HomeMy WebLinkAbout7682RESOLUTION NO. 7682
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
WALKER PARKING CONSULTANTS/ENGINEERS, INC. AND
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR
PROFESSIONAL SERVICES IN CONJUNCTION WITH DESIGN
AND CONSTRUCTION OF A DOWNTOWN PARKING
STRUCTURE, AND AUTHORIZING THE PRESIDENT OF THE
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The Agreement For Professional Engineering Services dated July 24, 1995, between Walker
Parking Consultants/Engineers, Inc. and the City of Pueblo, a Municipal Corporation, ( "the
Agreement ") to provide professional services in connection with design and construction of a
downtown parking structure, a copy of which is attached and incorporated, having been approved
as to form by the City Attorney, is hereby approved.
SECTION 2
Funds not to exceed $161,000.00 payable under the Agreement for said professional services
shall be paid from Account No. 045- 1995 -100- 000 - 040 -0020.
SECTION 3
The President of the City Council is hereby authorized to execute the Agreement on behalf
of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and
attest same.
INTRODUCED: July 24, 1995
By Fay Kastelic
Councilperson
ATTEST:
Ci ty qcle ( tzng)
APPROVED:
0
President of the City Council
J; \Crry \TRANSP\ PRKGARAG\RESOLUTI. WPD
Rev. 7/17/95
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT made and entered this 24th day of July, 1995 by and between the City
of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Walker Parking
Consultants/Engineers, Inc., a professional engineering and design firm (hereinafter "Engineer ") for
Engineer to render certain professional engineering and related services for Owner in connection
with construction of a downtown parking facility, hereinafter referred to as the "Project." The
Project is further defined in Appendix A. 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 and Design Development) Phases
[x] - Final Design Phase including preparation of Bid Documents
[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 consultation and advice
and the furnishing (directly or through professional consultant subcontractors) of customary and
usual civil, structural, mechanical and electrical engineering services. Engineer shall also (directly
or through subcontractors) provide any architectural and landscape architectural services incident
to its work on the Project.
1.2 In performing the professional services, Engineer shall complete the work items
described generally in Appendix A - 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 Funding _Source Requirements
(a) Engineer understands that Owner is funding Engineer's services and the
Project with federal financial assistance provided through the Economic Development
Administration of the U.S. Department of Commerce ( "EDA "), pursuant to a grant agreement dated
April 27, 1995, Award Number 05 -01- 02760, and applicable federal regulations. Engineer agrees
that Engineer's performance under this Agreement is subject to, and Engineer shall comply with,
to the best of Engineer's knowledge applicable provisions of said grant agreement and regulations
and requirements made applicable to the Project by virtue of same.
(b) Engineer shall comply with Federal, State, and local laws applicable to its
activities, including but not limited to: 15 CFR Part 24, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments;" OMB Circular A -87, "Cost
Principles for State and Local Governments;" 15 CFR Part 29a, "Audit Requirements for State and
Local Governments;" 49 CFR Part 29, "Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug Free Workplace (Grants);" 15 CFR
Part 28, "New Restrictions on Lobbying ;" and the Department of Commerce regulations concerning
nondiscrimination in federally assisted programs, 15 CFR Parts 8 and 20.
(c) All records with respect to any matters covered by this Agreement shall be
available for inspection by Owner, the U.S. Department of Commerce, and the Inspector General
of same, at any time during normal business hours and as often as Owner, the Department or such
Inspector General deems necessary, to audit, examine and make excerpts or transcripts of relevant
information, and otherwise to perform its official functions or duties.
(d) In the preparation of design documents, including plans, specifications,
technical criteria and bid documents, Engineer shall include applicable requirements set forth in the
"Requirements for Approved Projects" (Eighth Edition 1984) in connection with the Project,
together with other provisions required to be incorporated by virtue of said grant agreement, federal
law or EDA regulation. To the extent practicable, Engineer shall integrate such requirements with
Owner's standard forms of agreement so as to avoid unresolved conflict or ambiguity.
