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HomeMy WebLinkAbout11607RESOLUTION NO. 11607 A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND HOEHN ARCHITECTS, PC, IN CONNECTION WITH THE PUEBLO CITY HALL AND MEMORIAL HALL ROOF REPLACEMENT AND EXTERIOR RESTORATION PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, proposals to provide professional services to the City with respect to the City Hall and Memorial Hall Roof Replacement and Exterior Restoration were received and examined, and WHEREAS, the Selection Committee has recommended the proposal of Hoehn Architects, PC of Denver, Colorado, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Professional Architectural Services dated May 11, 2009, between the City of Pueblo, a Municipal Corporation, and Hoehn Architects, PC, 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 $75,670.00 for said professional services shall be paid from Capital Project PL0806. A77TSTDD SY: CITY CLERK INTRODUCED: May 11, 2009 BY: Judy Weaver } Councilperson APPR D' } �- PRESIDENTaf Cfty Council WHO SRI Background Paper for Proposed RESOLUTION AGENDA ITEM # 5 DATE: MAY 11, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND HOEHN ARCHITECTS, PC, IN CONNECTION WITH THE PUEBLO CITY HALL AND MEMORIAL HALL ROOF REPLACEMENT AND EXTERIOR RESTORATION PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve an agreement for professional architectural services in the amount of $75,670.00 to Hoehn Architects, PC for the Pueblo City Hall and Memorial Hall Roof Replacement and Exterior Restoration? Approval of the Resolution. BACKGROUND On March 19, 2009, the City received eight (8) proposals from reputable companies responding to a Request for Qualifications, Project No. 09 -024 for Architectural Services for the Restoration of the City Hall roof. (See attached summary of proposals) On March 26, 2009, the selection committee, which was made up of Mickey Beyer, Interim Director of Public Works; Naomi Hedden, Director of Purchasing; Kip Morphew, Superintendent of Buildings; Wade Broadhead, staff to the Historic Preservation Commission; and Bill Zwick, Landscape Architect /Project Manager reviewed the proposals based on the following selection criteria and weighted score: 1) Similar Project Design Experience, 50 %, 2) Overall experience of the firm, 20 %, 3) Key Personnel on the project team, 20% and 4) Firm's location to Pueblo, 10 %. Two firms were selected with scores in the upper 90 %, Humphries Poli Architects and Hoehn Architects, PC. The firm of Hoehn Architects, PC and their team of structural engineers, roofing consultants, material testing, and cost estimating were selected as the recommended firm. Hoehn Architects, PC also has proven experience working with SHF grant projects and historical preservation of municipal buildings. The project Scope of Work consists of 1) analysis and assessment, preparation of plans and specification for restoration of the drainage systems (integral gutters); 2) replacement of roofing and flashing (barrel tile); 3) restoration of the cupola structure; and 4) repointing and cleaning the upper 25% of the exterior masonry and terra cotta. The Scope of Services includes: 1) Assessment, Evaluation and Preliminary Design (Draft Preservation Plan) 2) Final Design (Final Preservation Plan) 3) Construction Documents 4) Construction Administration Services The Architectural Fees are in the amount of $75,670. Funding for the project in the amount of $850,000 (PL0806) is as follows: State Historical Fund $200,000 Dept of Local Affairs EIAF $200,000 Insurance Claim for hail damage to roof $201,653 City General Fund $248,347 Total Funds $850,000 FINANCIAL IMPACT Funds in the amount of $850,000.00 have been budgeted and appropriated and established as a Capital Project No. PL0806 by Ordinance No. 7925, November 10, 2008. Funds in the amount of $75,670.00 for Architectural Services are available from the Capital Project No. PL0806. PROJECT: 09 -024, FY2009 Architectural Services for City Hall Roof, Gutter and Masonry Restoration RFP Evaluation Summary DATE: 0311912009 TIME: 2:00:00 PM O1 Raw Score by VENDOR (scale: 10 highest to 1 lowest) 4 I I I Evaluator' Preservation LU R ; TA Duke Hoehn Humphries Poli SLATERPAUL Atkin Olshin Gardner, Gifford Spumk LL Assoc. Architects Arch. Studio L Arch, Shade Froel on Assoc. BZ 4 9 8 9 9 8 II I � 6 7 II I !� NH I ! I 5 10 10 10 10 10 7 7 - - m MB�I 5 9 9 10 9 9 9 9.6 m WB 5 10 10 7 10 6 5 8 ' i a m KM 8 9 10 9 8 7 7 8 • Average 5.00 9.40 I 9.40 9.00 9.20 8.00 6.80 I l l 7.92 Score 13Z 5 9 8 B 8 6 6 6 NH 1 1 � 1 8 t 1 0 i 10 I 8 8 MB 5 7.5 7.5 9 7.5 7.5 7.5 9 --- m ! WB 6 9 10 7 10 7 7 9 KM II ' I 6 9 10 7 9 I I 7 7 II'I 10 O A verag e I 6.40 8 9.10 7.80 I 8.90 7.50 7.10 8.40 I! I BZ 5 9 8 8 7 7 7 6 7 10 10 9 ! 