliver said
Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the Seal of the City thereto and attest same.
SECTION 3
Funds not to exceed $60,000 for said professional services shall be paid from account
No. 007 - 1998- 869 - 000 - 040 -0020.
SECTION 4
This resolution shall become effective upon final passage.
INTRODUCED: JANUARY 26. 1998
BY: Corinne Koehler
COUNCIL PERSON
APPROVED:
P ESID NT CITY COUNCIL
ATTEST:
ITY CLERK
Council Aqenda
A RESOLUTION APPROVING AWAGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND HGF ARCHITECTS, INC., RELATING TO THE EL
PUEBLO PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME.
Title Agenda Item #
Department:
PLANNING
Date: JANUARY 26,1998
ISSUE Should the City Council approve an Agreement for professional architectural
services to HGF Architects, Inc., relating to the El Pueblo Project
BACKGROUND The architectural team of HGF Architects, Inc. was selected by City
Council through a request for qualifications procurment -based process.
Utilizing the 1996 El Pueblo Master Plan HGF Architects, Inc. will perform the following:
1. Schematic and Design Development for the entire site.
2. Construction Documents for the Archaeological Pavilion and Viewing Vaults.
(construction will commence as funds become available)
3. Construction Documents for Preservation and Site Improvements to the Historic
El Pueblo Site. (construction will commence immediately following approval of
the plans and specifications)
This project is funded by the Friends of El Pueblo Museum grant from the State Historic
Fund, the Colorado Department of Transportation ISTEA Funds and in -kind services from
the City of Pueblo.
The Department of Public Works and Department of Planning and Development will be
responsible for project administration.
RECOMMENDATION Approval of the Resolution.
FINANCIAL IMPACT Funds not to exceed $60,000 for said professional services
shall be available from Account No. 007 - 1998 - 869 - 000 - 040 -0020.
' 00 - a" ms'Aw
1/6/98
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
THIS AGREEMENT made and entered this 26th day of January, 1998 by and between the
City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and HGF Architects, Inc., a
professional architectural firm (hereinafter "Architect ") for Architect to render certain professional
architectural and related services for Owner in connection with El Pueblo Project, a City of Pueblo
Project, hereinafter referred to as the "Project." Inconsideration 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:
® Schematic Design Phase.
® Design Development Phase.
® Construction Documents and Bidding Phase.
® Construction Phase.
Such services shall include all usual and customary professional architectural consultation and
advice and the furnishing (directly or through its professional consultants) of customary and usual
architectural services including any required structural, mechanical and electrical engineering
services incident to its work on the Project.
1.2 In performing the professional services, Architect shall complete the work items
described generally in Appendix A - 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 Architectural services shall be performed under the direction and supervision of an
architect duly licensed in the State of Colorado. Professional engineering services shall be
performed under the director and supervision of a registered Professional Engineer in good standing
and duly licensed to practice 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 either the licensed Architect or such registered
Professional Engineer.
SECTION 2. ARCHITECT SERVICES
2.1 Schematic Design Phase If Architect is to provide professional services with respect
to the Project during the Schematic Design Phase, Architect shall:
(a) Consult with Owner to determine his requirements for the Project and review
available data.
(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 ten (10) copies of the Report and present and review it in person with
Owner.
2.2 Design Development Phase If Architect is to provide professional services with
respect to the Project during the Design Development Phases, 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 approved Schematic
Design documents on the Project.
(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.
(f) Architect shall furnish ten (10) copies of each above referenced submittal
document to Owner for Owner's use, and shall review same in person with Owner.
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2.3 Construction Documents and Bidding Phase If Architect is to provide professional
services with respect to the Project during the Construction Documents and Bidding 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 applicable building codes and requirements of regulatory agencies having any
approval authority.
(b) Make reasonable revisions to the Drawings and Specifications requested by
Owner.
(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 Opinion of Probable Cost 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, general conditions and selected specifications. The contract agreement shall contain
liquidated damage provisions for delay in completion. In the event the construction work is to be
funded, in whole or part, with federal funds, Architect shall incorporate in such forms required
federal provisions and mandatory clauses.
(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. Twenty -five (25) 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
receive requests for clarification, if any, to be answered by Architect in writing to all plan holders.
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(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 for
construction of the Project, Architect shall:
(a) Perform all duties and functions to be performed by Architect/Engineer 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 Appendix A - 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 or the construction contractor, 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 other contract documents, and indicate to Contractor and Owner with respect
thereto, any exceptions noted, or modifications 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
Drawings, Specifications and other contract documents.
(i) Subject to written concurrence by Owner, render a written recommendation
to Owner concerning all proposed substitutions of material and equipment.
in
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, instruction 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 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 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.
(c) Architect's professional responsibility shall comply with the standard of care
applicable to the type of architectural and engineering services provided, commensurate with the
size, scope and nature of the Project.
(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 irrespective of whether such injury or
loss was in whole or in part caused or contributed to by Owner or Owner's agents or employees or
any dangerous condition upon or at the Project site.