(e) This Agreement is and shall be fully and freely assignable to The Bank of
Cherry Creek, N.A. as trustee ( "Trustee ") under the Mortgage and Indenture of Trust between the
Trustee and the City of Pueblo, Colorado Municipal Building Corporation ( "Corporation ") dated
as of June 1, 1995 ( "Indenture ") without the consent of any other person and the Trustee may choose
to assume or not assume this Agreement, and, if the Trustee does so assume this Agreement, the
Engineer shall perform the agreements contained herein for the Trustee. The Trustee may terminate
this Agreement, and the Engineer shall then be entitled to payment only from amounts available in
the Construction Fund as defined in the Indenture and, notwithstanding anything to the contrary set
forth in Section 6 of this Agreement, then only for work done prior to such termination. All contract
documents prepared by Engineer for construction of the Project shall contain identical requirements
relating to assignability and termination sufficient to comply with the requirements set forth in
Section 7.05 of the Lease Purchase and Sublease Agreement between Owner and the Corporation
dated June 1, 1995.
1.4 Professional engineering services shall be performed under the direction and
supervision of a registered Professional 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 Professional Engineer.
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1.5 Architectural services shall be performed under the direction and supervision of an
architect duly licensed and authorized by law to conduct a practice of architecture in the state of
Colorado.
SECTION 2. ENGINEER SERVICES
2.1 Study Report Phase (Not Applicable)
2.2 Preliminary Desic— (Schematic and Design Development) Phases If Engineer is to
provide professional services with respect to the Project during the Schematic Design and Design
Development Phases, Engineer shall:
(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
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,
significant 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 and consultant fees. Cost
estimates for land and rights of way, compensation for damages and finance costs, if any, will be
provided by the Owner.
(f) Engineer shall furnish six (6) copies of each above referenced submittal
document to Owner for Owner's use, and shall review same in person with Owner.
2.3 Final Design and Bidding Phase If Engineer is to provide professional services with
respect to the Project during the Final Design Phase, Engineer shall:
(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 such work and the requirement therefor. Such plans and Specifications
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shall comply with applicable building codes and requirements of regulatory agencies having any
approval authority.
(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. However, substantial changes in the nature or scope of the Project which are inconsistent
with approvals or instructions previously given by the Owner are considered Additional Services
for which the Engineer will be compensated according to Paragraph 2.5(g).
(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 and consultant fees. Cost estimates for land and right of way costs,
damages and finance costs, if any, will be provided by the Owner.
(e) 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.
(f) After review and comment by Owner, prepare and submit final forms of
contract agreement, general and special conditions, 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 original reproducible
copy and 12 useable copies of these final bid documents shall be furnished to Owner.
(g) 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.
(h) 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.
(i) 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.
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2.4 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 contract or
contracts for construction of the Project, Engineer shall:
(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 Appendix A - 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 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 visited and reviewed 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.
0) Draft, for Owner's consideration, and offer recommendations upon, all
proposed change orders and contract modifications.
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(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,
record drawings based on information provided by the Contractor, diagrams and charts required by
the contract documents, and issuing a certificate of final completion of the Project.
(1) The Engineer shall, if and to the extent so 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
Engineer and Contractor. Engineer shall not be liable for results of interpretations or decisions so
rendered in good faith.
15 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 subcontractors, and including designs, Drawings, Specifications, reports
and other services, irrespective of Owner's approval or acquiescence in same. Engineer shall,
without additional compensation, correct or revise any errors, omissions or other deficiencies caused
by Engineer 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, whether
now existing or hereafter enacted.
(c) Engineer's professional responsibility shall comply with the generally
accepted 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
M
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 Appendix C -
"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 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 time table 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 Appendix B - "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 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
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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 46 days shall be presumed reasonable
for Owner to act with respect to any matter involving policy or significant financial impact. The
above periods of presumed reasonableness shall be extended where information reasonably required
by Engineer is not within the custody or control of Owner but must be procured from others.
(i) Furnish a land survey of the site showing boundaries, recorded and apparent
rights -of -way and easements, and apparent structures, utilities and encroachments, if any.
(j) Furnish the services of a geotechnical engineer to conduct test borings,
analyze data and provide such information as the Engineer may reasonably request.
(k) Furnish the services of testing firms to conduct such construction phase field
and laboratory tests as are required by the construction documents.
(1) The services described in (i), 0) and (k) will be furnished at the Owner's
expense and Engineer will be entitled to rely upon the accuracy and completeness thereof.
