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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 IR .� �. WO 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. !WM 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. -3- 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 -4- 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. -5- 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 -6- 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 7- 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, -8- 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." MM 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. -10- 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). ENE 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. -12- 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 -14- 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 -15- 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