HomeMy WebLinkAbout09624RESOLUTION NO. 9624
A RESOLUTION DESIGNATING THE QUALIFIED DESIGN FIRM OF
DESIGN STUDIOS WEST, INC. AND APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
DESIGN STUDIOS WEST, INC., RELATING TO THE DESIGN AND
ENGINEERING SERVICES FOR PHASE III OF THE HISTORIC ARKANSAS
RIVERWALK OF PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Request for Qualification submittal by Design Studios West, Inc. (DSW) to
provide design and engineering services for Phase III of the Historic Arkansas
Riverwalk of Pueblo project is hereby accepted and approved.
SECTION 2.
An agreement dated June 10, 2002, between the City of Pueblo, a Municipal
Corporation, and DSW, a copy of which is attached and incorporated herein and having
been approved as to form by the City Attorney, is hereby approved.
SECTION 3.
The President of the City Council is hereby authorized to execute 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.
- - INTRODUCED: June 10, 2002
BY: Al Gurule
COUNCILPERSON
APPROVED: oo �
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 1
DATE: JUNE 10, 2002
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
TITLE
A RESOLUTION DESIGNATING THE QUALIFIED DESIGN FIRM OF DESIGN
STUDIOS WEST, INC. AND APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DESIGN STUDIOS
WEST, INC., RELATING TO THE DESIGN AND ENGINEERING SERVICES
FOR PHASE III OF THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE
SAME
ISSUE
Should the City Council designate the design firm
(DSW) and enter into an agreement with DSW
design and engineering services for Phase III of th e
of Pueblo (HARP) project?
of Design Studios West, Inc.
for providing the necessary
Historic Arkansas Riverwalk
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
The City received seven (7) "Request for Qualification" (RFQ) submittals for
design and engineering services for Phase III of the HARP project. The seven
(7) firms included: Blue Sage /DHM Design; Design Workshop; DSW; JR
Engineering; Kirkham Michael Engineering; Olsson Associates; and Wenk
Associates. A nine (9) member selection committee, known as the HARP
Technical Committee, made up of Tom Cvar — City's Public Works Department;
Jim Munch and Steven Meier — City's Planning and Community Development;
Dan DeRose, Jeff Osterman and Rich Lane — HARP Foundation; Mark Hess and
Tony Langoni — HARP Authority; and Alan Hamel — HARP Authority Board
Member reviewed the submittals. The committee selected the top three (3) firms,
which were — Blue Sage /DHM Design, DSW and Wenk Associates to interview.
On April 19, 2002 the selection committee interviewed the three (3) firms and
made a unanimous decision to select DSW as the firm most qualified to provide
the design and engineering services for the project. The firm and it's team
members had significant urban Riverwalk design experience and has
design /engineered the previous phases of HARP.
DSW, under this agreement, will perform the initial Study /Report Phase and the
Preliminary Design (Schematic) Phase for this project at a cost of $150,000.
Once this is done, the City will evaluate the construction cost estimate and if
acceptable will proceed with the final design and construction documents (under
an amendment to this agreement). The Public Works and Planning Departments
will be responsible for the project administration.
FINANCIAL IMPACT
There will be no financial impact to the City other than in -kind services provided
by the Planning and Public Works Departments for the administration and review
of the design. Per two other agreements that are being heard at this same time,
the City will receive $100,000 from the HARP Foundation and $50,000 from the
Urban Renewal Authority to fund this agreement.
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered this 10` day of June, 2002 by and between the City of
Pueblo, a Municipal Corporation (hereinafter "Owner ") and Design Studios West, Inc., a professional
design firm (hereinafter "Consultant ") for Consultant to render certain professional planning, design
and engineering and related services for Owner in connection with the design and construction of the
Historic Arkansas Riverwalk Project, 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 Consultant shall satisfactorily perform professional planning, design and 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) Phase
[ ] Design Development and Final Design Phase including preparation of Bid
Documents
[ ] Construction Phase
Upon completion of any phase, Consultant 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 planning, design and
engineering consultation and advice and the furnishing (directly or through
professional consultant subcontractors) of customary and usual civil, structural,
mechanical and electrical engineering services. Consultant shall also (directly or
through subcontractors) provide any architectural services incident to its work on the
Project.
