Loading...
HomeMy WebLinkAbout5350-/, JJJ t RESOLUTION NO. 5350 A RESOLUTION APPROVING A CONTRACT BETWEEN DESIGN STUDIOS WEST, INC., AND THE CITY OF PUEBLO, COLORADO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A contract dated March 12, 1984, a copy of which is attached hereto and made a part hereof by reference after having been approved as to form by the City Attorney, by and between Design Studios West, Inc., and the City of Pueblo, a Municipal Corporation, to provide Streetscape Program and Design for improvements to the area of the Union Avenue Historic District; including but not limited to: Streetscape Master Plan Surveying /Base Mapping Construction Documentation Construction Inspection /Admin. Be and the same is hereby approved subject to the conditions as set forth in said contract. cGrTTnm 9 The President of the Council is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED March 12 , 1984 BY DOUGLAS L. RING Councilman APPROVED 26 ATTEST: J . City Cler AGREEMENT FOR PLANNING AND DESIGN OF STREETSCAPE IMPROVEMENTS THIS AGREEMENT, effective as of March 14 , 1984, by and between the CITY OF PUEBLO; PUEBLO, ODLORADO herein to a ter re erred s the "Owner "), and DESIGN STUDIOS WEST, INC., 1422 Delgany Street, Suite 31, Denver, Colorado 80202 (hereinafter referred to as the "Landscape Architect "); W I T N E S S E T H: WHEREAS, the Owner contemplates the construction of the following streetscape improvements and services necessary to implement such improvements, by way of illustration only: design programming, demolition and removal, earthwork, site and drainage improvements, paving improvements, lighting, curb and gutter, automatic irrigation system, planters, planting, and other miscellaneous improvements, hereinafter referred to as "the Project ". NOW, THEREFORE, the Owner and the Landscape Architect, in consideration of the mutual covenants and conditions hereinafter set forth, agree as follows: SECTION 1: BASIC SERVICES TO BE PERFORMED BY THE LANDSCAPE ARCHITECT. The Landscape Architect agrees to perform all the professional services incident to design, prepare necessary plans and specifications for the construction of the contemplated project. Without limiting the generality of the foregoing, the Landscape Architect shall perform the following services: A. The Landscape Architect, or principal associate of the firm, shall attend such conferences with designated representatives of the Owner as may be requisite to a complete understanding of the project and the requirements of the Owner in such regard. B. The Landscape Architect shall prepare a Streetsca.pe Program and Design of the project leading to a recommended solution together with a general description of the project for approval of the Owner. (See appendix A "Scope of Services ") C. The Landscape Architect shall furnish civil and topographic, and other engineering designs and specifications required in connection with said project and shall be responsible to the Owner for the employment of properly trained, qualified and competent engineers and consultants in such regard, who shall be acceptable to and approved by the Owner. All such engineers and land surveyors shall furnish the Owner proof that they are currently registered by the State of Colorado, shall have available for the Owner full data as to similar work on which they have been engaged and shall show to the Owner's satisfaction that they have no connection with the sale of any equipment or material such as might be used in connection with the project and that they are not currently engaged or interested in any business which may cause a preference for specific products or services connected with the project. Consultants shall not begin work until approved by the Owner, and in each instance the Owner's approval shall be evidenced to the Landscape Architect in writing. Any such consultants may be employees or partners of the Landscape Architect. D. Upon approval by the Owner of the Streetscape Program and Design, the Landscape Architect shall submit an overall re- evaluated timetable to the Owner for the complete development of the construction documents. The construction documents to be furnished shall consist of a complete set of working drawings and complete specifications for the project, as well as other customary drawings (including by illustration only, layout plans, grading plans, and constructions details), specifications and documents necessary to fully explain the intention of the work. The Owner's General and Supplementary Conditions of the Contract and the Owner's other contract documents shall not be modified without approval of the Owner. Supplementary General Conditions as may be needed to fit the project shall be developed by the Landscape Architect and approved by the Owner and any other consultants as may have been designated by the Owner. All such construction documents shall meet with the Owner's approval. Each area will be of sufficient scale and detail to adequately and fully explain the function of this area in the intention of the work and to enable the satisfactory construction of the area by the Contractor. E. In conjunction with the Streetscape Program and Design, the Landscape Architect shall prepare and submit to the Owner the project cost estimates. These estimates shall be used by the Owner and the Landscape Architect in the evaluation of the project as it relates to the intended scope of the project and the approved construction budget of the Owner and will form the basis for any change therein. Landscape Architect shall prepare and provide such cost estimates in compliance with the Project budget approved by Owner and provided to said Landscape Architect. F. The Landscape Architect shall prepare or cause to be prepared