HomeMy WebLinkAbout07047ORDINANCE NO. 7047
09/10/03
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND DESIGN STUDIOS WEST, INC., FOR PREPARING THE
DESIGN DEVELOPMENT PLANS FOR PHASE III OF THE HISTORIC ARKANSAS RIVERWALK OF
PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND
BUDGETING AND APPROPRIATING $247,000 IN THE HARP PHASE III CAPITAL IMPROVEMENT
FUND
WHEREAS, Design Studios West, Inc. (DSW) submitted a Request for Qualification for
preparing the Preliminary/Conceptual design for the Phase III - Historic Arkansas Riverwalk of Pueblo
project and was approved by Resolution No. 9624, dated June 10, 2002 to provide the services;
WHEREAS, DSW provided the Preliminary/Conceptual Design documents satisfactory and
City Council approved the design per Resolution No. 9864; and
WHEREAS, the HARP Foundation has funds available for the final design for HARP Phase III.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
DSW is hereby accepted and approved to prepare the Design Development Plans for Phase
III of the HARP project.
SECTION 2.
An agreement dated September 22, 2003, 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.
SECTION 4.
Funds in the amount of $247,000 are hereby budgeted and appropriated to the HARP Phase
III Capital Improvement Fund for the final design phase.
SECTION 5.
This Ordinance shall not be effective until the City of Pueblo enters into Agreements with the
HARP Foundation for funding the final design for the HARP Phase III Project and the Director of
Finance certifies that $247,000 in funds is available.
INTRODUCED September 8, 2003
BY
Councilperson
APPROVED: _
President of City Council
ATTEST:
PASSED AND APPROVED September 22, 2003
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # t�:- ail'
DATE: September 8, 2003
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT / JIM MUNCH
PLANNING DEPARTMENT / CATHY GREEN, AICP
TITLE
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND DESIGN STUDIOS WEST, INC.,
FOR PREPARING THE DESIGN DEVELOPMENT PLANS FOR PHASE III OF THE
HISTORIC ARKANSAS RIVERWALK OF PUEBLO AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND BUDGETING AND
APPROPRIATING $247,000 IN THE HARP PHASE III CAPITAL IMPROVEMENT
FUND
ISSUE
Should City Council into an agreement between Design Studios West, Inc. (DSW) and
the City of Pueblo for preparing the Design Development Plans for Phase III of the
Historic Arkansas River walk of Pueblo (HARP) project and budget and appropriate
$247,000 for the final design?
Approval of this Ordinance.
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.
The design and engineering of the HARP Phase III project is a 4 step process
consisting of:
1 — The Preliminary Design;
2 — The Final Design (which is the current step proposed under this
agreement);
3 — The Construction Documentation and Bidding Phase;
4 — The Construction Phase.
DSW has already completed the Preliminary Design (Schematic) Phase for this
project and was approved by City Council per Resolution No. 9864. 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 a separate agreement that is being heard at this same time, the City will
receive $247,000 from the HARP Foundation to fund DSW's services under this
agreement. The approval of this ordnance will budget and appropriate $247,000 for
the final design of the HARP Phase III.
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
THIS AGREEMENT made and entered this 22 day of September, 2003 by and between
the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Design Studios West, Inc., a
professional planning and design firm (hereinafter "Consultant') for Consultant to render certain
professional planning, design, engineering and related services for Owner in connection with the design
and construction of the Historic Arkansas Riverwalk Project, Phase III, 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 L GENERAL
1.1 Consultant shall satisfactorily perform professional planning and design services for all
phases of Project indicated below by mark placed in the appropriate box or boxes:
[ ] - Study and Report Phase
[ ] - Preliminary Design (Schematic) Phase
[x] - Final Design Phase
[ ] - Construction Documentation and Bidding Phase
[ ] - 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,
engineering (through designated subcontractors), consultation and advice necessary to
perform and complete the Scope of Services (the "Work'. For the purposes of this
Project, the professional disciplines required for the Work shall include: land planning,
landscape architecture, civil engineering, surveying, architecture, and graphic
communications and the Work necessarily involves the furnishing (directly or through
professional consultant subcontractors) of customary and usual civil, structural,
mechanical and electrical engineering services.