1.2 In performing the professional services, Consultant 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 Consultant
is to render professional services.
1.3 Consultant shall furnish through professional consultant subcontractors professional
engineering services 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
Professional Services Agreement
RECEIVED JUL 0 1 2002 Pagel
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. CONSULTANT SERVICES
2.1 Study Report Phase If Consultant is to provide professional services with respect to
the Project during the Study and Report Phase, Consultant 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 describe in paragraph 2.2(C), and assist Owner in
obtaining any such services.
C. Provide special analyses of Owner's need, 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 Consultant's findings and recommendations with opinions of
probable costs.
G. Furnish five (5) copies of the Report and present and review it in person with
Owner.
2.2 Preliminary Design (Schematic, Phase If Consultant is to provide professional services
with respect to the Project during the Schematic Design Phases, Consultant 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.
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Page 2
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. Consultant 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 Consultant is to provide professional services with
respect to the Project during the Final Design Phase, Consultant shall:
A. After consultation with the Owner, receipt of Owner's selection of any design
options and review of the Preliminary Design Documents, if and, 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 therefore. 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
Consultant 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 Consultant'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
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Page 3
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 my 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
the Owner.
G. Make recommendations to Owner concerning the need for pre - qualification or
equipment, vendors or bidders, and, if requested by Owner, incorporate pre -
qualification 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 Consultant in
writing to all plan holders.
I. Consult with and make recommendations to Owner concerning: acceptability
of bidders, subcontractors, supplier, 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 Consultant's advice.
2.4 Construction Phase If Consultant 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, Consultant shall:
A. Perform all duties and functions to be performed by Consultant 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
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.
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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 re- submittals 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 Consultant'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.
J. 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.
L. The Consultant 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 Consultant shall promptly make written interpretations of the
contract documents and render written decisions on all claims, disputes an
other matters relating to the execution or progress of the work on the Project.
The interpretations and decisions of the Consultant 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 Consultant's
interpretation or decision, file his written objections thereto with the
Consultant and Contractor. Consultant shall not be liable for results of
interpretations or decisions so rendered in good faith.
2.5 Additional Responsibilities This paragraph applies to all phases of Consultant's work.
A. Consultant shall be responsible for the professional quality, technical accuracy,
timely completion and coordination of all of Consultant's work, including
that performed by Consultant subcontractors, and including design, Drawings,
Specifications, reports and other services, irrespective of Owner's approval or
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Page 5
acquiescence in same. Consultant shall, without additional compensation,
correct or revise any errors, omissions or other deficiencies caused by
Consultant in his work.
B. Consultant shall be responsible, in accordance with applicable law, to Owner
for all loss or damage to Owner caused by Consultant's negligent act or
omission; except that Consultant 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 stature, whether now existing or hereafter enacted.
C. Consultant'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. Consultant shall be completely responsible for the safety of Consultant'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
Consultant's employees.
E. Consultant 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 interesting the personnel and consultants to whom Consultant
assigns principal responsibility for services performed under this Agreement.
Consequently, Consultant represents that Consultant 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
Consultant will employ alternate personnel for such function or reassign such
responsibility to another to whom Owner has no reasonable objection.
Thereafter, Consultant shall not assign or reassign Project work to any person
to whom Owner has reasonable objection.
Within 5 days of execution of this Agreement, Consultant shall designate in
writing a Project representative who shall have complete authority to bind
Consultant, and to whom Owner should address communications.
F. Promptly after execution of this Agreement and upon receipt of authorization
from Owner to proceed, Consultant shall submit to Owner for approval a
schedule showing the order in which Consultant 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
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and final completion of Project work, provided however, the Consultant will
not be responsible for delays beyond his control.
