HomeMy WebLinkAbout8180RESOLUTION NO. 8180
A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES BETWEEN PUEBLO, A MUNICIPAL
CORPORATION, AND DESIGN STUDIOS WEST, INC., RELATING TO THE
VICTORIA AVENUE STREETSCAPE PROJECT, AND AUTHORIZING THE
TRANSFER OF FUNDS AND AUTHORIZING THE PRESIDENT OF COUNCIL
TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1:
An agreement dated July 14, 1997, between the City of Pueblo, a Municipal Corporation, and
Design Studios West, Inc., of which a copy is attached hereto and on file at the office of the City Clerk,
having been approved as to form by the City Attorney, is hereby approved.
SECTION 2
The President of the City Council is hereby authorized to execute and deliver said Agreement
on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City
thereto and attest same.
SECTION 3
Funds in the amount of $10,000 shall be transferred from contingencies Account
No. 001- 195 -0501 into Projects to be Determined Account No. 001 - 101 -2000.
Total funds shall not exceed $22,000 for said professional services. Funds shall be available
from the following sources:
(1) City of Pueblo, Account No. 001 - 101 -2000: $10,000.00
(2) Victoria Improvement Villita Association: $12,000.00
Total Funds: $22,000.00
SECTION 4
This resolution shall become effective upon final passage.
AT
CLERK
INTRODUCED: JULY 14, 1997
BY: Al Gurul e
COUNCIL PERSON
APPROVED:
PRESI NT QfP CITY COUNCIL
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT made and entered this 14th day of July, 1997 by and between the City
of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Design Studios West, Inc., a
professional engineering and design firm (hereinafter "Engineer ") for Engineer to render certain
professional engineering and related services for Owner in connection with the design and
construction of the Victoria Avenue Streetscape, 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:
[ X ] - Study and Report Phase
[ X ] - Preliminary Design (Schematic and Design Development) Phases
[ ] - Final Design Phase including preparation of Bid Documents
[ ] - 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. Additionally, upon completion of any
milestone identified in Appendix A, Engineer shall not proceed with work on the next milestone
until authorized by Owner.
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 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.
1.4 Surveying work included within or reasonably contemplated by this Agreement shall
be performed under the direction and supervision of a registered Professional Land Surveyor in good
standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under
this Agreement shall be signed by and bear the seal of said Professional Land Surveyor.
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 and Report Phase If Engineer is to provide professional services with respect
to the Project during the Study and Report Phase, Engineer shall:
(a) Consult with Owner to determine his requirements for the Project and review
available data.
(b) Advise Owner as to the necessity of his providing or obtaining from others
data or services of the types described in paragraph 2.2(c), and assist Owner in obtaining any such
services.
(c) Provide special analyses of Owner's needs, planning surveys, site evaluations
and comparative studies of prospective sites and solutions.
(d) Identify and analyze requirements of governmental authorities and regulatory
agencies involved in approval or permitting any aspect of Project.
(e) Provide general economic analysis of Owner's requirements applicable to
various alternatives.
(f) Prepare a Report with appropriate exhibits indicating clearly the
considerations involved and the alternative solutions available to Owner, and setting forth Engineer's
findings and recommendations with opinions of probable costs.
(g) Furnish ten (10) copies of the Report and present and review it in person with
Owner.
2.2 Preliminary Design (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.
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(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 ten (10) 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
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,
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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 25 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.
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.
(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.
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2.5 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
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
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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
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
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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.
SECTION 4. TIME FOR PERFORMANCE
4.1 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.
4.2 Engineer acknowledges that time is of the essence with respect to the commencement
and completion of its services under this Agreement. Engineer represents that Appendix D attached
hereto is the schedule by which Engineer proposes to accomplish its work, with time periods for
which it will commence and complete each major work item. Except to the extent the parties agree
to time extensions for delays beyond the control of Engineer, Engineer shall adhere to this schedule
and perform its work in a timely manner so as not to delay Owner's timetable for achievement of
interim tasks and final completion of Project work. Engineer further acknowledges that its schedule
has accounted for all reasonably anticipated delays, including those inherent in the availability of
tools, supplies, labor and utilities required for the work, the availability of information which must
be obtained from any third parties, and all conditions to access to public and private facilities.
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, an amount not to exceed $22,000.00 computed in accordance
with Appendix B - "Fee Schedule" and the requirements of this Section.
