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City Clerk’s Office Item # Q-1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: July 11, 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
DESIGN SERVICES IN THE AMOUNT OF $1,209,246 TO ALLRED AND
ASSOCIATES, A COLORADO CORPORATION, FOR DESIGN AND
ENGINEERING OF 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 Design Services to Allred and
Associates for design and engineering services of new fire stations 6, 8, and 11. Allred
and Associates was determined to be the most responsible bidder and will be awarded a
contract in the amount of $1,209,246.
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 S-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 22-010) for design
and engineering services for new Fire Stations 6, 8, and 11. A total of nine (9) firms
provided a proposal for the work. City Staff provided evaluations of the proposals using
project approach, work schedule, fee schedule and statement of qualifications evaluation
criteria. Upon compilation of staff evaluations, the top five (5) firms were interviewed.
Allred and Associates was then chosen by the interview committee.
FINANCIAL IMPLICATIONS:
Funding in the amount of $1,209,246 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 design and
engineering of the new fire stations.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Proposed Resolution
Draft Agreement for Professional Services
RESOLUTION NO. 14938
A RESOLUTION AWARDING AN AGREEMENT FOR
PROFESSIONAL DESIGN SERVICES IN THE AMOUNT OF
$1,209,246 TO ALLRED AND ASSOCIATES, A COLORADO
CORPORATION, FOR DESIGN AND ENGINEERING OF
NEW FIRE STATIONS 6, 8, AND 11 PROJECT NO. CI2205
AND AUTHORIZING THE PURCHASING AGENT TO
EXECUTE SAME
WHEREAS, proposals for Project No. 22-010 Design and Engineering Services of
New Fire Stations 6, 8, and 11, have been received and examined; and,
WHEREAS, the proposal of Allred and Associates, of Broomfield, 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. 22-010 Design and Engineering Services for
New Fire Stations 6, 8, and 11 to be performed, and contract for said project is hereby
awarded to Allred and Associates, of Broomfield, Colorado, in the amount of $1,209,246.
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 shall become effective immediately upon passage and approval.
INTRODUCED July 11, 2022
BY: Vicente Martinez Ortega
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
BY AND BETWEEN
CITY OF PUEBLO
AND
ALLRED & ASSOCIATES
THIS AGREEMENT made and entered this ______ day of ___________, 20__ by and between the City of Pueblo,
a Municipal Corporation (hereinafter referred to as "Owner" or “City”) and Allred & Associates, a Registered
Individual Business in the State of Colorado, a professional architectural firm (hereinafter referred to as "Architect")
for Architect to render certain professional planning, design, architectural, and related services for Owner in
connection with Bid 22-010 RFP – Design and Engineering of New Fire Stations 6, 8, and 11,
hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties
agree as follows:
SECTION 1. GENERAL
1.1 Architect shall satisfactorily perform professional architectural services for the following items as more
specifically set forth in Schedule 1 – “Scope of Services”:
\[ X \] - Preliminary (Schematic) Design Phase
\[ X \] - Design Development Phase
\[ X \] - Construction Documents
\[ X \] - Bidding Phase
\[ X \] - Construction Services Phase
Upon completion of any phase for a work item, Architect shall not proceed with work on the next phase for a
work item, if any, until authorized in writing by Owner to proceed therewith.
Such services shall include standard usual and customary professional architectural services and the furnishing
(directly or through its professional consultants) of customary and usual civil, structural, mechanical, electrical,
engineering, design, environmental, and planning services. Architect shall also provide any landscape, surveying,
and geotechnical services incident to its work on the Project.
1.2 In performing the professional services, Architect shall complete the work items and phases set forth in
Schedule 1 – “Scope of Services” and the items identified in Section 2 of this Agreement.
1.3 Professional architectural services (whether furnished directly or through a professional consultant
subcontract) shall be performed under the direction and supervision of a registered architect in good standing and
duly licensed to practice in the State of Colorado. Reproductions of final drawings for construction produced under
this Agreement shall be the same as at least one record set which shall be furnished to Owner and which shall be
signed by and bear the seal of such registered architect.
