HomeMy WebLinkAbout8352RESOLUTION NO. 8352
A RESOLUTION DESIGNATING THE QUALIFIED ARCHITECTURAL
FIRM OF ARCHITECTURE 2000, P.C., AND APPROVING AN
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND ARCHITECTURE 2000, P.C., RELATING TO
PUEBLO MOUNTAIN PARK PRESERVATION /RESTORATION -
PHASE I PROJECT AND AUTHORIZING THE PRESIDENT OF
COUNCIL TO EXECUTE SAME
WHEREAS, it is a goal of the Pueblo Mountain Park Preservation and 3
Restoration Master Plan to begin and complete preservation and restoration efforts within
the Pueblo Mountain Park; and
WHEREAS, the City of Pueblo has received a grant from the Colorado
Historical Society to fund the Pueblo Mountain Park Preservation/Restoration - Phase I
project, subject to the execution of a Contract; and
WHEREAS, the City of Pueblo received and examined Request for Qualification
from interested firm to provide professional services; and
WHEREAS, the Selection Committee has selected the proposal from
Architecture 2000, P.C. as the qualified firm to provide the necessary professional services;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION l
The proposal submitted by Architecture 2000, P.C. to provide professional
services to the City for the Pueblo Mountain Park Preservation/Restoration Phase I project,
is hereby accepted and approved.
SECTION 2
An agreement dated February 23, 1998, between the City of Pueblo, a
Municipal Corporation, and Architecture 2000, P.C., 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 3:
The President of the City Council is hereby authorized to execute and deliver
said Agreement, in the name of and 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 4:
Funds not to exceed $25,400 for said professional services shall be paid from
Account No. 002 - 1997 - 306 - 000 - 040 -1106.
SECTION 5
The resolution will become effective upon final passage.
INTRODUCED: February 23, 1998
BY: Rich Golenda
COUNCIL PERSON
APPROVED:
ATTESTED BY:
CIT LERK
/NO
Council Agenda
TITLE: A RESOLUTION DESIGNATING THE
QUALIFIED ARCHITECTURAL FIRM OF
ARCHITECTURE 2000, P.C., AND
APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND ARCHITECTURE
2000, P.C., RELATING TO PUEBLO
MOUNTAIN PARK PRESERVATION /
RESTORATION - PHASE I PROJECT AND
AUTHORIZING THE PRESIDENT OF
COUNCIL TO EXECUTE SAME
DEPARTMENT: PLANNING & DEVELOPMENT
AGENDA ITEM #
DATE: February 23, 1998
ISSUE: Should the City Council designate the architectural firm of Architecture 2000, P.C. and approve
an agreement between the City of Pueblo and the firm for providing the necessary professional services
for the Pueblo Mountain Park Preservation /Restoration - Phase I project.
BACKGROUND: The City received a three year /three phase grant in the amount of $300,000
($100,000 a year) from the Colorado Historical Society for restoration work in the Pueblo Mountain
Park. The City will match the grant in the same amount each year. On January 26, 1997, City Council
approved and entered into an agreement with the Colorado Historical Society for Phase I improvements.
On January 30, the City received four "Request for Qualification (RFQ)" submittals for professional
architectural services for the Pueblo Mountain Park Preservation /Restoration Project, Phase I. The four
RFQ packets that were received included: Architecture 2000, P.C.; Collaborative, Inc.; Richard Cherry &
Assoc.; and HGF Architects, Inc.. A six member selection committee made up of George Williams- -
Pueblo County Historical Society, Bob Gilliland and Rich Zajac - -City's Parks Dept., Rick Morgan- -City's
Public Works, Cathy Green- City's Downtown Devel., and Steven Meier - -City's Planning Dept. reviewed
the RFQ submittals and made a unanimous decision to select Architecture 2000, P.C. as the firm most
qualified to provide the professional services for the project. They had significant restoration and
preservation experience with mountain parks, historic properties, outdoor education facilities, and
projects funded by the Colorado Historical Society. They are also the firm which developed the Pueblo
Mountain Park Preservation /Restoration Master Plan last year and is already familiar with the site and
project.