10 10 8 8 NH ._ _ 5 c B 9 9.5 10 10 8.5 8.5 10 ° I III N c we 6 10 9 7 9 7 7 8 >? - r -- - - - -- -- --- - -- 2. KM 8 10 j 7- 8 7 ,. 7 10 1 III - -- - . _ _i Average I I I 6.20 9.60 9.30 8.20 8.80 1 7.90 7.50 6.40 Score I BZ'. 10 10 10 10 !�, 10 I 5 10 10 a NH 10 ! 10 10 10 '' 10 5 10 10 I 0 ° o MB 10 10 10 10 10 5 10 10 E o - 2 WB 10 10 10 10 10 5 10 10 I I I ~ 10 10 10 I ! I 10 i 5 10 !!, 10 LL KM 10 III 1 II I 15.00 I 1 I A score 10.00 I 'I 10.00 II 10.00 10.00 I 10.00 10.00 10.00 Page 1 of 2 PROJECT: 09 -024, FY2009 Architectural! RFP Evaluation Summary DATE: 03119/2009 TIME: 2:00:00 PP 0 p Weighted Score by VENDOR (total possible = 100 %) Evaluator' � U •d l �� F Hunig, W Q 3 TA Duke Hoehn Humphnes Poli Preservation SLATERPAUL Atkin Olshin Gartlner, Gffortl Spurck LL Assoc. Architects Arch. Studio L Arch. Shade Assoc. I BZ � NH I x LU J i LM M8 v N WB o w` KM I I u) ,-IAverage 25.0% 47.0% 47.0% 45.0% 46.0% i 40.0% 34.0% ( 39.6% Score BZ III I'I NH MS N ; � ` m WB m � O KM j _Average ------------ -��.��� 12.8% 17.8% 18.2% 15.6% y 17.8% 15.0% I I I 14.2% ly 16,8% Scare BZ E I - NH Q n MB 0 0 N N N - WB I iL KM Average 12.4% 19.2% 18.6% 16.4% j 17.6% 15 8% 15.0% 16,8% Score i BZ I ° NH d n I -° T M8 'E o n WB _N € KM LL -Average - - - - - - - - - - - - - ! I 10.0% 10.0% 10.0% 10.0% 10.0% 5.0% 10.0% 10.0% Score 60.2% 94.0% 93.8% 87.0% 91.4% 75.8% 73.2% 83.2% Page 2 of 2 Architectural Services for City Hall roof, Gutter and Masonry Restoration Project 09 -024, Selection committee, March 26, 2009 Consultant Teams, in order of rating selection recommendation: Hoehn Architects PC Prime: Hoehn Architects PC Roof Consult.: Facility Engineering Associates, PC Structural Eng.: Facility Engineering Associates, PC Masonry/ Mat'I. Asst.: Building Restoration Specialists, Inc. Cost Est.: Spectrum General Contractors, Inc. Humphries Poli Architect Prime: Roof Consult.: Structural Eng.: Masonry/ Mat'I. Asst. Slaterpaull Architects Humphries Poli Architects RoofTech Consultants Studio NLY The Collaborative Prime: Slaterpaull Architects Roof Consult.: Foothills Roof Services Structural Eng.: JVA Consulting Engineers Masonry/ Mat'I. Asst.: Slaterpaull Architects The Preservation Studio at SASPC Prime: Roof Consult.: Structural Eng.: Masonry/ Mat'I. Asst. Gifford Spurck Associates The Preservation Studio Weathercraft Company HCDA Engineers Professional Restoration and Repair Prime: Gifford Spurck Associates Roof Consult.: Cave Consulting Group Structural Eng.: Martin /Martin Consulting Engineers Masonry/ Mat'I. Asst.: Gifford Spurck Associates Page 1 of 2 Architectural Services for City Hall roof, Gutter and Masonry Restoration Project 09 -024, Selection committee, March 26, 2009 Consultant Teams, in order of rating selection recommendation: Atkin Olshin Schade Architects Prime: Atkin Olshin Schade Architects Roof Consult.: Crocker & Associates Structural Eng.: AG Engineering Masonry/ Mat'l. Asst.: Crocker & Associates Cost Est.: White Construction Group Hurtiq Gardner, Froehlich Architects Prime: HGF Architects Roof Consult.: Cave Consulting Group Structural Eng.: Valentine Engineering/ Facility Engineering Associates Masonry/ Mat'I. Asst.: Facility Engineering Associates Cost Est.: Facility Engineering Associates T. A. Duke & Associates Prime: T. A. Duke & Associates Roof Consult.: Cave Consultants, Inc. Structural Eng.: AG Engineering & Environmental Services, Inc. ESI Electrical /Mechanical Engineer Page 2 of 2 STANDARD FORM OF AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES THIS AGREEMENT made and entered this 1 I' day of May, 2009 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Hoehn Architects, PC, a professional architect firm (hereinafter "Architect ") for Architect to render certain professional architectural and related services for Owner in connection with Pueblo City Hall and Memorial Hall Roof Replacement and Exterior Restoration, 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: [ ] - Study and Report Phase [ X ] - Preliminary Design (Schematic) Phase (Draft Preservation Plan) [ X ] - Final Design Phase (Final Preservation Plan) [ X ] - Construction Documents & Bidding Phase [XI - 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 of this 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 ofa 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. IS \SHARED92ESOLUTIONS \CITY HALL ROOF09 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION I.