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 Professional engineering services (whether furnished directly or through a professional
consultant subcontract) 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. CONSULTANT SERVICES
2.1 Study and 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 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 Owners 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 and Engineer's findings and recommendations with opinions of
probable costs.
G. Furnish 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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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 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 any, prepare and
submit to Owner final Drawings showing the scope, extent and character of the
work to be performed and materials specifications describing in detail all final
design elements. Such drawings and materials specifications shall comply with
applicable building codes and requirements of regulatory agencies having any
approval authority. Final design, including Drawings and materials
specifications, shall also comply with ADA Accessibility Guidelines (ADAAG)
Manual developed by the U.S. Architectural and Transportation Barriers Board
(1998) or ADA Standards for Accessible Design published at 28 C.F.R. Part 36,
Appendix A, whichever is applicable.
B. Make reasonable revisions to the Drawings 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 2.6(F).
C. Provide technical criteria, written descriptions and design data for Owners 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.
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E. After review and comment by Owner, furnish to Owner all deliverables
identified in Appendix A to this Agreement, including but not limited to one
original reproducible copy of the design documents, electronic AutoCAD files
of all Drawings, usable electronic copies of all other documents, and not less
than 10 useable paper copies of all these final design documents.
2.4 Construction Documentation and Bidding Phase If Consultant is to provide
professional services with respect to the Project during the Construction
Documentation and Bidding Phase, Consultant shall:
A. After consultation with the Owner, receipt of Owners selection of any design
options and review of the Final Design Documents, prepare and submit to
Owner final detailed construction Drawings showing the scope, extent and
character of the work to be performed by contractors, and Specifications
describing such work and the requirements therefore. Such Drawings and
Specifications shall comply with applicable building codes and requirements of
regulatory agencies having any approval authority. The Drawings and
Specifications shall also comply with ADA Accessibility Guidelines (ADAAG)
Manual developed by the U.S. Architectural and Transportation Barriers Board
(1998) or ADA Standards for Accessible Design published at 28 C.F.R. Part 36,
Appendix A, whichever is applicable.
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 2.6 (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
extent both advisable and feasible, owners 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 Drawings,
Specifications, forms of contract agreement, general and special conditions, bid
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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 the Owner. Additionally, all documents shall be electronically
provided to Owner in standard word processing format designated by Owner,
with Drawings provided in AutoCAD files, readable by the AutoCAD version
to be specified by 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.
2.5 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 Consultant'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.
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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 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 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.
L Subject to written concurrence by Owner, promptly render a written
recommendation to Owner concerning all proposed substitutions of material
and equipment.
J. Draft, for Owners 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 and 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.
2.6 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
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performed by Consultant's consultants and subcontractors, and including
designs, Drawings, Specifications, reports and other services, irrespective of
Owner's approval or 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 (and its professional subcontractors) 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. 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 other
professional services to be furnished hereunder and the impact of same on the
Project, the Owner has a substantial interest in 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
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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 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 of 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. Consultant may reasonably rely on the
accuracy and completeness of these items.
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
pe rtainin g thereto within a reasonable time. The Owners approval of
Drawings, design, Specifications, reports and incidental engineering work or
materials furnished hereunder shall not in any way relieve the Consultant of
responsibility for the professional adequacy of his work. The Owner's review,
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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
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
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
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."
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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 Consultant for services required and expenditures
incurred in correcting Consultant's mistakes or negligence.
5.6 Compensation for authorized work beyond the scope of this Agreement shall be
governed by Paragraph 2.6(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.
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 Consultants 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.
6.5 Consultant's professional responsibility for his completed work and services shall
survive any termination.
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SECTION 7 GENERAL PROVISIONS
7.1 Ownership of Documents
A. 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 i ndemnify
Consultant from all loss, claims, injury and judgments arising from the use of
such designs, Drawings or Specifications for such other project. In the event
(1) 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.
B. Unless specifically approved in advance in writing by Owner, Consultant shall
not include representations of the Project in any advertising or promotional
materials, except for accurate statements contained in resumes or curriculum
vitae of Consultant's employees. If Consultant wishes to include
representations in advertising or promotional materials, it shall submit a draft of
same and printer's proof of the proposed advertising or promotional materials
to the Owner for prior review, and shall not publish or distribute same unless
written approval of the materials is first obtained.
