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HomeMy WebLinkAbout8886RESOLUTION NO. 8886
A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL
ARCHITECTURAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION,
AND SEMPLE BROWN ROBERTS, P.C., RELATING TO THE CITY HALL AND
MEMORIAL HALL RESTORATION MASTER PLAN PROJECT AND AUTHORIZING
THE PRESIDENT OF COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SECTION 1:
An Agreement dated December 27, 1999, between the City of Pueblo, a Municipal
Corporation, and Semple Brown Roberts, 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 2
The President of the City Council is hereby authorized to execute and deliver said
Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the Seal of the City thereto and attest same.
SECTION 3
Funds not to exceed $100,000 for said professional services shall be paid from
Account No. 02- 1999 -100- 000 - 040 -1132.
SECTION 4
This resolution shall become effective upon final passage.
INTRODUCED: DECEMBER 27, 1999
BY: Rich. Gol enda
UNCIL P ON
APPROVE : ��
PRESIDENT OF CITY COUNCIL
ATTEST: _
ITY CLERK
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
THIS AGREEMENT made and entered this 27th day of December, 1999 by and between the
City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Semple Brown Roberts, P.C.,
a professional architectural firm (hereinafter "Architect ") for Architect to render certain professional
architectural and related services for Owner in connection with City Hall & Memorial Hall
Restoration Master Plan, 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:
® Preliminary Design Phase: Master Plan, Conceptual Design Documents & Financing.
❑ Design Development Phase:
❑ Construction Documents and Bidding Phase:
❑ Construction Phase:
Such services shall include all usual and customary professional architectural consultation and advice
and the furnishing (directly or through its professional consultants) of customary and usual
architectural services including any required structural, mechanical and electrical engineering
services incident to its work on the Project.
1.2 In performing the professional services, Architect shall complete the work items
described generally in Appendix A - Scope of Services and the items identified in Section 2 of this
Agreement which are applicable to each phase for which Architect is to render professional services.
1.3 Architectural services shall be performed under the direction and supervision of an
architect duly licensed in the State of Colorado. Professional engineering services shall be
performed under the director and supervision of a registered Professional Engineer in good standing
and duly licensed to practice in the State of Colorado. All reproductions of drawings produced under
this Agreement shall be the same as at least one record set which shall be furnished to Owner and
which shall be signed by and bear the seal of either the licensed Architect or such registered
Professional Engineer.
1.4 Surveying work included within or reasonably contemplated 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.
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SECTION 2. ARCHITECT SERVICES
2.1 Preliminary Design Phase If Architect is to provide professional services with
respect to the Project during the Preliminary 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 the existing site and structure 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 Historical Structural Assessment and Master Plan (collectively the
"Report") with appropriate exhibits indicating clearly the considerations involved and the alternative
solutions available to Owner, and setting forth Architect's findings and recommendations with
opinions of probable costs.
(g) Furnish 5 copies of the Report and 15 copies of an Executive Summary and
present and review it in person with Owner.
(h) The Report shall be prepared in the manner required by Colorado State
Historical Society.
2.2 Design Development Phase If Architect is to provide professional services with
respect to the Project during the Design Development Phases, Architect shall:
(a) Consult with Owner and determine the general design concept and Project
requirements based upon information furnished by Owner as well as any approved Preliminary
Design documents on the Project.
(b) Prepare and submit to Owner preliminary design documents consisting of final
design criteria, preliminary drawings, an outline of specifications, and written descriptions of all
significant features of Project.
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(c) Prepare and submit to Owner a requirements checklist of any subsurface
investigation, additional data, permits, or other information and requirements which is anticipated
will be necessary for the design or construction of Project.
(d) Provide written disclosure to Owner of significant design assumptions and
design risks inherent in or presented by design alternatives, and make recommendations to Owner
based thereon.
(e) Prepare and submit to Owner a preliminary cost estimate for the Project
including construction cost, contingencies, professional compensation, consultant fees, costs of land
and rights of way, compensation for damages and finance costs, if any.
