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HomeMy WebLinkAbout11341RESOLUTION NO. 11341 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND ABEL CONSULTING SERVICES, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE DESIGN OF A BUILDING ADDITION AT THE EAST SIDE CHILD CARE CENTER AT 2717 E. 8 T " STREET BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 _ The City of Pueblo has undergone a Qualification -Based selection process for the procurement of professional architectural /engineering design services for this project. SECTION 2. An Agreement, a copy of which is attached hereto, after having been approved as to form by the City Attorney, by and between Pueblo, a municipal Corporation and Abel Consulting Services, inc. is hereby approved. SECTION 3_ Funds in an amount not to exceed $20,000 for said professional services shall be paid from Project No. CD0803. SECTION 4_ 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. INTRODUCED July 28, 2008 BY Vera Ortegon Councilperson APPROVE Lim PPI`81f I T' i I LXr des. 1131) Background Paper for Proposed RESOLUTION AGENDA ITEM # & DATE: JULY 28, 2008 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND ABEL CONSULTING SERVICES, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE DESIGN OF A BUILDING ADDITION AT THE EAST SIDE CHILD CARE CENTER AT 2717 E. 8 STREET AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council enter into an agreement with Abel Consulting Services, Inc., for the purpose of performing architectural and engineering services for the design of a building addition at the East Side Child Care Center at 2717 E. 8` Street. RECOMMENDATION Approval of this Resolution BACKGROUND The East Side Child Care Center applied for and received a 2008 Community Development Block Grant (CDBG) grant for an addition to improve building security and provide additional office space for the child care center located at 2717 E. 8` Street. The East Side Child Care Center is a city -owned building. This agreement will provide the architectural and engineering services necessary to design the building addition and associated site work FINANCIAL IMPACT Funding for this project in an amount not to exceed $20,000 will be paid out of Project CD0803. STANDARD FORM OF AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES THIS AGREEMENT made and entered this 14th day Of July, 2008 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Abel Consulting Services, inc., a professional architect firm (hereinafter "Architect ") for Architect to render certain professional architectural and related services for Owner in connection with Project No. 08 -046, FY 2008 Architectural Design Services for East Side Child Care Center Addition, hereinafter referred to as the "Project." Inconsideration 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: [ ] - Study and Report Phase [X] - Preliminary Design (Schematic) Phase [X] - Final Design Phase tX] - Construction Documents & Bidding Phase [X] - Construction Phase Upon completion of any phase, Architect shall not proceed with work on the next phase, if any, until authorized in writing by Owner to proceed therewith. Such services shall include all usual and customary professional architectural services and the furnishing (directly or through its professional consultants) of customary and usual civil, structural, mechanical, electrical engineering, environmental, and planning services. Architect shall also provide any landscape architectural, surveying and geotechnical 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 ofthis Agreement which are applicable to each phase for which Architect is to render professional services. 1.3 Professional architectural services (whether furnished directly or through a professional consultant subcontract) shall be performed under the direction and supervision of a registered architect in good standing and duly licensed to practice in the State of Colorado. Reproductions of final drawings for construction 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 such registered architect. 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. (CI %DOCUMENTS AND SETTING S \TRU.IILLOB \LOCAL SETTINGS \TEMPORARY INTERNET FILES \OLRPAGREEMEN'T FOR PROFESSIONAL ARCHITECTURAL SERVICES - APPV'D BY CA 10- 164007. DOC) 1.5 Any engineering services provided under this Agreement shall be performed under the direction and supervision of a registered professional engineer. SECTION 2. ARCHITECT SERVICES 2.1 Study and Report Phase If Architect is to provide professional services with respect to the Project during the Study and Report Phase, Architect shall: data. (a) Consult with Owner to determine his requirements forthe Project and review available (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(e), 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. alternatives. (e) Provide general economic analysis of Owner's requirements applicable to various (f) Prepare a 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 n/a copies of the Report and present and review it in person with Owner. 