HomeMy WebLinkAbout14921RESOLUTION NO. 14921
A RESOLUTION AWARDING AN AGREEMENT FOR
PROFESSIONAL SERVICES IN THE AMOUNT OF $225,158
TO DUNAKILLY MANAGEMENT GROUP CORP, A
COLORADO CORPORATION, FOR PROJECT
REPRESENTATION, DESIGN REVIEW SUPPORT, AND
CONSTRUCTION INSPECTION SERVICES FOR NEW FIRE
STATIONS 6, 8, AND 11 PROJECT NO. CI2205 AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE
SAME
WHEREAS, proposals for Project No. 22-030 Project Representative and
Construction Inspection Services for New Fire Stations 6, 8, and 11, have been received
and examined;
WHEREAS, the proposal of Dunakilly Management Group Corp., of Littleton,
Colorado was determined to be the most advantageous to the City, and in the best interest
of the City, based on the evaluation factors set forth in the Request for Proposals; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
City Council authorizes Project No. 22-030 Project Representative and
Construction Inspection Services for New Fire Stations 6, 8, and 11 to be performed, and
contract for said project is hereby awarded to Dunakilly Management Group Corp., of
Littleton, Colorado, in the amount of $225,158.
SECTION 2.
Funds for said Agreement shall be paid from CI2205, Fire Station 6, 8, and 11
Project.
SECTION 3.
The Purchasing Agent is hereby authorized to execute said contract on behalf of
Pueblo, Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City
thereto and attest the same.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Resolution to implement the policies and procedures described
herein.
SECTION 5.
This Resolution is subject to and conditioned upon City Council passage and
approval of an ordinance presented contemporaneously herewith and captioned “AN
ORDINANCE TRANSFERRING $270,000 FROM THE 2022 UNAPPROPRIATED FUND
BALANCE OF THE GENERAL FUND TO PROJECT CI2205 FIRE STATION 6, 8, AND
11, AND BUDGETING AND APPROPRIATING $270,000 FOR SAID PROJECT”
(“Funding Ordinance”). As such, this Resolution shall only become effective upon the date
of final action by the Mayor and City Council approving this Resolution and the Funding
Ordinance.
INTRODUCED: June 27, 2022
BY: Vicente Martinez Ortega
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-3
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: June 27, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Andrew E. Hayes, P.E., Director of Public Works
SUBJECT: A RESOLUTION AWARDING AN AGREEMENT FOR PROFESSIONAL
SERVICES IN THE AMOUNT OF $225,158 TO DUNAKILLY
MANAGEMENT GROUP CORP, A COLORADO CORPORATION, FOR
PROJECT REPRESENTATION, DESIGN REVIEW SUPPORT, AND
CONSTRUCTION INSPECTION SERVICES FOR NEW FIRE STATIONS
6, 8, AND 11 PROJECT NO. CI2205 AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
SUMMARY:
This Resolution awards an Agreement for Professional Services to Dunakilly
Management Group Corp. for project representation, design review support, and
construction inspection services for new fire stations 6, 8, and 11. Dunakilly Management
Group Corp. was determined to be the most responsible bidder and will be awarded a
contract in the amount of $225,158.
PREVIOUS COUNCIL ACTION:
Ordinance 10110, dated January 24, 2021, established the Fire Station 6, 8, and 11
Project, Project No. CI2205 and budgeted and appropriated $600,000.00.
Funds, in the amount of $609,245, were transferred, budgeted and appropriated at the
June 13, 2022 City Council meeting (Ordinance item R-4).
A pending Ordinance (Ordinance item R-5), on City Council agenda for final reading on
June 27, 2022, will transfer, budget and appropriate additional funds, in the amount of
$270,000. This Resolution is contingent upon the approval of the pending Ordinance.
BACKGROUND:
In April 2022, the City of Pueblo solicited Requests for Proposals (RFP 22-030) for Project
Representative and Construction Inspection Services for new Fire Stations 6, 8, and 11.