G. Before undertaking any work which Consultant considers beyond or in
addition to the scope or work and services which Consultant has contractually
agreed to perform under the terms of this Agreement, Consultant shall advise
Owner in writing (i) that Consultant considers the work beyond the scope of
this Agreement, (ii) the reasons the Consultant believes the out of scope or
additional work should be performed, and (iii) a reasonable estimate of the cost
of such work. Consultant 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 Consultant 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 Consultant 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 Consultant 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 Consultant 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 Consultant to have access to enter private and public
property as required for Consultant to perform his services.
E. Examine all studies, reports, sketches, Drawings, Specifications, proposals and
other documents presented by Consultant, 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 here under shall not in any way relieve, the Consultant 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 Consultant, obtain required
approvals and permits for the Project. The Consultant shall provide all
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supportive documents and exhibits necessary for obtaining said approvals and
permits.
G. Notify Consultant whenever Owner becomes aware of any substantial
development or occurrence which materially affects the scope or timing of
Consultant's services.
H. Owner shall perform its obligations and render decisions within a reasonable
time under the presented circumstances. However, given the nature of the
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 Consultant is not within
the custody or control of Owner but must be procured from others.
SECTION 4. PAYMENT.
Consultant'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 Consultant as full compensation for all services required to be
performed by Consultant under this Agreement, except for services for additional
work or work beyond the scope of this Agreement, those maximum amounts set forth
in Appendix B - "Fee Schedule" and computed in accordance with this Section.
5.2 Consultant shall submit periodic, but not more frequently than monthly, applications
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 Consultant
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 make subject to any limitations set forth in
paragraph 5.1 above.
5.5 No compensation shall be paid to Consultant for services required and expenditures
incurred in correcting Consultant's mistakes or negligence.
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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 Consultant's
performance hereunder, at any time upon written notice, either for cause or for
convenience. Upon such termination, Consultant 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 Consultant 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 Consultant,
Consultant 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
Consultant. In no event shall payment to Consultant upon termination exceed the
maximum compensation provided for complete performance in paragraph 5.1 and
Appendix B - "Fee Schedule."
6.3 In the event termination of this Agreement or Consultant's services is for breach of
this Agreement by Consultant, or for other fault of Consultant 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 planning, design and engineering services
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, Consultant'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.
6.4 Consultant'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 Consultant 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 Consultant 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
Consultant, Owner shall hold harmless and indemnify Consultant from all loss,
claims, injury and judgments arising from the use of such designs, Drawings or
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Specifications for such other project. In the event (i) Owner terminates the services of
Consultant 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 Consultant, or (ii) Owner terminates the services of
Consultant after completion of final design and the Owner completes the construction
of the Project with modifications to the plans, Drawings and Specifications prepared
by Consultant, Owner agrees that it will hold Consultant harmless from all loss,
claims, and injury attributable to the completion of design by others or to such
modifications from Consultant's final design, Drawings and Specifications.
7.2 Insurance and Indemnity.
A. Consultant 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 Consultant 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 Auto mobile 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. Consultant agrees to hold harmless and indemnify Owner from and against
any liability to third parties, arising out of negligent acts, errors or omissions
of Consultant, 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 Consultant
by the other party shall be in writing and shall be deemed duly served and given when
personally delivered to 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: Tom Cvar, P.E., Department of Public Works, 211 E. "D" Street,
Pueblo, Colorado 81003, or to the Consultant at Design Studios West, Inc., Attention
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Donald H. Brandes, Jr., ASLA, Design Studios West, Inc., 1475 Lawrence Street, Suite
100, Denver, Colorado 80202. 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 Consultant respecting the Project, and any other written or oral agreement or
representation respecting the Project or the duties of either the Owner or the
Consultant 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 Consultant 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
Consultant 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, Consultant shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, disability or age.
Consultant 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 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 Consultant 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 Property Not Under Owner's Control Contractor acknowledges that the
Project may require access to property not under the control of the Owner at the time
of execution of this Agreement. Contractor and Contractor's employees and
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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. Consultant understands
and agrees that entry to properties not under Owner's control may require Consultant
to comply with the terms of separate access agreements to be negotiated hereafter with
owner so such property.