5.2 Engineer shall submit periodic, but not more frequently than monthly, applications
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for payment, aggregating to not more than the maximum amount, 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 30 days of the date
of billing, provided that sufficient documentation has been furnished.
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).
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 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 maximum compensation provided for complete performance in paragraph
5.1 and Appendix B.
6.3 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 roads, bridge, drainage facilities and water ways, or to perform work in a manner
deemed satisfactory by Owner's Director of Public Works, then in that event, Engineer's entire right
0
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
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.
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(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.
(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: Jim Munch, Department of Planning
and Development, 211 E. "D" Street, Pueblo, Colorado, or to the Engineer at Design Studios West,
Inc., 105 W. `B" Street, Pueblo, Colorado, Attention: Jeffrey Watson. 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 Public Works.
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
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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 Severability 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.
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, and execution by the parties' representatives.
7.12 Access to Propea Not Under Owner's Control Contractor acknowledges that the
Project may require access to property not under the control of Owner at the time of execution of this
Agreement. Contractor and Contractor's employees and consultants shall, at Contractor's expense,
obtain all additional necessary approvals and clearances required for access to such property. Client
shall assist Contractor in obtaining access to such property at reasonable times but makes no
warranty or representation whatsoever regarding access to such property. Engineer understands and
agrees that entry to properties not under Owner's control may require Engineer to comply with the
terms of separate access agreements to be negotiated hereafter with owners of such property.
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 7 pages.
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Appendix B - "Fee Schedule" consisting of 3 pages.
Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility"
consisting of 1 page.
Appendix D - "Schedule" 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 best reasonable professional efforts to interpret and
implement 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 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 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.
CITY OT PUEBLO
B s
President of Afe City ouncil By
Attest: L
City Cier
ENGINEER
[SEAL] By
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i � • D •
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
w —,� , 6X44i -
Director of Finance
APPROVED AS TO FORM:
City ttorney
I:ICITYIPLANNING\ VICTORIA \STSCAPE\PESAGREE. WPD -
APPENDIX A
SCOPE OF SERVICES
A. Project Title:
Victoria Avenue Streetscape Project
B. Project Location:
The project area boundary is graphically depicted in Appendix D of this contract. The project
is generally located:
Centered along the alignment of Victoria Avenue;
Bounded by the alley between Union Avenue and Victoria Avenue on the Southwest;
Bounded by West B' Street on the Southwest;
Bounded by the alley between Victoria Avenue and Lamkin Street on the Northwest;
Bounded by West 1 5C Street between Union Avenue and Greenwood St. on the North;
Northwest of Union Avenue between West 1" Street and Grand Avenue;
and East of Greenwood Street between West 1 5C Avenue and Elizabeth Street.
C. Scope of Services
Below is a detailed scope of services for the Victoria Avenue Master Plan. It is imperative that
an integrated and comprehensive approach be outlined and managed to properly incorporate
the various pieces that will make up Victoria Avenue including the El Pueblo Museum, the
Freight House, and the Trolley. In addition, we have attempted to detail our overall work effort
so that it is brief and specific to the work objective and projects. This preliminary scope of
work will need to be modified and amended to reflect the concerns and requirements of the
Victoria Avenue Group and the City. It may well be amended to reduce certain work items
where data, information, and plans exist. Please accept this Scope of Services as a reflection of
our most informed estimate and not a final work program.
MILESTONE 1.0 PROJECT ORGANIZATION, MANAGEMENT, AND SCHEDULE
Work
Upon authorization to proceed, DSW will meet with representatives from the City and the
Victoria Avenue Group to discuss and identify the following:
• Introduce the DSW Project Team
• Further clarify and refine specific team member roles and responsibilities
• Define the line of project communications
• Identify the project review and decision - making process
• Introduce the DSW Team to key City Staff working on the Project
• Discuss and confirm the need for regularly scheduled project review meetings
• Review and revise the overall project schedule and product deliverables
Victoria Avenue Streetscape Project Design Studios West, Inc.
Appendix A July 7, 1997
Project Approach and Scope of Services Page I of 7
Milestone 1.0 Products
• Revised Project Schedule
• Revised Final Work Program
• Outline of proposed meetings, presentations, and public hearings
Milestone 1.0 Client Responsibilities
• Appoint a Project Manager as the main contact for the consultant team
• Compile all relevant existing reports, studies, mapping, and other data, and deliver to the
Consultant Team
• Coordinate Consultant Team work and interviews with City officials and various
departments, as appropriate
Schedule
One Calendar Day
Estimated Fee
$1,800.00
Victoria Avenue Streetscape Project Design Studios West, Inc.
