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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