SECTION 8. DISPUTES
8.1 Any dispute or disagreement between Consultant and Owner arising from or relating
to this Agreement or Consultant'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, Consultant 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 11 pages.
Appendix B - "Fee Schedule" consisting of 2 pages.
Appendix C - "Identification of Personnel and Subcontractors" 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 Consultant, 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 Consultant, 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 Consultant and Consultant's
officers, directors, employees, agents and sub - consultants, 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
Professional Services Agreement
Page 12
limited to the negligence, professional errors or omissions, strict liability, breach of
contract or warranty, express or implied, of Consultant or Consultant's officers,
directors, employees, agents or sub - consultant, 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.
OWNER
CITY OF PUEBLO
B
President of the City Council
Attest:
City erk
CONSULTANT
D]
By
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By r77* ( T-77Z���
Title:
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
/ :Z� o-
Director of Finance
APPROVED AS TO FORM:
City Attorne
C:Rebecca\DSWDocs\Pmjects\HARP \HARP Conuaa.doc
Professional Services Agreement
Page 13
APPENDIX A
Scope of Work
HARP Phase Three
Study & Report Phase & Preliminary Design (Schematic) Phase
Part A
Revised May 28, 2002
Below is the final scope of work to initiate HARP Phase III based on our meeting of Tuesday
April 30, 2002 and the technical review meeting of May 7, 2002. Please note that there are two
scopes of services, Part A is the Study & Report Phase & Preliminary Design (Schematic)
Phase. Part B is the preparation of Design Development and Construction Documents for a
Specified Project and Construction Budget. The scope outlined below is for Part A only.
1.0 Project Initiation and Baseline Data Collection
1.1 Identification of Project Limits
Consultant shall work with the City of Pueblo, the HARP Authority, the
HARP Foundation, the Pueblo Urban Renewal Authority, the Pueblo Board
of Water Works and other designated parties to make an initial determination
of the overall project study areas and limits of construction. For clarification,
there are three project areas that are defined below as shown Exhibits A, B and
C.
• Project Study Area - See Exhibit A
• Project ALTA \Survey Area - See Exhibit B
• Project Construction Limit Line - See Exhibit C
Each of these coverage's will require a different level of survey, topographic
and geotechnical investigation. We have segmented these areas so the various
agencies can cost -share their portion of the surveying, mapping and
geotechnical cost.
1.2 Initial Field Reconnaissance
Consultant shall conduct an initial field reconnaissance with representatives of
the City of Pueblo, the Board of Water Works, the Pueblo Urban Renewal
Authority and other designated parties. The field reconnaissance will be
conducted after utility location information has been acquired and verified.
The initial field reconnaissance shall make use of a ground marking of the
navigable channel limits from the channel concept developed by Design
Studios West, Inc. (Consultant). The initial field reconnaissance shall provide
for an initial determination on utility conflicts and a generalized concept for
utility relocation. The Consultant, in cooperation with City staff, will obtain
all available utility maps from the following sources:
• Telephone & Fiber Optic line locations from Qwest, City and others
• Gas line locations from Xcel
Appendix A
Scope of Work
Page 1
• Sanitary Sewer maps obtained from the City of Pueblo
• Storm sewer maps from the City of Pueblo
• Water line maps from the Pueblo Board of Waterworks
• Electric maps from Aquila
• Cable from AT &T Broadband
1.3 Topographic Survey and Utility Investigation (See Exhibit A)
Consultant shall complete the topographic survey and utility investigation for
the Project Study Area - See Exhibit A. The intent of this investigation is to
review and confirm the location of all existing buildings and improvements
within the study area and to evaluate the future expansion of the
hotel /convention complex as well as to evaluate the removal, replacement,
and /or expansion of buildings /structures /utilities to accommodate future
HARP channel extensions. The horizontal and vertical control datum for this
survey shall be coordinated with the City of Pueblo's `HARP Subdivision' and
survey control datum. All survey and design will be provided in the format
compatible to the City's GIS system.