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: available data. (a) Consult with Owner to determine his requirements for the Project and review (b) Advise Owner as to the necessity of his providing or obtaining from others data or services of the types described in paragraph 2.2(c), and assist Owner in obtaining any such services. (c) Provide special analyses of Owner's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. (d) Identify and analyze requirements of governmental authorities and regulatory agencies involved in approval or permitting any aspect of Project. 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. (S:ISHARELFRESOLUTIONS TY HALL ROOP09 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION] 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 13 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 submitto 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 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 ' 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 Owners 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 13 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 (S.ISHARED \RESOLUTIONS \CITY HALL ROOF\09 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATIONI.DOC) -3- of changes. 28 copies of these final bid documents shall he furnished to Owner. Unless otherwise specified in 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 "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. 2.5 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 or contracts for construction of the Project, Architect shall: (a) Perform all duties and functions to be performed by Architect under the terms of the 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 of the construction work. (g) Review shop drawings, samples, product data and other submittals of the contractor for conformance with the design concept of Project and compliance with the Drawings, 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 (S: \SHARED \RESOLUTIONS \CITY HALL ROOF09 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION LDOC) SE 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, 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 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. (e) Architect acknowledges that, due to the nature ofarchitectural and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and (S: \SHARED \RESOLUTIONSICITY HALL ROOR09 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION] DOC) -5- 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 assignor 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, 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 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 ". 2.7 Requirements Where Federal Assistance Provided. [THIS SECTION RESERVED - NOT APPLICABLE TO THIS CONTRACT] or [ADD FEDERAL REQUIREMENTS HERE] 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. (S \SHARED\RESOLUTIONS \CITY HALL ROOF\09 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION LDOC) (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. (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 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 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, 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 (S9SHAREMRFSOLU'rIONS \CITY HALL ROOF\09 -024 PROFESSIONAL SVCS AGREEMENT -ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION DOC) -7- 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 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 2.6(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 services with that level of care and skill ordinarily exercised by professional Architects specializing in historic preservation 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 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 (SdSHARED1RESOLUTIONSICITY HALL ROOR09 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATIONLDOC) I 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, 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 andjudgments arising from the use of such designs, Drawings or Specifications for such other project. (b) Use Of Architect's Documents. The Architect acknowledges that the project, which is the subject of this Agreement, is being funded in part by a grant from the Colorado Historical Society, State Historical Fund (Society). The Architect agrees that, in the event of a conflict between the terns of the grant contract and this Agreement, the terms of the grant contract shall prevail. All products that are submitted to the Society either by the Architect or the Owner will become matters of public record. Notwithstanding any other provision in this Agreement