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
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t
THIS CERTIFICATE MAY BE REPRODUCED ^^ nicc