A total of five (5) firms provided a proposal for the work. City Staff provided evaluations
of the proposals using relevant experience, management overview and approach, project
understanding and approach, qualifications, fee schedule and technology resources
available evaluation criteria. Upon compilation of staff evaluations, the top three (3) firms
were interviewed. Dunakilly Management Group Corp. was chosen by the interview
committee.
FINANCIAL IMPLICATIONS:
Funding in the amount of $225,158 will be paid from the Fire Stations 6, 8, and 11 Project,
No. CI2205.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable to this Resolution.
STAKEHOLDER PROCESS:
Not Applicable to this Resolution.
ALTERNATIVES:
Denial of this Resolution will result in the city being unable to proceed with the project
representative and construction inspection services for the new fire stations.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Proposed Resolution
Draft Agreement for Professional Services
DocuSign Envelope ID:28A957FE-400A-4427-AF72-86343C5811 CA
PROPOSED AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
CITY OF PUEBLO
AND
DUNAKILLY MANAGEMENT GROUP CORP.
THIS AGREEMENT is made and entered this 28th day of June , 2022, by and between Pueblo, a
Municipal Corporation (hereinafter referred to as "Client") and Dunakilly Management Group, Corp., a registered
Colorado Corporation (hereinafter referred to as "Consultant"), for Consultant to render professional project
representation, design review support, and construction administration and inspection services (hereafter referred to
as consulting services) for Client with respect to Bid 22-030 Project Representative and Construction Inspection
Services for the New Fire Stations 6, 8, and 11 and related ancillary services,hereinafter referred to as the "Project."
In consideration of the mutual covenants hereinafter set forth,the parties agree as follows:
SECTION 1. GENERAL AND SCOPE OF SERVICES
(a) Consultant shall satisfactorily perform the professional consulting services for the Project described
in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Scope of Services"). Such
services shall include all usual and customary professional services contemplate by and generally associated with
consulting services,and Consultant represents and warrants that it is and shall remain properly licensed and certified
to perform such services. In the event this Agreement follows the selection of Consultant by Client pursuant to a
Request for Proposals (RFP), all of the requirements of that RFP are incorporated herein by reference, unless any
requirement is expressly excluded in Schedule 1.
(b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants,
Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such
subcontractors or subconsultants as it is for services performed directly by Consultant or Consultant's employees.
(c) To the extent Consultant requires access to private property to perform its services hereunder,
Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already
secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of
consent or other instrument,Consultant shall fully comply with and be subject to the terms and conditions set forth
therein. A copy of any such instrument will be provided to Consultant upon request.
SECTION 2. CONSULTANT'S RESPONSIBILITIES
(a) Consultant shall be responsible for the professional quality, technical accuracy and timely
completion of Consultant's work, including that performed by Consultant's subconsultants and subcontractors.
Consultant shall,without additional compensation,correct or revise any errors,omissions,or other deficiencies in his
work.
(b) Consultant shall be responsible to Client for all loss or damage to Client caused by Consultant's
negligent act or omission. If applicable, Consultant hereby irrevocably waives and excuses Client and Client's
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,
whether now existing or hereafter enacted.
(c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution
of work under this Agreement and shall provide all necessary safety and protective equipment for said employees.
Bid 22-030 Page 1 of 18
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(d) Consultant acknowledges that time is of the essence with respect to the completion of its services
under this Agreement. Consultant represents that the schedule provided by the design team and general contractor is
the schedule by which Consultant proposes to accomplish its work. Except to the extent the parties agree to time
extensions for delays beyond the control of Consultant,Consultant shall adhere to this schedule and perform its work
in a timely manner so as not to delay Client's timetable for achievement of interim tasks and final completion of Project
work.
(e) Before undertaking any work or incurring any expense which Consultant considers beyond or in
addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement,
Consultant shall advise Client in writing that(i)Consultant considers the work beyond the scope of this Agreement,
(ii)the reasons that 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 any out of scope or additional work until
authorized in writing by Client. 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 its direct
costs and professional time at the rates set forth in Schedule 2 attached hereto.
