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HomeMy WebLinkAbout10331RESOLUTION NO. 10331 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND HISTORITECTURE, L.L.C., FOR CONDUCTING A NORTH SIDE HISTORIC BUILDING INVENTORY AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, Ordinance 7219, adopted October 25, 2004 budgeted and appropriated $90.000 to conduct a North Side historic building inventory; and WHEREAS, a request for proposals was issued and Historitecture, L.L.C. was chosen as most capable of providing services advantageous for the inventory; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An agreement dated February 28, 2005, between the City of Pueblo, a Municipal Corporation, and Historitecture, L.L.C., a copy of which is attached and incorporated herein and 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 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 in the amount of $59,800 shall be paid from project PL0407 for services in accordance with the terms of the contract. INTRODUCED February 28, 2005 BY Michael Occhiato Councilperson APPROVED: zz'�'Y PR E CITY C IL ATTESTED BY: CITY CLERK A-100. #/L)-331 Background Paper for Proposed RESOLUTION AGENDA ITEM # 11 DATE: February 28, 2005 DEPARTMENT: COMMUNITY DEVELOPMENTMIM MUNCH PLANNING DEPARTMENT /JIM MUNCH lfil>!_;� • RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, • MUNICIPAL CORPORATION, AND HISTORITECTURE, L.L.C., FOR CONDUCTING • NORTH SIDE HISTORIC BUILDING INVENTORY AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME. 1 *31L Shall City Council enter into a contract with Historitecture, L.L.C? for consulting services in completion of the North Side Historic Building Inventory. RECOMMENDATION Approval of Resolution BACKGROUND With Ordinance 7219, October 25, 2004, City Council budgeted and appropriated $67,500 in State Historic Funds and $22,500 in Community Development Block Grant funds for a total of $90,000 for completion of the North Side Historic Building Inventory. In November 2004, the Department of Planning and Community Development issued a Request for Proposals for consulting services to cant' out Phase I of the inventory. Historitecture, L.L.C. was chosen by the search committee for the project, with a $59,800 contract price. The planning process will begin with approval of the present resolution, and be completed March 31, 2006. The remaining $30,200 of the original $90,000 is reserved for additional survey work on Phase 2 of the survey, shown on Attachment 2 to the attached contract. Expenditures for additional survey work would be contingent upon prior approval by City Council and the State Historic Fund. FINANCIAL IMPACT Funds not to exceed $59,800 shall be paid from Project PLO407 to Historitecture, L.L.C. for Phase I of the inventory. Pueblo North Side Historic Building Survey Service Agreement PROFESSIONAL SERVICE AGREEMENT Between Historitecture, L.L.C. And The City of Pueblo For Project No. 04-113 Pueblo North Side Historic Building Survey This Agreement, made and entered into this 28th day of February, 2005 by and between Historitecture, L.L.C., with offices at and whose mailing address is 2155 McGraw Ranch Rd. No. 1009, P.O. Box 419, Estes Park, Colorado 80517-0419 (referred to as the "CONSULTANT") and the City of Pueblo, Colorado whose mailing address is #1 City Hall Place, Pueblo, CO 81002 (referred to as the "CLIENT'). WnMSSETH: WHEREAS CLIENT desires to engage the services of CONSULTANT to furnish technical and professional services in connection with the preparation of an intensive level historic building survey of Pueblo's north side neighborhood, defined by the Phase I study area depicted in Attachment 2 (referred to as the "PROJECT"); and WHEREAS CONSULTANT has represented that it is competent, qualified and willing to provide such technical and professional services to CLIENT; WHEREAS the CLIENT desires to engage the CONSULTANT to carry out the PROJECT in a pre-established Scope of Services, described in Attachment 1, attached to and made expressly part of this agreement; and WHEREAS the CLIENT and CONSULTANT have agreed that services shall be compensated for by payment of a predetermined lump sum fee. NOW THEREFORE, the CLIENT and the CONSULTANT, for and in consideration of the mutual covenants herein set forth, agree that the CONSULTANT will perform the professional services and the CLIENT will perform its coordinating and supportive activities, both in accordance with the procedure set forth below: A. Scope of CONSULTANT Service CONSULTANT shall perform the Scope of Services