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HomeMy WebLinkAbout6368RESOLUTION NO. 6368 A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND ARTHUR HILLS AND ASSOCIATES, GOLF COURSE ARCHITECTS RELATING TO THE CITY'S PROPOSED MUNICIPAL GOLF COURSE AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: -gprTTnM 1 _ The professional services Contract dated April 24, 1989 between Pueblo, a Municipal Corporation and Arthur Hills and Associates, golf course architects, relating to the City's proposed municipal golf course, in substantially the form and content as the Contract on file in the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved, authorized and confirmed. SECTION 2 The President of the City Council is authorized and directed to execute the Contract for and on behalf of the City with such changes and modifications thereto as the President of the City Council and the City Attorney shall deem necessary, desirable or appropriate, and the City Clerk is directed to affix the seal of the City to the Contract and attest same. INTRODUCED: April 24, 1989 ATTEST: By DOUGLAS L. RING Councilman APPROVED: Ci y Clerk Pres dent of the City Council TJ 35.28 CONTRACT THIS CONTRACT entered into this 24th day of April, 1989 between Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City ") and Arthur Hills and Associates, golf course architects, 4625 S. Wendler Drive, Suite 111, Tempe, Arizona, 85282 (herein "Architect "), WITNESSETH: SECTION 1. GENERAL 1.1 Engagement City does hereby engage Architect to design and develop plans and specifications for the City's proposed 18- hole regulation size public golf course to be constructed on approximately 160 acres of the land described in Exhibit A (the "Project ") and Architect does hereby accept such engagement and agrees to satisfactorily perform the professional services for all Phases of the Project described herein which shall include all customary professional golf course architect services, consultation and advice. Architect shall provide all engineering services incident to Architect's work under this Contract. 1.2 Project Site The Architect in the development and preparation of the plans and specifications for the Project shall consider ground slopes, soils, drainage, ground water, vegetation, wind conditions and all other special site matters and conditions which require careful consideration in the planning of the Project. Architect acknowledges receipt of a copy of the study of Wright Water Engineers, Inc. dated March 30, 1989 and in its planning for the Project will evaluate and address the important site constraints and development requirements discussed therein. SECTION 2. ARCHITECT'S SERVICES 2.1 Preliminary Design Phase (a) The Architect shall consult with the City to ascertain the overall requirements of the Project including, but not limited to, appraisal of the area requirements, circulation relationships, and compatability with other facilities. (b) Develop several alternate 18 -hole golf course routing plans with a practice area and including the schematic planning of parking areas, roads, parking, golf cart paths, drives, clubhouse, and maintenance facilities locations. The Architect is instructed to give reasonable consideration to the fact that the University of Southern Colorado, or its successor in interest to the remainder of the land described in Exhibit A which will not be included in the Project, intend to develop such land for residential and mixed -use commercial development. (c) Prepare a statement of probable construction costs for the Project and a proposed schedule. 2.2 Complete Planning Phase (a) On the basis of the approved preliminary design documents, Architect will prepare plans and specifications setting forth in detail the requirements for construction of the Project in a form for use in bidding and construction which will include: 1. Layout and Staking Plan 1" = 100' 2. Clearing Plan 1" = 100' 3. Grading and Drainage Plan 1" = 100' -2- 4. Grassing Plan 1" = 100' Site Details Sheet (includes cart scale paths, bunker, bridge and other varies details as required) 5. Green Construction Sheets 1 = 30' 6. Landscape Planting Plan 1" = 100' 7. Irrigation Plan 1" = 100' (b) The irrigation system and plan shall ensure the most water and energy efficient and economically reasonable method of providing and distributing water for the Project. (c) The cart path routing, bridge and shelter locations will be shown on the grading and drainage plan. (d) Shelter, maintenance building, parking lot and clubhouse designs are not part of the Architect's services under this Contract. (e) Architect will furnish plans and specifications to the City as required at Architect's costs. 