SECTION 3. FEES FOR SERVICES; PAYMENT
(a) Client 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,
the maximum sum of U.S.$225,158.00,computed as set forth in Schedule 2. The maximum amount of compensation
for each phase and for each fire station shall not exceed the amount specified in Schedule 2.
(b) Consultant shall submit periodic, but not more frequently than monthly,applications for payment,
aggregating to not more than the maximum amount set forth above,for actual professional services rendered and for
reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense
reimbursement provisions set forth in Schedule 2 attached hereto and shall contain appropriate documentation that
such services have been performed and such expenses incurred. Thereafter,Client shall pay Consultant for the amount
of the application within 45 days of the date such application is received.
(c) No separate or additional payment shall be made for profit, overhead, local telephone expenses,
lodging, mileage, routine photocopying, computer time, secretarial or clerical time or similar expenses unless
otherwise provided and listed in Schedule 2.
(d) No compensation shall be paid to Consultant for services required and expenditures incurred in
correcting Consultant's mistakes or negligence.
(e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the
provisions of Section 2(e).
(f) In the event services under this Agreement are phased and to be performed in more than one fiscal
year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial
appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial
and subsequent annual appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES
(a) Client shall provide direction, review and instruction as Consultant may reasonably require in
performance of the Scope of Services.
(b) Client shall designate a Project Representative to whom all communications from Consultant shall
be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information
and make decisions with respect to the Project. Said representative shall not, however,have authority to bind Client
as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value
which is the lesser of$5000 or 5%of the maximum contract price.
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(c) Client shall examine all documents presented by Consultant and render decisions pertaining thereto
within a reasonable time. The Client's approval of any reports, documents or other materials or product furnished
hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work.
(d) Client shall perform its obligations and render decisions within a reasonable time under the
circumstances presented. Based upon the nature of Client and its requirements,a period of 14 days shall be presumed
reasonable for any decision not involving policy decision or significant financial impact, when all information
reasonably necessary for Client to responsibly render a decision has been furnished. A period of 46 days shall be
presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The
above periods of presumed reasonableness shall be extended where information reasonably required is not within the
custody or control of Client but must be procured from others.
SECTION 5. TERMINATION
(a) Client 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 and its
subcontractors shall cease all work and stop incurring expenses,and shall promptly deliver to Client all data,drawings,
specifications, reports, plans, calculations, summaries and all other information, documents, work product and
materials as Consultant may have accumulated in performing this Agreement, together with all finished work and
work in progress.
(b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant
shall be paid at the rates specified in Schedule 2 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 Consultant or Client. In no event shall payment to
Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a).
(c) 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 timely proceed with work,or
to pay its employees and consultants,or to perform work according to the highest professional standards,or to perform
work in a manner deemed satisfactory by Client's Project Representative,then in that event,Consultant's entire right
to compensation shall be limited to the lesser of(a)the reasonable value of completed work to Client or(b)payment
at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably
incurred,prior to date of termination.
(d) Consultant's professional responsibility for its completed work and services shall survive any
termination.
SECTION 6. USE OF DOCUMENTS
(a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by
Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and
Client shall be vested with all rights therein of whatever kind and however created,whether by common law,statute
or equity. Client shall have access at all reasonable times to inspect and make copies of all notes,designs,drawings,
specifications, and all other technical data or other documents pertaining to the work to be performed under this
Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except(i)with
advance written consent of Client,which consent may be granted or withheld in Client's sole and absolute discretion
and(ii) in full compliance with the requirements of this Agreement and applicable federal regulations.
SECTION 7. INSURANCE AND INDEMNITY
(a) Consultant agrees that it,shall procure and will maintain during the term of this Agreement, such
insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal
injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its
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).
Bid 22-030 Page 3 of 18
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(b) The minimum insurance coverage which Consultant 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.The Workers' Compensation Insurance policy shall
contain an endorsement waiving subrogation against the Client.