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).
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B. The minimum insurance coverage, which Consultant shall obtain and keep in
force, is as follows:
1. Workers' Compensation
requirements in Colorado
work is performed.
Insurance complying with statutory
and in any other state or states where the
2. Comprehensive General and Automobile Liability Insurance with limits
not less than Six Hundred Thousand and No /100 Dollars ($600,000.00)
per person and occurrence for personal injury, including but not limited
to death and bodily injury, Six Hundred Thousand and No /100 Dollars
($600,000.00) per occurrence for property damage, and One Million
and No /100 Dollars ($1,000,000.00) for excess umbrella liability.
3. Professional Liability Insurance in the amount of $2,000,000.00, and
with a deductible not exceeding $15,000.00.
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 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: Tom Cvar, Department of Public Works, 211 E. "D" Street,
Pueblo, Colorado, 81003, or to the Consultant at Design Studios West, Inc., Attention:
Donald H. Brandes, Jr., 1475 Lawrence Street, Suite 100, Denver, Colorado, 80202.
Fither parry may change his address for the purpose of this paragraph by givingwritten
notice of such change to the other parry 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 Assiens 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.
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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 design or 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 Owners 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 Contractors 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 owners of 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 a Colorado Court of competent jurisdiction, located within
Pueblo County, Colorado.
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
13-
9.1 The following Appendices are attached to and made a part of this Agreement:
Appendix A - "Scope of Services" consisting of 7 pages.
Appendix B - "Fee Schedule" consisting of 3 pages.
Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility"
consisting of 1 page.
SECTION 10 OTHER TERMS AND CONDITIONS
10.1 With respect to facilities and work for which ADA accessibility regulations or standards
have been adopted, including but not limited to those set forth in the ADA Standards
for Accessible Design, 28 C.F.R. Part 36, Appendix A ( "Standards' or the Uniform
Federal Accessibility Standards, 41 C.F.R. —101 -19.6, App. A ( "UFAS'�, Engineer shall
incorporate such standards and regulations into its design.
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 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 Consultant or Consultant's officers, directors,
employees, agents or sub - consultants, or any of them shall not exceed the total amount
of two million dollars ($2,000,000.00).
H: \RFosts \DSWDo \Pmix \HARP \Final IIARPIII- Contract 8- 19 -03.do
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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
i
President of
Attest
City Cl
CONSULTANT
DESIGN StUDIOS WES INC.
Donald Ii. Brandes, Jr.
A
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
--z
Director of Finance
APPROVED AS TO FORM:
,1
City Attorney
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APPENDIX A
Scope of Work
HARP PHASE THREE — Frnal Design
Final Design for Phase ILIA and IIIB
Below is the Scope of Work for Final Design of HARP Phase III. This work is described as the
preparation of Final Design for Phase IIIA and Phase IIIB as defined in the final report under "Part A ".
The scope is outlined below.
1.0 Phase IIIB Final Design
The area defined as a transition zone between Phase III of the HARP Project and the future expansion of the
Exhibition Hallfor the Pueblo Convention Center. The area encompasses RichmondAvenue andmildbeo define a
majorgaieway from the Convention Center to the HARP Project.
The following tasks will be accomplished during this phase of work:
1.1 Design Work Session
The Consultant shall hold a one -day design work session to consider the transitional area
between HARP Phase III and the future Exhibition Hall expansion. During this session
the consultant will work with HGF Architects (Convention Center Architect of Record)
to develop a preliminary design for the area.
1.2 Issues and Concerns
During the work session the Design Team will identify all technical issues and concerns
that may occur during the development of the Phase III and the Exhibition Hall.
1.3 Project Goals
During the work session, the Design Team along with City Staff and other agencies, will
determine goals and objectives to help define a program for the area consistent with
concepts developed during the preliminary design of Phase III A.
1.4 Design Work Session Graphics
During the work session the Design Team will develop graphics (plans, sections or 3D
sketches) representing the results of the meeting.
1.5 Final Design Plan
Upon the conclusion of the work session the consultant will prepare a plan graphic along
with supporting sections or sketches that convey the intent of the design.