(f) Architect shall furnish fifteen (15) 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 Preliminary Design Documents, if any, prepare and submit to Owner final
Drawings showing the scope, extent and character of the work to be performed by contractors, and
Specifications describing such work and the requirement therefor. Such plans and Specifications
shall comply with applicable building codes and requirements of regulatory agencies having any
approval authority.
(b) Make reasonable revisions to the Drawings and Specifications requested by
Owner.
(c) Provide technical criteria, written descriptions and design data for Owner's
use, and disclose any significant design risks inherent in or presented by design choices.
(d) Based upon Architect's best professional judgment, prepare and submit to
Owner a current detailed cost estimate for the Project including construction cost, contingencies,
professional compensation, consultant fees, land and right of way costs, damages and finance costs,
if any.
(e) Prepare and submit to Owner draft forms of contract agreement, general and
special conditions, bid forms, invitations to bid, information for bidders, forms of warranty and
including any special requirements imposed upon such contracts by any federal or other funding
source and by any regulatory agency. In preparing such draft forms, Architect shall consider and
incorporate, to the extent both advisable and feasible, Owner's standard forms of agreement,
warranty, general conditions and selected specifications.
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(f) After review and comment by Owner, prepare and submit final forms of
contract agreement, general and special conditions, bid forms, invitations to bid, information for
bidders, and forms of warranty, together with any Addenda which may be required or appropriate
to correct errors, clarify Drawings or Specifications or advise of changes. Twenty -Five (25) copies
of these final bid documents shall be furnished to Owner.
(g) Make recommendations to Owner concerning the need for prequalification
of equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification
requirements in final bid and construction contract documents.
(h) Attend a pre -bid conference with bidders to discuss Project requirements and
receive requests for clarification, if any, to be answered by Architect in writing to all plan holders.
(i) Consult with and make recommendations to Owner concerning: acceptability
of bidders, subcontractors, suppliers, materials, equipment, suitability of proposed "or equals ",
amount of bids and any other matter involved in consideration and review of bids and bidders upon
which Owner may reasonably request Architect's advice.
2.4 Construction Phase If Architect is to provide professional services with respect to
the Project during the Construction Phase, after award by the Owner of a general contract for
construction of the Project, Architect shall:
(a) Perform all duties and functions to be performed by Architect/Engineer under
the terms of the construction contract.
(b) Visit the Project site, perform observations as to the progress and quality of
the work and advise the Owner as to same. The frequency and level of observation shall be
commensurate with the nature of the work and size of the Project, except that any specific provisions
set forth in Appendix A - Scope of Services concerning the level of observation shall determine
Architect's obligation concerning level of observation.
(c) Make determinations as to whether the work is proceeding in accordance and
compliance with the construction contract documents.
(d) Promptly advise the Owner in writing of any omissions, substitutions, defects
or deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project.
(e) Reject any work on the Project that does not conform to the contract
documents.
(f) On request of the Owner, the construction contractor or any subcontractor on
the Project, issue written interpretations as to the Drawings and Specifications and requirements of
the construction work.
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(g) Review shop drawings, samples, product data and other submittals of the
contractor for conformance with the design concept of Project and compliance with the Drawings,
Specifications and other contract documents, and indicate to Contractor and Owner with respect
thereto, any exceptions noted, or modifications or resubmittals required.
(h) Review all applications of Contractor for payment and in connection with
same, issue certificates for payment to the Owner for such amounts as are properly payable under
the terms of the construction contract. Each such certificate shall constitute Architect's
representation to Owner that he has inspected the Project and that to the best of his knowledge, the
work for which payment has been sought has been completed by Contractor in accordance with the
Drawings, Specifications and other contract documents.
(i) Subject to written concurrence by Owner, render a written recommendation
to Owner concerning all proposed substitutions of material and equipment.
0) Draft, for Owner's consideration, and offer recommendations upon, all
proposed change orders and contract modifications.
(k) On application for final payment by the Contractor, make a final inspection
of the Project, assembling and delivering to the Owner any written guaranties, instruction manuals,
as -built drawings, diagrams and charts required by the contract documents, and issuing a certificate
of final completion of the Project.