(ii) Commercial General Liability Insurance. The Consultant shall secure and maintain during
the period of this agreement/contract and for such additional time as work on the project is being performed,
Commercial General Liability Insurance issued to and covering the liability of the Consultant with respect to
all work performed by him and all his subcontractors under the agreement/ contract, to be written on a
comprehensive policy form. This insurance shall be written in amounts not less than $1,000,000 for each
occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each
occurrence and aggregate for property damage. This policy of insurance shall name the City of Pueblo, its
agents,officers and employees as additional insureds. This policy shall have all necessary endorsements to
provide coverage without exclusion for explosion and collapse hazards, underground property damage
hazard, blanket contractual coverage, as well as Owner's and Contractor's Protective Liability (OCP)
coverage. The policy shall also provide coverage for contractual liability assumed by Consultant under the
provisions of the Agreement/Contract,and"Completed Operations and Projects Liability"coverage.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000 in a form and
with a deductible acceptable to owner.
(iv) Comprehensive Automobile Liability Insurance. The Consultant shall procure and
maintain during the period of the agreement/contract and for such additional time as work on the project is
being performed,Comprehensive Automobile Liability Insurance. This insurance shall be written with limits
of liability for and injury to one person in any single occurrence of not less than $350,000 and for any injury
to two or more persons in any single occurrence of not less than $1,000,000. This insurance shall include
uninsured/underinsured motorist coverage and shall protect the Consultant from any and all claims arising
from the use both on and off the site of the project of automobiles, trucks, tractors, backhoes and similar
equipment whether owned, leased, hired or used by Consultant.
(c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to
third parties,arising out of negligent acts or omissions of Consultant, its employees,subcontractors and consultants.
SECTION 8. SUBCONTRACTS
(a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client
has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through
subconsultants or subcontractors,Consultant shall contractually bind each of its subconsultants and subcontractors by
subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a
third-party beneficiary of those subcontract provisions.
(b) Consultant shall indemnify and defend Client from all claims and demands for payment for services
provided by subcontractors of Consultant.
(c) Consultant acknowledges that,due to the nature of the services to be provided under this Agreement,
the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal
responsibility for services performed under this Agreement. Consequently,Consultant represents that it has selected
and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior
to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants
or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto.
Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection.
Bid 22-030 Page 4 of 18
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SECTION 10. MISCELLANEOUS
(a) 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 Consultant or Client 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 City of Pueblo,Department of
Public Works, Attn: Andrew Hayes, 201 W. B Street, Pueblo, CO 81003 or to the Consultant at Dunakilly
Management Group Corp.,Attn: Rob Deevy, 1979 W.Littleton Blvd.,Littleton,CO 80120. 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.
(b) Entire Agreement. This instrument contains the entire agreement between Consultant and Client
respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties
of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null
and void. In the case of any conflict between the terms of this Agreement for Professional Services and terms of
Schedule 1 or any other attachment hereto,the terms of this Agreement shall govern.
(c) Successors and Assigns. This Agreement shall be binding on the parties hereto and on their
successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to
become due hereunder to Consultant may be assigned by it without the written consent of Client, which consent may
be withheld in Client's sole and absolute discretion. Any assignment or attempted assignment in violation of this
subsection shall be void.
(d) 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 Client in accordance with the
requirements of Section 4(b)of this Agreement or upon authorization of Client's governing board.
(e) Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of
the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be
decided in a state court of competent jurisdiction located in Pueblo,Colorado.
(f) Equal Employment Opportunity. In connection with the performance of this Agreement, neither
Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race,
color,religion,sex,national origin,disability or age. Consultant shall endeavor to ensure that applicants are employed,
and that employees are treated during employment without regard to their race, color, religion, sex, national origin,
disability or age.
(g) Severability. If any provision of this Agreement,except for Section 2, is determined to be directly
contrary to and prohibited by law or the requirements of any federal grant or other Project funding source,then such
provision shall be deemed void,and the remainder of the Agreement enforced. However,it is the intent of the parties
that Section 2 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.