2.3 Construction Phase (a) Plans and specifications for the Project will be let for bid in accordance with City's procedures. Architect shall assist in the preparation of contract documents, pre - qualifying bidders and suppliers, and in obtaining bids. (b) Architect will clarify questions by addenda during the bidding period, conduct a site inspection with bidders prior to bid opening, attend the bid opening, tabulate bids received, make analysis of the construction bids, recommend the construction -3- contract award, and conduct a pre- construction conference with the City's representative and successful bidders. (c) During construction, Architect will make visits to the Project site as required to stake and inspect irrigation heads and systems and to observe the construction work to ensure the work is being done according to the plans and specifications and the design intent is accomplished in the most economical and expeditious manner. City understands and agrees that Architect does not guarantee the performance of any contractor. (d) Architect will prepare estimates for progress payments, make final inspection of the construction when the work has been completed, and approve final payment. (e) Architect will provide City with one set of reproducti- ble "as built" plans. 2.4 City's Authorization. Architect will not perform any services under any Phase of the Architect's work until after City gives Architect written notice to proceed with such Phase. SECTION 3. ARCHITECT'S FEES 3.1 Preliminary Design Phase. For all services performed during the Preliminary Design Phase, Architect shall be paid $20,000.00. Payment shall be made within 30 days after delivery of the approved preliminary design documents. Four (4) meetings in Pueblo are included in this fee. 3.2 Complete Planning Phase. For all services performed during the Complete Planning Phase, Architect shall be paid $119,000.00. Payment shall be made within 30 days after the -4- delivery of the plans and specifications. Three (3) meetings in Pueblo are included in this fee. 3.3 Construction Phase. For all services performed during the Construction Phase, Architect shall be paid $51,000.00. Pay- ment shall be made as regularly invoiced during the construction period. Fourteen (14) visits to the construction site by Architect and required additional visits by the irrigation engineer are included in this fee. 3.4 Meetings and Site Visits Schedule. The schedule for meetings and site visits by Architect assumes City's Project Manager, golf course superintendent, or representatives will be available if needed. 3.5 Grow -In During the grow -in phase, bunker shaping, tee, fairway and green outlets and other details will be outlined for City's golf course superintendent by the Architect to ensure that final detailing is accomplished in relation to the design intent. This service will be performed on a per diem basis and an esti- mated two (2) or three (3) days will be required. 3.6 Out -Of- Pocket Expenses. In addition to the above fees, City will reimburse the Architect for actual and reasonable out - of- pocket expenses, lodging, meals and transportation, to be paid as regularly invoiced. 3.7 Additional Services. If City requires Architect to perform additional services after the course has opened for play, Architect will provide such services on the following hourly basis: Principal - $125.00, Associates - $75.00, and Staff - $45.00. Travel expenses for extra trips will be in addition to -5- the above fee. SECTION 4. TERMINATION 4.1 Termination. City may terminate this Contract at any time for any reason upon ten (10) days prior written notice to Architect. 4.2 Architect's Fees If City suspends the Project for more than three (3) months, or if City terminates the Contract during any Phase, for any reason not the fault of Architect, Architect will be compensated on an hourly rate basis for all services completed prior to the date of receipt of notice of suspension or termination. If City terminates this Contract after Architect completes services under any Phase but before City authorizes Architect to commence work under the next Phase, Architect will be compensated on the basis of the completed phase as set forth in Sections 3.1, 3.2 and 3.3 hereof, as applicable. Resumption of Architect's services after termination or suspension for more than three (3) months by City will require a review of the terms of this Contract and the fees payable to Architect hereunder. 4.2 Documents. All designs, specifications, data and other documents produced by Architect in the performance of this Contract shall be the sole property of the City and the City is vested with all rights therein. Architect agrees to maintain in legible form time records, design calculations, research notes, and other data and records pertaining to the services to be performed by Architect hereunder and City shall have access at all reasonable times to inspect same and make copies thereof. 