1.4 Surveying work included within or reasonably contemplated by this Agreement shall be performed under
the direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to practice
in the State of Colorado. All plats and surveys produced under this Agreement shall be signed by and bear the seal
of said Professional Land Surveyor.
1.5 Any engineering services provided under this Agreement shall be performed under the direction and
supervision of a registered professional engineer.
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SECTION 2. ARCHITECTURAL SERVICES
2.1 Architect shall provide professional services with respect to the Project for the work item and phases outlined
in the attached Schedule 1.
2.2 Additionally, Architect shall perform the following:
(a) Architect shall be responsible for the professional quality, technical accuracy, timely completion,
and coordination of all of Architect's work, including that performed by Architect's consultants, and including
designs, Drawings, Specifications, reports, and other services, irrespective of Owner's approval or
acquiescence in same. Architect shall, without additional compensation, correct or revise any errors,
omissions, or other deficiencies in his work.
(b) Architect shall be responsible, in accordance with applicable law, to Owner for all loss or damage
to Owner caused by Architect's proven negligent act or omission; except that Architect hereby irrevocably
waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of
review as a condition precedent to commencement of an action, including any such requirements set forth in
Section 13-20-602, C.R.S. or similar statute.
(c) Architect's professional responsibility shall comply with the standard of care applicable to the type
of engineering and architectural services provided, commensurate with the size, scope, and nature of the
Project.
(d) Architect shall be completely responsible for the safety of Architect's employees in the execution of
work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold
harmless and indemnify and defend Owner from any and all claims, suits, loss, or injury to Architect's
employees.
(e) Architect acknowledges that, due to the nature of architectural, design, and related professional
services and the impact of same on the Project, the Owner has a substantial interest in the personnel and
consultants to whom Architect assigns principal responsibility for services performed under this Agreement.
Consequently, Architect represents that Architect has selected and intends to employ or assign the key
personnel and consultants identified in Schedule 4 - "Identification of Personnel, Subcontractors, and Task
Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within
10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on
the Project of any such key person, consultant, or assignment of principal responsibility, in which case
Architect will employ alternate personnel for such function or reassign such responsibility to another to whom
Owner has no reasonable objection. Thereafter, Architect shall not assign or reassign Project work to any
person to whom Owner has reasonable objection.
Within five (5) days of execution of this Agreement, Architect shall designate in writing a Project
representative who shall have complete authority to bind Architect, and to whom Owner should address
communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to
proceed, Architect shall submit to Owner for approval a schedule showing the order in which Architect
proposes to accomplish his work, with dates on which he will commence and complete each major work
item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's
timetable for achievement of interim tasks and final completion of Project work, provided however, the
Architect will not be responsible for delays beyond his control. The Schedule shall not be materially different
than the Project Schedule attached hereto and labelled Schedule 3.
(g) Before undertaking any work which Architect considers beyond or in addition to the scope of work
and services which Architect has contractually agreed to perform under the terms of this Agreement,
Architect shall advise Owner in writing (i) that Architect considers the work beyond the scope of this
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Agreement, (ii) the reasons the Architect believes the out of scope or additional work should be performed,
and (iii) a reasonable estimate of the cost of such work. Architect shall not proceed with such out of
scope or additional work until authorized in writing by Owner. The compensation for such authorized work
shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation,
then Architect shall be compensated for his direct costs and professional time at the rates set forth in Schedule
2 - "Fee Schedule".
SECTION 3. OWNER'S RESPONSIBILITIES
3.1 Owner shall:
(a) Designate a representative to whom all communications from Architect shall be directed and who
shall have limited administrative authority on behalf of Owner to receive and transmit information and make
decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to
matters of legislative or fiscal policy.
(b) Advise Architect of Owner's Project requirements including objective, project criteria, use and
performance requirements, special considerations, physical limitations, financial constraints, and required
construction contract provisions and standards.
(c) Provide Architect with available information pertinent to the Project including any previous reports,
studies or data possessed by Owner which relates to design or construction of the Project. Architect shall be
entitled to rely on the accuracy and completeness of all such information.
(d) Assist in arranging for Architect to have access to enter private and public property as required for
Architect to perform his services.