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 Appendix A - 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, the lump sum fee of $153,000 itemized by major tasks as
provided in Appendix B - "Fee Schedule" computed in accordance with this Section. The lump sum
fee includes all work to be performed by Engineer's subcontractors and consultants. In addition to
said fee, Engineer shall be entitled to be paid for certain reimbursable expenses, identified in
Appendix B, in an amount not to exceed $8,000.00 in the aggregate.
5.2 Engineer shall submit periodic, but not more frequently than monthly, applications
for payment, aggregating to not more than the lump sum fee, for actual professional services
rendered, and for 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 lump sum fee for any phase of the work,
or such amount of the fee as has been identified to any major task, unless the Engineer's services on
the Project with respect to such phase or task, for which this Agreement is applicable, have been
completed to Owner's satisfaction and all Engineer submittals required therefor have been provided.
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 Appendix B - "Fee Schedule."
5.4 No separate or additional payment shall be made for profit or overhead. No separate
or additional payment shall be made for computer time, secretarial or clerical time or other expenses
unless specifically identified as a reimbursable expense item in Appendix B - "Fee Schedule," and
made subject to any limitations set forth in paragraph 5.1 above.
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 2.5(g).
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SECTION 6. TERMINATION
6.1 The 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 shall cease all work and stop incurring expenses, and shall promptly
deliver to the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries
and all other information, and materials as Engineer may have accumulated in performing this
Agreement, together with all finished work and work in progress.
6.2 The Engineer reserves the right to terminate this Agreement at any time upon written
notice should the Owner fail substantially to perform in accordance with the terms of this
Agreement through no fault of the Engineer. Failure of the Owner to make payments to the
Engineer in accordance with this Agreement shall be considered substantial nonperformance and
cause for termination.
6.3 Upon termination of this Agreement for events or reasons not the fault of Engineer,
Engineer shall be paid at the rates specified in Appendix B - "Fee Schedule" 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 Owner or Engineer. In no event shall payment to Engineer upon
termination exceed the lump sum fee and authorized reimbursable expenses provided for complete
performance in paragraph 5.1 and Appendix B.
6.4 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, subcontractors or consultants, or to perform
services with that level of care and skill ordinarily exercised by professional Engineers specializing
in the design of parking facilities, or to perform work in a manner deemed satisfactory by Owner's
Director of Public Works, then in that event, Engineer's entire right to compensation shall be limited
to the reasonable value of completed work to the Owner for services satisfactorily performed and
reimbursable expenses reasonably incurred, prior to date of termination.
6.5 Engineer's professional responsibility for his completed work and services shall
survive any termination.
SECTION 7. GENERAL PROVISIONS
7.1 Ownership of Documents All designs, Drawings, Specifications, and other work
product 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
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Agreement. In the event Owner uses the designs, Drawings or Specifications provided hereunder
for another project independent from Project, without adaptation and review 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. All designs, Drawings,
Specifications, and other work product 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
and review 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. In the event (i) Owner terminates the services of Engineer prior to completion of final
design, and thereafter Owner completes the design and construction of the Project without review
and adaptation of the design, Drawings and Specifications by Engineer, or (ii) Owner terminates the
services of Engineer after completion of final design and the Owner completes the construction of
the Project with modifications to the plans, Drawings and Specifications prepared by Engineer,
Owner agrees that it will hold Engineer harmless from all loss, claims, and injury attributable to the
completion of design by others or to such modifications from Engineer's final design, Drawings
and Specifications.
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.
(ii) Comprehensive General and Automobile Liability Insurance with
limits not less than Four Hundred Thousand and No /100 Dollars ($400,000.00) per person
and occurrence for personal injury, including but not limited to death and bodily injury, Four
Hundred Thousand and No /100 Dollars ($400,000.00) per occurrence for property damage,
and One Million and No /100 Dollars ($1,000,000.00) for excess umbrella liability.
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(iii) Professional Liability Insurance in amounts and form, and with a
deductible, acceptable to Owner.
