HomeMy WebLinkAbout12746RESOLUTION NO. 12746
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO AND DESIGN
CONCEPTS CLA, INC. FOR PROFESSIONAL SERVICES
ASSOCIATED WITH THE FOUNTAIN CREEK
WATERSHED TRAILS AND RECREATION PROJECTS,
ACCESS, AND ACTIVITY AREA
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
An Agreement, a copy of which is attached hereto, after having been approved
as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and
Design Concepts CLA is hereby approved.
SECTION 2.
Funds for said professional services shall be paid from a grant from Project No.
PL1203.
SECTION 3.
The President of the City Council is hereby authorized to execute said
Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the seal of the City thereto and attest the same.
SECTION 4.
The officers of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution and the attached instruments to effectuate
the transactions described therein.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: July 22, 2013
BY: Eva Montoya
Background Paper for Proposed
RESOLUTION
DATE: JULY 22, 2013 AGENDA ITEM # Q-2
DEPARTMENT: PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO
AND DESIGN CONCEPTS CLA, INC. FOR PROFESSIONAL SERVICES
ASSOCIATED WITH THE FOUNTAIN CREEK WATERSHED TRAILS AND
RECREATION PROJECTS, ACCESS, AND ACTIVITY AREA
ISSUE
Should City Council enter into an agreement with Design Concepts CLA, Inc. for the
design, engineering, and development of construction documents for the Fountain
Creek Watershed Trails and Recreation Projects, Access, and Activity Area?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
In June of 2012, the City of Pueblo, City of Colorado Springs, and El Paso County
received a Great Outdoors Colorado River Corridors Initiative Grant totaling $2,501,350
to fund the Fountain Creek Watershed Trails and Recreation Project consisting of
multiple outdoor recreation projects along the Fountain Creek Corridor and Front Range
Trail. The City of Pueblo was awarded $1,301,350 for its portion of the overall project,
which consists of trail construction and the Creek Side Access and Activity Area.
The City advertised a Request for Proposals and received responses from five firms. A
selection committee evaluated the proposals, interviewed three firms and deemed
Design Concepts CLA, Inc. as the most qualified.
FINANCIAL IMPACT
The total cost of professional services is $300,896 and will be paid from The Fountain
Creek Watershed Trails and Recreation Projects, Access and Activity Area, Project No.
PL1203.
Professional service fees are broken down as follows:
Study and Report Phase $40,845.00
Preliminary Design Phase $86,760.00
Final Design Phase $67,174.00
Construction Documents and Bidding Phase $63,096.00
Construction Management Phase $37,911.00
Contingency $5,110.00
Total Fee by Consultant $300,896.00
Total Fountain Creek Watershed Trails and Recreation Projects, Access and Activity
Area fees are broken down as follows:
Professional services $300,896.00
Estimated cost for construction of project $1,760,363.20
Construction contingency 20% $440,090.80
Total Project Costs $2,501,350.00
STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered this 22 day of ,T y , 20 11 by and between the
City of Pueblo, a Municipal Corporation (hereinafter "Owner ") andpea; , a professional
consulting firm (hereinafter "Consultant ") for Consultant to render ce`tr ain professional engineering,
fi architectural, and related services for Owner in connection with the Fountain Creek Watershed Trails and
Recreation Projects, Access and Activity Area hereinafter referred to as the "Project." In consideration of
the mutual covenants hereinafter set forth, the parties agree as follows:
SECTION I. GENERAL.
1.1 Consultant shall satisfactorily perform professional Consulting services for all phases of
the Project indicated below by mark placed in the appropriate box or boxes:
{ [X] - Study and Report Phase
[X] - Preliminary Design (Schematic) Phase
[X] - Final Design Phase
[X] - Construction Documents & Bidding Phase
[X] - Construction Management Phase
Upon completion of any phase, Consultant 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 landscape architectural and the
furnishing (directly or through its professional consultants) of customary and usual civil, structural,
mechanical, electrical engineering, environmental, and planning services. Consultant shall also provide
any landscape consulting, surveying and geotechnical services.
1.2 In performing the professional services, Consultant 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 Consultant is to render professional services.
1.3 Professional engineering services (whether furnished directly or through a professional
consultant subcontract) shall be performed under the direction and supervision of a registered engineer 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 engineer.
1.4 Surveying work included within or reasonably contemplated by this Agreement shall be
performed under the direction and supervision of a registered Professional Land Surveyor in good
standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under this
Agreement shall be signed by and bear the seal of said Professional Land Surveyor.