to the contrary, the Architect hereby grants to the Society, for all copyrightable materials and/or submittals developed or produced under this contract, a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, display, perform, prepare derivative works or otherwise use, and authorize others to reproduce, publish, display, perform, prepare derivative works, or otherwise use, the work or works for Society and /or State Historical Fund purposes. (c) 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 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 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, and One Million and No /100 (SiSHARED\RESOLUTIONSICITY HALL ROOR09 -024 PROFESSIONAL. SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION LDOC) 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 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, first -class postage prepaid, addressed to the Owner, Attention: Director of the Department of Public Works, 211 E. "D" Street, Pueblo, Colorado, or to the Architect at 50 Pennsylvania St., Denver, CO 80203. 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. 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 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 Severability 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. (S: \SHAREDIRESOLUTIONS \C(TY HALL ROOIA09 -020 PROFESSIONAL SVCS AGREEMENT -ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION LDOC) _10- 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 prior to execution of this Agreement. 7.12 Access to Properly 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 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, 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 3 pages. 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 (S. \SFIAREDURESOLUTIONS \CITY HALL ROOF\09 -024 PROFESSIONAL SVCS AGREEMENT-ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RF.STORATIONLDOC) 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 Contract, Contractor shall submit to the Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the "E- Verify Program" created in Public Law 208, 104" 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 §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 Contract. (b) Consultant shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this contract; (II) Enter into a contract with a subconsultant that fails to certify to Consultant that the subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this contract. (c) The following state - imposed requirements apply to this contract: (1) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E- Verify Program or Department Program. (11) The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre - employment screening ofjob applicants while this Contract is being performed. (III) Ifthe Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: A. Notify the subconsultant and the Client's Purchasing Agent within three (3) days that the Consultant has actual knowledge that the subconsultant is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subconsultant ifwithin three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subconsultant does not stop employing or contracting with the illegal alien; except that the Consultant 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 Consultant 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 1 I by the Consultant shall constitute a breach of contract and grounds for termination. In the event of such termination, the Consultant shall be liable for Client's actual and consequential damages. (S \SHAREMRESOLUTIONSUTY HALL ROOFW9 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATIONI.DOC) -12- (e) As used in this Section 11, the term "subconsultant" shall mean any subconsultant or subcontractor of Consultant rendering services within the scope of this Agreement. SECTION 12. PERA LIABILITY The Contractor shall 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 Appendix D and submit the completed form to City as part of the signed Agreement. SECTION 13. SOLE SOURCE GOVERNMENT CONTRACTS: LIMITATIONS UPON CAMPAIGN CONTRIBUTIONS (a) Section 15 of Article XXVIII of the Colorado Constitution is hereby incorporated into this agreement by reference. Sections 15 and 17 of Article XXVIII of the Colorado Constitution provide as follows: Section 15: Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration ofthe contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. Section 17: (1) Every sole source government contract by the state or any of its political subdivisions shall incorporate article XXVIII, section 15, into the