HomeMy WebLinkAbout12071RESOLUTION NO. 12071
A RESOLUTION APPROVING AN AGREEMENT FOR
PROFESSIONAL ARCHITECTURAL SERVICES
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND
SEMPLE BROWN DESIGN, P.C., IN CONNECTION WITH
THE PUEBLO MEMORIAL HALL AUDITORIUM
RENOVATION PROJECT AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, Semple Brown Design, P.C. was selected to provide professional
services to the City and completed the 2000 for City Hall and Memorial Hall Restoration
Master Plan; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement for Professional Architectural Services dated January 24, 2011,
between the City of Pueblo, a Municipal Corporation, and Semple Brown Design, 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 $1,022,854 for said professional services shall be paid
pursuant to an Agreement with the Urban Renewal Authority of Pueblo.
INTRODUCED: January 24, 2011
BY: Larry Atencio
Background Paper for Proposed
R
ESOLUTION
DATE: JANUARY 24, 2011 AGENDA ITEM # M-12
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 SEMPLE BROWN
DESIGN, P.C., IN CONNECTION WITH THE PUEBLO MEMORIAL HALL AUDITORIUM
RENOVATION 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 $1,022,854 to Semple Brown Design, P.C. for the Pueblo Memorial Hall Auditorium
Renovation Project?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
In 2000, Semple Brown Design was selected to provide professional services for the master
plan for City Hall and Memorial Hall Auditorium. They were selected for their specialty in
historical theater design and restoration. In 2010, the Citizens of Pueblo approved a $10 Million
Bond to pay for the renovation and maintenance of the Memorial Hall Auditorium. Semple
Brown Design was selected to complete the design and construction documentation to complete
the project.
The project Scope of Work consists of the design of an addition on the back of the building,
enlarging the orchestra pit and stage area, reseating and configuring the audience space in the
main hall and balcony, providing new restrooms, installing an air conditioning system and
heating system, installing new audio and lighting equipment and restoration of the interior
spaces. The Architectural Fees are in the amount of $1,022,854.
FINANCIAL IMPACT
Funds in the amount of $1,022,854 for professional services will be paid pursuant to an
Agreement with the Urban Renewal Authority of Pueblo, which will be approved by City Council
by Ordinance.
STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
THIS AGREEMENT made and entered this 24 day of January, 201 1 by and between the City of
Pueblo, a Municipal Corporation (hereinafter "Owner ") and Semple Brown Design, P C., a professional
architect firm (hereinafter "Architect ") for Architect to render certain professional architectural and related
services for Owner in connection with the Pueblo Memorial Hall Renovation 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
[ ] - Preliminary Design (Schematic) Phase
[ ] - Final Design Phase
[ ] - Construction Documents & Bidding Phase
Rii 1 - 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, 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 ofa 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
(Agreement For Professional Architectural Services - CA Apprd 11/08/10)
- 1-
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
(a) Consult with Owner to determine his requirements for the Project and review available
data.
(b) Advise Owner as to the necessity of his providing or obtaining from others data or
services of the types described in paragraph 2.2(c), and assist Owner in obtaining any such services.
(c) Provide special analyses of Owner's needs, planning surveys, site evaluations and
comparative studies of prospective sites and solutions.
(d) Identify and analyze requirements of governmental authorities and regulatory agencies
involved in approval or permitting any aspect of Project.
(e) Provide general economic analysis of Owner's requirements applicable to various
alternatives.
(0 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 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.
(Agreement For Professional Architectural Services — CA Apprd 11/08/10)
- 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 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 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 15 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. copies of these final bid documents shall be furnished to Owner Unless otherwise specified in
(Agreement For Professional Architectural Services — CA Apprd 11/08/10)
-3-
I
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 of the work
and advise the Owner as to same. The frequency and level of observation shall be commensurate with the
nature of the work and size of the Project, except that any specific provisions set forth in Appendix A - Scope of
Services concerning the level of observation shall determine Architect's obligation concerning level of
observation.
(c) Make determinations as to whether the work is proceeding in accordance and
compliance with the construction contract documents.