(1) The Architect shall, if so provided in the construction contract, be the
interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon
written request of the Owner or Contractor, the Architect shall promptly make written interpretations
of the contract documents and render written decisions on all claims, disputes and other matters
relating to the execution or progress of the work on the Project. The interpretations and decisions
of the Architect shall be final and binding on the Contractor and Owner, unless the Director of Public
Works of the Owner shall, within seven calendar days after receipt of the Architect's interpretation
or decision, file his written objections thereto with the Architect and Contractor.
2.5 Additional Responsibilities This paragraph applies to all phases of Architect's work.
(a) Architect shall be responsible for the professional quality, technical accuracy,
timely completion and coordination of all of Architect's work, including that performed by
Architect's consultants, and including designs, Drawings, Specifications, reports and other services,
irrespective of Owner's approval or acquiescence in same. Architect shall, without additional
compensation, correct or revise any errors, omissions or other deficiencies in his work. Investigation
by Architect is limited to non - destructive testing or methods and Architect will not be responsible
for unknown and hidden pre- existing conditions in and upon the structure.
(b) Architect shall be responsible, in accordance with applicable law, to Owner
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for all loss or damage to Owner caused by Architect's negligent act or omission; except that Architect
hereby irrevocably waives and excuses Owner and its attorneys from compliance with any
requirement to obtain a certificate of review as a condition precedent to commencement of an action,
including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute.
(c) Architect's professional responsibility shall comply with the standard of care
applicable to the type of architectural and engineering services provided, commensurate with the
size, scope and nature of the Project.
(d) Architect shall be completely responsible for the safety of Architect's
employees in the execution of work under this Agreement, shall provide all necessary safety
equipment for said employees, and shall hold harmless and indemnify and defend Owner from any
and all claims, suits, loss or injury to Architect's employees irrespective of whether such injury or
loss was in whole or in part caused or contributed to by Owner or Owner's agents or employees or
any dangerous condition upon or at the Project site.
(e) Architect acknowledges that, due to the nature of architectural and related
professional services and the impact of same on the Project, the Owner has a substantial interest in
the personnel and consultants to whom Architect assigns principal responsibility for services
performed under this Agreement. Consequently, Architect represents that Architect has selected and
intends to employ or assign the key personnel and consultants identified in Appendix C -
"Identification of Personnel, Subcontractors and Task Responsibility ", attached hereto for the Project
assignments and areas of responsibility stated therein. Within 10 days of execution of this
Agreement, Owner shall have the right to object in writing to employment on the Project of any such
key person, consultant or assignment of principal responsibility, in which case Architect will employ
alternate personnel for such function or reassign such responsibility to another to whom Owner has
no reasonable objection. Thereafter, Architect shall not assign or reassign Project work to any
person to whom Owner has reasonable objection.
Within 5 days of execution of this Agreement, Architect shall designate in writing a Project
representative who shall have complete authority to bind Architect, and to whom Owner should
address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization
from Owner to proceed, Architect shall submit to Owner for approval a schedule showing the order
in which Architect proposes to accomplish his work, with dates on which he will commence and
complete each major work item. The schedule shall provide for performance of the work in a timely
manner so as to not delay Owner's time table for achievement of interim tasks and final completion
of Project work. Additionally, Architect acknowledges and agrees that he will schedule and perform
the work on the Project so as to achieve completion of the Preliminary Design Phase on or before
June 30, 2000, completion of the Design Development Phase on or before N/A , 19 and
completion of the Construction Documents and Bidding Phase on or before N/A , 19 .
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(g) Before undertaking any work which Architect considers beyond or in addition
to the scope of work and services which Architect has contractually agreed to perform under the
terms of this Agreement, Architect shall advise Owner in writing (i) that Architect considers the
work beyond the scope of this Agreement, (ii) the reasons the Architect believes the out of scope or
additional work should be performed, and (iii) a reasonable estimate of the cost of such work.
