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HomeMy WebLinkAbout12270RESOLUTION NO. 12270 A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND HOEHN ARCHITECTS, PC, RELATING TO THE CITY HALL AND MEMORIAL HALL EXTERIOR RESTORATION PROJECT, PHASE II AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, Hoehn Architects, PC has been selected to provide professional services for the City Hall and Memorial Hall Exterior Restoration Project; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Professional Architectural Services dated November 28, 2011, 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 $41,500 for said professional services shall be paid from Capital Project PL1104. INTRODUCED November 28, 2011 BY: Judy Weaver COUNCILPERSON Background Paper for Proposed R ESOLUTION AGENDA ITEM # M-3 DATE: NOVEMBER 28, 2011 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, RELATING TO THE CITY HALL AND MEMORIAL HALL EXTERIOR RESTORATION PROJECT, PHASE II 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 $41,500 to Hoehn Architects, PC for the Pueblo City Hall and Memorial Hall Exterior Restoration Project, Phase II? RECOMMENDATION Approval of the Resolution. BACKGROUND Hoehn Architects, PC from Denver has been selected from the RFQ for the Phase I project. The current project will repair the existing masonry on both City Hall and Memorial Hall. The project will also replace non-historic metal doors and transoms, restore and paint existing windows and exterior wood trim, and install new doors and transoms on Memorial Hall. The fees for the professional architectural services agreement will be in the amount of $41,500. FINANCIAL IMPACT Funds for professional services in the amount of $41,500 shall be paid from Capital Project No. PL1104. STANDARD FORM OF AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES THIS AGREEMENT made and entered this 28 day of November , 2011 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 Exterior Rehabilitation, Phase II, 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 [X] - Final Design Phase [X] - Construction Documents & Bidding Phase [X] - Construction Phase Upon completion of any phase, Architect shall not proceed with work on the next phase, if any, until authorized in writing by Owner to proceed therewith. Such services shall include all usual and customary professional architectural services and the furnishing (directly or through its professional consultants) of customary and usual civil. 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. (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. (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 N/A 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 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 of changes. 25 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 - 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- s (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. (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 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) - 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 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 Requirements Where Federal Assistance Provided. [Select one] [THIS SECTION RESERVED - NOT APPLICABLE TO THIS CONTRACT] or [ Architect understands that Owner will be funding the Project in part or in whole by a grant or loan from the (the "Federal Agency "). Architect agrees it is subject to responsibility ofthc Architect to confirm these conditions and regulation I • : • .. . _ •• - • . • • • - . - • • • • • Z. - _ • - - • - - - . • ncy are incorporated into this or { insert specific language required by t. - - . - . - , . - . - • • , - . SECTION 3. OWNER'S RESPONSIBILITIES 3 1 Owner shall (a) Designate a representative to whom all communications from Architect shall be directed and (Agreement For Professional Architectural Services - CA Apprd 11/08/10) -6- 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 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 $ 41,500.00 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 (Agreement For Professional Architectural Services — CA Apprd 11/08/10) -7- 5.2 Architect shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount, for actual professional services rendered and reimbursable expenses incurred. Such applications shall be submitted with appropriate documentation that such services have been performed and expenses incurred. Thereafter, Owner shall pay Architect for the amount of the application within 40 days of the date of billing, provided that sufficient documentation has been furnished, and further provided that Owner will not be required to pay more than 90% of the maximum amount unless the Architect's services on the Project phases for which this Agreement is applicable have been completed to Owner's reasonable satisfaction and all required Architect submittals have been provided. 