SECTION 9. STATE-IMPOSED MANDATES PROHIBITING WORKERS WITHOUT AUTHORIZATION
FROM PERFORMING WORK
(a) At or prior to the time for execution of this Contract, Consultant shall submit to the Purchasing
Agent of the City its certification that it does not knowingly employ or contract with a "Worker Without
Authorization",as that term is defined within§8-17.5-101 (9),C.R.S.(herein"Worker Without Authorization"), who
will perform work under this Contract and that the Consultant will participate in either the"E-Verify Program"created
in Public Law 208, 104th Congress,as amended and expanded in Public law 156, 108th 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 Contract.
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(b) Consultant shall not:
(I) Knowingly employ or contract with a Worker Without Authorization to perform work
under this Contract;
(ii) Enter into a contract with a subcontractor that fails to certify to Consultant that the
subcontractor shall not knowingly employ or contract with a Worker Without Authorization to
perform work under this Contract.
(c) The following state-imposed requirements apply to this Contract:
(i) The Consultant shall have confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through participation in either the
E-Verify Program or Department Program.
(ii) The Consultant is prohibited from using either the E-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this Contract
is being performed.
(iii) If the Consultant obtains actual knowledge that a subcontractor performing work under this
contract knowingly employs or contracts with a Worker Without Authorization to perform work
under this Contract,the Consultant shall be required to:
A. Notify the subcontractor and the Purchasing Agent of the City within three (3)
days that the Consultant has actual knowledge that the subcontractor is employing or contracting
with a Worker Without Authorization; and
B. Terminate the subcontract with the subcontractor if within three (3) days of
receiving the notice required pursuant to subparagraph(c)(iii)A. above,the subcontractor does not
stop employing or contracting with the Worker Without Authorization ; except that the Consultant
shall not terminate the contract with the subcontractor if, during such three (3) days, the
subcontractor provides information to establish that the subcontractor has not knowingly employed
or contracted with a Worker Without Authorization.
(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
termination. In the event of such termination, the Consultant shall be liable for City'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.
SECTION 10. PERA LIABILITY
Consultant 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 Consultant shall fill out the
Colorado PERA Questionnaire and submit the completed form to City as part of the signed Agreement.
Bid 22-030 Page 6 of 18
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SECTION I I. ELECTRONIC SIGNATURE
This Agreement and all other documents contemplated hereunder may be executed using electronic signatures with
delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document Format
(PDF)or other readily available file format,or by copy transmitted via email,or by other electronic means and in one
or more counterparts, each of which shall be: (i)an original,and all of which taken together shall constitute one and
the same agreement, (ii) a valid and binding agreement and fully admissible under state and federal law, and (iii)
enforceable in accordance with its terms.
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 DUNAKILLY MANAGEMENT GROUP,CORP.
DocuSigned by: ,—DocuSigned by:
B kowti tt,vt sa 1 tunkS B feels Ocumi
8130C34EB_. y
Naomi Hedden, Director of Purchasing Rob Deevy, President
cDocuSigned by:
AiL.1s.. 4506
Attest,
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Marisa Stotler,City Clerk ,,..,,
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BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
�DocuSigned by:
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Laura Solano,Chief of Staff
APPROVED AS TO FORM:
—DocuSigned by:
Pala iti C. o/10V.st1
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Danielis ogovsek,City Attorney
Attachments: Schedule 1: Scope of Services
Schedule 2: Fee Schedule
Additional Information for Agreement
Bid 22-030 Page 7 0118
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Schedule 1: Scope of Services
Excerpts from Request for Proposal dated April 14,2022, Section 2,
Request for Bid Clarification dated May 13,2022,
and Second Request for Bid Clarification dated June 2,2022
Excerpt from Request for Proposal dated April 14,2022,Section 2,pages 7-10:
2.1 General
The following are the general duties,responsibilities,and limitations of authority for the Consultant. Consultant shall
include all of the duties as listed within this section as needed during the various phases at no additional cost to the
Client:
2.1.1 Set up and manage project management online software, including shared documents, project
accounting, scheduling, submittals/shop drawings, contacts, payment applications, correspondence,
meetings/minutes,job site reports, test reports, inspection/correction reports, change orders, punch
lists,etc. and secure access requirements. Provide an electronic archive, in appropriate format,of all
project management files.