Appendix A July 7, 1997
Project Approach and Scope of Services Page 2 of 7
MILESTONE 2.0 DATA COLLECTION, EXISTING CONDITIONS EVALUATION,
AND SITE ANALYSIS
Work
The objective of Task 2.0 is to collect, review, and evaluate information pertaining to
Victoria Avenue prior to beginning the actual planning process. In addition, DSW will meet
with City Staff to verify existing conditions, aerial photography, property survey and
boundary data, ownership, surface and below surface improvements, land use, geotechnical
and engineering reports, and other information regarding the project area which is available
from the City records and files. Also, DSW will review and evaluate the feasibility of
including Victoria Avenue in the Union Avenue Historic District, or as a separate Historic
District.
Also, a short, written survey/ questionnaire will be given to all property owners and other
participants to solicit more specific data and opinions.
DSW will prepare a summary of information reviewed and analyzed for presentation to the
Victoria Avenue Group and City Staff.
Milestone 2.0 Products
Written Technical Memorandum and graphic summaries of existing conditions analysis and
possible public and /or agency related issues which need to be resolved prior to proceeding
with further planning efforts (land access, permitting, ownership, etc.).
Milestone 2.0 Client Responsibilities
• Provide survey mapping currently being prepared by the City.
• Review and provide comments and feedback on the Technical Memorandum
Schedule
21 Calendar Days
Estimated Fee
$7,800.00
Victoria Avenue Streetscape Project Design Studios West, Inc.
Appendix A July 7, 1997
Project Approach and Scope of Services Page 3 of 7
MILESTONE 3.0 PUBLIC MEETINGS AND PLAN DEVELOPMENT
The development of the Master Plan will focus on the three tasks specified above in Project
Approach and repeated here:
a. Develop a clear process to identify, articulate, and achieve consensus on
architectural vernacular and character for Victoria Avenue.
b. Develop a preliminary Traffic, Transit, and Parking Plan for Victoria Avenue.
c. Plan and Design the Victoria Avenue Streetscape.
More specifically, the work will take place via a series of meetings with the organization formed
to direct the planning and design process for Victoria Avenue. The presentation of findings
from the data gathering will also be the introduction meeting of the public engagement and
planning process. We are proposing a series of intensive meetings with the Victoria Avenue
Group, over a short period of time, with preparation of various products to take place between
meetings.
The meetings will be held weekly over a 45 -day period and work will progress as follows:
1) Introductory meeting to present results of data collection and evaluation and gather
response from the Group.
2) Define issues and values for the Group and individual members
3) Define a vision for Victoria Avenue.
4) Present Preliminary Master Plan and solicit comments.
5) Present Final Master Plan and Concept Design for the project area.
TASK 3.1 INTRODUCTORY MEETING WITH VICTORIA AVENUE GROUP
This task will be the first formal meeting with the Victoria Avenue Group and the beginning of
the public involvement process. The meeting will be used to introduce the DSW Team and
present results of data collection and evaluation and gather response from the Group.
TASK 3.2 MEETING NO. 2 - ISSUES AND VALUES
The second meeting will be used to define issues and values for the Group and individual
members. DSW will facilitate the development of a list of issues and concerns, and individual
and community values, based upon the results of the data gathering and provided by the Group
in the meeting.
Victoria Avenue Streetscape Project Design Studios West, Inc.
Appendix A July 7, 1997
Project Approach and Scope of Services Page 4 of 7
Following the meeting, DSW will prepare a list and brief analysis of the issues, concerns, and
values, and suggestions for what type of vision they may point toward.
TASK 3.3 MEETING NO. 3 - DEFINE A VISION FOR VICTORIA AVENUE
The third meeting will be used to define a vision for Victoria Avenue. At the third meeting
with the Group, the focus will be to develop a vision and consensus for Victoria Avenue; a
vision that answers the following questions:
1) What kind of street should Victoria Avenue be?
2) What type of architectural vernacular should be encouraged for new and renovated
buildings? For public improvements?
3) What character is appropriate for the street?