Architect shall not proceed with such out of scope or additional work until authorized in writing by
Owner. The compensation for such authorized work shall be negotiated, but in the event the parties
fail to negotiate or are unable to agree as to compensation, then Architect shall be compensated for
his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule ".
SECTION 3. OWNER'S RESPONSIBILITIES
3.1 Owner shall:
(a) Designate a representative to whom all communications from Architect shall
be directed and who shall have limited administrative authority on behalf of Owner to receive and
transmit information and make decisions with respect to Project. Said representative shall not,
however, have authority to bind Owner as to matters of legislative or fiscal policy, nor to contract
additions or obligations exceeding a value which is the lesser of $10,000 or 5% of an awarded
contract price.
(b) Advise Architect of Owner's Project requirements including: objective, project
criteria, use and performance requirements, special considerations, physical limitations, financial
constraints, and required construction contract provisions and standards, and siting considerations.
(c) Provide Architect with available information pertinent to the Project including
any previous reports, studies or data possessed by Owner which relates to design or construction of
the Project.
(d) Assist in arranging for Architect to have access to enter private and public
property as required for Architect to perform his services.
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals
and other documents presented by Architect, and render in writing decisions pertaining thereto
within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and
incidental architectural and engineering work or materials furnished hereunder shall not in any way
relieve the Architect of responsibility for the professional adequacy of his work. The Owner's
review, approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement.
(f) Upon advice of the necessity to do so from Architect, obtain required
approvals and permits for the Project. The Architect shall provide all supportive documents and
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exhibits necessary for obtaining said approvals and permits.
(g) Notify Architect whenever Owner becomes aware of any substantial
development or occurrence which materially affects the scope or timing of Architect's services.
(h) Owner shall perform its obligations and render decisions within a reasonable
time under the presented circumstances. However, given the nature of Owner's internal organization
and requirements, a period of 14 days shall be presumed reasonable for any decision not involving
policy decision or significant financial impact. A period of 45 days shall be presumed reasonable
for Owner to act with respect to any matter involving policy or significant financial impact.
(i) Owner shall be responsible for the safety of Owner's employees on the Project
site during Construction Phase and shall hold Architect harmless and indemnify Architect from any
and all injury to Owner's employees occurring on the Project site during the Construction Phase.
0) Owner shall include a provision in all construction contracts providing for the
Contractor to indemnify Architect to the same extent as the Contractor is required to indemnify the
Owner.
SECTION 4. TIME FOR PERFORMANCE
Architect's obligation to render services shall continue for such period of time as may
reasonably be required for completion of the work contemplated in Appendix A - Scope of Services
and Section 1 of this Agreement.
SECTION 5. PAYMENT
5.1 Owner will pay to Architect as full compensation for all services required to be
performed by Architect under this Agreement, except for services for additional work or work
beyond the scope of this Agreement, a maximum amounts not to exceed $100,000.00, to be
computed in accordance with this Section and Appendix B - "Fee Schedule."
5.2 Architect shall submit periodic, but not more frequently than monthly, applications
for payment, aggregating to not more than the maximum amount, for actual professional services
rendered, and for reimbursable expenses incurred. Such applications shall be submitted with
appropriate documentation that such services have been performed and expenses incurred.
Thereafter, Owner shall pay Architect for the amount of the application within 40 days of the date
of billing, provided that sufficient documentation has been furnished, and further provided that
Owner will not be required to pay more than 90% of the maximum amount unless the Architect's
services on the Project phases for which this Agreement is applicable have been satisfactorily
completed and all required Architectural submittals have been provided.
5.3 The rates of compensation for service and for reimbursable expenses to be used with
M
periodic and final payment applications shall be those set forth in Appendix B - "Fee Schedule."
5.4 No separate or additional payment shall be made for profit, overhead, local telephone
expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar
expenses unless otherwise provided and listed in Appendix B - "Fee Schedule."
5.5 No compensation shall be paid to Architect for services required and expenditures
incurred in correcting Architect's mistakes or negligence.