2.1.2 Establish a relationship with all Project Managers (for the City, General Contractor, subcontractors,
etc.)as the central point of contact for coordinating all project activities.
2.1.3 Consultant shall establish a City approved process for request/work approvals,maintenance of project
records,responses to inquiries from consultants,contractors and suppliers. As needed,the Consultant
shall transfer information to decision-makers, coordinate project information flow, and disseminate
progress reports to the City.
2.1.4 Develop a flow chart for clear communication and decision-making (as approved by City's Project
Manager).
2.1.5 Provide oversight and coordination of the Project from the City's perspective to balance costs,time,
and quality effectively.
2.1.6 Represent the City's interests at regular project meetings and provide advice that will help facilitate
economic, efficient, desirable development and acceptable construction procedures. Additionally,
Consultant shall track project-related issues,assign responsibility,and track follow-through.
2.1.7 Generate, monitor, and update the master schedule milestones for all design phases, design review,
bidding activities, major equipment purchases, fixture and equipment lead times, and coordination of
activities outside construction.
2.1.8 Develop and track a master project budget including soft costs and construction costs. Manage updates
to a master budget from start of the Project to completion. Assist the City with monitoring,identifying
cost savings,and designing options/products.
2.1.9 Establish a process by which all changes can be priced, submitted, reviewed,and added or subtracted
from the project cost.
2.1.10 Coordinate with the City's Project Manager to review change orders and track change orders from
submittal through approval (whether subtracting or adding to the project cost). Consultant shall
provide recommendations and alternate options for change orders to reduce cost impact to the project.
2.1.11 Review requests for payment by vendors and advise City of inspection/completion prior to City issuing
payment approval.
2.1.12 Submit to suggestions,alternates, improvements,technology,advancements,or other forms/concepts
that may improve design or reduce project costs.
2.2 Design and Planning
The Consultant shall serve as assistant to the Project Manager,acting on the City's behalf,as the primary contact for
the design team. Following are the City's expectations,at a minimum, for the design and planning phase. Consultant
shall:
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2.2.1 Work with the design team to refine the design to be within the City's budget. Upon City's approval
of the design schematics and budget,the design team will prepare the necessary architectural and other
design development documents;the Consultant will review the design with respect to compliance with
agreed-upon project objectives and communicate between design team and City.
2.2.2 Meet with the design team and City regularly to assist progress of design decisions required. Review
and offer commentary on the design deliverables relative to building performance, constructability,
project budget conformance, and other due diligence factors on behalf of the City.
2.2.3 Work with the design team and City departments for specifications of fixtures, furniture, and
equipment necessary for the project. May need to coordinate with the City's Purchasing Department
prior to completion of specifications/requirements and to aid with project cost estimates.
2.2.4 Assist the design team coordination with the City's IT department for developing and incorporating
AV and security technology needs.
2.2.5 Assist the City's Fire Department and City's Project Manager to develop and incorporate special Fire
Department needs for the Project.
2.2.6 Discuss the project goals with the City to review critical information gathered related to the Project
and analyze strategies for the Project's success.
2.2.7 Assist design team and City to ensure the design is within the City's budget. Review the cost estimates
provided by the design team for accuracy and completeness. Verify the estimates independently as
necessary to ensure that the quantities and costs are valid and reasonable.
2.2.8 Advise the City promptly if the project is not on track with respect to schedule and/or budget.
Additionally,Consultant shall make recommendations and propose alternates for remedy of any issues
regarding schedule or budget.
2.2.9 Review the drawings and plans on behalf of the Owner. Provide feedback from City to design team
and track design/planning phase through completion of the project.
2.2.10 Analyze existing site for issues related to construction implementation and logistics. Provide
interpretation of plans and specifications,as needed.