(d) Promptly advise the Owner in writing of any omissions, substitutions, defects or
deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project.
(e) Reject any work on the Project that does not conform to the contract documents.
(f) On request of the Owner the construction contractor or any subcontractor on the
Project, issue written interpretations as to the Drawings and Specifications and requirements of the construction
work.
(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.
(Agreement For Professional Architectural Services — CA Apprd 11/08/10)
-4-
(h) Review all applications of Contractor for payment and in connection with same, issue
certificates for payment to the Owner for such amounts as are properly payable under the terms of the
construction contract. Each such certificate shall constitute Architect's representation to Owner that he has
inspected the Project and that to the best of his knowledge, the work for which payment has been sought has
been completed by Contractor in accordance with the Drawings, Specifications and other contract documents.
(i) Subject to written concurrence by Owner, promptly render a written recommendation
to Owner concerning all proposed substitutions of material and equipment.
(j) 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.
(I) 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 of architectural and related professional
services and the impact of same on the Project, the Owner has a substantial interest in the personnel and
(Agreement For Professional Architectural Services — CA Apprd 11 /08 /10)
-S -
consultants to whom Architect assigns principal responsibility for services performed under this Agreement.
Consequently, Architect represents that Architect has selected and intends to employ or assign the key personnel
and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task
Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within
10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the
Project of any such key person, consultant or assignment of principal responsibility, in which case Architect will
employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no
reasonable objection. Thereafter, Architect shall not assign or reassign Project work to any person to whom
Owner has reasonable objection.
Within 5 days of execution of this Agreement, Architect shall designate in writing a Project
representative who shall have complete authority to bind Architect, and to whom Owner should address
communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from
Owner to proceed, Architect shall submit to Owner for approval a schedule showing the order in which
Architect proposes to accomplish his work, with dates on which he will commence and complete each major
work item. The schedule shall provide for performance of the work in a timely manner so as to not delay
Owner's time table for achievement of interim tasks and final completion of Project work, 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 Resuirements Where Federal Assistance Provided. Select one
[THIS SECTION RESERVED - NOT APPLICABLE TO THIS CONTRACT]
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
(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
(Agreement For Professional Architectural Services — CA Apprd 11/08/10)
-6-
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, an amount not to exceed $1,035,869 in the aggregate, and not to exceed those maximum amounts
set forth in Appendix B - "Fee Schedule" and computed in accordance with this Section. In the event
compensation for services is set forth in Exhibit B as to each phase of work indicated in Section 1 1 of this
Agreement, the maximum amount of compensation for any phase shall not exceed the amount specified in
Appendix B for such phase.
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.
(Agreement For Professional Architectural Services — CA Apprd 11/08/10)
-7-
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 the design of Public Assembly Facilities 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
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
(Agreement For Professional Architectural Services — CA Apprd 11/08/10)
-8-
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) Advertising. Unless specifically approved in advance in writing by Owner Architect
shall not include representations of the Project in any advertizing 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 proofofthe
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. Prior review and approval by Owner shall not be
required with respect to Architect simply identifying Owner and the Project, and basic information concerning
the Project, in any resume of completed projects submitted by Architect to third parties in qualification
statements and responses to requests for proposals or qualifications.
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
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 Earl Wilkinson, Department of Public Works, 211 E. "D" Street, Pueblo, Colorado, or to the
Architect at Semple Brown Design, P C., 1160 Santa Fe Drive, Denver, CO 80204 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
(Agreement For Professional Architectural Services — CA Apprd I (/08/10)
-9-
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. In the event of any conflict between any provision of this Agreement and a provision of any
Appendix or attachment to this Agreement, the provision in this Agreement shall control and supersede the
conflicting provision in the Appendix or attachment. Any inconsistent resolution provision in any attachment to
this Agreement shall be 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 loan 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 or loan, 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 prior to
execution of this Agreement.
(Agreement For Professional Architectural Services — CA Apprd 11/08/10)
— 10 —
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
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 3 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 codes, ordinances and
regulations as they apply to the Project.
SECTION 11 — 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, 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 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.