5.6 Compensation for authorized work beyond the scope of this Agreement shall be
governed by Paragraph 2.5(g).
SECTION 6. TERMINATION
6.1 The Owner reserves the right to terminate this Agreement and Architect's
performance hereunder, at any time upon written notice, either for cause or for convenience. Upon
such termination, Architect shall cease all work and stop incurring expenses, and shall promptly
deliver to the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries
and all other information, and materials as Architect may have accumulated in performing this
Agreement, together with all finished work and work in progress.
6.2 Upon termination of this Agreement for events or reasons not the fault of Architect,
Architect shall be paid at the rates specified in Appendix B - "Fee Schedule" for all services rendered
and reasonable costs incurred to date of termination; together with any reasonable costs incurred
within 10 days of termination provided such latter costs could not be avoided or were incurred in
mitigating loss or expenses to Owner or Architect. In no event shall payment to Architect upon
termination exceed the maximum compensation provided for complete performance in paragraph
5.1 and Appendix B.
6.3 In the event termination of this Agreement or Architect's services is for breach of this
Agreement by Architect, or for other fault of Architect including but not limited to any failure to
timely proceed with work, or to pay its employees and consultants, or to perform work according to
the highest professional standards, or to perform work in a manner deemed unsatisfactory by Owner's
Director of Public Works, then in that event, Architect's entire right to compensation shall be limited
to the lesser of (a) the reasonable value of completed work to the Owner as determined by Owner's
Director of Public Works or (b) 75% of the rates specified in Appendix "B" for services satisfactorily
performed and reimbursable expenses reasonably incurred, prior to date of termination.
6.4 Architect's professional responsibility for his completed work and services shall
survive any termination.
SECTION 7. GENERAL PROVISIONS
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7.1 Ownership of Documents All designs, Drawings, Specifications, technical data, and
other documents or instruments procured or produced by the Architect in the performance of this
Agreement shall be the sole property of the Owner and the Owner is vested with all rights therein
of whatever kind and however created, whether created by common law, statutory law, or by equity.
The Architect agrees that the Owner shall have access at all reasonable times to inspect and make
copies of all notes, designs, Drawings, Specifications, and all other technical data pertaining to the
work to be performed under this Agreement. In the event Owner uses the designs, Drawings or
Specifications provided hereunder for another project independent from Project, without adaptation
by Architect, Owner shall hold harmless and indemnify Architect from all loss, claims, injury and
judgments arising from the use of such designs, Drawings or Specifications for such other project.
7.2 Insurance and Indemnity
(a) Architect agrees that he has procured and will maintain during the term of this
Agreement, such insurance as will protect him from claims under workers' compensation acts, claims
for damages because of bodily injury including personal injury, sickness or disease or death of any
of his employees or of any person other than his employees, and from claims or damages because
of injury to or destruction of property including loss of use resulting therefrom; and such insurance
will provide for coverage in such amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Architect shall obtain and keep in
force is as follows:
(i) Workers' Compensation Insurance complying with statutory
requirements in Colorado and in any other state or states where the work is performed.
(ii) Comprehensive General and Automobile Liability Insurance with
limits not less than Four Hundred Thousand and No/ 100 Dollars ($400,000.00) per person
and occurrence for personal injury, including but not limited to death and bodily injury, and
Four Hundred Thousand and No /100 Dollars ($400,000.00) per occurrence for property
damage.
(iii) Professional Liability Insurance in amounts and form, and with a
deductible, acceptable to Owner.
(c) Architect agrees to hold harmless, defend and indemnify Owner from and
against any liability to third parties, arising out of negligent acts, errors or omissions of Architect,
his employees, subcontractors and consultants.
7.3 Notices Any and all notices or other communications required or permitted by this
Agreement or by law to be served on or given to either the Owner or the Architect by the other party
shall be in writing and shall be deemed duly served and given when personally delivered to the party
to whom it is directed, or in lieu of such personal service when deposited in the United States mail,
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first -class postage prepaid, addressed to the Owner, Attention: William Zwick, Department of
Planning & Development, 211 E. "D" Street, Pueblo, Colorado, or to the Architect at Chris
Wineman, Semple Brown Roberts, P.C., 1406 Larimer Square, Suite 200, Denver, Colorado, 80202.
