HomeMy WebLinkAbout10330ORDINANCE NO. 10330
AN ORDINANCE AWARDING AN AGREEMENT FOR MEP
ENGINEERING SERVICES IN THE AMOUNT OF $21,664
TO BRIDGERS & PAXTON CONSULTING ENGINEERS,
INC., FOR 22-013 PROJECT NO.1, MINERAL PALACE
ATRIUM HVAC RENOVATION, AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
WHEREAS, pursuant to the approved Agreements for MEP Engineering
Consulting Services, proposals for Project No. 22-013, Mineral Palace Atrium HVAC
Renovation have been requested, received and examined; and
WHEREAS, the proposal of Brigers & Paxton Consulting Engineers, Inc., of
Colorado Springs, Colorado was determined to be the most advantageous to the City,
and in the best interest of the City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement for Professional Mechanical, Electrical, Plumbing (MEP)
Engineering Services ("Professional Services Agreement"), a copy of which is attached
hereto and made part hereof by reference, by and between City of Pueblo, a Municipal
Corporation, and Bridgers & Paxton Consulting Engineers, Inc., a Colorado Corporation,
to provide MEP engineering design services for the Mineral Palace Atrium HVAC
Renovation, after having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2.
Funding in the amount of $21,664.00 will be paid from account CI2113, ARPA
Revenue Replacement funds for the Greenhouse renovation project.
SECTION 3.
The Mayor is hereby authorized to execute said contract on behalf of the City of
Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the
City thereto and attest same.
SECTION 4.
The officers of the City are authorized to perform any and all acts consistent with
this Ordinance to implement the policies and procedures described herein.
SECTION 5.
This Ordinance shall become effective immediately upon passage and approval.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 14, 2022.
Final adoption of Ordinance by City Council on November 28, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on December 5, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk's Office Item # R4
Background Paper for Proposed
Ordinance
November 14, 2022
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM:
Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE AWARDING AN AGREEMENT FOR MEP
ENGINEERING SERVICES IN THE AMOUNT OF $21,664 TO
BRIDGERS & PAXTON CONSULTING ENGINEERS, INC., FOR 22-013
PROJECT NO.1, MINERAL PALACE ATRIUM HVAC RENOVATION,
AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME
SUMMARY:
This Ordinance awards a task order agreement for MEP engineering services to
Bridgers & Paxton Consultant Engineering, Inc., for 22-013 Project No.1 - Mineral
Palace Atrium HVAC Renovation.
PREVIOUS COUNCIL ACTION:
Resolution 14923, dated June 27, 2022, approved agreements for professional
mechanical, electrical, and plumbing (MEP) engineering service projects between
Pueblo, and BCER Engineering, Plant Engineering Consultants and Bridgers & Paxton,
for Project No. 22-013 MEP Engineering Consulting Services for City Facilities.
BACKGROUND:
The City requested proposals from qualified engineering firms to assist the City of
Pueblo with on-call services for Mechanical, Electrical, and Plumbing (MEP)
Engineering services. Three on-call master contracts were awarded to the following
firms: BCER Engineering, Plant Engineering Consultants and Bridgers & Paxton.
The current project, Mineral Palace Atrium HVAC Renovation, is the first project under
these master agreements and includes conducting a comprehensive evaluation of the
existing Mineral Palace Atrium HVAC system at 1605 N. Santa Fe, to include but not
limited to the mechanical, plumbing and electrical.
All three MEP engineering firms were invited to submit a proposal for the project,
including a project understanding, schedule and fee. The proposal of Bridgers &
Paxton was determined to be the most advantageous to the City of Pueblo.
FINANCIAL IMPLICATIONS:
Funding in the amount of $21,664.00 will be paid from account CI2113, ARPA Revenue
Replacement funds for the Greenhouse renovation project.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denial of this Ordinance will cancel the project.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. 22-013 Bridgers and Paxton - Agreement for HVAC at Mineral Palace Atrium
DocuSign Envelope ID:379B445D-3D44-42D5-8CFF-5439B510E0CD
AGREEMENT FOR
PROFESSIONAL MECHANICAL, ELECTRICAL, PLUMBING(MEP) ENGINEERING
SERVICESBY AND BETWEEN CITY OF PUEBLO
AND BRIDGERS& PAXTON CONSULTING ENGINEERS, INC.
