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HomeMy WebLinkAbout7329RESOLUTION NO. 7329 A RESOLUTION AUTHORIZING THE TRANSFER AND APPROPRIATION OF FUNDS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE REGENTS OF THE UNIVERSITY OF COLORADO RELATING TO THE CONSTRUCTION OF A PAVILION AT MINERAL PALACE PARK AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME. WHEREAS. it is the desire of the City Council to fund the Pavilion In The Park project in which the University at Denver College of Architecture and Planning Class will design and volunteer their time to construct a community park pavilion in Mineral Palace Park; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL, that: SECTION 1. Authorization and approval is hereby given for the appropriation of $14.500.00 for the Pavilion In The Park project. The funds for this project shall be transferred from the following accounts: 1) #002 - 1992 - 306 - 000 - 040 -1035 . . . $ 2.364.00 2) #002 - 1993 - 306 - 000 - 040 -1035 . . . $ 3.140.00 3) #002 - 1992 - 100 - 000 - 040 -1037 . . . $ 8,996.00 TOTAL $14,500.00 SECTION 2. The Agreement dated March 28, 1994 between the City and the Regents of the University of Colorado relating to the construction of a pavilion at Mineral Palace Park, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is authorized and directed to affix the seal of the City thereto and attest same. SECTION 3. This resolution will become effective upon final passage. INTRODUCED: March 28, 1994 BY: CHARLES JONES COUNCIL PERSON ATTESTED BY AP PR VED: r CITY CLERK COUWCIL PRESIDEN 4 - AGREEMENT BY AND BETWEEN THE CITY OF PUEBLO, COLORADO AND THE REGENTS OF THE UNIVERSITY OF COLORADO ACTING BY AND THROUGH THE UNIVERSITY OF COLORADO AT DENVER'S COLLEGE OF ARCHITECTURE AND PLANNING REGARDING DESIGN AND CONSTRUCTION OF A PAVILION PART THIS AGREEMENT, entered into as of March 28, 1994, by and between the City of Pueblo, Colorado (hereinafter referred to as the "City ") and the Regents of the University of Colorado, a body corporate contracting on behalf of the University of Colorado at Denver through its College of Architecture and Planning, (hereinafter referred to as the "Contractor "). WITNESSETH THAT: WHEREAS, there is a strong interest on the part of the City for the construction of a pavilion in Mineral Palace Park, in Pueblo, Colorado; and WHEREAS, the Contractor has offered to design and construct said pavilion; and WHEREAS, the Contractor has the capacity to design and build the complete structure; and WHEREAS, the Contractor has offered its design and construction services in return for payment by the City for the cost of materials for the construction of the pavilion as a student project, and for the accommodation of those students involved in the construction of the pavilion; and WHEREAS, funds for this contract are available; NOW, THEREFORE, the City and the Contractor hereby agree as follows: SECTION 1. EMPLOYMENT 101. The City hereby employs the Contractor, and the Contractor hereby agrees to perform the services set forth herein in accordance with the terms and conditions and for the consideration set forth below. The person administering the services to be rendered on behalf of the Contractor shall be Phillip B. Gallegos, or such other qualified person as is designated by the Contractor in writing to the City. 102. The person in charge of administering this Agreement on behalf of the City shall be Rich Zajac, or such other person as the City shall designate in writing to the Contractor. 103. The Contractor shall not subcontract any of the services to be performed by it under this Agreement without the prior approval of the City. 104. In performing the services required under this Agreement, the Contractor shall consult with the City and shall meet, as directed by the City, with other City employees or officials, and with other persons or entities, as necessary, including State and Federal officials and/or neighborhood groups or organizations. SECTION 2. SCOPE OF SERVICES 201. The services to be performed by the Contractor shall consist of the following: A. Choose, with representatives from the City, the pavilion design to be built. B. Develop, in consultation with the City, the construction documents and details for the pavilion. C. Construct the pavilion in conformity with the chosen design. 202. It is the intention of the parties that the Contractor will design and construct the pavilion in a safe and workmanlike manner. Notwithstanding the above, the Contractor is not normally engaged in the activities of architectural design or building construction. Therefore, in recognition of this fact, it is specifically agreed that the Contractor, its students, faculty, and employees will not be liable to the City for any negligence or defects in the design of the pavilion, or, from the date of completion of the pavilion, for any defects or fault in construction. 203. The Contractor is in the relationship of independent contractor to the City. The City will provide General Liability Insurance coverage for the Contractor's students and employees participating in the performance of this Agreement. Contractor will provide workers compensation coverage for its students and employees participating in the performance of this Agreement. 204. In performing the services required by this Agreement, any materials submitted by the Contractor shall conform to applicable provisions of the Federal, State, and local laws and regulations. The City will review all materials submitted by the Contractor to ensure compliance with applicable laws and regulations and the Contractor shall revise, at its sole cost and expense, all material which does not conform to applicable laws and regulations. 