2.2.11 Review progress payment requests of the design team and provide payment recommendations to the
City.
2.2.12 Work with the design team to establish proper project quality controls during the construction phase.
2.3 Construction Administration
The Consultant shall serve as assistant to the Project Manager,acting on the City's behalf,as the primary contact for
the design team, general contractor, subcontractors, etc. as needed for the construction phase of the project. The
Consultant shall (at a minimum):
2.3.1 Assist or act as liaison for the City to obtain building permits,governmental approvals/authorizations,
and sign offs(approvals)necessary for the design,construction,and operations of the Project. Confirm
that the permit process is completed prior to the start of construction.
2.3.2 Act on behalf of City (with direction from City's Project Manager) to consult/meet with utility
providers and ensure all utility and related services are delivered to the site.
2.3.3 Establish a strong working/communication relationship with the general contractor and act as the
City's primary liaison during all construction and/or related services.
o Review the General Contractor's safety plan for the construction site
o Work with the General Contractor to establish a schedule and logistics plan. Regularly monitor
construction schedule with any time changes, delays, etc. and communicate these revisions
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between General Contractor and City. Only delays accepted in writing by the City may be added
to the schedule.
o Assist with planning for the placement of construction trailers, fences, signage, staging areas,
supply storage,and construction traffic zones.
o Observe the construction activities and document site observations.
2.3.4 Attend weekly construction meetings and advise City regarding construction costs, schedule, and
construction/service coordination.
2.3.5 Monitor the progress of construction work. Track corrective measures by/for the general contractor
to mitigate and correct non-conforming workmanship per the Contract Documents as identified by the
design team,owner or Contractor.
2.3.6 Monitor the design team's construction-phase performance with respect to timeliness of
documentation, type, and frequency of contractually agreed-to project reporting and other
documentation relied upon by the Owner and Owner's Representative.
2.3.7 Monitor design team's reports,track any issues,and confirm close-out of any quality related concerns.
2.3.8 Monitor the construction phase activities of the design and engineering firm(s), including the
following:
o Technical review and approval of materials submittals and samples.
o Resolution of technical questions that may arise during construction.
o Timeliness of documentation, type, and frequency of contractually agreed-to project reporting
and other documentation.
o Review construction change orders and advise City of recommendation for approval or alternate
solution. Report any impact the proposed change orders may have on scope, quality, overall
budget, and on timely completion of the project. Note: Approval of change orders must be in
writing by City's Project Manager.
2.3.9 Monitor inspections and testing reports to assure they take place as required. Review reports and
advise City of taking necessary such that any deficiencies are immediately addressed.
2.3.10 Immediately act to resolve City's concerns or questions that may arise during construction.
2.3.11 Review progress payment requests of the contractor and provide payment recommendations to the
Owner.
2.3.12 Monitor the turnover of supplies,materials,and equipment used for or on the construction site.
2.3.13 Assist City's Project Manager with maintaining record copies and permanent project files of necessary
design and construction-related communications.
2.4 Post-Construction& Warranty Period
The Consultant shall assist the City,design team,general contractor, subcontractors,etc.as needed for the completion
of the project. On behalf of the City and at the direction of the City's Project Manager, the Consultant shall (at a
minimum):
2.4.1 Assist design team and City with creation of a punch list to track acceptable completion of all design,
planning, and construction activities.
2.4.2 Coordinate with City's Project Manager, design team, and General Contractor for necessary walk-
throughs and documentation for the punch list.
2.4.3 Ensure that the building commissioning and startup services are adequately performed and that each
fixture, installed furnishing,and piece of equipment is complete and properly functioning before City
issues a written acceptance. Ensure that all tests are performed and documented for start of warranty
periods.
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2.4.4 If any extended warranties are offered to the City,Consultant shall advise of cost associated and value
of the extended warranty. If necessary, Consultant shall obtain additional documentation and
information for City to evaluate extended warranty offers.
2.4.5 Monitor the turnover of stock supplies of materials as specified by the contract documents.
2.4.6 Monitor the preparation of operations, maintenance manuals,and as-built plans and specifications on
behalf of the Owner.