Architecture 2000, P.C. will develop the plans, construction drawings, specifications, and construction
management for the project. Their scope of services is outlined in Appendix A and their fee schedule is
listed in Appendix B of the agreement.
The Department of Public Works and Department of Planning and Development will be responsible for
the project administration.
RECOMMENDATION: Approval of the Resolution.
FINANCIAL IMPACT: Funds not to exceed $25,400 for said professional services shall be available
from Account No. 002 - 1997- 306- 000 - 040 -1106.
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
THIS AGREEMENT made and entered this 23rd day of February ,
1998 by and between the City of Pueblo, a Municipal Corporation
(hereinafter "Owner ") and Architecture 2000, P. C. ,
a professional architectural firm (hereinafter "Architect ") for
Architect to render certain professional architectural and related
services for Owner in connection with Pueblo Mountain Park Preser-
vation /Restoration- -Phase I
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:.
[X] - Schematic Design Phase:
[X] - Design Development Phase:
[X] - Construction Documents and Bidding Phase:
[XJ - 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, mechani-
cal 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 Agree-
ment 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 direction 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.
1.4 Surveying work included within or reasonably contem-
plated 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 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 bf 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 indicat-
ing 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 six(6 )copies of t;.e Report and present and
review it in oerson with Owner.
2.2 Desic-, . Development Phase If Architect is to provide
professional services with respect to the Project during the
Design Development Phase, Architect shall:
(a) Consult with Owner and determine the ceneral 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 draw-
ings, an outline of specifications, and written descriptions of
all significant features of Project.
(c) Prepare and submit to Owner a requirements check-
MIC
list 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, contin-
gencies, professional compensation, consultant fees, costs of land
and rights of way, compensation for damages and finance costs, if
any.
(f) Architect shall furnish s (6 )copies of each above
referenced submittal document to Owner for Owner's use, and shall
review same in person with Owner.
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 a review of the
Preliminary Design Documents, if any, prepare and submit to Owner
six (6) copies of the final construction drawings showing the
scope, extent, and character of the work to be performed by
contractors, and specifications describing such work and the
requirements therefore. Such plans and specifications shall
comply with applicable building codes and requirements of regula-
tory agencies having any approval authority (Secretary of Interi-
or's Historic Preservation Standards).
(b) Make reasonable revisions to the Drawings and
Specifications requested by 0 ,:ner.
(c) Provide technical criteria, writte7^ descriptions
anc esicn data for Owner's use, and disclose a: sicnificant
d�Jl� ^. risks 4 r - '.c rem '_n or CreS °C1te'v by CeS =Cn ChO:CeS.
(d) Based upon Architect's best professional judgment,
re_oare and subm.i t to Owner a current detailed cost estimate for
the Project including construction cost, contingencies, profes-
sional compensation, consultant fees, lard and right of way costs,
damages and finance costs, if any.
(e) Prepare and submit to Owner draft forms of contract
acreement, general and special conditions, bid forms, invitations
to bid, inforr.:ation for bidders, forms of warranty and including
any special requirements imposed upon such contracts by any
faderal or other funding source and by any regulatory agency. In
preparing such draft forms, Architect shall consider and incorpor-
ate, to the extent both advisable and feasible, Owner's standard
Zorms of agreement, warranty, general conditions and selected
-3-
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. Tw enty- .f ine 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.
(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 profes-
sional services with respect to the Project during the Construc-
tion 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
the = rchitect /Engineer under the terms of the construction
contract.
(b) Visit the Project sit=, perform observations as to
t ie progress and quality of work anc a:,vlse t.. ^e Owner as to
sal7e. 'she fre-quency and level of observation shall be commensu-
rate with the nature of the work, and size of the Project, except
that an% specific orovlslons set forth ?n appendix - Scope of
Services concerning the level of observation shall determine
rchitect'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 anv omis-
sions, 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 con -
form to the contract documents.