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals, and other documents
presented by Architect, and render written decisions pertaining thereto within a reasonable time. The
Owner's approval of Drawings, design, Specifications, reports and incidental work or materials furnished
hereunder shall not in any way relieve the Architect of responsibility for the professional adequacy of his
work. The Owner's review, approval, or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of
the performance of this Agreement.
(f) Upon advice of the necessity to do so from Architect, obtain required approvals and permits for the
Project. The Architect shall provide all supportive documents and exhibits necessary for obtaining said
approvals and permits.
(g) Notify Architect whenever Owner becomes aware of any substantial development or occurrence
which materially affects the scope or timing of Architect's services.
(h) Owner shall perform its obligations and render decisions within a reasonable time under the
presented circumstances. However, given the nature of Owner's internal organization and requirements, a
period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant
financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any
matter involving policy or significant financial impact.
SECTION 4. TIME FOR PERFORMANCE
Subject to the requirements of above Section 2.2(f), Architect's obligation to render services shall continue for such
period of time as may reasonably be required for completion of the work contemplated in Schedule 1 – “Scope of
Services” and Section 1 of this Agreement.
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SECTION 5. PAYMENT
5.1 Owner will pay to Architect as full compensation for Grand Total Base Bid and Alternates 1, 2, and 3 as
required to be performed by Architect under this Agreement, except for services for additional work or work beyond
the scope of this Agreement, an amount not to exceed $1,209,246.00 in the aggregate, and not to exceed those
maximum amounts set forth in Schedule 2 - "Fee Schedule" and computed in accordance with this Section. In addition,
the maximum amount of compensation for any phase and work item shall not exceed the amount specified in Schedule
2 for such phase and work item.
5.2 Architect shall submit periodic, but not more frequently than monthly, applications for payment, aggregating
to not more than the maximum amount, for actual professional services rendered and reimbursable expenses incurred.
Such applications shall be submitted with appropriate documentation that such services have been performed and
expenses incurred. Thereafter, Owner shall pay Architect for the amount of the application within 40 days of the date
of billing, provided that sufficient documentation has been furnished, and further provided that Owner will not be
required to pay more than 90% of the maximum amount unless the Architect's services on the Project phases and work
item for which this Agreement is applicable have been completed to Owner's reasonable satisfaction and all required
Architect submittals have been provided. The Owner will not withhold retainage on invoicing by the Architect.
5.3 The rates of compensation for service and for reimbursable expenses to be used with periodic and final
payment applications shall be those set forth in Schedule 2 - "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 Schedule 2 - "Fee Schedule."
5.5 No compensation shall be paid to Architect for services required and expenditures incurred in correcting
Architect's mistakes or negligence.
5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed by Paragraph
2.6(g).
SECTION 6. TERMINATION
6.1 Owner reserves the right to terminate this Agreement and Architect's performance hereunder, at any time
upon written notice, either for cause or for convenience. Upon such termination, Architect and its subcontractors shall
cease all work and stop incurring expenses, and upon full payment to Architect for services rendered, shall promptly
deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information,
documents, work product and materials as Architect may have accumulated in performing this Agreement, together
with all finished work and work in progress.
6.2 Upon termination of this Agreement for events or reasons not the fault of Architect, Architect shall be paid
at the rates specified in 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 Architect or Client. In no event shall payment to Architect
upon termination exceed the maximum compensation provided for complete performance in Section 3(a).
6.3 In the event termination of this Agreement or Architect's services is for breach of this Agreement by
Architect, or for other fault of Architect including but not limited to any failure to timely proceed with work, or to pay
its employees and Architects, 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, Architect'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.
6.4 Architect's professional responsibility for its completed work and services shall survive any termination.
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SECTION 7. GENERAL PROVISIONS
7.1 Ownership of Documents and Advertising.
(a) Ownership of Documents. All designs, Drawings, Specifications, technical data, and other
documents or instruments procured or produced by the Architect in the performance of this Agreement shall
be the sole property of the Owner and the Owner is vested with all rights therein of whatever kind and
however created, whether created by common law, statutory law, or by equity. The Architect agrees that the
Owner shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings,
specifications, and all other technical data pertaining to the work to be performed under this Agreement. In
the event Owner uses the designs, Drawings or Specifications provided hereunder for another project
independent from Project, without adaptation by Architect, Owner shall hold harmless and indemnify
Architect from all loss, claims, injury, and judgments arising from the use of such designs, Drawings or
Specifications for such other project.