The existing condition survey will include a new topographic survey of the
project area with a one -foot contour interval and ample spot elevations of
critical features. In conjunction with the topographic survey of the project
area, a utility investigation will be completed.
City of Pueblo shall be responsible for marking underground utility locations.
Consultant shall survey marked locations of underground utilities and shall
survey the following additional utility conditions. The utility investigation
will consist of the following:
• Inverts of sanitary sewers
• Inverts of storm sewers
• Water valve locations
• Storm water inlet locations
• Marked gas line locations
• Marked underground electric locations
• Overhead power and telephone pole locations
• Marked underground phone locations
Consultant shall transcribe all utility information to the new base mapping for
the designated project study area.
1.4 ALTA Survey (See Exhibit B)
Consultant shall complete an ALTA survey for the area shown in Exhibit B.
The intent of the preparation of the ALTA survey is to confirm detailed
ownership, easements, vacations, exemptions, encumbrances and other related
ownership and use conflicts that may exist within the project ALTA survey
area. This investigation and mapping will be used jointly by the Pueblo Urban
Renewal Authority (PURA) and the HARP Authority to review, evaluate and
specifically demarcate construction limit lines and potential joint cost sharing
Appendix A
Scope of Work
Page 2
opportunities. Consultant will obtain an "informational commitment" from
the title company at a cost not to exceed $1,000.00.
1.5 Geotechnical and Hazardous Taste Investigation (See Exhibit C)
Consultant shall complete a hazardous waste investigation for the Project
Construction Limit Line Area - Exhibit C. The hazardous waste investigation
shall identify locations where hazardous waste is suspected and outline
remediation measures that will be necessary prior to construction.
The purpose of the geotechnical investigation will be to determine index
properties, unified soil classifications, lateral pressures, and bearing pressures
and dewatering recommendations for the design of the navigable extension to
the convention center and other structural elements associated with the
navigable channel.
1.6 Project Initiation Meetings and Coordination
During the preparation of 1.0 Project Initiation and Baseline Date collection
the Consultant shall meet with the City of Pueblo on the second and fourth
Tuesday of each month. It is our intent to report to the both the HARP
Technical Review Committee and to the Downtown Development Committee
on the same day. Consultant shall also coordinate and meet with the survey
and geotechnical subconsultants as necessary to make certain that the
coverage's and compilation of base data is prepared according to city standards
and criteria. The intent of these meetings will be to formally report and update
the City on surveying, geotechnical investigations, status, technical issues, and
preliminary findings.
Appendix A
Scope of Work
Page 3
2.0 Final Improvement Development Plan
2.1 Analysis of Existing Conditions and Preparation of Preliminary Development
Programs
Upon completion of both in- progress and final certification of all
mapping /surveying Consultant shall review with the City the topographic,
utility, geo- technical, hazardous waste, ALTA and drainage conditions that
exist and have been mapped for all three coverage's (See Exhibits A, B and C).
The intent of this review will be to determine what, if any, conflicts may exist
within any of the coverage's for all affected property owners and jurisdictions.
In addition to a detailed review of the existing conditions for the three project
areas, specific improvement development programs will be prepared for all
three of the project coverage's (See Exhibits A, B and C). The improvement
development programs shall list and diagram all proposed improvements
within the various coverage's. The intent of this task is twofold; 1) to identify
all proposed improvements, and 2) to confirm that the property owner /agency
agrees with the development program uses.
Please note that this is a critical first step in determining a fatal flaw analysis of
information that, to date, has been inferred or assumed to exist. The review of
this information will clearly affect the pattern of construction and directly
influence the phasing of construction. In addition, the preparation of brief,
written and illustrated "improvement programs" for each of the coverage's
(Exhibits A, B and C) will inform all affected agencies and ownership groups of
their intended development strategy and schedule of completion. This task is
intended to quickly summarize these important issues prior to the Consultant
proceeding with the preparation of a development plan.