2.2 Preliminary Design (Schematic) Phase If Architect is to provide professional services with respect to the Project during the Preliminary Design 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 study Report 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. (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 and advantages /disadvantages inherent in or presented by design alternatives, and make recommendations to Owner based thereon. PC AND SETTINGS \TRUBLLOB \LOCAL SETTINGS \TEMPORARY INTERNET FILES\OLK2\AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES - APPV'D BY CA 10.16 -2007 DOC) -2- (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 10 copies of each above referenced submittal document to Owner for Owner's use, and shall review same in person with Owner. 2.3 Final Design Phase If Architect is to provide professional services with respect to the Project during the Final Design 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 therefore. Such plans and Specifications shall comply with all applicable building codes and requirements of regulatory agencies having any approval authority. Final design, including Drawings and Specifications, shall also comply with ADA Accessibility Guidelines ( ADAAG) Manual developed by the U. S. Architectural and Transportation Barriers Board (1998) or ADA Standards for Accessible Design published at 28 C.F.R. Part 36, Appendix A, whichever is applicable. Architect shall include an attest statement on each record drawing sheet of final plan drawings that certifies compliance with either the ADAAG Manual or 28 CFR 1 36 Standards. (b) Make reasonable revisions to the Drawings and Specifications requested by Owner, informing the Owner of any change in probable construction costs as a result of such revisions. (c) Provide technical criteria, written descriptions and design data for Owner's use, and disclose any significant risks and advantages /disadvantages 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) 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. 2.4 Construction Documents & Bidding Phase If Architect is to provide professional services with respect to the Project during the Construction Documents & Bidding Phase, Architect shall: (a)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, payment and performance bonds, general conditions and selected specifications. (b) After review and comment by Owner, prepare and submit all deliverables identified in Appendix A to this Agreement, final forms of contract agreement, general and special conditions, Drawings, specifications, 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. 25 copies of these final bid documents shall be furnished to Owner. Unless otherwise specified in (C \DOCUMENTS AND SETTINGS�FRUJILLOB\LOCAL SETTINGS \TEMPORARY INTERNET FILES \OLK2 \.AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES- APPVD BY CA I0- 16- 2007.DOC) -3- Appendix A, a copy of all contract documents and drawings shall also be submitted to Owner in Microsoft: Word and AutoCADD (2006 or later version) format on electronic media. (c) 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. (d) 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. (e) Consult with and make recommendations to Owner concerning: acceptability of bidders, subcontractors, suppliers, materials, equipment, suitability of proposed "orequals ", amount ofbids and any other matter involved in consideration and review of bids and bidders upon which Owner may reasonably request Architect's advice. 2.5 Construction Phase If Architect is to provide professional services with respecttothe Project during the Construction Phase, after award by the Owner of a general contract or contracts for construction of the Project, Architect shall: (a) Perform all duties and functions to be performed by Architect under the terms ofthe construction contract. (b) Visit the Project site, perform observations as to the progress and quality ofthe 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 ofthe 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, Specifications and all other contract documents, and indicate to Contractor and Owner with respect thereto, any exceptions noted, or modification 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 (C \DOCUMENT$ AND SETTINGS \TRU.IILLOFELOCAL SETTINGSITEMPORARY INTERNET FILESiOLQ: AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES - APPV'D BY CA 10 -16 -2007. DOC) -4- 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, promptly render a written recommendation to Owner concerning all proposed substitutions of material and equipment. Q) 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, instructions 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. 