(b) Advertising. Unless specifically approved in advance in writing by Owner, Architect shall not
include representations of the Project in any advertising or promotional materials, except for accurate
statements contained in resumes or curriculum vitae of Architect’s employees. If Architect wishes to include
representations in advertising or promotional materials, it shall submit a draft of same and printer’s proof of
the proposed advertising or promotional materials to the Owner for prior review and shall not publish or
distribute same unless written approval of the materials is first obtained.
7.2 Insurance and Indemnity.
(a) Architect agrees that he has procured and will maintain during the term of this Agreement, such
insurance as will protect him from claims under workers' compensation acts, claims for damages because of
bodily injury including personal injury, sickness or disease or death of any of his employees or of any person
other than his employees, and from claims or damages because of injury to or destruction of property
including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as
set forth in subparagraph (b).
(b) The minimum insurance coverage which Architect shall obtain and keep in force is as follows:
(i) Workers' Compensation Insurance complying with statutory requirements in Colorado and
in any other state or states where the work is performed.
(ii) 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 and 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
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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) Architect agrees to hold harmless and indemnify Owner from and against any liability to third
parties, arising out of negligent acts, errors or omissions of Architect, his employees, subcontractors, and
consultants. The hold harmless and indemnification obligation herein shall be covered by Architect’s
Professional Liability Insurance and shall include payment and reimbursement of costs of defense with
respect to any liability to third parties, arising out of negligent acts, errors or omissions of Architect, his
employees, subcontractors, and consultants.
7.3 Notices. Any and all notices or other communications required or permitted by this Agreement or by law to
be served on or given to either the Owner or the Architect by the other party shall be in writing and shall be deemed
duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service
when deposited in the United States mail, first-class postage prepaid, addressed to the Owner at City of Pueblo,
Department of Public Works, Attn: Andrew Hayes, Director, 211 E. “D” Street, Pueblo, CO 81003 or to the Architect
at Allred & Associates, Attn: Brent Allred, Owner, 580 Burbank Street, Suite 125, Broomfield, CO 80020. Either
party may change their business address for the purpose of this paragraph by giving written notice of such change to
the other party in the manner provided in this paragraph.
7.4 Entire Agreement. This instrument contains the entire agreement between the Owner and the Architect
respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties
of either the Owner or the Architect in relation thereto not expressly set forth in this instrument is null and void. In
the event of any conflict between any provision of this Agreement and a provision of any Schedule or attachment to
this Agreement, the provision in this Agreement shall control and supersede the conflicting provision in the Schedule
or attachment. Any inconsistent resolution provision in any attachment to this Agreement shall be void.
7.5 Successors and Assigns. This Agreement shall be binding on the parties hereto and on their partners, heirs,
executors, administrators, successors, and assigns; provided, however, that neither this Agreement, nor any part
thereof, nor any moneys due or to become due hereunder to the Architect may be assigned by him without the written
consent of the Owner. It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and
nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person
or entity on such Agreement. It is the express intention of the parties hereto that any person or entity, other than the
parties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be incidental
beneficiaries only.
7.6 Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by written
Amendment signed by an authorized representative of Architect and by Owner’s Director of Public Works.
7.7 Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State
of Colorado.
7.8 Equal Employment Opportunity. In connection with the performance of this Agreement, Architect shall not
discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin,
disability, or age. Architect shall endeavor to 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.
7.9 Severability. If any provision of this Agreement, except for Section 2.6, is determined to be directly contrary
to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision
shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section
2.6 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law
or the terms of any federal grant, then this entire Agreement shall be void.
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7.10 Appropriations. Subject to execution of this Agreement by the Director of Finance certifying that a balance
of appropriation exists and funds are available, the amount of money appropriated for this Agreement is equal to or in
excess of the maximum compensation payable hereunder; provided, however, that if construction is phased and subject
to annual appropriation, funds only in the amount of initial appropriation are available and Architect shall confirm
availability of funds before proceeding with work exceeding initial and subsequent annual appropriations.