plans and specifications in full compliance with standards of the Colorado Department of Labor and Employment. G. The Owner may review the proposed construction documents and recommend revisions or corrections as he deems necessary. These recommendations shall be reviewed with the Landscape Architect who shall make the necessary revisions or corrections before final bidding documents are issued. Such revisions or corrections shall not be made by Addendum. This review and revisions to the proposed construction documents, as finally approved by Owner in writing, shall constitute the Owner's agreement on the engineering approach and intent of the drawings. Previous acceptance of the Streetscape Program and Design will not limit the Owner's rights to request the revisions and /or corrections at such time in accordance with the provisions of Section 5 herein regarding Additional or Expanded Services, but shall entitle the Landscape Architect to submit a claim for additional compensation as set forth in Section 5, to the extent services are required thereby. H. Within seven days after approval by the Owner of the proposed construction documents, the Landscape Architect shall furnish as many copies of the corrected construction documents as shall be required by the Owner for a single general contractor, but not to exceed thirty (30), which shall be distributed for bidding and construction purposes. The Owner reserves the right to reproduce at its own expense additional copies of plans and specifications, or to reimburse the Landscape Architect for reproduction costs on all sets of plans over thirty (30) at the current price which the Owner pays for such work. SECTION 2: PROJECT DESCRIPTION A. The project shall be generally defined as follows: That are of B street in front of the Union Depot, the 100, 200, and 300 blocks of South Union Avenue, the half - blocks east and west of South Union Avenue to the alleyways on B, C and D streets, the perimeter of the city parking lots on Elizabeth Street and South Union Avenue, the 100 block of North Union Avenue including the City Hall Complex, and the block face along South Grand Avenue in front of the Vail Hotel. B. The Landscape Architect's basic fee as set forth in Appendix B of this Agreement shall compensate the Landscape Architect for services rendered in respect to the project as defined above. C. If the Landscape Architect, due to written direction and approval from the Owner as set forth in Section 5 of this Agreement, performs services outside the specified project area, as defined in Section 2A, he shall be compensated for his services as set forth in Section 5 of this Agreement. D. Owner's approved budget for site improvements for this project is $1.2 million. Landscape Architect shall design the Project in accordance with said budgeted amounts of money. This budget shall be reviewed with the Owner at the conclusion of the Master Planning Phase. SECTION 3: METHOD OF CDMPENSATION A. Landscape Architect and his consultants shall be compensated on an hourly basis in accordance with the hourly rates contained in Appendix B, "Fee Structure ", however, in no event shall the total fees exceed $82,000.00 without the express written consent of Owner, in accordance with Section 5 of the Agreement regarding Additional or Expanded Services. B. Owner shall be responsible for and pay expenses of Landscape Architect as contained in the Fee Schedule, attached and made part of this agreement; provided, however, in no event shall the total expenses exceed $6,400.00 without the express written consent of Owner, in accordance with Section 5 of this Agreement regarding Additional or Expanded Services. C. The Landscape Architect shall submit to the Owner on or before the 5th day of the month a detailed invoice for all time and expenses spent in the performance of Services by the Landscape Architect for the preceding month. Such invoice shall itemize all the Landscape Architect time and expenses. The Owner reserves the right to require additional information from the Landscape Architect substantiating any and all such compensation sought by the Landscape Architect before accepting the invoice. The Owner shall compensate the Landscape Architect within thirty (30) days of the receipt of an invoice or its acceptance if additional information is required. When additional information is required the Owner shall so advise the Landscape Architect in writing, giving its reasons, following the same procedure if it objects to the payment of any item on an accepted invoice as being outside the scope of this Agreement. Payments not made within thirty (30) days of the receipt or acceptance of an invoice shall bear interest at a rate of 1% per month. Failure of Owner to pay the Landscape Architect within sixty (60) days after receipt and acceptance of the Landscape Architect's invoice shall allow the Landscape Architect after giving seven (7) day's written notice to Owner, to suspend services under this Agreement until his outstanding invoices which have been received and accepted by the Owner have been paid in full. Payments made by the Owner shall not constitute a waiver of the Owner's right to object to and seek relief for any error, omissions, or corrections to which the Owner is entitled. D. If the Project is suspended or abandoned in whole or in part for more than one month by Owner through no fault of Landscape Architect the Landscape Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses and all termination expenses. If the Project is resumed after being suspended for more than three months, the Landscape Architect's compensation shall be equitable adjusted. SECTION 4: SERVICES FURNISHED BY OWNER A. So far as the project contemplated by this Agreement may require, the