4.3 Assignment. This Contract is a professional service contract and may not be assigned in whole or in part by Architect. However, this Contract shall be fully and freely assignable by the City to The Pueblo Bank and Trust Company as Trustee without the consent of any person and the Trustee may choose to assume or not assume this Contract. If the Trustee does so assume this Contract, the Architect shall perform the agreements contained herein for the Trustee. Upon the occurrence of a Termination Event, the Trustee may terminate this Contract, and the Architect shall be entitled to payment only from amounts available therefor in the Construction Fund and only for work done prior to such termination. The words and phrases "Trustee ", "Termination Event ", and "Construction Fund" as used in this paragraph shall have the meaning specified in the Golf Course Lease Purchase And Sublease Agreement dated as of January 1, 1989 between Pueblo Municipal Property Corporation, a Colorado nonprofit corporation, as Lessor and Sublessor, and City of Pueblo, Colorado, as Lessee and Sublessee. SECTION 5. CITY'S RESPONSIBILITIES 5.1 Legal Description City will provide Architect with all necessary boundary line data and legal description applicable to the land described in Exhibit A so that Architect may prepare a construction traverse and layout drawings for the Construction Phase. 5.2 City's Representative. City will designate a Project Manager or other representative to whom the Architect will be IWC responsible and from whom all directions and approvals are received. 5.3 City's Information. City will make available to Architect information in its possession pertinent to the Project including, without limitation, rock formation, soil type, water supply and utilities. 5.4 City's Budget. City will provide Architect with City's budget for the Project in order to assist the Architect in setting practical limits on the Project's design. SECTION 6. INSURANCE AND INDEMNITY 6.1 Insurance. Architect shall procure and maintain during the effective term of this Contract comprehensive general and automobile liability insurance and professional liability in the amounts and coverage described in Architect's Certificates of Insurance attached hereto as Exhibit B and workmen's compensation insurance complying with the statutory requirements of the State of Colorado. 6.2 Indemnity. Architect agrees to hold harmless, defend and indemnify City, its officers, agents and employees from and against any and all liability to third parties arising out of the negligent acts or omissions of Architect or its officers, agents or employees. SECTION 7. MISCELLANEOUS 7.1 Notices. Any and all notices or other communications required or permitted by this Contract or by law to be served on !M or given to either the City 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 services when deposited in the United States mail, first -class postage prepaid, addressed to the City, Attention: City Manager, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003, or to the Architect at 4625 S. Wendler Drive. Suite 111, Tempe, Arizona, 85282. Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 7.2 Entire Agreement. This instrument contains the entire agreement between the City and the Architect respecting the Project. 7.3 Amendments No amendment to this Contract shall be made nor be enforceable unless made by written Amendment signed by an authorized representative of Architect and by the City Manager of City. 7.4 Choice of Law This Contract shall be governed and interpreted in accordance with the laws of the State of Colorado. 7.5 Equal Employment Opportunity. In connection with the performance of this Contract, Architect shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, handicap or age. Architect shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, handicap or age. M&OIC 7.6 Binding Effect This Contract shall be binding upon and inure to the benefit of the City and its successors and assigns and the Architect and its successors. CITY OF PUEBLO, A MUNICIPAL CORPORATION By Title: President of the City Council ARTHUR HILLS AND ASSOCIATES By ,G►�► Title: Associate TEJ 35.31 =0Z EXHIBIT "A" A parcel of land located in the South 1/2 of the South i/2 of Section 9, the Test 1/2 and the Northeast 1/2 of Section 17 and the Northeast 1/4 of the Southeast 1/4 of Section 18, all being in Township 20 South, Range 64 West of the 6th Principal Meridian, more particularly described as follows: Beginning at a point froin which the Northeast corner of said Section 17 bears N 89 ° 12 1 00" E (bearings based on the North line of said Section 17 to bear N 89'12 E), a distance of 860.00 feet; thence N 00'48 W, a distance of 1,211.87 feet; thence S 89 W, a distance of 3,848.88 feet; thence S 00'48 E, a distance of 1,211.87 feet to a point on the North line of said Section 17; thence N 89'12 E along said North line, a distance of 718.58 feet; thence S 39 ° 16'13" W, a distance of 2,895.41 feet (S 39'12' W, 2,900 feet, Deed) to the Southeast corner of Lot 4, Block 53. in University Park Subdivision, 15th Filing, according to th -a recorded plat as filed for record in Book 2221 at Page 323 of the Pueblo County Records; thence S 40'56'39" E (S 40'48" E, Deed), a distance of 1,339.14 feet to the North line of a permanent highway easement as recorded in Book 1680 at Page 593 of the Pueblo County Records; thence S 61'08'36" E (N 61'08' W, Deed) along said North line, a distance of 1,049.84 feet; thence N 28'51 E, a distance of 483.25 feet; thence Northerly along the arc of a non-tangent curve to the right whose center bears N 72'03'16" E, having a central angle of 44'34 and a radius of 800 feet, a distance of 622.34 feet; thence N 26'37'35" E. a distance of 1,368.09 feet; thence Northeasterly along the arc of a curve to the right, having a central angle of 61'58 and a radius of 800 feet. a distance of 865.31 feet; thence N 01'24'02" W, a distance of 1,091.15 feet more or less to a point on the North line of said Section 17; thence N 89 E along said North line. a distance 1,606.51 feet to the point of beginning. Said parcel contains 260 acres more or less. !'