described in Attachment 1 required for timely completion of the PROJECT in a good and professional manner, and provide copies of all Products described in the Scope of Services. B. Scope of CLIENT Work Program 1. Materials to be Provided by the CLIENT In the event that any information, data, reports, records, aerial photographs, or geographic information exist, and are reasonably available to client's officials and may be relevant and useful for CONSULTANT'S carrying out work on the PROJECT, such materials shall be furnished to consultant after written request by the CONSULTANT within a reasonable time, without cost or expense to the CONSULTANT. February 28, 2005 Page 1 of 8 Pueblo North Side Historic Building Survey Service Agreement 2. Services to be Provided by the CLIENT CLIENT shall identify groups or agencies to be contacted in the planning process, secure proper space and assist in scheduling meetings, schedule and provide all logistical services for the Conduct of public meetings, and to review materials provided by the consultant on a timely basis as described in paragraph H. C. City Project Administrator The City Project Administrator shall serve as the direct contact for the Consultant under this Agreement. The City Project Administrator shall be the Senior Neighborhood Planner. D. Meetings CONSULTANT agrees to conduct two (2) public meetings in Pueblo, as well as two (2) meetings with the city's Historic Preservation Commission, one near the beginning of the project and one upon completion of the survey and related products. CONSULTANT further agrees to meet with the assigned Colorado State Historical Fund (SHF) administrator, the National Register Historian, and the City Project Administrator at the beginning of the project and after submission of each group of 50 survey forms, submitted concurrently to the CLIENT and Office of Archeology and Historic Preservation (O.A.H.P), or with such lesser frequency as shall be mutually agreed upon. Any additional meetings beyond those specified in the preceding paragraph shall be Considered EXTRA WORK to be authorized under Paragraph J below. E. Subcontractors CONSULTANT may elect to use other subcontractors to perform certain portions of the services, however, CONSULTANT shall perform the majority of the work on the Project_ Use of other subcontractors shall require the written approval of CLIENT, such approval not to be unreasonably withheld. CONSULTANT shall remain responsible for all services conducted and performed by CONSULTANT and its subcontractors. Consultant will not change senior staff without Client's approval. F. Changes Any changes in this Agreement, including the CONSULTANT Scope of Services (Attachment 1), and any modification of the amount of compensation, shall be first mutually agreed upon by CONSULTANT and CLIENT, and incorporated into a written amendment to this Agreement. G. CONSULTANT'S Compensation, Reimbursement of Job - Related Expenses, and Payment Method: As full compensation for all services to be performed by Consultant under this Agreement CLIENT shall pay CONSULTANT a lump sum fee of $59,800, which includes all Consultant's and its subcontractors' services and expenses. Invoices shall be sent monthly and paid within 45 days after CLIENT receipt of CONSULTANT's invoice. Each invoice shall include a summary of work completed during the payment period, shown in comparison to approved Scope elements and their contracted price summarized in Attachment 1 "Scope of Service and Fee Schedule", with percentage of that Scope element completed. Charges shall reflect the percentage of Scope Element completed during the payment period. H. Time of Performance and Delays Beyond CONSULTANT'S Control February 28, 2005 Page 2 of 8 Pueblo North Side Historic Building Survey Service Agreement The services of CONSULTANT shall begin upon receipt by CONSULTANT of an executed copy of this Agreement, and, except for causes beyond CONSULTANT'S control, shall be completed by March 31, 2006. The completion of services by CONSULTANT shall be, among other things, contingent upon the timely receipt from the CLIENT of the services, data and other reports described in Paragraph B above, and upon the timely receipt from the CLIENT and the Office of Archeology and Historic Preservation of reviews and decisions to be made by the staff and OAHP. For the purpose of this Agreement, timely shall mean such decisions and choices are made by the CLIENT and returned to the CONSULTANT not more than 14 working days after receipt of request from CONSULTANT. If the required information