Landscape Architect and his consultants shall be entitled to information giving a complete and accurate survey of the site and the grades and lines of streets, pavements and adjoining properties as is existing and available; information as to the rights, restrictions, easements, surface water courses, boundaries and contours of the building sites; and full information as to existing sanitary sewer, storm sewer, phone, water, gas and electrical services. The Owner, shall assist Landscape Architect to obtain such data. Specialized engineering services, other than the normal services as provided in Section 1, when specifically requested by the Owner, shall be paid for by the Owner. B. Owner shall be responsible to the Landscape Architect the following services: 1. Program elements 2. Specific technical program of functional requirements 3. Timely review of design phases 4. Timely review of site planning. 5. Process all claims arising from insurance and all claims arising or in connection with performance, completion and payment bonds. 6. Prompt decisions on selection of materials and equipment. 7. Provide general conditions developed by the Owner such as, by illustration only, liquidated damages and conformance to local standards, as Owner may wish the Landscape Architect to use. 8. Timely review of final plans and specifications. 9. Assume all responsibility and actions necessary for the proper administration and bidding of the project after the Landscape Architect submits the final plans and specifications. 10. Hold the Landscape Architect harmless for all modifications and changes in the construction documents made by Owner or Owner's agent once construction has commenced. C. Owner shall provide full information regarding its requirements for the Project. The city manager or his designated representative is hereby authorized by Owner to act in its behalf with respect to the Project, Project requirements, and to facilitate the execution of the Project. D. Owner's representative shall be responsible for reviewing and distributing drawing, reports and other related documents for review at key junctures and assisting in obtaining approvals and consent from the Project Cammittee if required. E. If the Owner's representative has actual knowledge of any fault, defect, non - conformance, error or omission with the Documents prepared by the Landscape Architect, the authorized representative shall give prompt written notice thereof to the Landscape Architect. F. Any written approvals issued to the Landscape Architect by the Owner as required in this Agreement, and as required for reasonable progress of the Landscape Architect's work shall be presumptive evidence of the Owner's review and concurrance in the scope of the Landscape Architecture work for which such approval has been given. G. The information and services required by the paragraphs of Section 4 herein shall be furnished at no expense to the Landscape Architect, who shall be entitled to rely upon the accuracy thereof. H. The Owner shall advise the Landscape Architect of the identity of other consultants and in -house personnel participating in the Project or related projects and the scope of their services and responsibilities. Landscape Architect shall work with, cooperate with, and coordinate its services and work products required herein with such consultants and personnel to provide a project coordinated with any other projects for Owner. I. The Owner's representative shall participate in and aid in the preparation for all meetings with respect to the Project. J. If after ten (10) working days upon submission of any written text, drawings, or other draft documents which concludes an identified phase of work, there is no change in approach by the Owner, then that phase shall be considered final and complete. This condition may occasionally be altered provided the Owner notifies the Landscape Architect of any delay. K. If the Owner wishes to modify the scope of services as provided in this Agreement, the Owner and Landscape Architect shall prepare an agreed upon work release and compensation schedule. The Owner's representataive shall be responsible for the coordination and timely processing of such work releases in a manner as to not delay the Project Schedule. (See Appendix C for the sample Work Release Form.) SECTION 5: A DDITIONAL OR EXPANDED SERVICES If authorized in writing by the Owner, the Landscape Architect shall furnish or obtain from other consultants Additional or Expanded Services of the following types which are not considered normal or customary services proposed or anticipated at this time. The authorization of this work shall be done via the work release as specified in Appendix C or such similar form of agreement entered into by the parties hereto. Such additional or expanded services may inlcude, by illustration only: A. Program requirements that change substantially due to causes beyond the control of the Landscape Architect and after the completion and approval by the Owner of each phase of drawings and text, requiring additional or substantive redesign or extra work or time. B. Furnishing the services of special consultants not identified in the Scope of Services. C. Making revisions in drawings or other documents for work prepared by other consultants retained by the Owner who are involved with the Project. D. Making revisions in drawings, text, or other documents when such revisions are inconsistent with written or implied approvals of progress or instructions previously given by the Owner. E. Providing any other service not otherwise included in the Agreement which cannot be anticipated at this time and requested by the Owner to fulfill a specific or unique project program or design requirement developed during