THIS AGREEMENT made and entered this 29th day of November,2022 by and between the City of Pueblo,
a Municipal Corporation (hereinafter "Owner" or "City") and Bridgers & Paxton Consulting Engineers, Inc., a
registered Colorado corporation, a professional engineering firm (hereinafter "Engineer") for Engineer to render
certain professional planning,design,engineering and related services for Owner in connection with Bid 22-013 RFP
MEP Engineering Consulting Services for City Facilities Design of HVAC for Mineral Palace Atrium, 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 Engineer shall satisfactorily perform professional engineering services for all phases of Project
indicated below by mark placed in the appropriate box or boxes:
[ ] - Study and Report Phase
[X] - Preliminary Design(Schematic)Phase
[X] - Final Design Phase
[X] - Construction Documents& Bidding Phase
[X] - Construction Phase
Upon completion of any phase, Engineer shall not proceed with work on the next phase, if
any,until authorized in writing by Owner to proceed therewith.
Such services shall include all usual and customary professional engineering services and the
furnishing (directly or through its professional consultants) of customary and usual civil, structural, mechanical,
electrical, plumbing,environmental, and planning services. Engineer shall also provide any landscape engineering,
surveying,and geotechnical services incident to its work on the Project.
1.2 In performing the professional services,Engineer shall complete the work items described generally
in Schedule 1 —"Scope of Services"and the items identified in Section 2 of this Agreement which are applicable to
each phase for which Engineer is to render professional services.
1.3 Professional engineering services(whether furnished directly or through a professional consultant
subcontract) shall be performed under the direction and supervision of a registered engineer in good standing and
duly licensed to practice in the State of Colorado. Reproductions of final drawings for construction produced under
this Agreement shall be the same as at least one record set which shall be furnished to Owner and which shall be
signed by and bear the seal of such registered engineer.
1.4 Surveying work included within or reasonably contemplated by this Agreement shall be performed
under the direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to
practice in the State of Colorado. All plats and surveys produced under this Agreement shall be signed by and bear
the seal of said Professional Land Surveyor.
1.5 Any architect services provided under this Agreement shall be performed under the direction and
supervision of an architect licensed to practice architecture in the state of Colorado.
SECTION 2. ENGINEERING SERVICES
2.1 Study and Report Phase. If Engineer is to provide professional services with respect to the Project
during the Study and Report Phase, Engineer shall perform the following unless otherwise stated in Schedule 1:
Bid 22-013—Design of 11VAC for Mineral Palace Atrium
DocuSign Envelope ID:379B445D-3D44-42D5-8CFF-5439B510E0CD
(a) Consult with Owner to determine his requirements for the Project and review available
data.
(b) Advise Owner as to the necessity of his providing or obtaining from others data or services
of the types described in paragraph 2.2(c)and assist Owner in obtaining any such services.
(c) Provide special analyses of Owner's needs, planning surveys, site evaluations and
comparative studies of prospective sites and solutions.
(d) Identify and analyze requirements of governmental authorities and regulatory agencies
involved in approval or permitting any aspect of Project.
(e) Provide general economic analysis of Owner's requirements applicable to various
alternatives.
(f) Prepare a Report with appropriate exhibits indicating clearly the considerations involved
and the alternative solutions available to Owner and setting forth Engineer's findings and recommendations
with opinions of probable costs.
(g) Furnish one(1)hard copy and one(1)electronic copy of the Report and present and review
it in person with Owner. Owner may request additional copies as needed for no additional charge.
2.2 Preliminary Design(Schematic)Phase. If Engineer is to provide professional services with respect
to the Project during the Preliminary Design Phase, Engineer shall perform the following unless otherwise stated in
Schedule l:
(a) Consult with Owner and determine the general design concept and Project requirements
based upon information furnished by Owner as well as any study Report on the Project.
(b) Prepare and submit to Owner preliminary design documents consisting of final design
criteria,preliminary drawings,an outline of specifications,and written descriptions of all significant features
of Project.
(c) Prepare and submit to Owner a requirements checklist of any subsurface investigation,
additional data,permits,or other information and requirements which is anticipated will be necessary for the
design or construction of Project.