(Agreement For Professional Architectural Services - CA Apprd 11/08/10)
- 1 1 -
(b) Architect shall not:
(I) 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 Architect 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:
(I) The Architect shall have confirmed or attempted to confirm the employment eligibility
of all of its employees who are newly hired for employment to perform work under this Agreement
through participation in either the E- Verify Program or the Department Program.
(II) The Architect is prohibited from using the E -Verify Program or Department Program
procedures to undertake pre - employment screening of job applicants while this Agreement is being
performed.
(III) 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)(III)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 Owner's actual and consequential
damages.
(Agreement For Professional Architectural Services - CA Apprd 11/08/10)
- 12 -
(e) Nothing in this Section shall be construed as requiring the Architect to violate any terms of
participation in the E- Verify Program.
(f) Violation of this Section 11 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 with 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 Exhibit D and submit the completed form to City as part
of the signed Agreement.
SECTION 13. RESERVED
(Signature page follows)
(Agreement For Professional Architectural Services — CA Apprd 11/08/10)
- 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, A MUNICIPAL ARCHITECT
CORPORATION
Name. Se251
v .\ en ,,,,,, v �
By '411111PAPP
President o the i Council
Title - vti�.- rts■
Attest:
City C k
[SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
- V ( 7\7`^-NA
Director of Finance
APPROVED AS TO FORM
77;°.
City Attorne
(Agreement For Professional Architectural Services — CA Apprd 11 /08 /10)
- 14-
Pueblo Memorial Hall
APPENDIX `A' — SCOPE OF SERVICES
January 24, 2011
Semple Brown Design, P C and its Sub - Consultants will provide the following services
in connection with the renovation of the Memorial Hall Auditorium Project:
1. Preliminary Design (Schematic) Phase
The goal of this phase is to provide preliminary design documents based on study and
concept reports previously completed by the Consultant and providing additional
design based on needs assessment, program and exploration of options of site and
building design.
Semple Brown will develop and provide to the City the following items during this
phase
o Needs Assessment (elaborate on user needs and utilities, codes, A.D.A.,
etc.)
o User Programming
o Stage design
o Orchestra pit options with placement of the historic organ
o Historical architecture
o Interior design
o Perimeter site design including internal vehicular and pedestrian
circulation parking lot, streetscape and Grand Avenue right of way
improvements, utility plant, and landscaping. Perspective views of the site
will be generated as 3D models using Sketch Up software
o Building designs will feature alternate layouts with necessary sketches and
elevations provided as color renderings.
o Semple Brown will recommend to the City methods for energy efficiency
through appropriate design.
o Consult with the exterior architect consultant with recommendation for
restoration of windows, doors and other components.
o Cost estimations will be included in the presentation to the City
o Coordinate with the City Hall Design Team.
o Meet and coordinate with staff and Design Team on a regular basis.
o Presentation materials will be provided for distribution to Historic
Preservation Commission, Planning and Zoning Commission and City
Council as needed. A presentation to City Council will be required.
o Prepare written and graphic materials to assist with presenting the project
for reviews by the City staff.
o Present project updates at City Council meetings.
2. Final Design Phase
The goal of this phase is to develop the preliminary design options and information of
the renovation to greater specificity, in preparation for final bidding and construction
documentation.
Page 1 of 3
Pueblo Memorial Hall
APPENDIX `A' — SCOPE OF SERVICES
January 24, 2011
Semple Brown will produce coordinated technical cnteria, written descriptions
and design data for all aspects of the Project in this phase. Major elements
including building structure, mechanical, plumbing, fire protection, electrical, and
telecommunications systems are designed and coordinated through enlarged scale
drawings, detailed plans, elevations and sections. This documentation will
include, at a minimum, the final design criteria to be used for developing
Construction Documents as well as draft specifications for determination of
construction materials and systems. The documentation of this phase will include
a detailed cost estimate by Semple Brown's sub - consultant, H.W Houston
Construction, to confirm conformance with the Project Budget.
Presentation materials will be provided for distribution to Historic Preservation
Commission, Planning and Zoning Commission and City Council as needed. A
presentation to City Council will be required. Prepare written and graphic
materials to assist with presenting the project for reviews by the City staff
Present project updates at City Council meetings.