2.4.7 Confirm that the permit process is completed prior to the close out of project construction. When
appropriate, provide a recommendation to the City for issuance of the Certificate of Substantial
Completion.
2.4.8 Provide recommendation to the Owner regarding the final acceptance of the Project and release of
final payment to the contractor(s).
2.4.9 Coordinate, monitor,and assist City departments,contractors, suppliers, etc.with the moving of new
and stored furnishings and equipment to the new completed facility.
2.4.10 During the City's warranty period(one year)for all work,Consultant shall assist City with any issues
or complaints and determine the necessary corrective actions. If determined to be a warranty issue,
Consultant shall coordinate warranty repair activities on behalf of the City. If the complaints or issues
are not warranty related,Consultant may provide proposed resolutions for City to consider.
2.4.10 At the 11 month warranty walk through for/with the City,design team,and contractors,Consultant
shall address any issues to be immediately resolved under warranty or recommend close out of
warranty at the 12 month warranty termination.
Excerpt from Request for Bid Clarification dated May 13,2022,page 1:
I. The work for this project will be assigned by phases in the following order:
A. Design& Planning(Section 2.2)
B. Construction Administration(Section 2.3)
C. Post-Construction&Warranty Period(Section 2.4)
Note: General(Section 2.1)includes work for all phases listed above and an appropriate cost(amount)should be
included with each phase A,B,and C.
Excerpt from Second Request for Bid Clarification dated June 2,2022,page 1:
1. Revised Scope of Work
1.1 The City is considering expanding the project Scope of Service to include additional Fire Stations.
The revised Scope of Service would include Fire Stations 6, 8, and 11 based on potential funding
approvals.
1.2 The following conditions are expected for the expanded Scope of Service:
a. The City is requesting approval of additional funds for the award of the increased Scope of
Service; however, award and amendments to the initial award may be assigned as funding is
approved.
b. For the purposes of continuity, the City would like to consider award to one(1)consultant for
the Scope of Services of all three(3) stations.
c. The anticipated Scope of Service will remain consistent for all three (3)stations.
d. The City is planning to award one(1)design firm for all three(3)stations. The design project
is scheduled for presentation to City Council on June 13, 2022.
e. We anticipate the tentative award of this project within the month of June with anticipated
presentation to City Council at the end of June or early in July. The intent is for the Project
Representative to begin immediately after City Council approval of funds and award of the
initial agreement.
f. The City has planned for the design (and future construction) of all three (3) stations to run
simultaneously.
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g. A future bid will be issued for construction of the three(3) stations. The construction may be
awarded to one (1) General Contractor or the City may select multiple (up to 3) General
Contractors. If one General Contractor is selected, construction will be phased to promote
efficiencies within the construction trades and scheduling of labor.
(Continue to next page)
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Schedule 2: Fee Schedule
Excerpts from Bidder's Proposal Submitted May 5,2022 and
Bidder's Response to Second Request for Clarification Submitted June 8,2022
Excerpt from Bidder's Response to Second Request for Clarification Submitted June 8,2022,page 2:
Fire Station 6 Fire Station 8 Fire Station 11
The amounts below 41a1l include the Section 2.1 "General"tasks as needed for each phase
at no additional cost to the Client.
Design&Planning S 31,008 S 24,038 S 16,680
(Section 2.2)
Construction Administration S 57,600 S 48,600 S 43,200
(Section 2.3)
Post-Constriction&
Warranty Period S 1,728 S 1,152 S 1,152
(Section 2.4)
Excerpt from Bidder's Proposal Submitted May 5,2022,page 24:
Labor Costs Hourly Rate
Gary Cahill
5180.00
Principal/Project Manager
Rob Deevy
Cost&Schedule Control 5180.00
Todd Decker
Design Management 5180.04
Jeannie Mabey
QA/QC/CA $180.00
Reimbursable/Other Costs
Customary expenses are included in the hourly rate.
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