2.2 Three -day Design and Engineering Workshop
After the completion of work item 2. 1, and with a clear understanding of both
the technical (ownership, easements, topographic, geo- technical, utility,
drainage) and the intended programming objectives for each coverage the
Consultant shall organize an intensive three -day planning and design
workshop in order to accomplish the following objectives;
• To clearly summarize and note all known, mapped, and investigated
constraints to future development within all coverage's (See Exhibits
A, B and C)
• To clearly articulate, illustrate and dimension all specific development
programs for the various project areas.
• To clearly illustrate planning and design relationships for the defined
development programs.
• To determine ownership and agency responsibilities for future
development.
• To investigate preliminary engineering solutions to potential
infrastructure, drainage and ownership conflicts.
Appendix A
Scope of Work
Page 4
Please note that the primary objective of the three day workshop is to cost -
effectively join City staff and Consultant staff together to prepare the final
development plan for all three coverage's (Exhibit A, B, and C). The workshop
will be held at the Convention Center and would be scheduled to allow HARP
Technical Review and other officials to review and input on the progress of the
planning and engineering work on a daily basis.
Project Study Area (See Exhibit A)
Anticipated civil engineering, urban design and landscape architectural
elements for the area shown in Exhibit A would include the following level of
detail:
• Overall urban design plan (Infill and development opportunities)
• Building to building, and building to street /plaza relationships.
• Illustration of overall vehicle and pedestrian access, circulation and
parking within the study area
• Identification of key gateway node areas and specialty improvement
areas
• Determination of area -wide utility, drainage and infrastructure
improvements.
Project ALTA /Survey Area (See Exhibit B)
• Illustrate the most feasible (cost) and suitable (hydrology) extension of
the HARP water channel (beyond the connection to the Convention
Center) and consideration of boat storage, maintenance and channel
circulation.
• Identify net developable public /private parcels (less roadway and
parking improvements).
• Illustrate a general improvement plan that determines gross hardscape,
channel and landscape areas.
Project Construction Limit Line (See Exhibit C)
Anticipated civil engineering, urban design and landscape architectural
elements for the area shown on Exhibit C would include the following level of
detail:
• Set the Construction Limit line for HARP Phase Three.
• Identify utility service and preliminary drainage solutions for HARP
Phase Three improvements.
• Determine the implications related to construction clearing,
demolition, contractor mobilization /marshalling areas, illustrate both
temporary and permanent crossings, bridges, surface parking,
structured parking, utility relocations and drainage improvements.
• Prepare a preliminary grading and layout study of HARP Phase Three
illustrating channel edge, walkways, and face of existing and proposed
buildings.
Appendix A
Scope of Work
Page 5
Illustrate access from on- street and off - street parking areas to Police,
Convention Center and HARP.
Illustrate proposed specialty areas for water features, seating, lighting,
landscape, pavement treatments, signage, sponsorships /donations, etc.
Prepare a detailed list of items that need further study or ownership
direction, field verification and analysis prior to proceeding to design
development and construction documentation. (Fatal flaw analysis)
At the conclusion of the three -day workshop there will be a final presentation
of the work items outlined above. It is the intent to review, discuss, and revise
these plans and drawings based on this input and direction from a wide variety
of people, property owners, jurisdictions, agencies and other officials involved
with the future development of downtown Pueblo.
2.3 Preparation of Final Development Plan Overlays
Based on the input, directions and work products produced during the three -
day workshop, consultants shall prepare a series of Final Development Plan
overlays for the Project Construction Limit Line Area - Exhibits C. These
final development plan overlays shall reflect the input and revisions received
during the Design and Engineering Workshop (Task 2.2). Please note that
these overlays are not for construction, but are dimensioned preliminary plans
that are intended to establish preliminary construction cost items.