Documentation of the final, developed design will be provided and presented to
the City for review and approval.
3. Construction Documentation and Bidding Phase
The goal of this phase is to develop the Final Design documentation to the level
of final bidding and construction documentation as well as to assist the City in
obtaining bids for construction of the project.
Semple Brown will develop a coordinated suite of construction documents in
accordance with Section 2.4 of the Agreement, including but not limited to
detailed drawings and specifications suitable for bidding and construction of all
designated elements of the project scope. These documents of service will
conform to the applicable codes and regulations in force at the time of the project,
including Building Codes, the Life Safety Code, Uniform Fire Codes,
ADAAG /ADA and other relevant codes as designated by the City of Pueblo
Intermediate review packages will be provided to the City at the 70% and 90%
completion stages of document preparation. The review comments of the City
will be incorporated into the documents before release for bidding.
A detailed construction estimate by Semple Brown's sub - consultant, H.W
Houston Construction , to confirm conformance with the Project Budget will be
developed for each of these two progress sets.
Semple Brown will assist the City in administering the bidding of the project by
attending a pre -bid conference, responding to bidders' questions via formal
Page 2 of 3
Pueblo Memorial Hall
APPENDIX `A' — SCOPE OF SERVICES
January 24, 2011
Addenda, reviewing bids received and making recommendations to the City
regarding the bids submitted.
4 Construction Management Phase
The goal of this phase is to assure that the construction of the Project proceeds
properly, in harmony with the Construction Documents and delivers to the City of
Pueblo a completed facility that meets their needs and expectations.
Semple Brown's role in this phase is to provide the City with advice and
recommendations so as to protect the City's interests as well as oversee the
closeout of the Project so that it is ready for occupancy on schedule and within the
budget parameters.
Semple Brown will provide services during the construction phase in accordance
with Section 2 5 of the Agreement, including but not limited to, attending
construction meetings, making on -site observations at regular intervals, providing
written documentation of these observations accompanied by photographs,
reviewing shop drawings and applications for payment, responding to the
Contractor's requests for information, preparing Change Orders and other
construction phase documentation, review construction closeout documentation
and prepare record drawings per the City of Pueblo Agreement for the
Construction Phase.
The provision of this Appendix `A' are intended to supplement the Agreement
and are not to considered as a substitution for or modification of any provisions or
the Agreement.
5. City Participation
The City will perform the following tasks
o Coordinate project tasks and activities with the Consultant and the
exterior restoration architect and the City Hall architect.
o Make available to the Consultant the site improvement survey
performed by the City Hall architect team.
o Provide soil and geotechnical testing as recommended by the
Consultant.
o Provide regulatory action such as vacation of easements, re- platting,
etc
o Provide Hazardous Material Testing and Abatement Study for the
building.
Page 3 of 3
Pueblo Memorial Hall
APPENDIX `B' — FEE SCHEDULE
January 24, 2011
1 Preliminary Design (Schematic) Phase (Jan. 4 through Mar 16, 2011)
A/E Fees $143,476
Reimbursable Expenses $ 7,399
Issue early bid package for Utility Infrastructure Mar 23, 2011
Total Fee for Phase 1 Not to Exceed $159,155
2. Final Design Phase (Mar 1 through June 8, 2011)
A/E Fees $200,042
Reimbursable Expenses $ 9,865
Total Fee for Phase 2 Not to Exceed $209,907
3. Construction Documentation and Bidding Phase (May 27 through Dec. 21, 2011)
Construction Documentation Phase (May 27 through Oct. 5, 2011)
A/E Fees $382,603
Reimbursable Expenses $ 19,730
Bidding Phase (Oct. 6 through Dec. 21, 2011)
A/E Fees $ 47,825
Reimbursable Expenses $ 2,467
