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
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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
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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.
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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
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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
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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
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11/90