1.6 Plan Review
The Consultant will present the plan and supporting graphics to the City and other
interested agencies in a joint session for final review and comment.
1.7 Final Plan Graphic
The consultant will develop a final graphic plan and update the "program plan", based on
review and comment that will be approved and signed by all governing parties.
Design Studios West, Inc.
Appendix A — Scope of Work
Page A - I
1.8 Design Work Session Documentation
Upon acceptance of the plan, the consultant will document the outcome of the design
work session in a brief letter that will accompany the plan for record.
2.0 Phase IIIA and IIIB Design Development
The area for Phase IIIA as described in the final report is defined by Richmond Avenue to the north, Mechanic
Street on the east and Grand Avenue on the south. The western border of the project area is defined by a
relationship with the ex w* gpolue station that will remain in use for the next twoyears. The access and service to
the police station will influence the level of design resolution and construction phasing for the prr jea.. Area IIIB i t
described under 1.0 above.
The following tasks will be accomplished during this phase of work:
2.1 Project Start -up
The consultant shall initiate a project "start-up' meeting involving all appropriate city
staff, committees, agencies and sub - consultants. The agenda for the meeting will be to
review the current design, discuss and refine the project program, identify any technical
issues and develop goals and objectives for the design development and construction
process.
2.2 Final Design
Upon conclusion of the "start-up" meeting the consultant will develop a "final design"
plan based on all comments and input from the various groups. The "final design" plan
will be the basis for all design development drawings produced during this phase.
2.3 Design Development
The consultant will proceed with the design development for Phase IIIA and Phase IIIB
based on the final design plan. Plan graphics, sections and sketches will be developed to
describe a preferred design solution for each of the following areas:
2.4 Navigable Channel Design
Consultant shall be responsible for the hydraulic design and structural design of the
navigable channel extension. The navigable channel extension shall be based on the
preliminary design drawings included in the summary report produced as a result of the
Part A of the contract for HARP Phase III. The specific elements of the design of the
navigable channel are enumerated as follows:
• Design of the sub -drain system
• Hydraulic and Structural design of the of the concrete navigable channel
• Geometric Design of the edge profile of the navigable channel to include the
stone or masonry veneer treatment that will be constructed on top of the
channel wall
• Design of a charnel drain that will work in concert with the existing channel
drain to allow for draining of the entire navigable channel
2.5 Design of Site Irrrprovementr and Site Furnishings
Consultant shall be responsible for the design of site improvements and site furnishings
using the final report and design overlays developed from the Part A of the contract as a
guide. The specific elements that will be defined by the plan are as follows:
• Paving
• walls
Design Studios West, Inc.
Appendix A — Scope of Work
Page A - 2
• Shade Structures
• Channel Coping
• Signage
• Benches
2.6 Design of Site Landscaping
Consultant shall be responsible for the design of site landscaping using the final report
and design overlays developed from the Part A of the contract as a guide. The specific
design areas that will be defined by the plan are as follows:
• Street Trees and Shade Trees
• Ornamental and Specimen Trees
• Landscape Beds
• Seasonal Planting Beds
• Lawn areas
• Screen Planting Zones
• Bank Stabilization Areas
• Back -drop and Framing Planting
2.7 Lighting Design
Consultant shall develop a lighting scheme for Phase III that supports the design concept
established in the final report. The lighting shall highlight, accent and celebrate the basic
forms and order of the design while providing for a safe pedestrian environment. The
specific lighting types that will be defined by the plan are as follows:
• Pedestrian scale overhead lighting
• Low -level pathway lighting
• Low -level step or wall lighting
• Up Lighting
• Parking lot lighting
• Fountain lighting at channel
• Structure lighting
• Specialty lighting
2.8 Irrigation Design
Consultant shall develop an irrigation scheme for Phase III that supports the design
concept established in the final report The irrigation design shall provide for the needs
of the landscape plan while promoting water conservation methods.
2.9 Utility Relocation Coordination
Consultant shall be responsible for the depiction of all gas line relocation, power pole
relocation, electric line relocation and telephone line relocation on the construction
drawings for Phase IIIA and IIIB construction. The design for relocation of gas line
power poles, electric lines and telephone lines will be by others.