contract. Any person who intentionally accepts contributions on behalf of a candidate committee, political committee, small donor committee, political party, or other entity, in violation of section 15 has engaged in corrupt misconduct and shall pay restitution to the general treasury of the contracting governmental entity to compensate the governmental entity for all costs and expenses associated with the breach, including costs and losses involved in securing a new contract if that becomes necessary. If a person responsible for the bookkeeping of any entity that has a sole source contract with a governmental entity, or if a person acting on behalf of the governmental entity, obtains knowledge of a contribution made or accepted in violation of section 15, and that person intentionally fails to notify the secretary of state or appropriate government officer about the violation in writing within ten business days of learning of such contribution, then that person may be contractually liable in an amount up to the above restitution. (2) Any person who makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. (3) The parties shall agree that if a contract holder intentionally violates section 15 of section 17(2), as contractual damages that contract holder shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. The governor may temporarily suspend any remedy under this section during a declared state of (S. \SHAREMI(ESOLUTIONS \CITY HALL ROOF109 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION LDOQ 13- emergency. (4) Knowing violation of section 15 or section 17(2) by an elected or appointed official is grounds for removal from office and disqualification to hold any office of honor, trust or profit in the state, and shall constitute misconduct or malfeasance. (5) A registered voter of the state may enforce section 15 or section 17(2) by filing a complaint for injunctive or declaratory relief or for civil damages and remedies, if appropriate, in the district court. (b) This section applies only to sole source government contracts and does not apply to any contract, which used a public and competitive bidding process in which the City solicited at leastthree bids prior to awarding the contract. (c) Contractor certifies, warrants, and agrees that it has complied and will comply with Colorado Constitution Article XXVIII, including but not necessarily limited to the following prohibitions and obligations: (1) If during the term of the contract, contractor holds sole source government contracts with the State of Colorado and any of its political subdivisions cumulatively totaling more than $100,000 in a calendar year, then for the duration of this contract and for two years after, contractor will not make, cause to be made, or induce by any means a contribution, directly or indirectly, on behalfof contractoror contractor's immediate family member(s) for the benefit of any political party or for the benefit of any candidate any elected office of the State or any of its political subdivisions; and (2) Contractor represents that contractor has not previously made or caused to be made, and will not in the future make or cause to be made, any contribution intended to promote or influence the result of a ballot issue election related to the subject matter of this contract; and (3) Contractor will satisfy contractor's obligations to promptly report to the Colorado Department of Personnel & Administration ( "CDPA ") information included in the CDPA's "Sole Source Government Contract Summary" and "Contract Holder Information" forms regarding this contract and any other sole source government contracts to which contractor is a party, and shall contemporaneously provide a copy of such report(s) to City's Purchasing Agent; and (4) Contractor understands that any breach of this section or of Contractor's responsibilities under Colorado Constitution Article XXVIII may result in either contractual or constitutionally mandated penalties and remedies; and (5) A Contractor that intentionally violates Colorado Constitution Article XXVIII, Section 15 or 17(2), shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions for three years; and (6) By execution of this contract, Contractor hereby confirms it is qualified and eligible under such provisions to enter into this contract. (d) For purposes of this section, the term "contractor" shall include persons that control ten percent or more shares or interest in contractor, as well as contractor's officers, directors, and trustees. The IS:\SHAREDARESOLUTIONTCITY HALL ROOF,09 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATIONI DOC) _14_ term "immediate family member" shall include a spouse, child, spouse's child, son -in -law, daughter -in -law, parent, sibling, grandparent, grandchild, stepbrother, stepsister, stepparent, parent -in -law, brother -in -law, sister -in -law, aunt, niece, nephew, guardian, or domestic partner. All other terms and phrases used in this section shall have the meanings defined in Article XXVIII of the Colorado Constitution. (e) In the event any provision of Article XXVIII of the Colorado Constitution is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction in a non - appealable action, has been repealed retroactively or otherwise found to not apply to this contract or agreement, then the corresponding requirement or requirements of this section shall have no further force and effect, and shall not constitute a requirement of this contract, as of the date of such holding, declaration, repeal or determination. 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 Lie... President of the City Council Attest: City CI ARCHITECT By Title: President Hoeh rchitects PC [SEAL] BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. Director of Finance APPROVED AS TO FORM: City A rn (S: \SHARED\RESOLUTIONS \CITY HALL R00909 -024 PROFESSIONAL. SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION LDOC) - 15 - Pueblo City and Memorial Halls Roof Replacement and Exterior Restoration Appendix A SCOPE OF SERVICES Project Purpose The purpose of the project is to prepare construction documents and provide construction administration services for the reconstruction of the roof and associated waterproofing system, the restoration and cleaning of the masonry and tile, and the restoration of the cupola/dome structure of the Pueblo City and Memorial Halls. Scope of Services The Scope of Services shall include the following four phases: 1. Assessment, Evaluation and Preliminary Design (Draft Preservation Plan): An architectural /engineering assessment and evaluation will occur for the replacement of the integral gutter system, the replacement of the roof system, the restoration of the masonry in critically damaged areas, and the restoration and structural stabilization of the cupola. A cost estimate will be prepared based upon the Preliminary Design recommendations. A draft preliminary design (or Draft Preservation Plan) will be submitted to the City of Pueblo and the SHF Historic Preservation Specialist for their review. 2. Final Design (Preservation Plan): A final design (or Preservation Plan) will be developed, based upon comments received from the City of Pueblo and the SHF Historic Preservation Specialist, and any additional assessment and evaluation required during this phase. A refined construction cost estimate and a construction schedule will be submitted along with the Final Design /Preservation Plan to the City of Pueblo's Project Manager for his review and approval. 3. Construction Documents: Construction documents, including drawings and specifications that are based upon the Preservation Plan, shall be prepared for bidding the project in accordance with the requirements of the Director of Public Works and the City's procurement process. The final selection of materials and equipment will be closely coordinated with the City's Project Manager, the Building Superintendent, and the SHF Historic Preservation Specialist. At least one Final Office Review (FOR) meeting will occur with the City of Pueblo prior to bidding. 4. Construction Administration Services: The bid results will be reviewed and a written recommendation to the Owner will be prepared. Attendance at weekly progress meetings will occur in order to review the Contractor's Applications For Payment, to assist with the negotiation and preparation of change orders, and to review the progress of the construction work for adherence to the construction documents. The Contractor's submittals will also be reviewed during this phase. (S: \SHAREDIRESOLUTIONSICITY HALL ROOF109 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATIONI. DOC) Pueblo City and Memorial Halls Roof Replacement and Exterior Restoration Append&A SCOPE OF SERVICES Scope of Work The Scope of Work shall follow the State Historical Fund's Exhibit A (Project #2008 -02 -023): A. Perform analysis, assessment, plans and specifications for restoration of drainage systems; replacement of roofing and flashing, including replacement of roof penetrations; repair of cupola and dome structures; repointing of 25% of exterior masonry; and sealing of cracks in terra cotta ornament. B. Roofing and Waterproofing 1. Remove and replace existing modified roll roof with barrel tile roof and flashing per historical appearance. 