(c) Engineer agrees to hold harmless 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, Attention: Donald J. Saling, Department of
Transportation, 350 S. Elizabeth, Pueblo, Colorado, or to the Engineer at Walker Parking
Consultants/Engineers, Inc., Attention: Larry W. Hofmockel, 2530 South Parker Road, Suite 635,
Aurora, Colorado, 80014. 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.
7.4 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.
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.
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 Transportation.
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
insure 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 v ra U . If any provision of this Agreement 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.
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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.
7.11 Required Approvals This Agreement shall not be effective until approved by
Owner's City Council, execution by the parties' representatives and approval by EDA.
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 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. APPENDICES
9.1 The following Appendices are attached to and made a part of this Agreement:
Appendix A - "Scope of Services" consisting of 4 pages.
Appendix B - "Fee Schedule" consisting of 2 pages.
Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility"
consisting of 1 page.
SECTION 10, OTHER TERMS AND CONDITIONS.
10.1 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 Owner acknowledges that the
requirements of the ADA will be subject to various and possibly contradictory interpretations. The
Engineer, therefore, will use his or her reasonable professional efforts to interpret applicable ADA
requirements and other federal, state and local laws, rules, codes, ordinances and regulations as they
apply to the Project. The Engineer, however, cannot and does not warrant or guarantee that the
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Owner's Project will comply with interpretations of ADA requirements and /or ADA implementing
requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they
apply to the Project.
10.2 If precast concrete is utilized, the precast portions of the structure will be specified
using a performance specification. The precaster will be responsible for structural design, detailing,
fabrication and erection for this portion of the Project in accordance with performance criteria
prepared by the Engineer. The precaster will be responsible for preparing sealed drawings and
calculations for submittal for building permit for the above portions of the Project. Design by
precaster shall be reviewed by Engineer for conformance to specified performance criteria and
rejected unless consistent and compatible with Engineer's overall design concept for the Project.
10.3 During the normal course of the design, attention will be given to common security
concerns. However, inasmuch as risk levels change and are influenced by the ingenuity of the
criminal, there can be no assurance that all risks will be recognized. Further, the effectiveness and
utility of security measures ultimately are dependent on a number of factors outside of Engineer's
control such as physical constraints inherent in the design, budgetary constraints, and proper
implementation and maintenance of security programs. Engineer therefore does not represent that
measures included in the design constitute all security requirements nor that, if taken, they will
prevent or deter all criminal acts.
10.4 Unless otherwise provided in this Agreement, the Engineer and Engineer's
consultants shall have no responsibility for the discovery, presence, handling, removal or disposal
of or exposure of persons to hazardous materials in any form at the Project site, including but not
limited to asbestos, asbestos products, polychlorinated biphenyls (PCBs) or other toxic substances.
10.5 The parking structure will be open air by code definition and therefore will not
require mechanical ventilation or sprinklering. If these should be required, Engineer will design
same as an additional service.
10.6 To the fullest extent permitted by law, and not withstanding any other provision of
this Agreement, the total liability, in the aggregate, of Engineer and Engineer's officers, directors,
employees, agents and subconsultants, and any of them, to Owner and anyone claiming by, through
or under the Owner, for any and all claims, losses, costs or damages of any nature whatsoever
arising out of, resulting from or in any way related to the Project or the Agreement from any cause
or causes, including but not limited to the negligence, professional errors or omissions, strict
liability, breach of contract or warranty, express or implied, of Engineer or Engineer's officers,
directors, employees, agents or subconsultants, or any of them shall not exceed the total amount of
one million dollars ($1,000,000.00).
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of
the day and year first above written.
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CITY OF PUEBLO
President of the City Council
Attest:_
City Cle
[SEAL]
ENGINEER
WALKER PARKING CONSULTANTS/
ENGINEERS, INC.
By
L
Title:
B
Title: S'e. Vices f7C�sir.�7�77
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
YJ.M �_ om'O'L-
Director of Finance
APPROVED AS TO FORM:
4 ,s�city Attorney
J: \CnTY\TRANSP\PRKGARAG\PROFS VC3.WPD —
APPENDIX A - Scope of Services
The facility will be located on the site at 3rd Street between Grand Avenue and Court Street,
and will include approximately 510 parking spaces on grade plus one and one half supported
levels. Hard construction cost is estimated to be about $2.5 million, including contingency.