2.10 Waterline Relocation Design
Consultant shall be responsible for the design of waterline relocation as presented in the
summary report for the Part A contract.
Design Studios West, Inc.
Appendix A - Scope of Work
PageA -3
2.11 Storm Sewer Relocation Design
Consultant shall be responsible for the design of storm sewer relocation and all pertinent
structures as presented in the final report for the Part A of the contract.
2.12 Pedestrian Bridge Design
Consultant shall be responsible for the design of the pedestrian bridge structure type
determined as a result of the final report. Consultant shall be responsible for design of
the foundation system as required for the selected bridge structure type and the
foundation system for the abutments and the walkways on each side of the pedestrian
bridge. Consultant shall be responsible for the design of the superstructure for the
selected pedestrian bridge structure type.
2.13 Interim Police Parking and Access
Consultant shall consider the parking needs and access necessary to keep the adjacent
police station fully operational during the implementation of Phase III or until the police
station moves
2.14 Mill House Complex Design
Consultant shall be responsible for the design of the Mill House Complex. The final
program for the complex shall be defined during the start up meeting by City Staff
following the general concepts for the structure as set forth in the summary report for
the Part A of the contract. The functional requirements of the Mill House design are set
forth as follows:
• The Mill House design shall provide a dry dock facility and maintenance for
boats.
• The Mill House shall be equipped with a ramp that will allow boat extraction
from the channel.
• The Mill House shall be a two -story structure and will house a separate use on its
second level, ie... office or retail.
• The Mill House shall complement the architecture of the proposed Exhibit Hall
expansion.
• The Mill House shall be designed with a finish and character representative of
the grand and civic nature of Phase III.
• The Mill House design shall include gated controls for dewatering the boat
maintenance chamber, a valved channel drain that will discharge to the storm
sewer system, and controls to allow for diversion of flow from the navigable
channel into a potential future natural channel flowing toward Santa Fe Avenue
2.15 Geotecbnicallnvestigation & Hazardous Waste Investigation
Consultant shall complete a geotechnical investigation to be completed in addition to the
geotechnical investigation completed for the Part A Scope of Work. The geotechnical
investigation for the Part B Scope of Work shall be for the purpose of developing
foundation design recommendations for the Mill House. The exploratory work for the
geotechnical investigation will include two borings taken to a depth sufficient to provide
foundation design recommendations for the Mill House. The geotechnical report will
provide for unified soil classifications of the soil strata that are encountered at each of the
boring locations and will provide standard index properties, lateral pressure
recommendations and bearing pressure recommendations for use in the design of the
Mill House structure.
2.16 Standards and Design Criteria
Design Studios West, Inc.
Appendix A — Scope of Work
Page A -4
Consultant shall develop standards and design criteria for each area of design based on
the following references.
• Standards for Accessibility as required by the "Americans with Disabilities Ace'
• Live load Standards for the Pedestrian Bridge as set forth by the 1997 Uniform
Building Code
• Architectural Standards for the Mill House as set forth by the 1997 Uniform
Building Code
• Standards for water line relocation as set forth by the "Design and Construction
Standards of the Pueblo Board of Water Works"
• Standards for storm sewer relocation as set forth by the "City of Pueblo
Department of Public Works" (All storm sewer relocations will be designed to
use reinforced concrete per ASTM C -76.
• Stormwater Inlets and Storm sewers shall be designed to convey the 100 -year
flood flow values as determined in the hydrologic analysis completed by Wright
Water Engineers in 1993.
• Lighting design as per the Uniform Electrical Code
2.17 Meetings
Consultant shall develop a schedule for various meetings in an effort to make meetings
more efficient and minimiz travel.
2.18 Progress Meetings for Phase III Design and "Technical Issues
All Progress Meetings will be held in Pueblo. Consultant shall attend approximately 6
progress meetings during with project participants during the Design Development
phase. Progress meetings will pertain to the Phase III -A final design. Consultant shall be
responsible for preparing agendas for all progress meetings. Consultant shall be
responsible for the preparation of meeting summaries and for the distribution of meeting
summaries to the people in attendance at the meeting and to other project participants.
Meeting summaries will be distributed by E -mail or by FAX at the option of the person
in attendance or the project participant.