and/or choices and decisions are not provided in a timely manner, the CONSULTANT may extend its time to perform services under this AGREEMENT by the time necessary to compensate for that delay. CONSULTANT shall not be in default by reason of any failure in performance of this Agreement in accordance of its terms, if such failure arises out of causes beyond the control and without the fault or negligence of CONSULTANT. Such causes may include, but are not limited to, the CLIENT'S failure to comply with the terns hereof, acts of God, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, strikes and unusually severe weather. I. Nondiscrimination and Affirmative Action CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, mcmitment, layoff and termination, compensation, selection for training, or participation in recreational and educational activities. The CONSULTANT shall actively seek qualified minorities when filling professional, technical and clerical positions. J. Extra Work If requested and authorized in writing by the CLIENT and approved by CONSULTANT, CONSULTANT will furnish, or obtain from others, EXTRA WORK and be compensated for said work beyond the total lump sum amount of fixed in Paragraph G above, as specified in the written agreement for the extra work. EXTRA WORK can be work of the following type: 1. EXTRA WORK due to changes in the general scope of services including, but not limited to, changes in size, complexity, or character of the services. 2. Additional copies of reports. 3. Additional meetings with the staff, State Historic Fund, general public, or Historic Preservation Co mmissi on beyond those specified in Paragraph D above. K. Notices All notices, communications and/or demands given pursuant hereto shall be in writing and shall be deemed sufficient if sent by certified mail, return receipt requested, addressed as set forth in the first paragraph hereof. The date of mailing shall be deemed the date of service. Either party may change the address for notice by the aforesaid procedure. L. Work Completed All documents including but not limited to investigative studies completed or partially completed, drafts, graphics, charts, maps, and tables shall be the property of the CLIENT. CONSULTANT will retain records, payrolls, time records and research for a period of three years, which shall be open to review or audit by Client or its representatives. February 28, 2005 Page 3 of 8 Pueblo North Side Historic Building Survey Service Agreement M. Entire Agreement This Agreement and the matters expressly referred to herein constitute the entire Agreement between the parties. No representations, warranties, undertakings or promises have been made by either party hereto unless expressly stated herein. All amendments hereto, if any shall be in writing and executed by the parties. The venue for any action arising out of this Agreement shall be Pueblo County, Colorado. N. Insurance and Indemnity. 1. CONSULTANT agrees that it has procured and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any of its 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 2. 2. The minimum insurance coverage, which CONSULTANT shall obtain and keep in force, is as follows: b. Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. c. Commercial General Liability Insurance including contractual coverage and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No/100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, Six Hundred Thousand and No/100 Dollars ($600,000.00) per occurrence for property damage, a nd One Million and No/loo Dollars ($1,000,000.00) for excess umbrella liability. d. Professional Liability Insurance in the amount of $1,000,000.00, and with a deductible not exceeding $5,000.00. CONSULTANT agrees to hold harmless and indemnify CLIENT from and against any liability to third parties, arising out of negligent acts, errors or omissions of CONSULTANT, its employees, subcontractors and consultants. O. Termination The CLIENT reserves the right to terminate this Agreement and CONSULTANT's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, CONSULTANT shall cease all work and stop incurring expenses, and shall promptly deliver to the CLIENT all data, drawings, specifications, reports, estimates, calculations, summaries and all other information, and materials as CONSULTANT may have accumulated in performing this Agreement, together with all finished work and work in progress. 