TASK 3.4 PREPARE PRELIMINARY MASTER PLAN
Based upon the results of Tasks 3.2 and 3.3, DSW will prepare a preliminary master plan
document and concept design for the street including appropriate narrative, graphic, and
mapping elements. The Draft Plan will incorporate information about traffic, transit, and
parking issues, based upon data from other, concurrent studies.
TASK 3.5 MEETING NO. 4 - PRESENT PRELIMINARY MASTER PLAN TO
VICTORIA AVENUE GROUP
The Group will meet to receive an interim presentation on the progress and direction of the
Master Plan and concept design for the street. The Group will provide comments at the
meeting and review copies prior to the next meeting, where additional comments will be
solicited.
TASK 3.6 MEETING NO. 5 - GATHER REVIEW COMMENTS FOR THE PRELIMINARY
MASTER PLAN FROM THE VICTORIA AVENUE GROUP
The Group will meet to provide comments to the DSW Team on the progress and direction of
the Master Plan and Concept Design. The Group will provide comments at the meeting and
any questions or issues will be addressed by DSW.
Victoria Avenue Streetscape Project Design Studios West, Inc.
Appendix A July 7, 1997
Project Approach and Scope of Services Page 5 of 7
TASK 3.7 PREPARE PREFINAL MASTER PLAN
Based upon the results of Tasks 3.5 and 3.6, DSW will prepare the prefinal master plan and
concept design for the street including appropriate narrative, graphic, and mapping elements.
TASK 3.8 MEETING NOS. 6 & 7 - PRESENT PREFINAL AND FINAL MASTER PLAN TO
VICTORIA AVENUE GROUP
The sixth meeting with the Victoria Avenue Group will be used to present the PreFinal Master
Plan and Concept Design for the project area. Following review and comment, DSW will
prepare the Final Master Plan document.
In the seventh and final meeting, the document will be presented to the Victoria Avenue Group
for endorsement.
Milestone 3.0 Products
• Meeting Minutes for each meeting with the Victoria Avenue Group
• Technical memorandums on issues, values, and vision
• Preliminary Master Plan document including Concept Design for streetscape
improvements
• Prefinal Master Plan document including Concept Design for streetscape improvements
• Final Master Plan document including Concept Design for streetscape improvements
with preliminary cost estimate
Milestone 3.0 Client Responsibilities
• Attend all meetings with the Victoria Avenue Group and prepare meeting minutes.
• Provide ongoing feedback and comments on the results of each meeting, as well as the
progress of the plan and concept design.
• Coordinate the times and location of each meeting with the Victoria Avenue Group and
the Consultant
Schedule
60 Calendar Days
Estimated Fee
$9,500.00
Victoria Avenue streetscape Project Design Studios West, Inc.
Appendix A July 7, 1997
Project Approach and Scope of Services Page 6 of 7
MILESTONE 4.0 PUBLIC PRESENTATION AND ENDORSEMENT
WORK
The fourth and final phase will be public presentations to the City Planning and Zoning
Commission and City Council. The Final Master Plan shall be presented, with endorsement
from the Victoria Avenue Group, to the City Planning and Zoning Commission for adoption,
and to City Council for its endorsement.
Milestone 4.0 Products
• Presentation Graphics
Milestone 4.0 Client Responsibilities
• Schedule presentations on the P & Z and City Council Agendas
Schedule
30 Calendar Days (estimated)
Estimated Fee
$1,400.00
D. Additional Scope Items
The following tasks have not been included in the estimated fees detailed in Appendix B, but
can be included with a change Request or contract Modification.
1. Property Acquisition;
2. Right -Of -Way Negotiations / Costs;
3. Project Financing;
4. Legal Description for the Project Site;
5. Long Term Maintenance and Operational Issues;
6. Public Art;
7. Private sector Design Guidelines;
8. Grant and Bond Coordination and Support;
9. Zoning, subdivision, land surveying, or platwork;
10. Governmental Affairs / coordination.
Victoria Avenue Streetscape Project Design Studios West, Inc.
Appendix A July 7, 1997
Project Approach and Scope of Services Page 7 of 7
APPENDIX B
FEE SCHEDULE
The Owner shall compensate DSW for the Scope of Services based on the hourly rates defined
below. The hourly rates include overhead and profit.