2.19 Committee Meetings forPhase III Final Design
All Progress Meetings will be held in Pueblo. Consultant shall attend approximately 6
committee meetings with various groups and agencies. Committee meetings will be held
to update the project partners on the progress and direction of the Phase III -A final
design. Consultant shall be responsible for preparing agendas for all progress meetings.
Consultant shall be responsible for the preparation of meeting summaries and for the
distribution of meeting s ummari es to the people in attendance at the meeting and to
other project participants. Meeting summaries will be distributed by E -mail or by FAX at
the option of the person in attendance or the project participant.
2.20 Project Milestone Meetings forPhase III Design Development
All Project Milestone Meetings will be held in Pueblo. Consultant shall present a 50%
Design Development package for review by the City of Pueblo. The City of Pueblo will
have 7 days to provide comments generated as a result of the 50% review meeting. The
Consultant will address all comments and reflect any revisions in a 90% Design
Development Package.
Consultant shall present a 90% Design Development package at a second milestone
meeting for review by the City of Pueblo. The City of Pueblo will have 7 days to provide
Design Studios West, Inc.
Appendix A - Scope of Work
Page A -5
comments generated as a result of the 90% review. The Consultant will address all
comments and reflect any revisions in a 100% Design Development Package.
2.21 Preliminary Opinion of Probable Construction Cort for Final Design Package
Consultant shall be responsible for the development of an Opinion of Probable Cost to
accompany the Final Design submittal. Opinions of probable construction cost shall be
developed based on estimated quantities extended by a unit price and lump sum items
where appropriate.
222 Package format
The consultant will develop a graphic standard and format for the package in Autocad
2000 using the base mapping provided in the topographic and Alta surveys prepared
under "Part A" of the contract. The drawing package shall be formatted with a 24 "x 36"
or 30" x 42" sheet size as determined by consultant. All mylar drawings that depict
engineering design shall be sealed and signed by a registered professional engineer in the
State of Colorado. Drawings will be prepared using AutoCAD Version 2000. Drawing
symbols and text shall be of a size and weight to allow for reduction of drawings to one-
half size.
2.23 Package Content
Final Design Package for Phase III shall include but are not limited to the following
specific drawings:
• Title Drawing
• Site Phasing Drawing
• Site Demolition Plan Drawing(s)
• Site Materials Plan Drawing(s)
• Site Grading & Drainage Plan Drawing(s)
• Site Lighting and Electrical Plan Drawing(s)
• Site Irrigation plan Drawings
• Site Improvement Section Drawings
• Site Furnishing Intent Drawings
• Site Lighting Intent Drawings
• Water Line Relocation Drawing
• Storm Sewer Relocation Drawing
• Pedestrian Bridge Design Development Drawings
• Navigable Channel Design Development Drawings
• Mill House Design Development Drawings
224 Deliverables for Pbate III Final Design Package
• Ten (10) copies of Final Design package for 50 1 /6 completion review.
• Ten (10) copies of Final Design package for 90% completion review.
• Ten (10) copies of the Opinion of Probable Construction Cost to accompany
the 90% review documents.
• Pedestrian Bridge Final Design Drawings
• Navigable Channel Final Design Drawings
• Mill House Final Design Drawings
• Shade Structure Final Design Drawings
Design Studios West, tne.
Appendix A — Scope of Work
Page A - 6
• Ten (10) copies of the 100 Design Development package, one reproducible
copy and all electronic Autocad files.
• Two (2) Presentation Graphics either plan or perspective views for project
promotion.
3.0 Project Phasing
3.1 Phasing and Implementation Strategie
Consultant shall prepare a Phasing Plan that will identify probable construction phases
for Phase III of HARP. The phasing strategy will be determined using final probable
costs against a construction budget to be determined by the various HARP agencies.
Upon determination offirrtphase budgeted for construction, by the vanousgrmps and agencies involved, D W=11
prepared a scope of vork for the preparation of Construction Documentation.
END OF APPENDIX A
SCOPE OF WORK
Design Studios West, Inc.
Appendix A — Scope of Work
Page A - 7
APPENDIX B
Fee Schedule
The Owner shall compensate Consultant for the Scope of Services in the following manner.