(d) Provide written disclosure to Owner of significant design assumptions and design risks and
advantages/disadvantages inherent in or presented by design alternatives and make recommendations to
Owner based thereon.
(e) Prepare and submit to Owner a preliminary cost estimate for the Project including
construction cost,contingencies,professional compensation,consultant fees,costs of land and rights of way,
compensation for damages and finance costs, if any.
(f) Engineer shall furnish one (l) hard copy and one (1) electronic copy of each above
referenced submittal document to Owner for Owner's use and shall review same in person with Owner.
Owner may request additional copies as needed for no additional charge.
2.3 Final Design Phase. If Engineer is to provide professional services with respect to the Project during
the Final Design Phase, Engineer shall perform the following unless otherwise stated in Schedule 1:
(a) After consultation with the Owner, receipt of Owner's selection of any design options and
review of the Preliminary Design Documents, if any, prepare and submit to Owner final Drawings showing
the scope, extent, and character of the work to be performed by contractors, and Specifications describing
Bid 22-013—Design of I IVAC for Mineral Palace Atrium
DocuSign Envelope ID:379B445D-3D44-42D5-8CFF-5439B510E0CD
such work and the requirement therefor. Such plans and Specifications shall comply with all applicable
building codes and requirements of regulatory agencies having any approval authority. Final design,
including Drawings and Specifications, shall also comply with ADA Accessibility Guidelines (ADAAG)
Manual developed by the U. S. Architectural and Transportation Barriers Board (1998) or ADA Standards
for Accessible Design published at 28 C.F.R. Part 36, Appendix A,whichever is applicable. Engineer shall
include an attest statement on each record drawing sheet of final plan drawings that certifies
compliance with either the ADAAG Manual or 28 CFR ' 36 Standards.
(b) Make reasonable revisions to the Drawings and Specifications requested by Owner,
informing the Owner of any change in probable construction costs as a result of such revisions.
(c) Provide technical criteria, written descriptions, and design data for Owner's use, and
disclose any significant risks and advantages/disadvantages inherent in or presented by design choices.
(d) Based upon Engineer's best professional judgment,prepare and submit to Owner a current
detailed cost estimate for the Project including construction cost,contingencies, professional compensation,
consultant fees, land and right of way costs, damages,and finance costs, if any.
(e) Engineer shall furnish one (1) hard copy and one (1) electronic copy of each above
referenced submittal document to Owner for Owner's use and shall review same in person with Owner.
Owner may request additional copies as needed for no additional charge.
2.4 Construction Documents & Bidding Phase. If Engineer is to provide professional services with
respect to the Project during the Construction Documents & Bidding Phase, Engineer shall perform the following
unless otherwise stated in Schedule 1:
(a) Prepare and submit to Owner draft forms of contract agreement, general and special
conditions,bid forms invitations to bid, information for bidders, forms of warranty and including any special
requirements imposed upon such contracts by any federal or other funding source and by any regulatory
agency. In preparing such draft forms, Engineer shall consider and incorporate,to the extent both advisable
and feasible, Owner's standard forms of agreement, warranty, payment and performance bonds, general
conditions,and selected specifications.
(b) After review and comment by Owner, prepare and submit all deliverables identified in
Schedule 1 to this Agreement, final forms of contract agreement,general and special conditions, Drawings,
specifications, bid forms, invitations to bid, information for bidders, and forms of warranty, together with
any Addenda which may be required or appropriate to correct errors, clarify Drawings or Specifications or
advise of changes. One (1) hard copy and one (1) electronic copy of these final bid documents shall be
furnished to Owner.Unless otherwise specified in Schedule I,a copy of all contract documents and drawings
shall also be submitted to Owner in Microsoft Word and AutoCAD (2006 or later version) format on
electronic media.
(c) Make recommendations to Owner concerning the need for prequalification of equipment,
vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in final bid and
construction contract documents.
(d) Attend a pre-bid conference with bidders to discuss Project requirements and receive
requests for clarification, if any,to be answered by Engineer in writing to all plan holders.
(e) Consult with and make recommendations to Owner concerning acceptability of bidders,
subcontractors,suppliers, materials,equipment,suitability of proposed "or equals",amount of bids,and any
other matter involved in consideration and review of bids and bidders upon which Owner may reasonably
request Engineer's advice.
