HomeMy WebLinkAbout8614RESOLUTION 8614
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF PUEBLO AND HGF ARCHITECTS INC. FOR PROFESSIONAL
SERVICES ASSOCIATED WITH FIRE DEPARTMENT TRAINING FACILITY
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
An agreement dated January 25, 1999, a copy of which is attached hereto and made a
part hereof, after having been approved as to form by the City Attorney, by and between
Pueblo, A Municipal Corporation and HGF Architects Inc. is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute the said Agreement on
behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City
thereto and attest the same.
SECTION 3.
Funds for said professional services in the amount not to exceed $30,000.00 shall be
paid from Account No. 002 -1999- 100 - 000 - 040 -1135.
INTRODUCED January 25 1999
B Al NiMIP
C ilperson
APPROVED
President of Council
ATTEST
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Council Agenda
TITLE: A RESOLUTION APPROVING AN AGREEMENT AGENDA ITEM #
BETWEEN THE CITY OF PUEBLO AND HGF ARCHITECTS
INC. FOR PROFESSIONAL SERVICES ASSOCIATED
WITH FIRE DEPARTMENT TRAINING FACILITY
DEPARTMENT: PUBLIC WORKS DATE : January 25, 1999
ISSUE
Should the City Council approve an agreement with HGF Architects for Professional Services
associated with the Fire Department Training Facility.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
Funding has been budgeted in 1999 for a new Fire Department Training Facility to be located on
Smelter Hill. The new facility will be a pre- fabricated steel structure, which includes a training tower
and various rooms used for fire training exercises. This facility will replace the training tower that
was removed from the lot at the southeast corner of Mechanic and Richmond due to parking needs
for the Hotel and Convention Center.
A training facility such as the one to be constructed is required to insure proper readiness for fire
fighters and to obtain more favorable insurance rates for City residents.
HGF Architects was selected from among three firms that responded to a Request for Proposals
(RFP). HGF's selection was based upon their proposed fee and their successful completion of past
City projects involving pre- fabricated metal structures.
FINANCIAL IMPACT
Fees for these services are estimated not to exceed $30,000.00 and will be paid from the Project
Account 002 - 1999 - 100 - 000 - 040 -1135.
L
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
THIS AGREEMENT made and entered this 19th day of January r
1993 by and between the 'City of Pueblo, a Municipal Corporation
(hereinafter "Owner") and Hurtig, Gardner, Froelich, Architects, Inc. ,
a professional architectural firm (hereinafter "Architect ") for
Architect to render certain professional architectural and related
services for Owner in connection with a Fire Training Simulator
Facility
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:
[) - Schematic Design Phase:
[X] - Design Development Phase:
[X] - 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, 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 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 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 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 Phase, Architect shall:
(a) Consult with Owner and determine the general design
concept and Project requirements based upon information furnished
by Owner as well as any 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-
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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 10 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 review of the Prelimi-
nary 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 requirements 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, opinions
prepare and submit to Owner a current detailed mDx )exXzW for o f Probat
the Project including construction cost, contingencies, profes- costs
sional 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 incorpor-
ate, to the extent both advisable and feasible, Owner's standard
forms of agreement, warranty, general conditions and selected
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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. ( #) 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 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 commensu-
rate 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 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.
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Or
(f) On request of the Owner, the construction contrac-
tor cxcx�42�xx�2x�xx2a� 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, 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
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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 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 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 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 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
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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 on or before February 26 , 19 99 completion of the
Design Development Phase on or before March 18 19 , and
completion of the Construction Documents and Bidding Phase on or
before May 20 , 19 99
(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 authority 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
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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.
(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 A - Scope of Services and
Section 1 of this Agreement.
SECTION 5. PAYMENT.
"I.
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 $ 29,550 ,
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 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 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 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 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 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 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).
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(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, addressed to the Owner,
Attention: Tom Cvar , Department of Public Works, 211 E.
"D" Street, Pueblo, Colorado, or to the Architect at
429 West loth St, #202, Pueblo, CO 81003
Either party may change his address for the purpose of this para-
graph by giving written notice of such change to the other party
in the manner provided in this paragraph.
7.4 Entire Agreement. This instrument contains the entire
agreement between the Owner and the Architect respecting the
Project, and any other written or oral agreement or representation
respecting the Project or the duties of either the Owner or the
Architect in relation thereto not expressly set forth in this
instrument 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
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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, 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 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 ( See Appendix D)
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 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
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Appendix B - "Fee Schedule" consisting of 1 pages.
Appendix C - "Identification of Personnel, Subcontrac-
tors and Task Responsiblity ".
Appendix D - "Dispute Resolution"
IN WITNESS WHEREOF the parties hereto have made and executed
this Agreement as of the day and year first above written.
CITY/Ot PUEBLO, A UNICIPAL
COR ✓0 Fj&TION
B2�
Preside of City Council
ATTEST:
C i t YPC Jerk
ARCHITECT
By /
Title J
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILAB
Direct 6r of Finance
APPROVED AS TO FORM:
City Attorn
TF 50.18 -13-
lu
ArCFIITECTS INC.
John C. Hurtig
James H. Gardner
Norman E. Froelich
John M. Barnosky
APPENDIX A
SCOPE OF SERVICES
BREAKDOWN OF PROFESSIONAL FEES
TO COMPLETE THE SCOPE OF WORK
HGF Architects, Inc. proposes to provide the Scope of Work listed in the Request for Proposal,
paragraph D, for Architectural Scope of Work, in accordance with City of Pueblo Owner /Architect
Agreement.
RRFAKDnWAI OF FFFS ARF AS FOLLOW-
1)
Site planning and design, including security fencing
$6,500.00
2)
Utility extensions and layout design
$3,500.00
3)
Consultation with Fire Training Simulator manufacturer and Fire Department
$1,500.00
on final facility specifications and requirements
4)
Engineering for the manufactured simulator building foundation
$3,200.00
5)
Preparation of bid documents for site and foundation construction and for
$6,850.00
erection of the manufactured simulator building
6)
Project management (contract administration and construction observation
$8,000.00
during site construction and the manufactured simulator building erection
3 mos x 16 hours per week x 4 weeks)
TOTAL FEE* (Based on RFP Scope)
$29,550.00
7)
Design modifications to the facility which are not part of the manufacturer's
6.5% of cost of
package or included in RFP Scope
construction or
as negotiated
based on HGF
hourly rates
*Fee includes plumbing, HVAC, electrical, and structural consultants. Does not include
soils /geotechnical investigation /report, site boundary, topography, and improvement survey, soils
compaction or concrete testing.
Robert J rITECTS, inci 1 Architect
HGF AR INC.
429 West 10th Street Pueblo, Colorado 81003 Telephone (719) 543 -7600 Fax (719) 545 -2910
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 principal of each firm or its assignee, 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.