5.3 The rates of compensation for service and for reimbursable expenses to be used with periodic 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 oftermmation 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 Pueblo City Hall and Memorial Hall Exterior Rehabilitation, Phase II 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. (Agreement For Professional Architectural Services — CA Apprd 11/08/10) -8- 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 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 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 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 (Agreement For Professional Architectural Services — CA Apprd 11/08/10) -9- 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 50 Pennsylvania Avenue, Denver, Colorado, 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. 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 (Agreement For Professional Architectural Services — CA Apprd 1 1/08/10) — 10- 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 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.0 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 2 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 (Agreement For Professional Architectural Services — CA Apprd 11 /08 /10) — 11 - amended, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to section 8 -17 5-1 02(5)(c), C R.S that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. (b) Architect shall not: (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)(lI1)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 §8-1 7 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 I 1/08/10) - 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 Hoehn Architects PC Ibr By By' & 4,.. President f th City Council IF Title Principal Are tect Attest: City erk [SEAL] BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. /Id au...— Director of Finance APPROVED AS TO FORM City Attorney (Agreement For Professional Architectural Services — CA Apprd 11 /08 /10) - 14 - Pueblo City and Memorial Halls Exterior Rehabilitation - Phase 11 Exhibit A - Scope of Services Project Purpose The purpose of the project is to restore the exterior masonry of Pueblo City Hall and Memorial Hall, rehabilitate the historic windows of Memorial Hall, and provide historically compatible exterior doors and transoms m Memorial Hall. Scope of Services The Scope of Services shall include the following four phases 1. Conduct an Assessment of the Existing Conditions. a. The various areas of the building will be evaluated in order to clearly define the scope of work described in the construction documents. b The existing conditions will be photographed and "before" photographs will be prepared for submittal to History Colorado, the State Historical Fund. 2. Prepare the Draft Construction Documents a. Draft construction documents, including drawings and specifications that are based upon the assessment and evaluation in the first phase, shall be prepared for review The selection of materials and equipment will be closely coordinated with the City's Project Manager, the Building Superintendent, and the SHF Historic Preservation Specialist. b A construction cost estimate will be submitted with the draft construction documents to the State Historical Fund's Historic Preservation Specialist and the City's Project Manager for their review and approval. 3 Prepare the Final Construction Documents. a. Construction documents, which incorporate review comments from the State Historical Fund and the City of Pueblo, will 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. A Final Office Review (FOR) meeting will occur with the City of Pueblo prior to bidding b A refined construction cost estimate and a construction schedule will be submitted along with the final construction documents to the State Historical Fund's Historic Preservation Specialist and the City's Project Manager for their final review and approval. 4 Provide Construction Administration Services. a. During the bidding phase, the construction drawings and specifications will be printed and assembled for bid packages, which will then be distributed to qualified contractors. An on- site walk- through of the project will be conducted and addenda will be prepared for 1 Pueblo City and Memorial Halls Exterior Rehabilitation - Phase // Exhibit A - Scope of Services clarification of the construction documents, if needed. The bid results will be reviewed and a written recommendation to the Owner will be prepared. b Attendance at weekly progress meetings will occur m 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. c. The completed construction will be photographed and "after" photographs will be prepared for submittal to History Colorado's State Historical Fund. d. An addendum to the Maintenance Guide prepared in the first phase will be prepared for items not previously addressed, including windows and doors. Other Conditions The Services associated with this Project shall be completed within the contract start date (11/30/11) and end date (11/30/13) of the Agreement between the State Historical Fund and the City of Pueblo. The Project shall meet the Secretary of the Interior's Standards for the Treatment of Historic Properties. Scope of Work The Scope of Work shall follow the State Historical Fund's Exhibit A (Project #2012 -01 -013) A. Architectural Services 1 Conduct an assessment of the existing conditions. 