7.4 Entire Agreement This instrument contains the entire agreement between the Owner
and the Architect respecting the Project, and any other written or oral agreement or representation
respecting the Project or the duties of either the Owner or the Architect in relation thereto not
expressly set forth in this instrument and its appendices is null and void.
7.5 Successors and Assigns This Agreement shall be binding on the parties hereto and
on their partners, heirs, executors, administrators, successors, and assigns; provided, however,
neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the
Architect may be assigned by him without the written consent of the Owner.
7.6 Amendments No amendment to this Agreement shall be made nor be enforceable
unless made by written Amendment signed by an authorized representative of Architect and by
Owner's Director of Public Works.
7.7 Choice of Law This Agreement shall be governed and interpreted in accordance with
the laws of the State of Colorado.
7.8 Equal Employment Opportunity In connection with the performance of this
Agreement, Architect shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, handicap or age. Architect shall endeavor to
insure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, national origin, handicap or age.
7.9 Severability If any provision of this Agreement, except for Section 2.5, is determined
to be directly contrary to and prohibited by law or the requirements of any federal grant or other
Project funding source, then such provision shall be deemed void and the remainder of the
Agreement enforced. However, it is the intent of the parties that Section 2.5 of this Agreement not
be severable, and that if any provision of said section be determined to be contrary to law or the
terms of any federal grant, then this entire Agreement shall be void.
7.10 Appropriations Subject to execution of this Agreement by the Director of Finance
certifying that a balance of appropriation exists and funds are available, the amount of money
appropriated 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
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8.1 Any dispute or disagreement between Architect and Owner arising from or relating
to this Agreement or Architect's services or right to payment hereunder shall be determined and
decided by the Owner's Director of Public Works whose written decision shall be final and binding
unless judicial review is sought in a Colorado Court of competent jurisdiction pursuant to Rule 106,
C.R.C.P.
8.2 Pending resolution of any dispute or disagreement, or judicial review, Architect shall
proceed diligently with performance of his work under this Agreement.
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 2- pages.
Appendix B - "Fee Schedule" consisting of _� pages.
Appendix C - "Identification of Personnel, Subcontractors and Task Responsi-
bility".
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of
the day and year first above written.
ARCHITECT:
sident of the City Council
[SEAL]
SEMPLE BROWN ROBERTS, P.C.
By *�%A M3�_%�
Title: V \C-i- 'eqo( QYi,i,l
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
r,
Director of Vinance
APPROVED AS TO FORM:
City Atto ney
F'. \CITY \PLANNING \MEMORIAL\PASAGREE. WPD -12-
Attest:
City rk
FROM : SEMPLE#BROWN#ROBERTS **
DEC.20.1999 2:42PM P 2
PHONE NO. : 303 571 4137
PROJECT: Master Plan to Restore and Rehabilitate Pueblo's City Hall and Memorial Hall: Project #99 -121
APPENDIX A: SCOPE OF SERVICES
1. Historic Structure Assessment
The scope will be based on the Historic Structure Assessment outline of the Colorado Historical
Society, and will be performed in accordance with the Secretary of Interior's Standards for
ArchaeofogyandH /stor/cPreservation Semple Brown Roberts, P,C. will examine the buildings
themselves, historic drawings, documents and photographic materials and records of the uses
of the facilities to establish as comprehensive as possible an understanding of the original
structures, their finishes and ornamentation and their uses. This research will also be informed
by review of the City of Pueblo's Union Avenue Historic District Guidelines and the Historic
Arkansas River Project plans. We would welcome any assistance you or your staff can offer us
in gaining access to historic documents pertaining to these buildings.
As indicated In the Historic Structure Assessment outline, we have included in our fee the field
verification and production of measured drawings. These will be provided to the City in
AutoCAD version 13 with hard copy output. The City will receive fifteen 115) copies of an executive
summary and five 15) copies of the complete report. Semple Brown Roberts, P,C, will make a
public presentation to the City at the conclusion of the Master Plan.