(Agreement For Professional Services — CA Revised and Apprd 7/8/13)
1.5 Any landscape architectural services provided under this Agreement shall be performed
under the direction and supervision of a landscape architect licensed to practice landscape architecture in
the state of Colorado.
SECTION 2. PROFESSIONAL SERVICES,
2,1 Study and Report Phase. If Consultant is to provide professional services with respect to
the Project during the Study and Report Phase, Consultant 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 Consultant's findings and
recommendations with opinions of probable costs.
(g) Furnish 5 copies of the Report and present and review it in person with Owner.
2.2 Preliminary Design (Schematic) Phase. If Consultant is to provide professional services
with respect to the Project during the Preliminary Design Phase, Consultant 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 Services - CA Revised and Apprd 7/8/13)
-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) Consultant shall furnish 5 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 Consultant is to provide professional services with respect to the
Project during the Final Design Phase, Consultant shall:
(a) After consultation with the Owner, receipt of Owner's selection of any design
options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final
Drawings showing the scope, extent and character of the work to be performed by contractors, and
Specifications describing such work and the requirement therefore. Such plans and Specifications shall
comply with all applicable building codes and requirements of regulatory agencies having any approval
authority. Final design, including Drawings and Specifications, shall also comply with the 2010 ADA
Standards for Accessible Design as published by the Department of Justice in the Federal Register on
September 15, 2010. Consultant shall include an attest statement on each record drawing sheet of
final plan drawings that certifies compliance with the 2010 ADA Standards.
(b) Make reasonable revisions to the Drawings and Specifications requested by
Owner, infortning 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 Consultant'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) Consultant shall furnish 5 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 Consultant is to provide professional
services with respect to the Project during the Construction Documents & Bidding Phase, Consultant
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, Consultant 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
(Agreement For Professional Services -- CA Revised and Apprd 7/8/13)
-3-
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 Appendix A, a copy of all contract documents and
drawings shall also be submitted to Owner in Microsoft Word and AutoCADD (2013 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 Consultant 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 Consultant's advice.
2.5 Construction Management Phase. If Consultant 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, Consultant shall:
(a) Perform all duties and functions to be performed by Consultant 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 Consultant'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 Services — CA Revised and Apprd 7/8/13)
-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 Consultant'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 Consultant 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 Consultant 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 Consultant 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 Consultant'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 Consultant's work.
(a) Consultant shall be responsible for the professional quality, technical accuracy,
timely completion and coordination of all of Consultant's work, including that performed by sub-
consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of
Owner's approval or acquiescence in same. Consultant shall, without additional compensation, correct or
revise any errors, omissions or other deficiencies in his work.
(b) Consultant shall be responsible, in accordance with applicable law, to Owner for
all loss or damage to Owner caused by Consultant's negligent act or omission; except that Consultant
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) Consultant'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) Consultant shall be completely responsible for the safety of Consultant'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 Owner loss or injury to Consultant's
employees.
(Agreement For Professional Services - -CA Revised and Apprd 7/8/13)
- 5 -
(e) Consultant acknowledges that, due to the nature of engineering and related
professional services and the impact of same on the Project, the Owner has a substantial interest in the
personnel and sub - consultants to whom Consultant assigns principal responsibility for services performed
under this Agreement. Consequently, Consultant represents that Consultant 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, sub - consultant or
assignment of principal responsibility, in which case Consultant will employ alternate personnel for such
function or reassign such responsibility to another to whom Owner has no reasonable objection.
Thereafter, Consultant shall not assign or reassign Project work to any person to whom Owner has
reasonable objection.
Within 5 days of execution of this Agreement, Consultant shall designate in writing a Project
representative who shall have complete authority to bind Consultant, and to whom Owner should address
communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization
from Owner to proceed, Consultant shall submit to Owner for approval a schedule showing the order in
which Consultant 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 Consultant will not be responsible for delays beyond his control.
(g) Before undertaking any work which Consultant considers beyond or in addition
to the scope of work and services which Consultant has contractually agreed to perform under the terms
of this Agreement, Consultant shall advise Owner in writing (i) that Consultant considers the work
beyond the scope of this Agreement, (ii) the reasons the Consultant believes the out of scope or additional
work should be performed, and (iii) a reasonable estimate of the cost of such work. Consultant 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 Consultant shall be compensated for his direct costs and
professional time at the rates set forth in Appendix A - "Scope of Service and Fee Schedule ".
(h) Consultant acknowledges that funds to effectuate this Agreement have been
received by Owner under a Great Outdoors Colorado (GOCO) River Corridors Initiative Grant.