-4-
(f) On request of the Owner, the construction contrac-
tor or any subcontractor on the Project, issue written interpreta-
tions 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, Specifica-
tions and all other contract documents, and indicate to Contractor
and Owner with respect thereto, any exceptions noted, or modifica-
tions 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.
(j) Draft, for Owner's consideration, and offer recom-
mendations upon, all proposed change orders and contract modifica-
tions.
(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, i` 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
-5-
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 compen-
sation, correct or revise any errors, omissions or other deficien-
cies in hi'9 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 here-
by 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 com-
ply with the standard of care applicable to the type of architec-
tural 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 Archi-
tect'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 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 assi 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.
Plithin 10 days of execution of this Agreement, Owner shall have
the right to object in writing to employment on t' Project of any
such key person, consultant or assignment of principal responsi-
bility, 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 comm6nce 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 on or before April 1 , 19 , completion of the
Design Development Phase on or before May 1 , 19 , and
completion of the Construction Documents and Bidding Phase on or
before July 1 , 1998 .
(g) Before undertaking any work which Architect con-
siders 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 nego-
tiate 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 communica-
tions from Architect shall be directed and who shall have limited
administrative authoritv on behalf of Owner to receive and trans-
mit 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 addit-
ions or obligations exceeding a value which is the lesser of
$10,000 or 5% of an awarded contract price.
(b) Advise Architect of Owner's Project requirements
including: objective, project criteria, use and performance
requirements, special considerations, physical limitations,
financial constraints, 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
IWZ
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.
ke) 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.
(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 circum-
stances. However, given the nature of Owner's internal organiza-
tion 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.
(j) 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 reasonably be required for completion
of the work contemplated in Appendix r. - Scope of Services and
Section 1 of this Agreement.
SECTIO^1 5. PAYMENT.
W-1:
5.1 Owner will pay to Architect as full compensation for all
services required to be performed by Architect under this Agree-
ment, except for services for additional work or work beyond the
scope of this Agreement, a maximum amount not to exceed $ 25,400 ,
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 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 appli-
cable have been satisfactorily completed and all required
Architectural submittals have been provided.
5.3 The rates of compensation for service and for reimbursa-
ble expenses to be used with periodic and final payment applica-
tions 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 t -:e scope of
this Agreement shall be governed by Paragraph 2.5(c).
SECTION 6. TERMINATION
6.1 The Owner reserves the right to terminate this Agreement
and Architect's performance hereunder, at any ti,-Le upon written
notice, either for cause or for convenience. Upon such termina-
tion, 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 accumu-
lated in performing this Agreement, together wit' 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
-9-
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
compensation provided for complete performance in paragraph 5.1
and Appendix B.
S
6.3 In the event termination of this Agreement or Archi-
tect'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 profes-
sional standards, or to perform work in a manner deemed unsatis-
factory 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, Speci-
fications, 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 Indemnitv.
-10-
(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).
-10-
(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, 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 services when deposited in the United States
mail, first -class postage, prepaid, and addressed to the Owner,
Attention: Steven Meier, Department of Planning and Development,
211 E. "D" Street, Pueblo, Colorado, or to the architect at
Architect 2000, P. C., 5031 So. Ulster, Suite 325, Denver, CO
80237; Attn: Kathy Lingo. 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 para-
graph.
7.- Ent-Ire Agreement _-iS 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 o= 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 Assions 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 anv part thereof, nor any moneys due
or to become due hereunder t0 the Architect flay be assigned by him
without the written consent of the Owner.
7.6 Amendments 'No amendment to this Agreement shall be
:jade nor be enforceable unless made by written Amendment signed by
an authorized representative o` Architect and by Owner's Director
-11-
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 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, 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 deter-
mined 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 appropria-
tion exists and funds are available, the amount of money appropri-
ated 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.