2. Remove and replace integral gutter with copper gutter and metal flashing. 3. Install additional steel bracing to top chord of the steel trusses at base of cupola tower. 4. Replace metal shingles on cupola tower roof with copper metal shingles as appropriate. 5. Remove and replace louvers /venting at roof. C. Exterior Closures (Excluding doors and windows) 1. Remove and replace existing historic flue (8' -0" high) 2. Repoint deteriorated mortar of fagade at City Hall and Memorial Hall, including cupola tower. 3. Remove white coating from terra cotta at cupola tower. 4. Replace glazing compound at steel sash windows on cupola tower. 5. Remove coating at Corinthian columns on cupola tower. 6. Repoint existing terra cotta cornice at cupola tower. End of Exhibit A (SASHAREDHLESOLUTIONS�CITY IIALL ROOR09 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATIONLDOC) -1]- Pueblo City and Memorial Halls Roof Replacement and Exterior Restoration FEESCHEDULE FEE FOR SCOPE OF SERVICES: $75,670 Appendix B Assessment, Evaluation and Preliminary Design (Draft Preservation Plan): During this phase, an initial consultation with the SHF Historic Preservation Specialist will occur (PD #5). The before /existing condition photographs of areas to be treated (PD #6) and the historical photos /documentation of areas to be treated (PD #7) will be prepared and submitted to the City of Pueblo. Base drawings, including the roof plan, exterior elevations, and typical sections through the integral gutter /parapet and cupola will be prepared for use during this phase. A site visit will occur to assess the existing conditions for the preparation of the draft Preservation Plan. A preliminary cost estimate will be prepared based upon the preliminary design recommendations contained in the Preservation Plan. Fee: Architectural (HAPC): $8,480 Engineering (FEA Structural & Roofing): $10,920 Cost Estimating (Spectrum): $1,620 Reimbursables: Printing of draft Preservation Plan (13 copies): $130 Miscellaneous printing (1916 C.D.s, etc.): $200 Photo reproduction /photocopies (PDs #5 & #6): $ 35 Mileage for HAPC (220 miles x $0.50 /mile x 2 trips): $220 Mileage for FEA (260 miles x $0.50 /mile x 1 trip): $130 Total Fee for Phase I Not to Exceed: $21,735 2. Final Design (Final Preservation Plan): During this phase, responses to comments made by the City of Pueblo and the State Historical Fund regarding the draft preservation plan will be incorporated into a final Preservation Plan. A site visit will occur to assess additional existing conditions. Mortar samples will be taken for testing and analysis (PD #8). Cleaning materials will be tested on the masonry to test their effectiveness (PD #8). The results of the mortar and cleaning solution testing will be incorporated in the final Preservation Plan. A refined construction cost estimate and a construction schedule will be developed and submitted with the final Preservation Plan. Fee: Architectural (HAPC): $3,200 Engineering (FEA Structural & Roofing): $3,300 Materials Testing for mortars & cleaning materials (BRS): $840 Cost Estimating (Spectrum): $1,080 Reimbursables: Printing of final Preservation Plan (13 copies): $130 Mileage for HAPC (220 miles x $0.50 /mile x 1 trip): $110 Mortar Samples ($442.50 each x 4 max. anticipated): $1,770 Total Fee for Phase 2 Not to Exceed: $10,430 (S: \SHARED\RESOLUTIONS \CITY HALL ROW09 -024 PROFESSIONAL SVCS AGREEMENT -ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION I.DOC) 2" Pueblo City and Memorial Halls Roof Replacement and Exterior Restoration Appendix B 3. Construction Documents: Additional base drawings that were not developed during the first phase will be prepared during this phase. The construction documents, including drawings and specifications that are based upon the approved Preservation Plan, will be prepared (PD #11). At least one Final Office Review (FOR) meeting will occur with the City of Pueblo prior to bidding. Fee: Architectural (HAPC): $11,040 Engineering (FEA Structural & Roofing): $1,500 Reimbursables: Printing of Bid Documents (28 sets a $25 each): $700 Miscellaneous Printing (For coord., SHF, etc.) $100 Mileage for HAPC (220 miles x $0.50 /mile x 3 trips): $330 Total Fee for Phase 3 Not to Exceed: $13,670 4. Construction Administration Services: The Architect will conduct an on -site pre -bid walk- through of the project and assist the City of Pueblo review the bid results. A preconstruction meeting with the SHF Historic Preservation Specialist (PD #12) will occur during this phase. Attendance at weekly progress meetings over an eight month construction