Consultant acknowledges that it has read the Grant Agreement between GOCO and Owner and
Consultant agrees to abide by said Grant Agreement and to indemnify Owner against any losses resulting
from Consultant's violations of the Grant Agreement.
2.7 Requirements Where Federal Assistance Provided.,
[TFIIS SECTION RESERVED - NOT APPLICABLE TO THIS CONTRACT]
SECTION_ 3. OWNER'S RESPONSIBILITIES
3.1 Owner shall:
(Agreement For Professional Services -- CA Revised and Apprd 7/8/13)
-6-
(a) Designate a representative to whom all communications from Consultant 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 Consultant 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 Consultant 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 Consultant to have access to enter private and public
property as required for Consultant to perform his services.
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and
other documents presented by Consultant, 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 Consultant 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 Consultant, obtain required approvals
and permits for the Project. The Consultant shall provide all supportive documents and exhibits
necessary for obtaining said approvals and permits.
(g) Notify Consultant whenever Owner becomes aware of any substantial
development or occurrence which materially affects the scope or timing of Consultant'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.
Consultant'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 Consultant as full compensation for all services required to be
performed by Consultant under this Agreement, except for services for additional work or work beyond
the scope of this Agreement, an amount not to exceed $ 300,896.00 in the aggregate, and not to exceed
those maximum amounts set forth in Appendix A - "Scope of Service and Fee Schedule" and computed in
(Agreement For Professional Services — CA Revised and Apprd 7(8/13)
-7
•
accordance with this Section.
5.2 Consultant 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 Consultant 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 Consultant's services on the Project phases for which
this Agreement is applicable have been completed to Owner's reasonable satisfaction and all required
Consultant submittals have been provided. Consultant acknowledges that the Owner will retain up to
10% of each periodic application for payment. By bidding upon and entering into this Agreement,
the Consultant knowingly and voluntarily waives any and all right or entitlement it may have for a
lesser percentage to be retained from payments pursuant to Section 24- 91- 103(1)(a), Colorado
Revised Statutes.
5.3 The rates of compensation for service and for reimbursable expenses to he 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 A - "Scope of Service and Fee Schedule."
5.5 No compensation shall be paid to Consultant for services required and expenditures
incurred in correcting Consultant'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 Consultant reserves the right to terminate this Agreement and Consultant's
performance hereunder, at any time upon written notice, for cause. The Owner reserves the right to
terminate this Agreement and Consultant's performance hereunder, at any time upon written notice, either
for cause or for convenience. Upon such termination, Consultant shall cease all work and stop incurring
expenses, and shall promptly deliver to the Owner all data, Drawings, Specifications, reports, estimates,
calculations, summaries and all other information, and materials as Consultant may have accumulated in
performing this Agreement, together with all finished work and work in progress.
6.2 Upon termination of this Agreement for events or reasons not the fault of Consultant,
Consultant shall be paid at the rates specified in Appendix A - "Scope of Service and Fee Schedule" for
all services rendered and reasonable costs incurred to date of termination; together with any reasonable
costs incurred within 10 days of termination provided such latter costs could not be avoided or were
incurred in mitigating loss or expenses to Owner or Consultant. In no event shall payment to Consultant
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 Consultant's services is for breach of this
Agreement by Consultant, or for other fault of Consultant including but not limited to any failure to
(Agreement For Professional Services — CA Revised and Apprd 7/8/13)
-8-
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 Consultants specializing in the design of park, trail
and skateboarding amentities or to perform work in a manner deemed unsatisfactory by Owner's
Director of Public Works, then in that event, Consultant'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 Consultant's professional responsibility for his completed work and services shall survive
any termination.
SECTION 7. GENERAL PROVISIONS.
7.1 (a) Ownership of Documents. All final designs, Drawings, Specifications, technical
data, and other documents or instruments procured or produced by the Consultant 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
Consultant 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 Consultant,
} Owner shall hold harmless and indemnify Consultant 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,
Consultant shall not include representations of the Project in any advertizing or promotional materials,
except for accurate statements contained in resumes or curriculum vitae of Consultant's employees. If
Consultant 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) Engineer 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 Engineer 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
(Agreement For Professional Services — CA Revised and Apprd 7/8/13)
-9-
}
occunrence 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) Consultant agrees to hold harmless and indemnify Owner from and against any
liability to third parties, arising out of negligent acts, errors or omissions of Consultant, 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 Consultant by the other party
shall be in writing and shall he 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 Consultant at 211 N. Public Road, Suite 200, Lafayette, CO
8002. 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 Consultant respecting the Project, and any other written or oral agreement or representation respecting
the Project or the duties of either the Owner or the Consultant 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 Consultant
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 Consultant 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,
Consultant shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants
are employed, and that employees are treated during employment without regard to their race, color,
religion, sex, national origin, disability or age.