2.5 Construction Phase. If Engineer is to provide professional services with respect to the Project during
the Construction Phase, after award by the Owner of a general contractor for construction of the Project, Engineer
shall perform the following unless otherwise stated in Schedule 1:
Bid 22-013—Design of I IVAC for Mineral Palace Atrium
DocuSign Envelope ID:379B445D-3D44-42D5-8CFF-5439B510E0CD
(a) Perform all duties and functions to be performed by Engineer under the terms of the
construction contract.
(b) Visit the Project site, perform observations as to the progress and quality of the work and
advise the Owner as to same. The frequency and level of observation shall be commensurate with the nature
of the work and size of the Project, except that any specific provisions set forth in Schedule 1 - Scope of
Services concerning the level of observation shall determine Engineer's obligation concerning level of
observation.
(c) Make determinations as to whether the work is proceeding in accordance and compliance
with the construction contract documents.
(d) Promptly advise the Owner in writing of any omissions, substitutions, defects, or
deficiencies noted in the work of any contractor, subcontractor,supplier,or vendor on the Project.
(e) Reject any work on the Project that does not conform to the contract documents.
(f) On request of the Owner, the construction contractor or any subcontractor on the Project,
issue written interpretations as to the Drawings and Specifications and requirements of the construction work.
(g) Review shop drawings, samples, product data, and other submittals of the Contractor for
conformance with the design concept of Project and compliance with the Drawings, Specifications, and all
other contract documents, and indicate to Contractor and Owner with respect thereto,any exceptions noted,
or modification or resubmittals required.
(h) Review all applications of Contractor for payment and in connection with same, issue
certificates for payment to the Owner for such amounts as are properly payable under the terms of the
construction contract. Each such certificate shall constitute Engineer's representation to Owner that he has
inspected the Project and that to the best of his knowledge,the work for which payment has been sought has
been completed by Contractor in accordance with the Drawings, Specifications, and other contract
documents.
(i) Subject to written concurrence by Owner, promptly render a written recommendation to
Owner concerning all proposed substitutions of material and equipment.
(j) Draft, for Owner's consideration, and offer recommendations upon, all proposed change
orders and contract modifications.
(k) On application for final payment by the Contractor,make a final inspection of the Project,
assembling and delivering to the Owner any written guaranties, instructions manuals, as-built drawings,
diagrams,and charts required by the contract documents,and issuing a certificate of final completion of the
Project.
(I) The Engineer shall, if provided in the construction contract, be the interpreter of the
construction documents and arbiter of claims and disputes thereunder. Upon written request of the Owner or
Contractor, the Engineer shall promptly make written interpretations of the contract documents and render
written decisions on all claims, disputes and other matters relating to the execution or progress of the work
on the Project. The interpretations and decisions of the Engineer shall be final and binding on the Contractor
and Owner, unless the Director of Public Works of the Owner shall,within seven calendar days after receipt
of the Engineer's interpretation or decision, file his written objections thereto with the Architect and
Contractor.
2.6 Additional Responsibilities. This paragraph applies to all phases of Engineer's work.
(a) Engineer shall be responsible for the professional quality, technical accuracy, timely
completion, and coordination of all of Engineer's work, including that performed by Engineer's consultants,
and including designs,Drawings,Specifications,reports,and other services,irrespective of Owner's approval
Bid 22-013—Design of HVAC for Mineral Palace Atrium
DocuSign Envelope ID:379B445D-3D44-42D5-8CFF-5439B510E0CD
or acquiescence in same. Engineer shall, without additional compensation, correct or revise any errors,
omissions,or other deficiencies in his work.
(b) Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or
damage to Owner caused by Engineer's negligent act or omission; except that Engineer 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) Engineer'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) Engineer shall be completely responsible for the safety of Engineer'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
Engineer's employees.
(e) Engineer acknowledges that, due to the nature of engineering and related professional
services and the impact of same on the Project, the Owner has a substantial interest in the personnel and
consultants to whom Engineer assigns principal responsibility for services performed under this Agreement.