2 Develop draft and final construction documents. 3 Provide construction administration services. B Preservation, Restoration and Rehabilitation Activities (Construction) 1 City Hall and Memorial Hall Exterior Masonry Rehabilitation a. Replace damaged brick, stone, and terra cotta with similar units, as necessary b. Repair salvageable masonry c. Repomt brick, stone, and terra cotta. d. Clean masonry 2. Memorial Hall Windows and Doors a. Rehabilitate and restore existing windows. b. Replace as necessary non - historic exterior metal doors and transoms with new doors and transoms that are compatible with the historic character of the building c. Scrape, prime and paint windows, exterior wood trim, and doors and transoms End of Exhibit A 2 Pueblo City and Memorial Halls Exterior Rehabilitation - Phase 11 Exhibit B - Fee Schedule FEE FOR SCOPE OF SERVICES. $41,500 1. Assessment of Existing Conditions. An initial consultation with the SHF Historic Preservation Speciahst will occur (PD #3) The before /existing condition photographs of areas to be treated (PD #1) and the historical photos /documentation of areas to be treated (PD #2) will be prepared for the City Project Manager for submittal to the State Historical Fund. Two site visits will occur to assess the existing conditions for the preparation of the draft construction documents Fee: Architectural (HAPC) $3,360 Reimbursables. Photo reproduction /photocopies (PDs #1 & #2) $ 25 Mileage for HAPC $220 Total Fee for Phase 1 Not to Exceed. $3,605 2. Preparation of Draft Construction Documents. A site visit will occur to assess additional existing conditions. The draft construction documents will be prepared for review (PD #5) A construction cost estimate will be developed and submitted with the draft construction documents. Fee: Architectural (HAPC) $8,960 Cost Estimating (Spectrum) $1,468 Reimbursables. Printing of Draft Construction Documents (PD #5) $100 Mileage for HAPC $110 I Total Fee for Phase 2 Not to Exceed. $10,638 3 Preparation of Final Construction Documents. The final construction documents, including drawings and specifications that are based upon review comments received by the City Project Manager and the State Historical Fund Speciahst, will be prepared. A minimum of one Final Office Review (FOR) meeting will occur with the City of Pueblo prior to bidding Fee: Architectural (HAPC) $4,000 Cost Estimating (Spectrum) $1,032 Reimbursables. Printing of Bid Documents. $500 Miscellaneous Printing. $ 25 Mileage for HAPC. $220 I Total Fee for Phase 3 Not to Exceed. $5,777 1 • Pueblo City and Memorial Halls Exterior Rehabilitation - Phase 11 Exhibit B - Fee Schedule 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 Preconstruction and interim meetings with the SHF Historic Preservation Specialist (PD #8 & PD #10) will occur during this phase. Attendance at weekly progress meetings will occur in order to review the progress of the construction work for adherence to the construction documents, to review the Contractor's Apphcations for Payment, to assist with the negotiation and preparation of change orders, and to review the mock -up of masonry and windows (PD #9) "After" photographs of areas affected by the scope of work (PD #12) will be prepared for the City Project Manager for submittal to the SHF Historic Preservation Speciahst An addendum to the Maintenance Plan for the first phase will be prepared for items not previously addressed, including windows and doors. Fee: Architectural (HAPC) $19,120 Reimbursables. Miscellaneous Printing (For shop drawings, etc.) $ 85 Printing of Maintenance Plan Addendum. $ 50 Photo reproduction /photocopies (PD #12) $ 25 Mileage for HAPC. $ 2,200 Total Fee for Phase 4 Not to Exceed. $21,480 KEY PERSONNEL AND REIMBURSABLES: 1 Prime Consultant: Hoehn Architects PC (HAPC) Principal Architect: $80 /hour Project Manager /Project Architect: $80 /hour Technical Staff: $80 /hour Administrative: $80 /hour 4 Cost Estimating Consultant: Spectrum General Contractors, Inc. Chief Estimator: $63 80 /hour 5 Reimbursables a. Mileage: $0 50 per mile b Photograph reproduction. $0.20 each c. 8 1/2" x 11" photocopies: $0 10 each d. 11" x 17" photocopies. $0.20 each e. 24" x 36" drawing reproduction. $1.25 each End of Exhibd B 7 Pueblo City and Memorial Halls Exterior Rehabilitation - Phase /I Exhibit C - Identification of Personnel and Task Responsibility 1 Prime Consultant: Hoehn Architects PC 50 Pennsylvania Street Denver, CO 80203 Telephone: 303 - 282 -3884 E -Mail. tkhoehn @mho.net Project Manager: Kristine Hoehn, President Project Architect: Timothy Hoehn, Vice President 2. Cost Estimating Consultant: Spectrum General Contractors, Inc. 5135 E. 38th Avenue Denver, CO 80207 Telephone. 303 -329 -8003 E -Mail: briondnspectrumgc.com Chief Estimator: Brion Doyle End ofElhthzt C - 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 (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) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for 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 Signed Dec. ` 4" , 20 ( is By • G e rchlfects P M Name: F ASSMEIo G n Title p rl ` nctpa 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.