7.9 Severability. If any provision of this Agreement, except for Section 2.6, is determined to
be directly contrary to and prohibited by law or the requirements of any federal grant or other Project
funding source, then such provision shall be deemed void and the remainder of the Agreement enforced.
(Agreement For Professional Services — CA Revised and Apprd 7/8/13)
- 10
However, it is the intent of the parties that Section 2.6 of this Agreement not be severable, and that if any
provision of said section be determined to be contrary to law or the terms of any federal grant, then this
entire Agreement shall be void.
7.10 Appropriations. Subject to execution of this Agreement by the Director of Finance
certifying that a balance of appropriation exists and funds are available, the amount of money
appropriated for this Agreement is equal to or in excess of the maximum compensation payable
hereunder; provided, however, that if construction is phased and subject to annual appropriation, funds
only in the amount of initial appropriation are available and Consultant 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 Consultant 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, Consultant agrees to be bound by all
such mandatory federal requirements, irrespective of Consultant'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. Consultant acknowledges that the
Project may require access to property not under the control of Owner at the time of execution of this
Agreement. Consultant and Consultant's employees and consultants shall, at Consultant's expense,
obtain all additional necessary approvals and clearances required for access to such property. Owner shall
assist Consultant in obtaining access to such property at reasonable times but make 110 warranty or
representation whatsoever regarding access to such property. Consultant understands and agrees that
entry to properties not under Owner's control may require Consultant to comply with the tenns of
separate access agreements to be negotiated hereafter with owners of such property.
SECTION 8. DISPUTES.
8.1 Any dispute or disagreement between Consultant and Owner arising from or relating to
this Agreement or Consultant'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, Consultant 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 and Fee Schedule" consisting of 1 page.
Appendix B - "Identification of Personnel, Subcontractors and Task Responsibility"..
consisting of 2 pages.
(Agreement For Professional Services — CA Revised and Apprd 7/8/13)
- 11 -
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 Consultant 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 - 1 — STATE IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK
(a) At or prior to the time for execution of this Agreement, Consultant 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 Consultant 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.
(b) Consultant shall not:
(1) Knowingly employ or contract with an illegal alien to perform work under this
contract;
(II) Enter into a contract with a subconsultant that fails to certify to Consultant that
the subconsultant shall not knowingly employ or contract with an illegal alien to perform work
under this contract.
(c) The following state - imposed requirements apply to this contract:
(I) The Consultant 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 Consultant 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 Consultant 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 Consultant shall be required to:
A. Notify the subconsultant and the Purchasing Agent of the City within
three (3) days that the Consultant has actual knowledge that the subconsultant is
employing or contracting with an illegal alien; and
B. Terminate the subcontract with the subconsultant if within three (3) days
of receiving the notice required pursuant to subparagraph (c)(III)A. above the
(Agreement For Professional Services — CA Revised and Apprd 7/8/13)
- 12 -
•
subconsultant does not stop employing or contracting with the illegal alien; except that
the Consultant shall not terminate the contract with the subconsultant if, during such three
(3) days, the subconsultant provides information to establish that the subconsultant has
not knowingly employed or contracted with an illegal alien.
(IV) The Consultant is required to comply with any reasonable request by the
Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the
course of an investigation that CDLE is undertaking pursuant to its authority under §8 -17.5-
102(5), C.R.S.
(d) Violation of this Section by the Consultant shall constitute a breach of contract and
grounds for tennination. In the event of such termination, the Consultant shall be liable for Owner's
actual and consequential damages.
(e) Nothing in this Section shall be construed as requiring the Consultant to violate any terms
of participation in the E- Verify Program.
(t) Violation of this Section 11 by the Consultant shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Consultant shall be liable for Owner's
actual and consequential damages.
(g) As used in this Section 11, the term "subconsultant" shall mean any subconsultant or
subcontractor of Consultant 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 1 and submit the
completed form to City as part of the signed Agreement.
SECTION_ 13. MISCELLANEOUS PROVISIONS
13.1 Third -Party Beneficiaries. Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the Owner or the Consultant.
The Consultant's services under this Agreement are being performed solely for the Owner's benefit, and
no other party or entity shall have any claim against the Consultant because of this Agreement or the
performance or nonperformance of services hereunder.