Consequently, Engineer represents that Engineer has selected and intends to employ or assign the key
personnel and consultants identified in Schedule 3 - "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
Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom
Owner has no reasonable objection. Thereafter, Engineer 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, Engineer shall designate in writing a Project
representative who shall have complete authority to bind Engineer, and to whom Owner should address
communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner
to proceed, Engineer shall submit to Owner for approval a schedule showing the order in which Engineer
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
Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Engineer considers beyond or in addition to the scope
of work and services which Engineer has contractually agreed to perform under the terms of this Agreement,
Engineer shall advise Owner in writing (i) that Engineer considers the work beyond the scope of this
Agreement, (ii)the reasons the Engineer believes the out of scope or additional work should be performed,
and(iii)a reasonable estimate of the cost of such work. Engineer 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
Engineer 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 Engineer shall be directed
and who shall have limited administrative authority on behalf of Owner to receive and transmit information
Bid 22-013--Design of l IVAC for Mineral Palace Atrium
DocuSign Envelope ID:379B445D-3D44-42D5-8CFF-5439B510E0CD
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 Engineer 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 Engineer with available information pertinent to the Project including any previous
reports, studies or data possessed by Owner which relates to design or construction of the Project.
(d) Assist in arranging for Engineer to have access to enter private and public property as
required for Engineer to perform his services.
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals, and other
documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time.
The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or
materials furnished hereunder shall not in any way relieve the Engineer 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 Engineer,obtain required approvals and permits
for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining
said approvals and permits.
(g) Notify Engineer whenever Owner becomes aware of any substantial development or
occurrence which materially affects the scope or timing of Engineer'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
Engineer'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.
SECTION 5. PAYMENT
5.1 Owner will pay to Engineer as full compensation for all services required to be performed by
Engineer under this Agreement,except for services for additional work or work beyond the scope of this Agreement,
an amount not to exceed$21,664.00 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 the event compensation for services is set forth
in Exhibit B as to each phase of work indicated in Section 1.1 of this Agreement, the maximum amount of
compensation for any phase shall not exceed the amount specified in Schedule 2 for such phase.
5.2 Engineer 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 Engineer 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 Engineer's services on the Project
phases for which this Agreement is applicable have been completed to Owner's reasonable satisfaction and all required
Engineer submittals have been provided.
Bid 22-013--Design of E 1VAC for Mineral Palace Atrium
DocuSign Envelope ID:3798445D-3D44-42D5-8CFF-5439B510E0CD
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 Engineer for services required and expenditures incurred in
correcting Engineer'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 Engineer's performance hereunder,at any
time upon written notice,either for cause or for convenience. Upon such termination,Engineer 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 Engineer
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 Engineer, Engineer 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 Engineer or Client. In no event shall payment to
Engineer upon termination exceed the maximum compensation provided for complete performance in Section 3(a).
6.3 In the event termination of this Agreement or Engineer's services is for breach of this Agreement by
Engineer,or for other fault of Engineer including but not limited to any failure to timely proceed with work,or to pay
its employees and Engineers,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, Engineer'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 Engineer's professional responsibility for its completed work and services shall survive any
termination.
SECTION 7. GENERAL PROVISIONS
7.1 (a) Ownership of Documents. All designs,Drawings,Specifications,technical data,and other
documents or instruments procured or produced by the Engineer 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 Engineer 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 Engineer,
Owner shall hold harmless and indemnify Engineer 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,Engineer shall
not include representations of the Project in any advertising or promotional materials, except for accurate statements
contained in resumes or curriculum vitae of Engineer's employees. If Engineer 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.
Bid 22-013 Design of 1 IVAC for Mineral Palace Atrium
DocuSign Envelope ID:379B445D-3D44-42D5-8CFF-5439B510E0CD
7.2 Insurance and Indemnity.
(a) Engineer agrees that he has procured and will maintain during the term of this Agreement,
such insurance as will protect him from claims under workers' compensation acts, claims for damages
because of bodily injury including personal injury,sickness or disease or death of any of his employees or of
any person other than his employees, and from claims or damages because of injury to or destruction of
property including loss of use resulting therefrom; and such insurance will provide for coverage in such
amounts as set forth in subparagraph(b).