2. Inventor r /Existing Conditions
Semple Brown Roberts, P.C. will coordinate inventories by structural, mechanical /electrical,
acoustical and performance systems consultants. Our own review will include life safety, code
and accessibility issues. All portions of the buildings will need to be reasonably available for
review. Assistance for access will be required.
The Theatre Review will address the technical requirements and design parameters for all
areas of venue design, stage operation, sightlines, comparative theatre designs, technical
equipment and rigging overview, noise control, mechanical and electrical systems, lobby space
access and egress, rehearsal rooms, control rooms, dressing rooms, lighting bridges, probable
electrical loading, probable mechanical loading, and performance equipment probable heat
loading, and recommendations concerning the replacement thereof.
The acoustical review will develop quantitative acoustical performance standards such as
reverberation times, background noise criteria, control of HVAC generated noise and sound
isolation standards. These analyses will provide recommendations covering the treatment of
the audience chamber and the ante- proscenium zone. Also included will be the conceptual
design and architectural Integration of a new resident audio - visual system and a definition of
the capabilities of that system. The goal of this review is to enhance the musical and theatrical
experience for every seat In the hail. Size and location of loudspeaker positions for
reinforcement, effects, monitor /paging and assistive listening systems, as well as size and
location of In -house controls, audio equipment rooms and intercom locations will be included.
1 Y
DEC.20. 1999 2:43PM P 3
FROM : SEMPLE #BROWN #ROBERTS ** PHONE NO. : 303 571 4137
3. Program User Needs
We will review current cultural programming in the community, analyze market statistics,
conduct phone interviews and up to two onsite workshops with potential users to establish
feasibility, and identify comparable facilities and programming In other communities. This
process will summarize potential programming uses for the facilities.
4. Recommendation for Use
Semple Brown Roberts, P-C, will articulate several alternative scenarios for the Use of the
buildings, These will be in the form of sketch plans, narrative and outlined programming. We
will provide evaluative information on each scenario, and facilitate a workshop to rank them
and develop consensus for a single Recommended Use. This will enable our team to proceed
with developing a plan for the restoration and rehabilitation of the facilities.
S. Develop Master Plan
Semple Brown Roberts, P.C. will develop a Master Plan as prioritized in the Recommendation
for Use. This will identify:
Work Required to Preserve and Stabilize the Structures for Use
Work Required to Restore and Enhance Historic Features
Work Required to Rehabilitate the Structures for Recommended Use.
b. Develop Design Development Plan
We will develop the Master Plan into conceptual Design Documents and narrative. This will
Include draft outline specifications and conceptual plans to describe the recommended scope
for preparation of a conceptual estimate. The conceptual plans will include descriptions of
scope and narrative of structural, HVAC, electrical, lighting, plumbing, life safety, and
performance systems. Floor plans will be simple scaled drawings with overall dimensions,
Photographs will document elevations and interiors. Limited illustrative building sections will be
provided. This conceptual design package will be reviewed by Architectural Resource
Consultants, who will prepare a conceptual cost estimate.
7. Develop Financing Alternatives /Fundy -mina Plan
Ordinary Magic will prepare a report summarizing potential components of a
financing /fundraising plan for the restoration and rehabilitation of the buildings. We will analyze
current levels of cultural funding in the community_ We will identify potential funding
mechanisms used in communities with similar projects. We will interview potential stakeholders
in the project to ascertain potential fundraising capacity. We will prioritize the resulting funding
mechanisms according to their projected effectiveness for this project. Semple Brawn Roberts,
P.C. and Ordinary Magic will work with the client to determine the most effective visual tool for
communicating the design of the project and will provide the client with one graphic image, key
message points, and outline copy for proposals or brochures.