duration will occur in order to review the progress of the construction work for adherence to the construction documents, to review the Contractor's Applications for Payment, to assist with the negotiation and preparation of change orders, and to review the mock -up of mortars and cleaning solutions (PD # 13). A Maintenance Plan (PD # 15) will be prepared at the end of this project. "After" photographs of areas affected by the scope of work (PD # 16) will be prepared and submitted to the City of Pueblo. Fee: Architectural (HAPC): $21,280 Engineering (FEA Structural & Roofing): $4,140 Reimbursables: Miscellaneous Printing (For shop drawings, etc.):$100 Printing of Maintenance Plan (6 copies): $60 Mileage for HAPC ($1 10 /trip x 36 trips): $3,960 Mileage for FEA ($130 /trip x 2 trips): $260 Photo reproduction /photocopies (PD #16): $35 Total Fee for Phase 4 Not to Exceed: $29,835 IS \SHAREDRESOLU I - IONS \CITY HAIL ROOF.09 -024 PROFESSIONAL SVCS AGREEMENT -ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATIONI DOC) il� Pueblo City and Memorial Halls Roof Replacement and Exterior Restoration Appendix B KEY PERSONNEL AND REIMBURSABLES: I. Prime Consultant: Hoehn Architects PC (HAPC) Principal Architect: $80/hour Project Manager /Project Architect: $80/hour Technical Staff: $80/hour Administrative: $80/hour 2. Structural Engineer & Roofing Consultant: Facility Engineering Associates, PC (FEA) Principal /Program Manager: $164.94/hour Associate /Task Manager: $136.85 /hour Senior Project Manager: $133.22/hour Registered Professional /Project Manager: $127.69/hour Project Engineer: $109.88/hour Staff Engineer: $94.36 /hour Technician: $77.71 /hour Cadd: $72.18/hour Secretary/Clerical: $44.41 /hour 3. Materials Testing Consultant: Building Restoration Specialties, Inc. (BRS) Project Manager: $125/hour Assistant: $45 /hour 4. Cost Estimating Consultant: Spectrum General Contractors, Inc. Chief Estimator: $54/hour Administrative Assistant: $24.75/hour 5. Reimbursables a. Mileage: $0.50 per mile b. Photograph reproduction: $0.19 each C. 8 %" x 11" photocopies: $0.10 each d. 11 "x 17" photocopies: $0.20 each d. 24" x 36" drawing reproduction: $1.00 each e. Mortar sample: $442.50 each f Materials testing: $840 each trip g. Trip charge for HAPC: $110 each h. Trip charge for FEA: $130 each End of Exhibit B (S. lSIIAREDHIESOLUTIONKCITY I [ALL ROOFl09 -024 PROFESSIONAL SVCS AGREEMENT-ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATIONLDOC) -20- Pueblo City and Memorial Halls Roof Replacement and Exterior Restoration Appendix C IDENTIFICATION OF PERSONNEL AND TASK RESPONSIBILITY Prime Consultant: Hoehn Architects PC 50 Pennsylvania Street Denver, CO 80203 Telephone: 303 - 282 -3884 E -Mail: tkhoehnamho.net Project Manager: Kristine Hoehn, President Project Architect: Timothy Hoehn, Vice President 2. Structural Engineer & Roofing Consultant: Facilitv Engineering Associates, PC 445 Union Boulevard, Suite 120 Lakewood, CO 80228 Telephone: 303 - 984 -7300 E -Mail: jay.bleier(c�feaQc.com Project Manager: Jay Bleier, P.E., Associate Roofing Consultant: James Young, Project Engineer Associate -in- Charge: Leslie ZumBrunnen, P.E. 3. Materials Testing Consultant: Building Restoration Specialties, Inc 3060 Walnut Street Denver, CO 80205 Telephone: 303 - 297 -2004 E -Mail: rmaas _ brsrestores.com Project Manager: Rhonda Maas, President 4. 5135 E. 38 "' Avenue Denver, CO 80207 Telephone: 303 - 329 -8003 E -Mail: ioelsCaa�spectrumgc com Chief Estimator: Joel Sydlow End of Exhibit C (S \SHARED\RESOLUTIONS \CITY HALL ROOR09 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CITY HALL ROOF GUTTER AND MASONRY RESTORATION LDOC) - COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Appendix D 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 or of 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 independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes_, NOX, (Must sign below whether you answer "yes" or ,. 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 Name Address Social Security Number Social Security Number (If more than two, please attach a supplemental list) If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any 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. 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. Signed m a u I 20 � . O � �n Ar chif ect P G A Ilk §i i For purposes of responding to question (b) above, an "affiliated party" 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. IS ISHAREDIRESOLUTIONS',Cn'Y HALL ROOR09 -024 PROFESSIONAL SVCS AGREEMENT - ARCHITECTURAL SERVICES FOR CI "rY HALL ROOF GUTTER AND MASONRY RESTORATIONLDOC) -22-