Clearing Demolition and Removal
• Structures
• Vacated utility lines
• Contaminated soils
Subsurface and Surface Utility and Drainage Improvements
• Abandoned storm sewers
• Abandoned storm inlets
• Replacement of storm sewers
• Replacement of sanitary sewers
• Utility service connections
• Drainage
Navigable channel structural elements
• Channel wall and floor elevations
• Raw water supply lines
• Water control structures
Architectural, Landscape and Site Improvements
• Hardscape areas
• Landscape areas
• Structural /vertical improvements
• Special feature areas
• Kit of parts (Signage lighting fixtures and furnishings)
Emergency, service, pedestrian access and crossings.
• Fire
• Police
• Maintenance
Appendix A
Scope of Work
Page 6
o Public
These five overlays shall be prepared for the Project Construction Limit Line
Area. Exhibit C the intent of this work item is to clearly illustrate and to
delineate preliminary construction cost items prior to the preparation of final
design and construction documentation. In addition, once the overlays have
been reviewed and approved the Consultant would amend the GIS - HARP
program map prepared in 1997.
2.4 Summary of Cost and Determination of Construction Limits for Phase Three
Working with the City, HARP Technical Review Committee, Downtown
Development Committee and others, the Consultant would prepare a
summary of estimated construction costs and a phasing of construction. Please
note that the Owner (City, HARP Authority and others) may decide to
expand the limits of construction or limit the area of construction based on the
findings and recommendations of this work item. At this time the City has
indicated a construction value of approximately $ 4.0 to $ 4.25 million for
HARP Phase Three (see Exhibit C). It is possible that at the conclusion of this
work effort the budget, area of construction and participants involved in the
construction will be modified.
Consultant will meet with the City and HARP authorities to discuss and
determine the area, budget of construction and extent of anticipated
participation of agencies involved in the design, construction and review of
this effort.
2.5 HARP Phase Three - Plan of Action
Consultant shall prepare a brief written summary of the final demarcated
HARP Phase Three Area - Plan of Action that reviews the planning, design
and engineering assumptions and preliminary solutions for those policy and
decision - makers who have not been involved throughout this effort. This
summary is intended to be given to all affected agencies and groups for their
review and acceptance prior to authorizing the Consultant to prepare
construction documents.
The HARP Phase Three - Plan of Action shall also include 11" x 17" drawings
that are included as an Appendix in the Plan of Action report. It is intended
that the drawings prepared for the Final Improvement Plan shall be used for
the preparation of construction drawings. The following is a generalized
summary of the drawings that will be prepared by the Consultant and included
in the HARP Phase Three - Plan of Action package.
Existing Conditions drawings showing the existing topography for the
Phase Three project area as shown in Exhibit C and the existing utility
locations for the Phase Three project area. The existing conditions
drawings shall be provided in the form of AutoCAD drawing file and a
file that can be imported in the Geographic Information System of the
City of Pueblo.
Appendix A
Scope of Work
Page 7
• Schematic Drainage Drawings showing the flood flows for design
point locations that will potentially be impacted by the Phase Three
(Exhibit C) project or anticipated future phases. The 2 -year, 10 -year,
50 -year and 100 -year return period flood flows will be shown for each
of the design point locations.
• Plan view drawings showing anticipated utility relocations for the
Phase Three project area (Exhibit C) to include the utility relocations
for the Phase Three project and the preferred alternative for the loop
back to the navigable channel.
• Plan view drawings showing access points with geometric
configurations and anticipated circulation patterns for the Phase Three
project and the preferred alternative for the loop back to the existing
navigable channel.
• Plan view drawings showing interface points between the Pueblo
Police Department buildings and the Phase Three navigable channel.
• Plan view drawings and details, as appropriate, to show architectural,
landscape architectural and site improvement elements for the Phase
Three project
It is the intent that the City shall obtain signatures noting the formal review
and approval of the HARP Phase Three - Plan of Action from representatives
of the following agencies;
• Pueblo Urban Renewal Authority
• HARP Authority
• HARP Foundation
• Pueblo Board of Water Works
• City of Pueblo
• Pueblo County
• Pueblo Conservancy District
2.6 Final Development Plan Meetings and Coordination
Consultant will continue to meet with the HARP Technical Review and
Downtown Development Committee twice per month during this phase of
work.