(b) The minimum insurance coverage which Engineer shall obtain and keep in force is as
follows:
(i) Workers' Compensation Insurance complying with statutory requirements in
Colorado and in any other state or states where the work is performed.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) Engineer agrees to hold harmless, defend and indemnify Owner from and against any
liability to third parties, arising out of negligent acts, errors or omissions of Engineer, 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 Engineer 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,City of Pueblo,
Department of Public Works, Attn: Andrew Hayes, Director, 211 E. D Street, Pueblo,CO 81003 or to the Engineer
at Bridgers& Paxton Consulting Engineers, Inc., Attn: Steve Taylor, Vice President, 1365 Garden of the Gods Rd.,
Suite 260, Colorado Springs, CO 80907. 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.
Bid 22-013—Design of HVAC for Mineral Palace Atrium
DocuSign Envelope ID:379B445D-3D44-42D5-8CFF-5439B510E0CD
7.4 Entire Agreement. This instrument contains the entire agreement between the Owner and the
Engineer respecting the Project, and any other written or oral agreement or representation respecting the Project or
the duties of either the Owner or the Engineer 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 Engineer 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 Engineer 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, Engineer
shall not discriminate against any employee or applicant for employment because of race,color,religion,sex,national
origin, disability, or age. Engineer 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.
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 Engineer shall
confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations.
7.1 I Additional Requirements on Federally Funded Contracts. If any of the work to be performed by
Engineer 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, Engineer agrees to be bound by all such mandatory federal requirements, irrespective of
Engineer'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. Engineer acknowledges that the Project may
require access to property not under the control of Owner at the time of execution of this Agreement. Engineer and
Engineer's employees and consultants shall, at Engineer's expense, obtain all additional necessary approvals and
clearances required for access to such property. Owner shall assist Engineer in obtaining access to such property at
reasonable times but make no warranty or representation whatsoever regarding access to such property. Engineer
understands and agrees that entry to properties not under Owner's control may require Engineer to comply with the
terms of separate access agreements to be negotiated hereafter with owners of such property.
Bid 22-013—Design of I IVAC for Mineral Palace Atrium
DocuSign Envelope ID:379B445D-3D44-42D5-8CFF-5439B510E0CD
SECTION 8. DISPUTES
8.1 Any dispute or disagreement between Engineer and Owner arising from or relating to this
Agreement or Engineer'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, Engineer shall proceed
diligently with performance of his work under this Agreement.
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 1 page.
Schedule 3--"Identification of Personnel, Subcontractors,and Task Responsibility" consisting of 5 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
Engineer therefore,will use his or her best reasonable professional efforts to implement applicable ADA requirements
and other federal,state,and local laws,rules codes,ordinances and regulations as they apply to the Project.
SECTION 11. COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT OF 1986.
Engineer certifies that it has complied with the United States Immigration Reform and Control Act of
1986. Engineer represents and warrants that to the extent required by said Act,all persons employed by Engineer for
performance of this contract have completed and signed Form 1-9 verifying their identities and authorization for
employment.
SECTION 12. PERA LIABILITY
The Engineer 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 Engineer shall submit
the Colorado PERA Questionnaire at time of award and the completed form shall become part of the signed
Agreement.
SECTION 13. 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.
Bid 22-013—Design of HVAC for Mineral Palace Atrium
DocuSign Envelope ID:379B445D-3D44-42D5-8CFF-5439B510E0CD
IN WITNESS WFIEREOF the parties hereto have made and executed this Agreement as of the day and year first
above written.
CITY OF PUEBLO, A MUNICIPAL CORPORATION BRIDGERS & PAXTON CONSULTING
ENGINEERS, INC.
DocuSigned by: r DocuSigned by:
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Naomi fteaaen, uirector of Purchasing a,sieve NI. i aylor, Vice President
DocuSigned by: ; rr
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Attest. 7CO2EBDFFC3D43C
Marisa Stoller,City Clerk
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BALANCE OF APPROPRIATION EXISTS FOR THIS
AGREEMENT AND FUNDS ARE AVAILABLE.
f----DocuSigned by:
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Hlexanurta Romero, Finance Director
APPROVED AS TO FORM:
l DocuSigned by:
RUA, 10S
zascEvan i ogovsek,City Attorney
Attachments: Schedule I Scope of Services
Schedule 2 Fee Schedule
Schedule 3 Identification of Personnel,Subcontractors,and Task Responsibilities
Additional Information
Bid 22-013 -Design of I IVAC for Mineral Palace Atrium