2. Upon termination of this Agreement for events or reasons not the fault of CONSULTANT, CONSULTANT shall be paid at the rates specified in Attachment 1 - "Scope of Service and 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 CLIENT or CONSULTANT. In no event shall payment to CONSULTANT upon termination exceed the maximum compensation provided for complete performance in Section G above. 3. In the event termination of this Agreement or CONSULTANT's services is for breach of this Agreement by CONSULTANT, or for other fault of CONSULTANT including but not limited to any failure to timely proceed with work, or to pay its employees, subcontractors or consultants, or to February 28, 2005 Page 4 of 8 Pueblo North Side Historic Building Survey Service Agreement perform services with that level of care and skill ordinarily exercised by professional consultants specializing in the assessment of historical properties, or to perform work in a manner deemed satisfactory by CLIENTs City Project Administrator, then in that event, CONSULTANTS entire right to compensation shall be limited to the reasonable value of completed work to the CLIENT for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. 4. CONSULTANTS professional responsibility for it and its subcontractors' work and services shall survive any termination. In WITNESS whereof CLIENT and CONSULTANT have executed and delivered this Agreement all on the date first above written. CONSULTANT Histori .C. By: Adam Thomas Principal Hi an U' Witness: Date: � I I �: ffffl = Witness: Date: 3 -1 —C)5 February 28, 2005 Page 5 of 8 Pueblo North Side Historic Building Survey Service Agreement Attachment 1 SCOPE OF SERVICE AND FEE SCHEDULE project Purpose: The purpose of this project is to conduct a survey of 300 sites identified in the Phase I Thatcher/Mineral Palace Study Area in Pueblo, Colorado (depicted in Attachment 2). II. Scrape of Service is as follows: Scope Element Completion Date Fee a. Facilitate a kickoff meeting March 31, 2005 $805 in the community to explain the survey process, to answer questions, and to receive suggestions about local sources of information. b. Document 300 buildings in July 31, 2005 $18,600 the Phase I survey area through fieldwork which produces architectural descriptions, black and white photographs, and locations on a base map. Color digital images will also be prepared for use in final public meeting. c. Submit a representative July 31, 2005 $1000 sample of 10 draft survey forms for review by OAHP staff. d. Conduct research on the December 31, 2005 $30,540 history of the 300 properties designated by CLIENT, and, where necessary, contact current and former owners and longtime residents regarding the histories of buildings. e. Consult with the national November 30, 2005 $1000 register historians at the Colorado Historical Society Office of Archaeology and Historic Preservation (OAHP) regarding evaluations of eligibility. f Submit a draft survey December 31, 2005 $2,760 report, per the current OAHP survey manual for review by the national register historians at the OAHP and the SHF. February 28, 2005 Page 6 of 8 Pueblo North Side Historic Building Survey Service Agreement g. Complete and submit two March 1, 2006 $920 sets of the appropriate OAHP Inventory forms with associated photographs to CLIENT. h. Incorporate revisions and March 1, 2006 $3370 recommendations from the above reviews into the final survey report and submit two copies to the SHF.. Provide the final survey database in MS Access and the final survey report in MS Word to the City of Pueblo on CD -ROM, along with two (2) bound hard cop ies. L Present the final survey March 31, 2006 $805 report and OAHP review findings at a community meeting near the conclusion of the piMect. TOTAL $59 February 28, 2005 Page 7 of 8 Pueblo North Side Historic Building Survey Service Agreement Attachment 2 Pueblo Northside Historic Building Study Areas i e• r. s s a•° a 8 4 7 a � � 1 a q • H #T 0 l I 8 a m 4 Q 0 O :. eg ° O Q r a 9 �� at t em v ° °anat ed lA eP =U o 1J W qe SDM aT Palace W a o.• m p a w% ea •a a irm es�a a aurp ®s m� 6 a� Q j 125 Area of Potential Effect Phase I Study Area Boundary Boundary of 1997 Simonich Downtown Survey Phase 2 Study Are a Boundary February 28, 2005 Page 8 of s • H #T 6 tfoa& r+r at t em v ° °anat ed lA eP =U o Mineral Palace W a o.• m p a w% ea •a a irm es�a a aurp ®s m� ° � q-n�� c Pe rk 9 13 pp O b 1 2 • rr ❑8 0 oa p O ewe �•° I p°� N; H r v a d ° E eey @ems 1dn5 8 tti�Q e mL9 d a ao tQ dsoP� e ali tqr t7 .. �� S aM vY. m[ P a 6 H m _ L,4 L- e 125 Area of Potential Effect Phase I Study Area Boundary Boundary of 1997 Simonich Downtown Survey Phase 2 Study Are a Boundary February 28, 2005 Page 8 of s