7.11 Additional Requirements on Federally Funded Contracts. If any of the work to be performed by Architect
under this Agreement is funded in whole or in part with federal funds, then this Agreement shall be construed to
include all applicable terms required by the federal assistance agreement and integrated federal regulations. By
executing this Agreement, Architect agrees to be bound by all such mandatory federal requirements, irrespective of
Architect’s actual knowledge or lack of knowledge of such requirements prior to execution of this Agreement.
7.12 Access to Property Not Under Owner’s Control. Architect acknowledges that the Project may require access
to property not under the control of Owner at the time of execution of this Agreement. Architect and Architect’s
employees and consultants shall, at Architect’s expense, obtain all additional necessary approvals and clearances
required for access to such property. Owner shall assist Architect in obtaining access to such property at reasonable
times but make no warranty or representation whatsoever regarding access to such property. Architect understands
and agrees that entry to properties not under Owner’s control may require Architect to comply with the terms of
separate access agreements to be negotiated hereafter with owners of such property.
SECTION 8. DISPUTES
8.1 Any dispute or disagreement between Architect and Owner arising from or relating to this Agreement or
Architect’s services or right to payment hereunder shall be determined and decided by the Owner’s Director of Public
Works whose written decision shall be final and binding unless judicial review is sought in a Colorado Court of
competent jurisdiction located in Pueblo County, Colorado, pursuant to Rule 106, C.R.C.P.
8.2 Pending resolution of any dispute or disagreement, or judicial review, Architect shall proceed diligently with
performance of his work under this Agreement as long as Owner continues to pay Architect for services rendered
which are not subject to dispute of disagreement under this Section.
SECTION 9. SCHEDULES
The following Schedules are attached to and made a part of this Agreement:
Schedule 1 - "Scope of Services" consisting of 5 pages.
Schedule 2 - "Fee Schedule" consisting of 3 pages.
Schedule 3 - “Project Schedule” consisting of 2 pages.
Schedule 4 - "Identification of Personnel, Subcontractors, and Task Responsibility" consisting of 19 pages.
SECTION 10. ACCESSIBILITY.
The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility
for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the
ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The
Architect therefore, will use his or her reasonable professional efforts to implement applicable ADA requirements and
other federal, state, and local laws, rules codes, ordinances and regulations as they apply to the Project.
SECTION 11. STATE-IMPOSED MANDATES PROHIBITING WORKERS WITHOUT AUTHORIZATION
FROM PERFORMING WORK
(a) At or prior to the time for execution of this Contract, Architect 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 Architect will participate in either
the “E-Verify Program” created in Public Law 208, 104th Congress, as amended and expanded in Public law
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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 Agreement.
(b) Architect shall not:
(i) Knowingly employ or contract with a Worker without Authorization to perform work
under this Agreement;
(ii) Enter into a contract with a subcontractor that fails to certify to Architect that the
subcontractor shall not knowingly employ or contract with a Worker without Authorization to
perform work under this Agreement.
(c) The following state-imposed requirements apply to this Agreement:
(i) The Architect shall have confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Agreement through participation in either
the E-Verify Program or Department Program.
(ii) The Contractor is prohibited from using either the E-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this Agreement
is being performed.
(iii) If the Architect obtains actual knowledge that a subcontractor performing work under this
contract knowingly employs or contracts with a Worker without Authorization to perform work
under this Agreement, the Architect shall be required to:
A. Notify the subcontractor and the Purchasing Agent of the City within three (3)
days that the Architect 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 Architect 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 Architect is required to comply with any reasonable request by the Colorado
Department of Labor and Employment (hereinafter referred to as “CDLE”) made in the course of
an investigation that CDLE is undertaking pursuant to its authority under §8-17.5-102(5), C.R.S.
(d) Violation of this Section by the Architect shall constitute a breach of the agreement and grounds
for termination. In the event of such termination, the Architect shall be liable for City’s actual and
consequential damages.
(e) Nothing in this Section shall be construed as requiring the Architect to violate any terms of
participation in the E-Verify Program.
SECTION 12. 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
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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.