Category Typical Tasks Hourly Rate
Principal -in- Charge Project Administration, Management and $ 110.00
Control
Project Manager /Senior Project Planning, Design, Technical Review, 85.00
Landscape Architect Report Coordination, Communication and
& Planner Team Management
Professional Engineer Engineering Design, Calculations and 75.00
Certification of Drawings and Specifications
Landscape Architect /Site Master Planning, Design, Site Analysis and 50.00
Designer /Engineer Inventory, Construction Documentation,
Graphics, and Specifications
Technician Base Mapping, Design Detailing, Computer 40.00
Graphics, Construction Detailing, and
Systems Operator
Clerical Word Processing, Report and Specification 35.00
Preparation, and Invoice Documentation
Reimbursable Expenses:
Identifiable expenditures incurred by the DSW in the interest of the project will be reimbursed cost.
These items involve the expense of out of town travel, subsistence and lodging when traveling in
connection with the project, expenses of long distance telephone and FAX calls.
Compensation for contracted services, permits, and subconsultants engaged by DSW for the
project will be reimbursed cost plus a five percent (5 %) fee to cover administrative expenses.
DSW shall be reimbursed at a rate of 32 cents per mile for all project related travel.
Victoria Avenue Streetscape Project Design Studios West, Inc.
Appendix B July 7, 1997
Fee Schedule Page 1 of 3
DSW shall be reimbursed for all project related prints at the following rates:
Media S /SF
Mylar Plots $0.75
Vellum Plots 0.50
Translucent Plots 0.20
Color Plots 2.50
Blueline Print 0.10
Victoria Avenue Streetscape Project Design Studios West, Inc.
Appendix B July 7, 1997
Fee Schedule Page 2 of 3
FEE ESTIMATE - VICTORIA AVENUE STREETSCAPE PROJECT
The fees for performing the work described in Appendix A are Twenty Thousand Five Hundred
Dollars ($20,500.00), plus direct expenses, which are estimated to be $1,500.00.
FEE ESTIMATE BY PHASE
PHASE ESTIMATED COST
PHASE 1.0 PROJECT ORGANIZATION,
MANAGEMENT, AND SCHEDULE $1,800.00
PHASE 2.0 DATA COLLECTION, EXISTING CONDITIONS
EVALUATION, AND SITE ANALYSIS $7,800.00
PHASE 3.0 PUBLIC MEETINGS AND PLAN $9,500.00
DEVELOPMENT
PHASE 4.0 PUBLIC PRESENTATIONS AND
ENDORSEMENT $1,400.00
SUBTOTAL $20,500.00
ESTIMATED DIRECT EXPENSES $1,500.00
TOTAL FEE ESTIMATE $22,000.00
Victoria Avenue Streetscape Project Design Studios West, Inc.
Appendix B July 7, 1997
Fee Schedule Page 3 of 3
APPENDIX C
IDENTIFICATION OF KEY PERSONNEL,
SUBCONTRACTORS, TASK RESPONSIBILITIES
Key Project Personnel:
Don Brandes, Jr., ASLA -- Principal -In- Charge
Responsibilities: Project Administration, Quality Control
James Donahue -- Project Engineer
Responsibilities: Preliminary Engineering Feasibility
Wayne Sterling -- Lead Project Design / Landscape Architect
Responsibilities: Streetscape Design and Graphic Design
Jeffrey D. Watson, AICP -- Project Manager /Senior Planner
Responsibilities: Project Management and Coordination, Planning, Public
Participation
Victoria Avenue Streetscape Project Design Studios West, Inc.
Appendix C July 7, 1997
Key Personnel Page 1 of 1
APPENDIX D
PROJECT SCHEDULE
PROJECT SCHEDULE - VICTORIA AVENUE STREETSCAPE PROJECT
(Assumes notice -to- proceed and kick -off meeting July 21, 1997)
Milestone Date (Est. Calendar Days
MILESTONE 1.0 July 22, 1997 1
PROJECT ORGANIZATION,
MANAGEMENT, AND SCHEDULE
MILESTONE 2.0 August 12, 1997 21
DATA COLLECTION, EXISTING CONDITIONS
EVALUATION, AND SITE ANALYSIS
MILESTONE 3.0 October 15, 1997 60
PUBLIC MEETINGS AND PLAN
DEVELOPMENT
MILESTONE 4.0 November 12, 1997 30 (est.)
PUBLIC PRESENTATIONS AND
ENDORSEMENT
Victoria Avenue Streetscape Project Design Studios West, Inc.
Appendix D July 7, 1997
Project Schedule Page 1 of 1