(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
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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 Appendix C -
"Identification of Personnel, Subcontractors and Task Responsibility ", attached hereto for the
Project assignments and areas of responsibility stated therein. Within 10 days of execution of this
Agreement, 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. Additionally, Architect acknowledges and agrees that he will schedule and perform
the work on the Project so as to achieve completion of the Schematic Design Phase, completion of
the Design Development Phase, and completion of the Construction Documents and Bidding Phase
in accordance with the "Schedule of Work included in Appendix A.
(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 Appendix B - "Fee Schedule ".
SECTION 3. OWNER'S RESPONSIBILITIES
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, nor to contract
additions or obligations exceeding a value which is the lesser of $10,000 or 5% of an awarded
contract price.
M
(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, and siting
considerations.
(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 in writing decisions pertaining thereto
within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and
incidental architectural and engineering 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 45 days shall be presumed reasonable
for Owner to act with respect to any matter involving policy or significant financial impact.
(i) Owner shall be responsible for the safety of Owner's employees on the Project
site during Construction Phase and shall hold Architect harmless and indemnify Architect from any
and all injury to Owner's employees occurring on the Project site during the Construction Phase.
0) Owner shall include a provision in all construction contracts providing for
the Contractor to indemnify Architect to the same extent as the Contractor is required to indemnify
the Owner.
SECTION 4. TIME FOR PERFORMANCE
Architect's obligation to render services shall continue for such period of time as may
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reasonably be required for completion of the work contemplated in Appendix A - 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 maximum amounts not to exceed $ 60, 000.00 , to be
computed in accordance with this Section and Appendix B - "Fee Schedule."
5.2 Architect shall submit periodic, but not more frequently than monthly, applications
for payment, aggregating to not more than the maximum amount, 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 75% of the maximum amount unless the Architect's
services on the Project phases for which this Agreement is applicable have been satisfactorily
completed and all required Architectural submittals 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 Appendix B - "Fee Schedule."
5.4 No separate or additional payment shall be made for profit, overhead, local telephone
expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar
expenses unless otherwise provided and listed in Appendix B - "Fee Schedule."
5.5 No compensation shall be paid to Architect for services 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
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 Appendix B - "Fee Schedule" for all services
rendered and reasonable costs incurred to date of termination; together with any reasonable costs
5:11
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 compensation provided for complete performance
in paragraph 5.1 and Appendix B.
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 and consultants, or to perform work according
to the highest professional standards, or to perform work in a manner deemed unsatisfactory by
Owner's Director of Public Works, then in that event, Architect's entire right to compensation shall
be limited to the lesser of (a) the reasonable value of completed work to the Owner as determined
by Owner's Director of Public Works or (b) 75% of the rates specified in Appendix "B" 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,
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.
in
(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, and
Four Hundred Thousand and No /100 Dollars ($400,000.00) per occurrence for property
damage.
(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: William J. Zwick, 211 E. "D" Street,
Pueblo, Colorado, or to the Architect at HGF Architects, Inc., Attention: John Barnosky, 429 W.
10th Street, #202, Pueblo, Colorado, 81003.
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 and its appendices 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,
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.
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 Public Works.
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, handicap 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, handicap or age.
7.9 Severability If any provision of this Agreement, except for Section 2.5, is
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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. However, it is the intent of the parties that Section 2.5 of this Agreement not
be severable, and that if any provision of said section be determined to be contrary to law or the
terms of any federal grant, then this entire Agreement shall be void.
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 appro-
priated for this Agreement is equal to or in excess of the maximum compensation payable here-
under; 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 Additional Requirements on Federally Funded Contracts If any of the work to be
performed by Architect under this Agreement is funded in whole or part with federal funds, then
this Agreement shall be construed to include all applicable terms required by the federal assistance
agreement and integrated federal regulations. By executing this Agreement, Architect agrees to be
bound by all such mandatory federal requirements, irrespective of Architect's actual knowledge or
lack of knowledge of such requirements prior to execution of this Agreement.
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.
8.3 Special Conditions. Any modifications to the provisions of this Agreement shall be
stated in an Appendix D hereto.
SECTION 9. APPENDICES
9.1 The following Appendices are attached to and made a part of this Agreement:
Appendix A - "Scope of Services" consisting of two (2) pages;
Appendix B - "Fee Schedule" consisting of one (1) page;
Appendix C - "Identification of Personnel, Subcontractors and Task Responsi-
bility" consisting of one (1) page;
and, if applicable,
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Appendix D - "Modifications" consisting of I page.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of
the day and year first above written.
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By B
President 4 City lNuncil
Attest:
City Clerk
ARCHITECT:
HGF ARCHITECTS, INC.