SECTION 13. PERA LIABILITY
The Architect 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 Architect shall fill out the
Colorado PERA Questionnaire and submit the completed form to City as part of the signed Agreement.
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 ALLRED & ASSOCIATES
By By
Naomi Hedden, Director of Purchasing Brent Allred, Owner
Attest
Marisa Stoller, City Clerk
\[ S E A L \]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
Laura Solano, Chief of Staff
APPROVED AS TO FORM:
___________________________________________
Daniel Kogovsek, City Attorney
Attachments:
Schedule 1 - Scope of Services
Schedule 2 - Fee Schedule
Schedule 3 - Project Schedule
Schedule 4 - Identification of Personnel, Subcontractors, and Task Responsibility
Bid 22-010 Allred Agreement Page 9of 46
SCHEDULE 1
Scope of Services
Excerpt from Request for Proposal dated March 9, 2022, Section 2 and Addendum No. 1 dated March 25, 2022
2.1 Objective
The City seeks a design that will promote efficiency and convenience in operation. The budget for the construction
of Fire Station 6 is approximately $5,000,000.
All three (3) stations are manned 24 hours a day (with three 24-hour rotating shifts). Each station, during each shift,
will initially house four (4) firefighters with the possibility of expanding to a staff of eight (8) in the future. The
anticipated size of each proposed fire station is between 8,000 to 12,000 square feet. Each station shall include storage
and use area for fire equipment (Part A), living quarters (Part B), additional areas (Part C), and property requirements
(Part D).
Part A - Storage and use area for fire equipment:
o Two (2) apparatus bays for ladder trucks
o Additional truck bay (for an over-sized standard vehicle like a brush truck)
o Decontamination room
o Storage for truck supplies, cleaning supplies, and bunker storage
o Cleaning and storage area for PPE
o Hot and cold zones for decontamination
o Hose cleaning area with adequately sized floor drains
Part B – Living quarters for all shift personnel:
o A fully operational kitchen with refrigerator and pantry for each of the three (3) shifts
o Dormitory (or clustered sleeping rooms) with storage and desk space
o Bathroom and shower facilities with individual lockers
o Day room
o Dining space
o Two (2) offices
o A workout facility (indoor with outdoor area)
o Storage for food,
o Janitor’s closet,
o Laundry facilities (separate for clean and dirty/decontamination)
o Workshop with hand tool storage, work bench, etc
o IT server and mechanical space
o Fenced back yard with a covered patio and garden area
Part C – Additional areas:
o Community room for conference or training with separate public access and ADA accessible male &
female restrooms
o Medical supply storage
o Outdoor equipment/maintenance storage
Part D – Property requirements:
o Backup power with automatic transfer switch
o Parking for staff and public
o Exhaust removal system
Bid 22-010 Allred Agreement Page 10 of 46
2.2 Scope of Service
In general, the design consultant shall electronically submit plans for review to the City at the preliminary design,
design development and construction documents phases including technical specifications and estimates. The design
consultant will also be required to submit the necessary number of sets, in the required format, for the building permit
review/approval.
The consultant and staff shall meet at least once a week during the preliminary (schematic) design phase, and at least
every two weeks thereafter, to discuss the progress of the project; this shall remain in effect for the duration of the
design process and will end once the plans have been approved by the City. More frequent meetings may be required
in the early stages of the project to ensure project needs are being met.
The consultant shall provide meeting minutes within five (5) working days of each meeting for review and comment.
Cost estimates shall be submitted to serve as an on-going basis for budget development. The estimate shall be refined
with each milestone submittal: 100% preliminary (schematic) design and 100% design development.
Net Zero options shall be considered in the design; however, if incorporating Net Zero involves additional architectural
fees, then the proposal must quantify the amount in the fees section of their proposal (Bid Alternate 1).