Total Fee for Phase 3 Not to Exceed $452,625
4 Construction Management Phase (Dec. 22, 2011 through Dec. 12, 2012)
A/E Fees $191,302
Reimbursable Expenses $ 9,865
Total Fee for Phase 4 Not to Exceed. $201,167
GRAND TOTAL A/E FEES AND EXPENSES. $1,022,854
Reimbursables may include: Mileage, Photograph reproduction, 8' /z" x 11" and 11" x 17"
photocopies, 24" x 36" drawing reproduction and Materials testing
Pueblo Memorial Hall
APPENDIX `B' — FEE SCHEDULE
January 24, 2011
Design Team Hourly Rates
Semple Brown Design, P.C. Hourly Rates Schedule 2011
Principal. $185 00 to $235/hour
Project Manager /Project Architect $135 00/hour
Professional Staff 1 $110 00/hour
Professional Staff 2 $90 00/hour
Professional Staff 3 $65 00/hour
Specifications Writer $110 00/hour
Administrative Staff 1 $55 00/hour
Administrative Staff 2 $65 00/hour
Martin/Martin
Principal $160 00 per hour
Associate $135 00 per hour
Senior Project Engineer $115 00 per hour
Project Engineer $100 00 per hour
Engineer EIT II $95 00 per hour
Engineer EIT I $85 00 per hour
Sr CAD Operator $85 00 per hour
Project CAD Operator $65 00 per hour
CAD Operator $60 00 per hour
Secretary /Admin. $55 00 per hour
Valentine Engineering
M -E Engineers
Principals $200 00
Senior Associates $160 00
Associates $145 00
Project Managers $140 00
Project Engineers $115 00
Construction Administration $115 00
Engineers $110 00
Designers $105 00
CAD Operators $90 00
Administrative Staff $75 00
Pueblo Memorial Hall
APPENDIX `B' — FEE SCHEDULE
January 24, 2011
Clark Engineering
Pnncipal $95
K2 Audio
Principal Consultant $170
Senior Consultant $135
Consultant $120
Sr Designer $ 95
Designer $ 85
Pueblo Memorial Hall
APPENDIX `C'
Identification of Personnel, Subconsultant and Task Responsibilities
January 24, 2011
Architect and Interior Design
SEMPLE BROWN DESIGN, P C
Chris Wineman, Principal In Charge
Bryan Schmidt, Principal, Project Architect
Task Responsibilities Architect of Record, Theatre Architecture, Historic Architecture. Overall
leadership and coordination of design team through construction and project closeout.
Structural Engineering.
MARTIN /MARTIN, INC
Ben Nelson, Principal In Charge
VALENTINE ENGINEERING
Jim Valentine, Principal In Charge
Task Responsibilities The team of Martin/Martin and Valentine Engineering will provide evaluation of
the existing structure and necessary improvements, structural design of the expansion, and necessary
structural support of theatrical lighting and rigging systems
Mechanical/Electrical /Plumbing Engineering:
M -E ENGINEERS
Michael Hart, Principal in Charge and Mechanical Engineer
Bob McCoy, Electrical Engineer
Task Responsibilities M -E will design the mechanical, electrical and plumbing systems of Memorial
Hall They will also provide the design and construction documents for the early utility infrastructure
package of the project.
Civil Engineering.
CLARK ENGINEERING, LLC
Pueblo Memorial Hall
APPENDIX `C'
Identification of Personnel, Subconsultant and Task Responsibilities
January 24, 2011
Laurie Clark, Principal In Charge
Task Responsibilities Clark Engineering will provide civil engineering design and documentation for the
site and utilities, including the early utility infrastructure package and modifications to the Grand Avenue
sidewalk.
Acoustical and Performance Systems Consulting:
K2 AUDIO, LLC
Deb Britton, Principal In Charge
Ted Pyper, Acoustician
Task Responsibilities K2 will provide coordinated consulting for the acoustical, audio lighting and
rigging systems of the project, including integration with the combined telephone /data system of City
Hall They will provide recommendations to the structural and mechanical engineers and the architect to
achieve acoustical goals
Exhibit D
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 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 No X. (Must sign below whether ion answer res 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 Name
Address 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 /6°5 20 it ,+
1A"?(1
By•_Semple Brown Design, P C
Name: Russell L. Brown, Jr
Title• President
For purposes of responding to question (b) above, an 'affiliated party includes (I) 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.