2.6 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. (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 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 engineering and architectural services provided, commensurate with the size, scope and nature of the Project. (d) Architect shall be completely responsible forthe 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. (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 (Ci'TDOCUMF.NTS AND SI'.TTINGSCfRU11I.1.OBd.00AL SETTINGS�TEMPORARY INTERNET FILES %OLFPAGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES- APPV'D BY CA 10- 16-2007. DOC) -5- 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. (t) 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, provided however, the Architect will not be responsible for delays beyond his control. (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 tenns 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 ". 2.7 Required Federal Provisions (a) Architect understands that Owner will be funding the Project in whole by a grant from the U.S. Department of Housing and Urban Development. Architect agrees it is subject to and shall comply with all applicable provisions and regulations of said federal agency as referenced in Exhibit B. All applicable HUD provisions and regulations are incorporated into this Agreement by reference. 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. (C:0000MENTS AND SETTINGS \TRUIILLOE\LOCAL SETTINGS\TEMPORARY INTERNET PILES \OLx2 \AGREFMENT FOR PROFESSIONAL ARCHITEC'FURAL SERVICES -APPVT) BY CA 10 -16 -2007. DOC) 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 written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental 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 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. 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 I 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, those maximum amounts set forth in Appendix B - "Fee Schedule" and computed in accordance with this Section. 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 90% of the maximum amount unless the Architect's services on the Project phases for which this Agreement is applicable have been completed to Owner's reasonable satisfaction and all required Architect submittals have been provided. 5.3 The rates of compensation for service and for reimbursable expenses to be used with periodic (C'DOCUMENTS AND SETTINGS \TRLOILLOB \LOCAL SETTINGS \TEMPORARY INTERNET FILES \OLR2 \AGREEMENT FOR PROFESSIONAL. ARCHITECTURAL SERVICES - APPV'D BY CA 10.16- 2007.DOC) -7- 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, computertime, 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 2.6(g). MMIM0r.MY:1Nk 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 oftermination 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 services with that level of care and skill ordinarily exercised by professional Architects specializing in the design of public buildings or to perform work in a manner deemed unsatisfactory by Owners Director of Public Works, then in that event, Architect's entire right to compensation shall be limited to the reasonable value of completed work to the Owner as determined by Owner's Director of Public Works 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 (a) 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, (G'.D000MFNTS AND SETTINGSJRU,IILLOMLOCAL SETTINGSUEMPORARY INTERNET FILES10LK2 \AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES - APPV'D By CA 10164007. DOC) 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. (b) Advertisine Unless specifically approved in advance in writing by Owner, Architect shall not include representations of the Project in any advertising or promotional materials, except for accurate statements contained in resumes or curriculum vitae of Architect's employees. If Architect wishes to include representations in advertising or promotional materials, it shall submit a draft of same and printer's proof of the proposed advertising or promotional materials to the Owner for prior review and shall not publish or distribute same unless written approval of the materials is first obtained. 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 d isease 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). follows: (b) The minimum insurance coverage which Architect shall obtain and keep in force is as (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 Six Hundred Thousand and No/l00 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, and One Million and No /100 Dollars ($1,000,000.00) for excess umbrella liability. (iii) Professional Liability Insurance in amounts and form acceptable to Owner, and with a deductible not exceeding $15,000.00. (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 bylaw 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, first -class postage prepaid, addressed to the Owner, Attention: Dan Centa, Department of Public Works, 211 E. "D" Street, Pueblo, Colorado 81003, orto the Architect, Attention: Sean Tapia, Abel Consulting Services Inc., 102 S. Oneida Street, Pueblo, Colorado 81003. Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. (CA)OCUMENTS AND SF_Tl INGs %rRw I LLOa\LOCAL SETTI NOS \TEMPORARY INTERNET FILES(OLQ: AGREEMENT FOR PROFESSIONAL ARCHI'I ECTURAL SERVICES . APPVD BY CA 10- 16- 2007.DOC) _ 9 _ 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 respectingthe Project or the duties of either the Owner or the Architect in relation thereto not expressly set forth in this instrument 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, that 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, disability 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, disability or age. 7.9 Severabilitv If any provision of this Agreement, except for Section 2.6, 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 2.6 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. 7.11 Additional Requirements on Federally Funded Contracts If any of the work to be performed by Architect under this Agreement is funded in whole or in part with federal funds, then this Agreement shall be construed to include all applicable terms required by the federal assistance agreement and integrated federal regulations. By executing this Agreement, Architect agrees to be bound by all such mandatory federal requirements, irrespective of Architect's actual knowledge or lack of knowledge of such requirements priorto execution of this Agreement. 7.12 Access to Property Not Under Owner's Control Architect acknowledges that the Project may require access to property not under the control of Owner at the time of execution of this Agreement. Architect and Architect's employees and consultants shall, at Architect's expense, obtain all additional necessary approvals and clearances required for access to such property. Owner shall assist Architect in obtaining access (C "DOCUMENTS AND SET nNGS.TRIJJILLOMLOCAL SET I'INGS7EMPORARY INTERNGr FILES \OLK2\AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES -A PPVD BY CA 10- 16- 2007.DOC) -10- to such property at reasonable times but make no warranty or representation whatsoever regarding access to such property. Architect understands and agrees that entry to properties not under Owner's control may require Architect to comply with the terms of separate access agreements to be negotiated hereafter with owners of such property. SECTION 8. DISPUTES. 8.1 Any dispute or disagreement between Architect and Owner arising from or relating to this Agreement or Architect's services or right to payment hereunder shall be determined and decided by the Owner's Director of Public 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, orjudicial 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 1 page. Appendix B - "Fee Schedule" consisting of 1 page. Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility." SECTION 10. ACCESSIBILITY The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Architect therefore, will use his or her best reasonable professional efforts to implement applicable ADA requirements and other federal, state and local laws, rules codes, ordinances and regulations as they apply to the Project. SECTION II — STATE- IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK (a) At or prior to the time for execution of this Agreement, Architect shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that the Architect will participate in either the "E- Verify Program" created in Public Law 208, 100 Congress, as amended and expanded in Public law 156, 108 "' Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to section 8- 17.5- 102(5)(c), C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. (b) Architect shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; (C'. \DOCUMENTS AND SETTIN'GSCFRU.IILLOB\ LOCAL SETT MGStrEMPORARY INTERNET FILES \OLKTAGREEMENI FOR PROFESSIONAL ARCHI'IECTUR.AL SERVICES - APPV'D BY CA 1016 -2007. DOC) (II) Enter into a contract with a subconsultant that fails to certify to Architect that the subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. (c) The following state - imposed requirements apply to this Agreement: (I) The Architect shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E- Verify Program or Department Program. (11) The Architect is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre- employment screening ofjob applicants while this Agreement is being performed. (111) If the Architect obtains actual knowledge that a subconsultant performing work under this Agreement knowingly employs or contracts with an illegal alien to perform work under this Agreement, the Architect shall be required to: A. Notify the subconsultant and the Purchasing Agent of the City within three (3) days that the Architect has actual knowledge that the subconsultant is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subconsultant if within three (3) days of receiving the notice required pursuant to subparagraph (c)(111) A. above the subconsultant does not stop employing or contracting with the illegal alien; except that the Architect shall not terminate the contract with the subconsultant if, during such three (3) days, the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with an illegal alien. (IV) The Architect is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8- 17.5 - 102(5), C.R.S. (d) Violation of this Section by the Architect shall constitute a breach of contract and grounds for termination. In the event of such termination, the Architect shall be liable for