M.l
dent
[SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
� A ax-,
Director of Fi ance
APPROVED AS TO FORM:
City Attorney
J:\ CITY \PLANNING \ELPUEBLO \PASAGRE2.WPD - 1 2 -
APPENDIX A - "SCOPE OF SERVICES"
1. Provide Program Plan Review and validation with design team, schematic
design, and design development for entire block bounded by Grand Avenue,
Union Avenue, Victoria Avenue, and 1st Street ................... $20,000.00
2. Provide program plan review and validation with design team, schematic
design, design development, construction documents for the following
components as described in the Program Plan:
(Includes preparation of 3 -D studies and final scale model, minimum of 2
public /community presentation meetings), and milestone submittals at S.D.,
D.D., C.D., phases for review and approval by Owner and Colorado
Historical Society.
Archeology Pavilion and viewing vault component:
• • . . ........................... ..........................8 -' /a % of Cost of Construction
(based on $400,000 program budget for construction) $33,000.00
(Future contract administration during construction Not -to- Exceed 2 - ;/ % of
Cost of Construction) .... ............................... $11,000
3. Exterior drainage and landscape, paving design, and R.O.W. street scape
design, within and adjacent to historical project site.
• • ............................. ............................... 7% of Cost of Construction
(based on $100,000 of program budget Cost of Construction) $7,000.00
Site property survey, geotechnical report and recommendations, archeology in -situ features locations, and
existing R.O.W. improvements will be provided to HGF, Inc. from city sources and are not included
under the Scope of Services in this proposal.
Scope of Services for the 3 components listed includes development of Opinions of Probable Project
Construction Costs, and overall budget, at each phase.
page 1
APPENDIX A - "SCHEDULE OF WORK"
Program Plan Review Stage
2 Weeks
*Completion Target
Feb 15, 1998
Schematic Design Phase /Public Presentations
6 Weeks
April 1, 1998
Design Development Phase
3 Weeks
April 21, 1998
Construction Document Phase
6 Weeks
June 10, 1998
Bidding
4 Weeks
T.B.D.
Award /Construction
8 Months
T.B.D.
*Completion dates dependent upon City of Pueblo, "Friends of El Pueblo ", and State Historical Society
review periods.
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APPENDIX B - "FEE SCHEDULE"
Fee includes all consultant fees as follows:
Architectural ------------------- - - -HGF Architects, Inc.
Structural --------------------------- Kilstofte Engineering.
Electrical --------------------------- Kohnert Engineering.
Mechanical------------------- - - - - -- Systems Engineering.
Archeology Consultant--- - - - - -- -Bill Buckles.
Site Planning /Site Amenities - -- Design Studios West.
Tensile Structure Design Consultant --- Birdair.
The project fee will be billed as follows:
Program Plan Review
validation, public presentations ......... 5%
Schematic Design Phase ...................20%
Design Development Phase ...............15
%
Construction Document Phase ............
35 %
Bidding & Negotiation Phase .............
5%
Construction Observation ..................
20%
Reimbursable Expenses: (For Construction Documents in excess of 25 sets required by this contract)
Plans: 1.10 /sheet
Specs: .70 /page
For additional work beyond the scope of project the following hourly rates shall apply:
Principal Architect
Project Architect
Interior Designer
Draftsperson
Clerical
Engineers /Consultants
$75 /Hour
$65 /Hour
$50 /Hour
$45 /Hour
$20 /Hour
1 to 1 basis
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APPENDIX C - "IDENTIFICATION OF PERSONNEL,
SUBCONTRACTORS & TASK RESPONSIBILITY"
HGF ARCHITECTS, INC. Principal Architect and Designated Representative -
John M. Barnosky
Project Architect - Connie Ryan
Intern Architects /Draftspersons - Ed Kocman, Michelle Gill
STRUCTURAL ENGINEER
MECHANICAL CONSULTANT
ELECTRICAL CONSULTANT
ARCHEOLOGY CONSULTANT
TENSILE STRUCTURE
DESIGN CONSULTANT
SITE PLANNING/
SITE AMENITIES
Loren Kilstofte
Kilstofte Engineering
Systems Engineering Corp.
Kohnert Engineering
Bill Buckles
Roger Tinney, A.I.A.
(Birdair)
Design Studios West
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APPENDIX D
Article 8.3 Dispute Resolution
All claims, disputes or controversies arising out of, or in relation to the interpretation,
application, or enforcement of this agreement shall be initially negotiated between the designated project
representatives of both parties. If negotiation between the designated project representatives does not
result in a settlement of the matter, it shall be referred to the designated principal of HGF Architects,
Inc. or its assignee, and the Director of Public Works of the Owner, for joint discussion and attempted
resolution of the matter.
Both parties agree that if the matter cannot be resolved by mutual agreement of the principals,
the matter will be referred to an alternate dispute resolution process which shall initially be mediation.
Mediator shall be selected by and mutually agreed to by both parties. Mediator shall hear the matter and
provide an informal opinion and advice, none of which shall be binding upon the parties, but is expected
by the parties to help resolve the dispute. Said informal opinion and advice shall be submitted to the
parties within twenty (20) days following written demand for mediation. The mediator's fee shall be
shared equally by the parties.
If mediation fails to resolve the dispute, either party may then pursue another form of alternate
dispute resolution or litigation. Binding arbitration shall not be a remedy to the dispute.
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