13.2 Corporate Protection for Breach of Contract. It is intended by the parties to this Agreement
that the Consultant's services in connection with the Project shall not subject the Consultant's individual
employees, officers or directors to any personal legal exposure for violation of this Agreement.
Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the
Client's sole and exclusive remedy, any claim, demand or suit for breach of this Agreement shall be
directed and/or asserted only against the Consultant, a Colorado corporation, and not against any of the
(Agreement For Professional Services — CA Revised and Apprd 7/8/13)
- 13 -
Consultant's individual employees, officers or directors.
13.3 Consequential Damages for Breach of Contract. Notwithstanding any other provision of
this Agreement, and to the fullest extent permitted by law, neither the Client nor the Consultant, their
respective officers, directors, partners, employees, contractors or sub - consultants shall be liable to the
other or shall make any claim for any incidental, indirect or consequential damages for breach of this
Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use,
loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages
resulting from a breach of this Agreement.
(Signature page follows)
(Agreement For Professional Services —CA Revised and Apprd 7/8/13)
- 14 -
•
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
CORPORATION CONSULT • NT
Name: O �;. i�r i
By Ahmig By /r 1 � nv
Preto the City Council �
`title
Attest:_
City rk
[ S E: A L _]
BALANCE OF APPROPRIATION EXISTS FOR THIS
CONTRACT AND FUNDS ARE AVAILABLE.
(era h. Ado /
yj k"/,... Director of Finance
APPROVED AS TO FORM:
7vr
City Attorney
(Agreement For Professional Services —CA Revised and Apprd 718/13)
- 15 -
Appendix A
Scope of Services and Fee Schedule
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Appendix B
Identification of Personnel, Subcontractors and
Task Responsibility
•
f
Pueblo Staff
Design Concepts — Lead Consultant
Axel Bishop — Principal -in- Charge
Axel will be the Principal for the project, he will provide full accountability, design oversight, and public
meeting facilitation.
Robyn Bartling — Project Manager
Robyn will oversee day to day communication, coordination with city staff and consultant team, design,
documentation and construction administration.
Jennifer Gee — Project Landscape Designer
Jennifer will provide design and production support during the design and documentation process
Andy Veith — Landscape Designer
Andy will provide support for the team and be the primary production support.
Tapis Associates, Inc.
Priscilla Marbaker, LEED AP
Priscilla will lead the process with the City of Pueblo and provide the Fatal Flaw Analysis and
coordination with city departments and various government agencies. She will provide trail planning and
design.
Muller Engineering
Bruce Behrer, PE, CRM, CPESE — Principal
Bruce will provide public facilitation and engineering oversight and full engineering accountability.
Steven Humphrey, PE, LEED AP — Project Engineer
Steven will provide engineering for civil, jetty design, and drainage design.
Page 1 of 2
Team Pain
Tito Porratta
Tito will provide public facilitation, skate park design and coordination with the design team.
RMH
Mark Rudiger, JES, LEED, AP — Will provide the lighting and electrical design for the project.
Kirsten Cremona, PE, LEED AP BD +C — Is the Lead Electrical Engineer
ERO Resources Corp
Mary Powell, Principal
Mary will provide the Phase 1 Environmental Assessment for the project and any additional support
needed for ecological resources.
Terracon
Rob Hernandez
Rob will provide all soils testing and soils reports.
Edward James Surveying, Inc.
Ed Fischer, PLS, Principal
Randel Nelson, Project Surveyor
Surveying, Alta Surveying, Utility Locates
Page 2 of 2
Exhibit 1
PERA Questionnaire
Exhibit 1
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 (Must sign below whether you answer "yes" or
no ".)
(b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole
proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes
, No . If you answered "yes" please state which of the above entities best describes your business:
(c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of
each such PERA Retiree.
Name 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 of doing business with the City of Pueblo.
Signed , 20
By:
Name:
Title:
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.
PERA 2 -9 -2009
Exhibit 1
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
0 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 . (Must sign below whether you answer "yes "or
no ".)
(b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole
proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated, party? Yes ,
, No . If you answered "yes" please state which of the above entities best describes your business:
(c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of
each such PERA Retiree.
Name 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 bei g denied the privilege of doing business with the City of Pueblo.
Signed 1 , 20 r
/i�L
By: L V% . �:�.. /�
Na - AlliM ..�
Title: f r v' c._ r a_ 1 ,
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
0 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.
PERA 2 -9 -2009