The consultant will be required to provide all professional services in the completion of the City of Pueblo Fire Station
project consisting of, but not limited to the following:
2.2.1 Preliminary (Schematic) Design Phase
o Hold a kick-off meeting with appropriate City staff, including the Fire Department, to discuss project
approach and features of the new station design requirements.
o Prepare a project schedule and kick-off meeting minutes.
o The City will provide the design survey, with boundary and contours, geotechnical report and Phase 1
environmental study.
o Prepare preliminary design plans that adequately meet the requirements listed in Section 1.3 and the needs
provided by the City staff.
o Provide a minimum of two (2) alternatives of each of the following: building layout with schematic
dimensioned floor plans; building elevations demonstrating architectural styles; and site designs depicting
parking layouts, landscaping, utility layout, pedestrian and vehicle circulation.
o Present alternatives to the Owner for review, comment and approval
o Anticipated Preliminary (Schematic) Design Phase Deliverables
1. Preliminary building plans
2. Preliminary Site Plans:
Grading
Noted area for site detention
Preliminary building footprint
Off-site improvements
Stormwater compliance documentation
Landscaping
3. Cost estimate
2.2.2 Design Development Phase
o The consultant team shall refine design of floor plan, building elevations, and site plan for presentation at
a public meeting.
Bid 22-010 Allred Agreement Page 11 of 46
Presentation materials shall be provided by the consultant in colored plans, perspective renderings
and as necessary to effectively disseminate information at the public meeting.
Organize, attend, and facilitate a public meeting to present the preliminary design.
The City of Pueblo will provide the meeting locations and will advertise the meetings.
Unless restricted by COVID, the public meeting shall be in person.
o The structural system and the building mechanical, plumbing and electrical systems will be developed
consistent with the design concept.
o The Consultant shall coordinate with appropriate City staff, systems for phone/data/cable, station alerting
requirements, interior material and color board and will develop preliminary fixture and furniture
selections.
o The site plan design should demonstrate all required specifics including but not limited to, grading and
erosion control, landscaping and irrigation, all applicable utilities, including telecommunications, parking,
ingress/egress, all existing features that border the site, ADA access, etc.
o The building design should demonstrate all required specifics including but not limited to; location
(horizontally and vertically) on the site, foundation type and design – including details, detailed and
dimensioned floor plan, detailed building elevations, building cross sections, typical wall sections, detailed
wall sections, plans and details of the mechanical (HVAC), plumbing and electrical (including
telecommunications) systems, and all construction materials, furnishings and fixtures.
o Present design to the Owner for review, comment and approval at 100% design development.
o A construction cost estimate based on actual building components at 100% design development shall be
presented which will be more detailed than the systems estimate prepared during the preliminary design
phase.
o Make presentations to the City Planning Commission and the City Council.
o Anticipated Design Development Deliverables
1. Building plans:
Building elevations
Floor plans
Preliminary MEP plans
Preliminary structural plans
2. Site Plans noting:
Grading
Utility locations and connection points
Stormwater compliance plan and studies
Off-site improvements including street, curb and gutter, sidewalk and ADA ramp improvements
Landscaping and irrigation
Cost Estimate
2.2.3 Construction Documents
o The Consultant shall prepare documents for construction including Plans, Specifications and Estimates
(PS&E) based on the approved Design Development elements suitable for bidding.
o Submittals for City review and comment will be at 50%
Bid 22-010 Allred Agreement Page 12 of 46
o The set of documents shall be sufficient for City of Pueblo to solicit bids and to apply for permitting.
o Once all approvals have been obtained, hard copies of all plans, specifications, reports and estimates shall
be provided for final signatures and permits.
o Construction Documents will incorporate Geotechnical requirements and recommendations for soils
preparation, foundation and paving design.
o Submit plans to the City and Pueblo Regional Building Department for plan review and perform all
required revisions to construction documents based on each reviewing agency and Department’s
comments.
o Final selection of materials and equipment shall be closely coordinated with the City’s project manager,
City building maintenance and Fire Departments representative.
o Meet with City staff to review final design and construction documents.
o The Drawings and Specifications shall comply with National Fire Protection Association (NFPA), and
ADA Accessibility Guidelines (ADAAG) Manual developed by the U.S. Architectural and Transportation
Barriers Board (1998) or ADA Standards for Accessible Design published at 28 C.F.R. Part 36, Appendix
A, whichever is applicable.
o Digital project files shall be provided in both PDF and native formats (AutoCAD/REVIT, Word, Excel,
etc.) prior to final payment release.