City's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Architect to violate any terms of participation in the E- Verify Program. (t) Violation of this Section 1 I by the Architect shall constitute a breach of contract and grounds for termination. In the event of such termination, the Architect shall be liable for Owner's actual and consequential damages. (g) As used in this Section 11, the term "subconsultant" shall mean any subconsultant or subcontractor of Architect rendering services within the scope of this Agreement. (C'JDOCUMF.NTS AND SETTINGS\'I RUIILLOB\LOCAL SETTINGS'SEMPORARY INTERNET FILES1OLMAGREEMEN F FOR PROFESSIONAL ARCHITECTURAL SERVICES - APPV'D BY CA 10.16.2007. DOC) -12- SECTION 12. PERA LIABILITY The Contractor shat l reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. The Contractor shall fill out the questionnaire attached as Exhibit "A" and submit the completed form to City as part of the signed Agreement. (Signature page follows) (C )OCUMENTS AND SE.T'TINGS\TRUJ I 1- 1—MLOCAL SETTINGSQ1NIPGRARY INTERNET FILES10LA21AGREEMEN'T FOR PROFESSIONAL ARC ill ECTURAL SERVICES -A PPVD aY CA 1010 -2007 DOC) -13- IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO By Presl entbftheCityCouncil Attest: City CI [SE -AL] Architect By Title: BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. Director of Finance APPROVED AS TO FORM: -� City Attorney Ll (C: \DOCUMEN1 S AND SE'FTINOS \TRUIILLOEPLOCAL SETTINOSCPEMPORARY INTERNET FILES`OLK2\AOREEMENT FOR PROFESSIONAL. .ARCHITECTURAL SERVICES -A PPVD aY CA 10- 16- 2007.DOC) 14- EXHIBIT "A" COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24 -51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity orof any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an indepe ent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes No (b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No If you answered "yes" please state which of the above entities best describes your business: (c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Address Address Social Security Number Social Security Number (If more than two, please attach a supplemental list) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for an) employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo, (C \DOCUMENTS AND SETTINGS'fFRU11LLOBU.00AL SEFT(NGSiTEMPORARY INTERNET FILES\OLK2IAGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES - APPVD BY CA 10- 16.2007.DOC) Name -15- r By Name: Title: For purposes of responding to question (b) above, an "affiliated parry" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. IC i.DO0OMENI'S .AND sEn INGSYI RU) I LLOW1.0CA I. SETTINGS \TEMPORARY INTERNET FILES \OLK2 \AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES - APPVD BY CA I0- 16- 2007.DOC) 16- EXHIBIT a U.S. DEPT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATIONS The Consultant entering into this Agreement with the Owner hereby certifies that the Project will be conducted and administered in compliance with all of the following requirements. All applicable provisions and regulations are incorporated into this Agreement by reference. (1) Construction work financed in whole or in part with federal funds is subject to the prevailing wage requirements of the Davis Bacon Act (29 CFR, Parts 3 and 5), the Copeland Act (29 CFR Part 3), and the Contract Work Flours and Safety Standards Act (Public Law 91 -54, 83 Stat. 96). When a project meets this applicability requirement, the labor standards provisions of the HUD 4010 and the Davis Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be incorporated into all construction contracts and subcontracts of any tier thereunder. (2) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 U.S.C. 2000d, et seq .) and implementing regulations issued at 24 CFR Part l; (3) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284; 42 U.S.C. 3601, et sM.), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (4) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (5) Section 3 of the Housing and Urban Development Act of 1968, as amended; (6) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (7) Executive Order 11063, as amended by Executive Orders 12259, and implementing regulations at 24 CFR Part 107; (8) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 -112), as amended, and implementing regulations when published for effect; (9) The Age Discrimination Act of 1975 (Pub. L. 94 -135), as amended, and implementing regulations when published for effect; (10) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD implementing regulations set forth in 24 CFR Part 42; (1 1) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; (12) The flood insurance purchase requirements of Section 102(a) ofthe Flood Disaster Protection Act of 1973 (Pub. L. 93 -234); (13) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos. A -102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A -87, A -110, A -122, A -128 and A -133 as they relate to the acceptance and use of federal funds under this federally- assisted program; (14) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176 (c) and (d) [42 U.S.C. 7506 (c) and (d)]; (15) HUD environmental criteria and standards [24 CFR Part 51, Environmental Criteria and Standards]; (16) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et. seq., and 21 U.S.C. 349) as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)- 303(e)); (17) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) as amended; including but not limited to section 7 (16 U.S.C. 1536) thereof; (18) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1272 et. seq.) as amended; particularly section 7 (b) and (c) [16 U.S.C. 1278 (b) and (c)]; (19) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et. seq.); particularly section 3 (16 U.S.C. 469a -I ); as amended by the Archeological and Historical Preservation Act of 1974; (20) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.) as amended; particularly sections 102(a) and 202(a) [42 U.S.C. 4012a(a) and 4106(a)]; (21) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. seq.); particularly sections 2 and 5; (22) It will comply with the Lead -Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et. seq.); (23) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended; particularly section 106 (16 U.S.C. 470f); and (24) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et. seq.); particularly section 2(c). (25) No CDBG funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed 24 CFR Part 87. (26) Where asbestos is present in property undergoing rehabilitation, Federal requirements apply regarding worker exposure, abatement procedures and disposal. CPD -90 -44 EPA /OSHA. (27) When HOME Investment Partnership Act funds are used, the Subrecipient will comply with implementing regulations and requirements under 24 CFR 92. (28) Executive Orderl2372, as amended by Executive Order 12416 and HUD's implementing regulations at 24 CFR part 52. APPENDIX A — SCOPE OF SERVICES Page 1 of 1 Preliminary Design Phase (Combined with Study and Report Phase): 1. Analyses of Owner Needs 2. Site Evaluation 3. Design Alternates with Supporting Information If Applicable 4. Preliminary Design Drawings based off of Items 1 -3 above. 5. Outline Specification Book 6. Preliminary Cost Estimate Final Design Phase: 1. Final Drawings 2. Specification Book 3. Detailed Cost Estimate Construction Documents & Bidding Phase: I. Draft Boiler Plate a. Final Boiler Plate After Draft Approval b. Specification Book with incorporated Final Boiler Plate 2. Construction Documents a. Addenda If Applicable 3. CD containing all Drawings, Specifications, etc. in AutoCAD® 2006 or later and Microsoft Word& 4. Pre -Bid Walk -thru 5. Recommendation of Contractor from Acceptable Bid Submittals Construction Phase: 1. Random Site Visits (Frequency Based on Project Size & Scope) 2. Reject or Accept Work Completed by Contractor 3. Create Al and ASI As Needed 4. Review Shop Drawings 5. Review & Process Change Orders If Applicable 6. Review & Process Pay Applications APPENDIX B — FEE SCHEDULE Page 1 of 1 Total Proposal Fee Preliminary Design Phase — 10% Final Design Phase— 15% Construction Document Phase — 60% Construction Phase — 15% Plus Reimbursable Expenses, Plus Existing System Investigation Estimated Existing System Investigation at T &M Not To Exceed Architectural Department Principal Architect Senior Architect Architect Intern III Architect Intern It Architect Intern I Engineering Department Principal Engineer Project Engineer Design Engineer Design Engineer EIT Design Engineer Technician fil Design Engineer Technician III Design Engineer Technician II Design Engineer Technician I Survey Department Principal Surveyor Survey Technician Iff Survey Technician If Survey Technician 1 2 man survey crew Administrative Business Manager Accounting Assistant Estimated Reimbursable Expenses: $ 15,000.00 $ 1,500.00 $ 2,250.00 $ 9,000.00 $ 2.250.00 $ 5,000.00 Hourly Rate $150.00 $85.00 $45.00 $40.00 $30.00 $120.00 $70.00 $65.00 $60.00 $55,00 $50.00 $45.00 $30.00 $85.00 $65.00 $55.00 $30.00 $120.00 $65.00 $35.00 Additional Copies on Bond (24 x 36) Each $ 4.00 Additional Copies on Bond (8 -1/2 x 11) Per Sheet $ 0.15 Additional Copies on Bond (8 -1/2 x 11) Per Sheet, Duplex $ 0.40 Additional Prints on Mylar (24 x 36) Each $ 20.00 Out of Scope Work, without written agreement, to be billed T &M at Billable Rates Varies APPENDIX C — IDENTIFICATION OF PERSONNEL, SUBCONTRACTORS AND TASK RESPONSIBILITY Page I of I Sean A. Tapia RA, President - Principal Architect: He will aid in project planning, as well as overseeing the quality control and cost control aspects of the project. Steve Weidner, RA, Project Architect - Senior Architect: He will lead in design, specifications, and sub - consultant coordination. Jeff M. Bailey, P.E., Project Engineer - Principal Engineer: He will lead in project planning for the Civil aspect and Structural aspect of the project. Roger Anderson, Architectural Intern 111: He will aid in design, detailing, and sub - consultant coordination. Beth Doty, P.E. (AE Associates): She will lead in Mechanical and Plumbing Engineering. Paige Lee, P.E. (ESI): She will lead in Electrical Engineering.