The covered arcade along the south and east sides of the facility and any other special
streetscape treatments are excluded from the cost estimate and our scope of work at this time.
SCOPE OF SERVICES
A. Schematic Design
1. Building on the conceptual plans previously completed, confirm with
representatives from the City of Pueblo the number of spaces to be provided
and other program requirements of the project.
2. Determine location of the facility on the site including orientation of parking
bays, bay sizes and setbacks.
3. Design all internal circulation within the parking structure, both vehicular and
pedestrian. Design the ingress and egress areas for functional efficiency and
occupancy capacities, including the number of lanes and length of queuing
areas required. Design the parking geometrics including stall sizes and angles,
and drive aisle sizes.
4. Lay out preliminary striping for the parking facility, including requirements of
the Americans with Disabilities Act (ADA).
5. Determine the proper number and appropriate location of stairtowers and
elevators.
6. Design typical floor slopes for positive drainage and patron comfort to include
establishing floor elevations and locating floor drains and mechanical risers.
7. Evaluate, on a conceptual level, potential facade treatments and stair and
elevator tower designs.
8. Prepare conceptual cost estimate and project schedule.
9. Prepare and present schematic drawings which will illustrate facility size,
traffic flow, stair and stair /elevator tower sizes and locations, facade treatments
and internal and site traffic circulation. Separate presentations to City Council
and Downtown Merchants Association are envisioned on the same day.
Note: We understand the site survey and geotechnical investigation/report will be
done by others under separate contracts with the Owner.
Appendix A - Scope of Services
Page Two
B. Design Development
Further develop the approved schematic design to evaluate appropriate systems with particular
emphasis on architectural expression, function, durability, and overall economy. Finalize
dimensions and the location of the parking facility on the site. Assist in refining the project
budget and schedule. Prepare and present design development drawings and outline
specifications. Again, two presentations on the same day are envisioned.
1. Structural Design
a. Evaluate precast concrete and post - tensioned concrete options and
recommend the most appropriate system.
b. Design and lay out the structural grid system to provide for parking
efficiency, patron comfort and future flexibility.
C. Locate all expansion joints and detail these joints for the selected
structural system.
d. Prepare outline specifications for structural engineering items and
sealers, sealants and joint systems.
2. Architectural Design
a. Further refine the schematic design drawings for all main architectural
elements of the garage. Develop all elevations, stair sections and
wall building sections, and select exterior glazing and masonry systems
(if any).
b. Prepare functional graphics and signage plans for the interior of the
garage to effectively guide drivers and pedestrians through the parking
structure.
3. Civil Design
a. Design and lay out slab -on- grade, driveways, curb cuts, site work and
utility connections.
b. Develop preliminary landscaping recommendations.
Appendix A - Scope of Services
Page Three
4. Electrical and Mechanical Design
a. Select the appropriate light source and lay out the parking facility
lighting to provide for economy while considering necessary intensities
for security.
b. Determine wash -down, fire protection and mechanical systems for the
parking facility.
5. Parking Operations
a. Establish the method of operation and revenue collection for the facility
allowing for future flexibility to modify the method of operation.
b. Design entry/exits, islands, curbs, queuing areas, etc. consistent with
the selected method of operation. It is our understanding that revenue
control equipment (gates, ticket spitters, cashier booths, etc.) is not
envisioned at this time.
C. Construction Documents
1. Prepare civil, architectural, structural, and electrical /mechanical construction
documents for competitive bidding.
2. Prepare final cost estimate and anticipated construction schedule.
3. Walker will put forth reasonable professional efforts to comply with codes,
regulations, laws and guidelines in effect at the time of submission of the
documents to the building authority.
4. Construction documents will be sealed by a registered professional engineer in
the state of Colorado. We currently intend this person to be Thomas S.
Romine, P.E., Chief Engineer.
D. Bidding
1. Review the bid package for completeness and coordination prior to release for
bids.
2. Attend prebid meeting.
Appendix A - Scope of Services
Page Four
3. Assist in final recommendation of prime contractor.
4. Review alternate cost saving methods with the owner and accepted contractors.
E. Construction Administration
1. Review shop drawings and materials sample submittals for civil, structural,
mechanical, electrical and architectural construction.