205. The Contractor, with the assistance of the City, will be responsible for obtaining any permits -2- required for the construction contemplated by this contract. SECTION 3. OWNERSHIP 301. Upon completion of the services of the Contractor, the pavilion shall become the sole property of the City. 302. All documents for and the design chosen by the City and the Contractor shall remain the property of the Contractor. Copies of all plans and specifications may be retained by the City solely for use with respect to the pavilion and historical purposes and not for copying or construction of any other building or pavilion. 303. The City will provide major tools and equipment and equipment operators for use by the Contractor during the performance of this Agreement, and will cooperate with the Contractor to secure such hand tools as may be necessary for the completion of the work. Any tools purchased by the Contractor for the performance of the services enumerated in Section 2 will become the property of the City. SECTION 4. TM E OF PERFORMANCE 401. All services contemplated by this contractor will be completed by August 31, 1994 SECTION 5. COMPENSATION AND METHOD OF COMPENSATION 501. All materials, tools and other costs shall be ordered by the Contractor subject to the prior approval of the City and shall be paid for directly by the City. 502. The City will provide over -night accommodations for 20 students in addition to shower and kitchen facilities. Accommodations will be subject to prior written approval by the Contractor. It is the intention of the City to provide breakfast and lunch for the students. Reimbursement for those meals not provided by the City will be limited to $3.00 per meal per student. Reimbursement for travel will be limited to $45 per vehicle making one round trip. The Contractor will limit the number of vehicles to no more than seven. 503. The Contractor shall provide, without cost to the City, all the student labor, student supervision, and design services contemplated by this Agreement. -3- SECTION 6. MISCELLANEOUS PROVISIONS 601. This Agreement, its terms and conditions, and any claims arising therefrom, shall be governed by Colorado State Law. 602. The City and the Contractor each binds itself, successors, assigns, and legal representatives to the other party to this Agreement and to the successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. 603. This Agreement incorporates all the understandings of the parties hereto, any and all agreements reached by the parties prior to the execution of this Agreement, whether oral or written. 604. If any provision of this Agreement is held invalid, the balance of the provisions of this Agreement would then continue to conform to the requirements of applicable laws. 605. Any waiver of the terms and conditions of this Agreement by either of the parties hereto shall not be construed to be a waiver of any other term or condition of this Agreement. 606. References herein in the masculine gender shall also be construed to apply to the feminine gender. 607. Except as otherwise specifically provided in this Agreement, whenever under this Agreement approvals, authorizations, determinations, satisfactions, or waivers are required or permitted, such approvals, authorizations, determinations, satisfactions, or waivers shall be effective and valid only when given in writing signed by a duly authorized officer of the City or the Contractor, and delivered in hand or sent by mail, postage prepaid, to the principal office of the party to whom it is directed, which until changed by written notice from one parry to the other are as follows: CONTRACTOR: The Regents of the University of Colorado The University of Colorado at Denver College of Architecture and Planning Campus Box 126 P. O. Box 173364 Denver, CO 80217 -3364 Attn: Professor Phillip Gallegos CITY: City of Pueblo City Hall 1 City Hall Place Pueblo, CO 81003 Attn: City Manager 10 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF PUEBLO Men �City rCou ncil REGENTS OF THE UNIVERSITY OF COLORADO ATTEST: Attest: City Clerk ATTEST: C L 1-14, -1- yV,;' // y v -5- UNIVERSITY OF COLORADO AT DENVER CONTRACT ROUTING FORM This form must accompany all personal service and other contracts for amounts greater than 1,000. Attach the routing form to the contract document and forward to the Office of Financial Services. CONT RACTOR_ INFORMATION Name The C;ty of Pueblo, City Hall Street Address 1 City Hall Place City, State, Zip Code Pueblo, CO 81003 Description of work to Construction of a pavilion at Mineral Palace Park be completed. Schedule of work to be Starting Date: completed. Ending Date: August 31, 1994 Methods for evaluating performance. Has this person been under Yes No xx contract with the University during the past 12 months? Tf yes, describe efforts and ates work was performed. Specify total contract amount, including estimated travel or lodging costs, if applicable. Explain how amount was derived. Explain why this contractor Student p r o ject - ARCH 6686, 3 cr. , St: Building was selected over others. Technology III Internshi List special qualifications Proposal submitted to College and it fit t e nee s and credentials. Attach of tha rniirgP Additional proposals were evaluated resume', vita, or deans but this one fit the needs of the course best. testimonial. , College of Arch and Ping School/College/Department: Donna Lee 4/21/94 126 556 -2878 Campus Box Phone ;Fi ancial Services: Date Legal Co el: Date 1 -10 11/90