2.7 In the event of a conflict between the provisions of this Appendix A and the
Agreement, the provisions of the Agreement shall control.
PAMarketing \Business Development\Proposals\HARP Phase 3 \Contmct\Final Scope of Work HARP Phase Three . Part A.DOC
Appendix A
Scope of Work
Page 8
Exhibit A
Project Study Area
Appendix A
Scope of Work
Page 9
APPENDIX B
Fee Schedule
HARP Phase Three
Study & Report Phase & Preliminary Design (Schematic) Phase
Part A
The Owner shall compensate the Consultant for the Scope of Services based on the hourly
rates defined below. The hourly rates include overhead and profit. The maximum
compensation is $150,000, including direct expenses.
Category Task Description Hourly Rate
Principal /Associate Project Administration, Management and $ 120
Control and /or Lead Design
Senior Professional Senior Planner, Architect, Engineer and 90
Landscape Architect
Project Staff Project Planner, Architect, Engineer and 70
Landscape Architect
Technician Technical support and AutoCAD 50
Clerical /Administrative Word Processing 35
Reimbursable Expenses
Consultant shall charge, at cost, the Owner for project related expenditures that are
incurred for such items as; printing, reproduction, plotting, drafting supplies, binding, and
other direct project cost except overhead and profit. Consultant shall not charge the Owner
any expense related to travel, meals or lodging.
The maximum direct reimbursable expenses are $15,000 and shall be charged at cost. If
and when Consultant's expenses approaches 80% of the maximum direct expenses the
Consultant shall notify, in writing, the Owner. Owner shall then direct the Consultant on
how to proceed.
Appendix B
Fee Schedule
Page 1
APPENDIX B
Summary of Professional Fees
HARP Phase Three
Study & Report Phase & Preliminary Design (Schematic) Phase
Part A
1.0 Project Initiation and Baseline Data Collection
1.1
Project Limits
$1,920.00
1.2
Field Reconnaissance
3,520.00
1.3
Topo Survey
27,440.00
1.4
ALTA Survey
8,000.00
1.5
Geotechnical Survey
14,700.00
1.6
Meetings and Coordination
5,760.00
Sub -Total $61,340.00
Direct Expenses 6,130.00
TOTAL......................................................... ............................... .....................$67,470.00
2.0 Final Improvement Development Plan
2.1 Development Programming $6,688.00
2.2
Workshop
26,340.00
2.3
Overlays
12,800.00
2.4
Cost Summary
9,760.00
2.5
Plan of Action
9,840.00
2.6
Meetings and Coordination
9,600.00
Sub -Total $75,028.00
Direct Expenses 7,502.00
TOTAL......................................................... ............................... .....................$82,530.00
TOTAL FOR PART A ...................................................... ............................... $150.000.00
Appendix B
Fee Schedule
Page 2
APPENDIX C
Identification of Key Personnel
HARP Phase Three
Study & Report Phase & Preliminary Design (Schematic) Phase
Part A
Prime Consultant
The Consultant shall be Design Studios West, Inc. (DSW). Donald H. Brandes, Jr.,
ASLA shall be the Principal in Charge and shall be responsible for all project
records, administration and management. DSW shall contract with a number of
firms and individuals to assist in producing the scope of work described in
Appendix A - Scope of Work.
Subconsultants
DSW anticipates the following specialty subcontractors will be required for the
proposed scope of work, Part A. All subconsultants proposed by DSW shall be
subject to approval by the Owner.
Sellards and Griggs - Civil Engineering/ Surveying
EDAW - Planning and Design
Wright Water Engineers - Hydrology
Hepworth and Pawlak - Geotechnical
Lonco - Structural
RMH - Electrical and Lighting
Semple Brown Design - Architecture
Hydrosystems - Irrigation
Appendix C
Identification of Key Personnel
Page 1