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 Plorks w:�ose 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 perform-
ance of his work under this Agreement.
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 - 1 - pages
-12-
Appendix B - "Fee Schedule" consisting of 3 pages.
Appendix C - "Identification of Personnel, Subcontrac-
tors and Task Responsiblity ".
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 ARCHITECT
CORPORATION
By By
Presiden , P4blo City Council
Title:�t
ATTEST:
City V4erk
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE:
Directo4 of Finance
APPROVED AS TO FORM:
City Atto ne,y
TF 50.18 -13-
2 -12 -1998 5:23PM FROM ARCHITECTURE 2000 303 290 0274 P.4
APPENDIX A
The scope of Phase One construction is generally as follows.
1. Repair / reconstruct exterior Lodge porch on east wing only. Construct new concrete
handicap ramp down to dining room level.
2. Splice or replace decorative projecting vigas on entire Lodge (just the nonstructural ones).
3. Repair exterior stucco walls on Lodge.
4. Erosion control and selective forest management around Lodge and Pavilion ($7500
worth).
5. Pavilion: paint gutters, relocate downspouts, replace stone chimney cap, fill undermined
porch slab.
6. Pavilion log rafters and beams: repair by splicing and / or epoxy consolidation.
7. Pavilion: improve interior lighting, relocate exposed conduit to less obtrusive locations,
replace kitchen flooring, relocate restroom doors out to face of stone, remove and replace
restroom fixtures and service sink, add individual electric heaters between floor joists, and
add new electric panel or service if necessary to accommodate addition of electric heat.
The scope includes direct expenses related to the project, including coordination printing,
xeroxing, long distance, and delivery charges.
The documents will be bid publicly to general contractors. The work will be accomplished under
one general contract The scope of work includes architectural, structural, mechanical, and
electrical design, and construction period services to include submittal review, change order
preparation, and a maximum of 8 visits to the site during construction for meetings and / or site
observations.
Architecture 2000 P.C. proposes to accomplish this work on a fixed fee basis. We propose to
subcontract mechanical, plumbing, and electrical engineering to ABS Consultants, structural
engineering to JVA, and site design to DHM.
2 -12 -1998 5 =24PM
APPENDIX B
FROM ARCHITECTURE 2000 303 290 0274
Hourly rates: Architecture 2000 P.C.
Principal " $75.00 /how
Draftsman $45.00 1hour
Clerical $35.00/hour
Expenses
Xeroxing
Bluelines
Computer plots
Long distance
Messenger
Overnight courier
Mileage
$ 0.10 / page
$1.25 / 24x36 sheet
$8.00 / 24x36 sheet
at cost
at cost
at cost
$ 0.30 / mile
Hourly rates for subconsultants are available upon request
P. 5
2 -12 -1998 5:24PM FROM ARCHITECTURE 2000 303 290 0274 P.6
APPENDIX C
Prime Consultant:
Architecture 2000 P.C., architects, historic architects, and project managers
5031 South Ulster Suite 325
Denver, CC) 80237
(303) 290 -9930
Kathy Lingo, project manager
Len Lingo, architect
Landscape Architecture:
DHM, Inc.
1390 Lawrence Suite 100
Denver, CO 80204
(303) 892 -5566
Bob Smith, project manager
Jenny Spencer, landscape architect
Civil Engineering:
RTW, Inc.
1600 Stout St. Suite 1800
Denver, CO 80202
(303) 825 -5999
Kevin Tone, project engineer
Structural Engineering:
JVA, Inc.
1319 Spruce Street
Boulder, CO 80302
(303) 444 -1951
Bob Hunnes, principal
Corinne Smith, technician
Mechanical and Electrical Engineering:
ABS Consultants
1123 Auraria Parkway
Denver, CO 80204
(303) 623 -6200
Peggy Coleman, mechanical principal