_�SJE DATE (M` ,C)DIv r aAonI_ "CEA CROCKETT- MILLER CO 4253 MONROE ST TOLEDO OH 43606 TH15 CERTIFICATE 15 1550CD AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, i EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE A - -_ _- µ H BUCKEYE UNION ARTHUR HILLS & ASSOC G 7351 W BANCROFT ST TOLEDO OH 43615 D USF &G E THIS iS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HA,'F BEE. N IS SUE' 'O 1 HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWI'THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF A! , COQ+: ' Cl- '_17HER DOCUMEr�T WITH RESPECT TO W'HICFI THIS CERTIFICATE MAY BE ISSUED OR MAY PER'AIN THE INSURANCE AFFORDED BY THE Po I_ICIEt, C)ES" iBF HEREIN IS SJB.,EC,T TO ALL THE TERMS. EXCLUSIONS AND CONDI- TIONS OF SUCH POLICIES F r cc• ` - IN THOUSANDS GENERA IAB LILY.::; -- ►� SP086134488 10/01/88 10 01 89 X. 1 Au nm" rIL1 L- ABILITY 1 ,10/01/88 —_ —_ �_ -- ._ �CLP5121031 110/01/89 —j j 500 X X I , EXCESS LIAB'.TY en I j i - - -- -- 18200924882 11/05/88 1 1 /05/89 ORKERS COMPENSATION AND I 10 0 I EMPLOYERS LIABiLITI 500 100 O THER — - - -- i i CESCRiP' "l'.OFOPERATICNS.:CCATr JE -,C_ES RESTRIC ,'...- ALL OPERATIONS OF THE NAMED INSURED EXHIBIT B SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX P;RATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO THOMAS E JAGGER MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 127 WEST THATHER BLDG LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IM PO ENO OBLIGATION OR PUEBLO COLORADO 81 003 LIABILITY OF ANY KIND UPON THE COMPANY, IT GE Oq REP SEN TATIVES. aJTHCRiZED REPRESENTATIVE / '�(� FREDERICK L MILLER ' // Q / S Design PnOsesk els A. 834 Hill Avenue B Glen Ellyn, IL 60137 (3U) 85645W Member_ Firm Structure: (Individual /Partnership Q Coverage Term Effective Date: (12:01 a.m. loca I. DECLARATIONS 0 7/06/88 Expiration Date: 07/06/89 time at member's address shown above) DPSIP ")ember N umber: $707360035 Member Firm: Arthur Hills and Associates / Corporation / Joint Venture) E. Retroactive Coverage Date 07/06/85 (Applies only to prior acts coverage) F. Limit of Liability $ 1, 000,.000 per claim 8c aggregate . ( -This is the maximum DPSIP will pay for one claim or the total of all claims during the Coverage Term, including defense costs, charges and expenses. The Limit of Liability is in excess of your Deductible shown under I, G below.) G. Deductible $ 1010 per claim (including defense �c claims expenses) H. Annual Contribution $ 823 I. Endorsements Applicable �- None J. Notice of Claims Made Coverage Your professional liability is provided on a claims made basis. Coverage only applies to wrongful acts which happen and for which claim is first brought against you while this coverage is in force. No coverage exists for claims made against you after the end of your membership in the Design Professionals Association or at the end of your Coverage Term shown above, unless and to the extent a written extension of coverage is issued to you. The limit of coverage available to pay judgements or settlements shall be reduced by amounts incurred for your legal defense and amounts incurred for your legal defense will be applied to your Deductible as shown above. K. Full Disclosure Provision This coverage is issued upon the reliance of truth of facts disclosed in the application, as well as reliance of truth upon the following declarations: 1. During the last five years, no claim of the type to be covered has been brought against the member firm, any employee or others to be covered by this coverage, except as has been disclosed in writing in the application completed for this coverage; 2. During the last five years, no insurer or other provider of professional liability has cancelled or refused to renew any professional liability, except as has been revealed in writing in the application completed for this coverage; � 3. No person to be covered has any knowledge of any prior professional act, omission or error, deficiency or dispute which could be expected to give rise, be the basis of, or result in a claim under this coverage. LANDSCAPE ARCHITECTS PRUFESSIU " :aL LIABILITI Me A C. ddress• 7351 W. Bancroft 3t. Toledo, OH 43617 Corp oration Page 1 STATE OF OHIO THE INDUSTRIAL COMMISSION & BUREAU OF WORKERS' COMPENSATION .. COLUMBUS, OHIO 43215 CERTIFICATE OF PREMIUM PAYMENT THIS IS TO CERTIFY, AND NOTICE IS HEREBY GIVEN TO All PERSONS, that on date hereof the below named employer paid into the State Insurance Fund premium as provided by law and that, therefore, said employer is entitled to the rights and benefits of said fund during the period below set forth. MUST BE POSTED IN A CONSPICUOUS PLACE. RISK NO. AND EMPLOYER PERIOD SPECIFIED BELOW ewc 1= oa -n 1 t t t THIS CERTIFICATE MAY BE REPRODUCED ^^ nicc