Can a monthly basis the Owner shall compensate Consultant on an hourly basis. These hourly rates shall be
considered as fixed for one calendar year from the date of the Agreement. The following hourly rates
include overhead and profit. These rates reflect the varied expertise levels that we feel will be required for
your project.
Category Typical Tasks Hourly Rate
Principal /Associate Project Administration, Management and $ 120.00
Control and /or Lead Design
Senior Professional Senior Planner, Architect, Engineer and Landscape 90.00
Architect
Project Staff Project Planner, Architect, Engineer and Landscape 70.00
Architect
Technician Technical Support and AutoCADD 50.00
Clerical /Administrative Word Processing, Report and Specification 35.00
Preparation, and Invoice Documentation
Design Studios West, Inc.
Appendix B - Fee Schedule
Page B - 1
APPENDIX B
Summary ofProfessiomd Fees
HARP PHASE THREE — Final Design
Final Design for Phase IIIA and IIIB
1.0 Phase IIIB Final Design $44,500.00
1.1 Desi gn Work Session
1.2 Issues and Concerns
1.3 Project Goals
1.4 Design Work Session Graphics
1.5 Final Design Plan
1.6 Plan Review
1.7 Final Plan Graphic
1.8 Design Work Session Documentation
2.0 Phase IIIA and IIIB Design Development $176,900.00
2.1 Pmjea Start -up
2.2 Final Design
2.3 Design Development including:
• Navigable Channel Design
• Design of Site Improvements and Site Furnishings
• Design of Site Ilsndscaping
• lighting Design
• Irrigation Design
• Utility Relocation Coordination
• Waterline Relocation Design
• Storm Sewer Relocation Design
• Pedestrian Badge Design
• Mill House Complex Design
2.4 Geotechnical Investigation & Hazardous Waste Investigation
2.5 Standards and Design Criteria
2.6 Meetings including
• Progress Meetings for Phase III Design and Technical Issues
• Committee Meetings for Phase III Final Design
• Project Milestone Meetings for Phase III Design Development
2.7 Preliminary Opinion of Prohahle Consirmcdon Costfor Phase III
Design Development Package
3.0 Project Phasing $25,500.00
3.1 Phasing and Implementation Strategies
PART B — TOTAL FEE = $ 246,900.00
Design Studios West, Inc.
Appendix B — Fee Schedule
Page B - 2
GAW"I'LN011:ADR]
Summary ofProfessional Fees
• Design Studios West, Inc ...... ............................... $112,225.00 (45 %)
• Sellards & Grigg ................. ............................... 58,360.00 (24 %)
• Semple Brown .................. ............................... 47,137.00 (20 %)
• LONCO ......................... ............................... 15,712.00 ( 6 %)
• RMH Group .................... ............................... 5,611.00 ( 2 %)
• HP Geotech .................... ............................... 4,040.00 ( 2 %)
• Hydrosystems ................... ............................... 3,815.00 ( 1 0/0
Professional Fees ......................... ............................... $246,900.00 (100 %)
END of APPENDIX B
FEE SCHEDULE
Design Studios West, Inc.
Appendix B — Fee Scheduk
Page B - 3
APPENDIX C
Identification Of Personnel & Subcontractors
Because of the comprehensive and diverse nature of the proposed Scope of Work there will be several
individuals assigned to this work effort Below is a brief list of key personnel.
Prime Consultant
The Consultant shall be Design Studios West, Inc. (DSW). Donald H. Brandes, Jr., ASIA shall be the Principal
in Charge and shall be responsible for all project records, administration and management. Chad Herd, ASLA
shall be the Project Manager and shall be responsible for the project planning, design and coordination of all
subconsultants.
Subconsultants
DSW anticipates the following specialty subcontractors will be required for the proposed scope of work as
outlined in Appendix A.
• Sellards and Griggs — Surveying and Civil Engineering
• Semple Brown Design — Architecture
• LONCO — Structural Engineering
• RMH Lighting — Lighting and Electrical
• HP Geotech — Geotechnical Engineering
• Hydrosystems — Irrigation
• Cost Estimator
END OF APPENDIX C
IDENTIFICATION OF PERSONNEL & SUBCONTRACTORS
Design Studios West, Inc.
Appendix C — Identification of Personnel & Subcontractors
Page C - I