i
DEC.20.1999 2:43PM P 4
FROM : SEMPLE#tBROWN#tROBERTS ** PHONE NO. : 303 571 4137
PROJECT: Master Plan to Restore and Rehabilitate Pueblo's City Hall and Memorial Half Project #99 -121
APPENDIX C: IDENTIFICATION OF PERSONNEL, SVBCONTRACTORS AND TASK RESPONSIBILITY
Semple Brown Roberts, P.C., lead firm
Rick Geiser, Project.Director
Chris Wineman, Project Manager (Contact Person)
Phone; 303. 571 -4137 Fox: 303 - 571 -0403 Email: cwineman @sbr- pc.com
Peter tucking, Performing Arts Designer and Planner
Ordinary Magic, Fundralsing and Programming Consultant
Jeanne Hathaway, Principal
Paul Ideker, Principal
Public Assembly Consultants IPAC)- Performance Equipment Consultants
Ben Boltin, Principal
Curtis Kasefang, Senior Consultant
Robert F. Mahoney Associates - Acoustical Consultant
Robert F. Mahoney, Principal
Martin /Martin - Structural Engineer
C. Ben Nelson, Principal
John Lund, Structural Engineer
WE Engineers Inc.- Mechanical and Electrical Engineer
Michael Hart, Project Manager, Mechanical Engineering
Robert Stephens, Project Manager, Electrical Engineering
Michael Wallace, Project Engineer, Electrical Engineering
Darrell Lackey, Project Engineer, Mechanical Engineering
Architectural Resource Consultants (ARCI -Cost Estimating
Chris Squadra, Principal
Mouji Barash, Senior Estimator
N3
FROM : SEMPLE#BROWN#ROBERTS **
DEC.20.1999 2:44PM P S
PHONE NO. : 303 571 4137
PROJECT: Master Plan to Restore and Rehabilitate Pueblo's City Hall and Memorial Hall: Project #99 -121
APPENDIX B: FEE SCHEDULE
Historic Structure Assessment
Inventory/Existing Conditions
Program User Needs
Recommendation for Use
Master Plan
Develop Design Development Plan
(Conceptual Design) $78,400
Estimate of Construction Cost $ 4,500
Financing Alternatives /Fundraising $15,000
Total: $97,900
REIMBURSABLE EXPENSES
Reimbursable expenses will be billed at one and one -tenth times (1.11) our actual expense or at
our standard rates. They include blueprinting, photocopying, photography, delivery, postage,
freight, long distance telephone calls, materials, travel (lodging, meals and mileage),
equipment, time and materials, rental of equipment to perform services, and other direct project
expenses.
Schedule:
Copies:.20 /b /w copy
Blueprints! .90 /sheet
Color Copies: $3 first image /Sl subsequent copies
Mileage! .325 /mile
Reimbursable expenses are estimated to be approximately $2,100, Consultant expenses, not
billed directly to the Owner, will be charged at the Architect's cost, times a factor of one and one
tenth (1.1).
E. HOURLY RAPES
Services performed outside the Scope of Work outlined above will be billed as
Additional Services at our current hourly rates. Those rates are as outlined below:
Principal .................. ....................$110.00
/Hr.
Associate ..... ...............................
$90.00 /Hr.
Project Architect .........................
$90.00 /Hr.
Project Manager .... .....................$75.00
/Hr.
CADD I.... ..................................
. $60.00 /Hr.
Tech I ...................... .....................
$40.00 /Hr,
Specification Writer ....................
$50.00 /Hr.
Project Secretary ... .....................
$40.00 /Hr.
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DEC.20,1999 2:44PM P 6
PHONE NO. 303 571 4137__
FROM SEMPLE#tBROWN#ROBERTS **
.- . - M•E Ex'�GiNEERS,I�C.. - - - . '
-
110MY RATE SC$EDULE -1949
DELIVER OFFICE
Principal
5130lHR
Sr. Associate
SI10/HR
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Pesigner
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principal
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Associate
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S 801M
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SI'10/HR _
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S. 95/HR
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$ 9.0m
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$ 75/1M ;
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$ 55M
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S 45/FIR = .
Administrative Staff
$ 35aM '•
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PHONE NO. : 303 571 4137
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