o Anticipated Deliverables for Construction Documents Phase
1. Building Plans
Floor plans
Building elevations
Structural Plans
MEP Plans
2. Site Plans
Grading plan
Utility locations and connection points
Stormwater Compliance Plans and Studies
Off-site Improvement Plans
Landscaping and irrigation
3. Technical Specifications
2.2.4 Bidding Phase
o The City will develop bidding materials including invitation to bid, instructions to bidders, and other forms
and supplements required by the City as necessary to ensure that prospective bidders are fully informed as
to construction and materials requirements.
o Attend the pre-bid meeting and provide necessary information for issuance of addendums to the contract
documents.
o Participate in a pre-bid walkthrough at the site with interested contractors and interpret and clarify contract
documents for bidders.
o During the bidding period, the selected firm will respond to requests for information from bidders, and
coordinate with the City for responses and required modifications. Any approved modifications to the
bidding documents will be issued by Addendum by the City.
Bid 22-010 Allred Agreement Page 13 of 46
2.2.5 Construction Services Phase
Provide all customary services necessary to provide Post Construction Award Services (PCAS) for the Fire Station 6
construction.
o Attend Pre-Construction Meeting.
o Respond to contractor requests for information, review submittals, and review applications for payment.
o Review and approval of submittal and shop drawings
o Interpretation of contract document and responding to RFIs
o The City does not expect the scope of the construction to warrant a continuous on-site presence; however,
the selected firm should plan on at least weekly project progress meetings, with the City and general
contractor, and other meetings or site visits as needed to review work progress and verify work is
proceeding in accordance with construction documents. Attendance at the weekly construction meetings
may be periodically virtual; however, in-person attendance will be required upon request.
o Provide observations related to, but not limited to:
Foundations
Dry-in
Fire suppression systems certification
Finishes
Mechanical systems, TAB, and commissioning
Final acceptance
o Generate punch list and certify that all works are completed in accordance with contract documents.
o Verify as-built drawings at end of the project noting all approved field changes. As-built documents will
be electronically updated in AutoCAD/Revit by the design team & consultants and be issued to the owner
for use on future projects subject to release of liability.
Bid 22-010 Allred Agreement Page 14 of 46
Phase
Construction
Administration
$ 97,000.00 $ 97,000.00 $ 97,000.00
Phase
Negotiation
Bidding and
$ 20,000.00 $ 20,000.00 $ 21,000.00
46
of
, 2022
15
,246.00
Associates
&
Page
209
Documents
April 12
Construction
$1,
$ 145,000.00 $ 55,646.00 $ 42,000.00 $ 60,000.00 $ 94,000.00
Allred
submitted
Design
Development
$ 37,000.00
$ 100,000.00 $ 28,600.00 $ 32,000.00 $ 37,000.00
Fee Schedule
SCHEDULE 2
for Reimbursable Expenses and Rates as submitted April 12, 2022
Preliminary
Design Phase
$ 41,000.00
$ 70,000.00 $ 25,000.00 $ 49,000.00 $ 41,000.00
and 3
Summary of Bidder’s Proposed Fee Schedule
,
2
1,
And Excerpt from Bidder’s Proposal
Specifications and
Architectural and Consulting Services for Fire Stations 6, 8 and 11
Work Item
-
Base Building DesignComplete Plans, Specifications and Estimating Station 6Net ZeroComplete Plans, Specifications and Estimating Station 8Complete Plans, Estimating Station 11
010 RFP
-
and Total Base Bid + Alternates
010 Allred Agreement
-
Gr
22
BaseBase
Alt 1Alt 2Alt 3
BID: 22
Bid
Leffler Group
Principal/Senior Designer $235 per hour
Project Manager $155 per hour
Project Architect $140 per hour
Studio Lead/Interior Designer $130 per hour
CAD: $110 per hour
Administrative: $75 per hour
Bid 22-010 Allred Agreement Page 16 of 46
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Schedule 3
Project Schedule
Excerpt from Submitted Proposal dated April 12, 2022, pages 59-60
+3 weeks
+3 weeks
+ 6 Weeks
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Schedule 4
Identification of Personnel, Subcontractors, and Task Responsibility
Excerpt from Submitted Proposal dated April 12, 2022, pages 31 - 48
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