2. Make visits to the jobsite at intervals appropriate to the various stages of the
construction to observe the progress and quality of the parking facility
construction, in accordance with standard AIA or NSPE documents. It is
anticipated that 15 visits by Walker will be provided, assuming a 30 week
construction period. These visits will be supplemented by visits by our
subconsultants as needed.
3. Issue necessary interpretations and clarifications of the contract documents.
4. Prepare a punchlist for the construction, and participate in final punchlist
review.
5. Prepare a maintenance and operational manual including contractor warranties,
system descriptions and maintenance procedures.
6. Provide a site visit eleven (11) months after substantial completion of the
facility to observe any identified warranty concerns.
Note: We understand materials testing during construction will be done by others
under separate contract with the Owner.
APPENDIX B - Fee Schedule
For the basic services described in Appendix A, the Owner will pay the Engineer a lump sum
fee of one hundred fifty three thousand dollars ($153,000.00). Progress payments in each
phase will total the following percentages of the total fee.
A.
Schematic Design
15%
$22,950
B.
Design Development
20%
$30
C.
Construction Documents
40%
$61,200
D.
Bidding
5%
$ 7,650
E.
Construction Administration
20%
$30
Compensation for authorized additional services will be on the basis of the hourly rates
included in this Appendix B. The Engineer will be allowed to adjust the hourly rates
annually on January 1 subject to the approval of the Owner.
Reimbursable expenses are in addition to fees and include 1.1 times the cost of travel and
subsistence, toll telephone calls and facsimile transmissions, postage and overnight mail,
reproductions, and similar project - related items. Reimbursable expenses will not exceed eight
thousand dollars ($8,000.00) without the Owner's prior approval.
Appendix B — Fee Schedule
Page Two
STANDARD BILLING RATES - EFFECTIVE JANUARY 1, 1995
OFFICERS /DIRECTORS
SENIOR OFFICER $ 175.00
OFFICER /OFFICE MANAGER $ 140.00
DIRECTOR $ 125.00
PARKING CONSULTING
SENIOR PARKING SPECIALIST $ 110.00
PARKING SPECIALIST $ 83.00
ENGINEERING
CHIEF ENGINEER /DEPT. HEAD
$
110.00
SENIOR ENGINEER /ARCHITECT
$
95.00
PROJECT ENGINEER /ARCHITECT
$
83.00
DESIGN ENGINEER /ARCHITECT
$
72.00
PROJECT MANAGEMENT
SENIOR PROJECT MANAGER $ 125.00
PROJECT MANAGER $ 95.00
PROJECT REP (ENGR) $ 76.00
PROJECT REP (TECH) $ 62.00
TECHNICIANS
DESIGNER $ 80.00
CHIEF TECHNICIAN $ 73.00
SENIOR TECHNICIAN /ANALYST $ 65.00
PROJECT TECHNICIAN /ANALYST $ 51.00
DESIGN TECHNICIAN /ANALYST $ 42.00
CAD $ 20.00 +
OPERATOR RATE
OFFICE
BUSINESS MANAGER $ 49.00
SECRETARY $ 39.00
CLERICAL $ 31.00
DRAFTING ASSISTANT $ 27.00
Rates are adjusted annually on January 1
APPENDIX C - Identification of Personnel, Subcontractors and Task Responsibility
The Engineer intends to assign the following key personnel to the project and to employ the
services of the following subconsultants to perform the responsibilities listed. In accordance
with the terms of this Agreement, these personnel will not be changed without the consent of
the Owner.
Walker Parking Consultants (Denver)
C. Kirk Taylor, AIA Project Management, Functional Design, Graphics /Signage,
Parking Equipment, Cost Estimating
Larry W. Hofmockel, PE Principal -In- Charge
Thomas S. Romine, PE Structural Design, Durability /Maintenance, Technical
Specifications
HGF Architects Inc. (Pueblo)
John M. Barnosky, AIA
James H. Gardner, AIA
BRW Inc. (Denver)
Larry W. Gibson
Swanson Rink (Denver)
Architectural Design
Architectural Design
Urban Planning and Design, Civil /Sitework, Landscape
Architecture
Phillip M. Goldrosen, PE Mechanical, Electrical and Plumbing Design