the Project. F. Meetings or presentation other than those specified in the Scope of Service, Appendix A. Acting as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding, not involving a dispute or litigation between the parties hereto and not based upon errors, anissions or negligent acts of the Landscape Architect. SECTION 6: PERIOD OF SERVICES The provisions of this paragraph and the various rates of compensation outlined under Appendix B have been agreed to in anticipation of the orderly and continuous progress of the Project's overall Master Plan. If not delayed by the Owner or others through extended programming or review, the Landscape Architect shall complete all phases of work as outlined in the Scope -of- Services, Appendix A, attached hereto and made a part hereof, within 120 calendar days of written authorization to proceed. SECTION 7: TERMINATION Either party may terminate this contract, upon 15 day's written notice, without cause. At the time written notice is given, a review of the work to date will be made to determine the extent of the work to be completed during the remaining 15 days before the termination date. In the event that this Agreement is terminated by the Owner through no fault of the Landscape Architect, the Landscape Architect shall be paid for services actually performed to such termination, plus any expenses then due the Landscape Architect. All documents, data, information, files, work in progress, and complete and incomplete work products shall be provided Owner by Landscape Architect, subject to the provisions of Section 9 below regarding Documents. SECTION 8: ARCHITECT TO OONFORM TO BUDGET A. The budget for the construction of the project and for which the Landscape Architect shall have sole responsibility for planning, will be established upon approval of the Streetsca.pe Program and Design. The Landscape Architect shall make his final plans and specifications to conform to the approved budget. C. If conditions arise during progress of the Landscape Architect's work on the project which, in the opinion of the Landscape Architect, would be sufficient reason for revision of the budget set forth above, the Landscape Architect shall so inform the Owner in writing. Upon receipt of such notification, the Owner and the Landscape Architect shall review the conditions and the budget and the Owner shall determine whether or not the conditions shall be removed or changed, and whether or not the budget amount shall be increased. SECTION 9: DOCUMENTS Landscape Architect shall provide to Owner reproducable copies on mylar sepia of all original documents prepared in relation to the Project. SECTION 10. LANDSCAPE ARCHITECT'S PARTNERSHIP PERMITTED The Landscape Architect may, with the prior written consent of the Owner, join with him in the performance of this Agreement any other Landscape Architect or Landscape Architects with whom he may, in good faith, enter into partnership or professional corporation relations. In the event of dissolution of a partnership employed as Landscape Architect, other than by death of a partner, if the members thereof cannot agree as to which of them shall continue with the work, the Owner in its sole judgment may designate which former partner shall continue with the work and may make all payments thereafter falling due in connection with the project directly to the person or persons so designated and without being required to look to the application of such payments as among the former partners. Landscape Architect hereby covenants and agrees to hold Owner harmless from any liability claim or judgement, and costs and fees related thereto, arising out of any change in the partnership or other organizational structure of Landscape Architect. SECTION 11: DEATH OR DISABILITY OF LANDSCAPE ARCHITECT In the event of the death of one member of a partnership employed as the Landscape Architect by the Owner, the surviving member or members of the partnership shall succeed to the rights and obligations of the original partnership hereunder. In the event of the death of a sole Landscape Architect or in the event of his failure, refusal or inability to continue his performance hereunder, then he (or his conservator, executor or administrator, such as the case may be) shall be paid such sums as may be due the Landscape Architect under the provisions of this Agreement. SECTION 12: RESTRICTION OF ASSIGNMENT OF AGREEMENT It is understood that Owner entered into this Agreement based on and in consideration of the special abilities of Landscape Architect, and that this Agreement shall be considered as an agreement for personal services. Accordingly, Landscape Architect shall neither assign any responsiblities or delegate any duties rising under this Agreement without the prior written consent of the Owner. SECTION 13: AGREEMENT BINDING ON SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, successors and assigns of the respective parties hereto. SECTION 14: INTENT AND MODIFICATION OF THIS AGREEMENT The Owner and the Landscape Architect agree that it is the specific intent of this Agreement to define, grant and specify the responsibility and authority of the Landscape Architect; and it is hereby specifically understood and agreed that in any matters during work under this Agreement which are not specifically covered and defined by this Agreement, the authority and direction for such matters must come from the Owner, and that the Landscape Architect shall in all such matters request and receive written direction and approval from the Owner prior to carring out any work regarding such matters. SECTION 15: COVENANTS AND RESPONSIBILITIES OF LANDSCAPE ARCHITECT TO OWNER A. The Landscape Architect covenants with the Owner to furnish its best skill and judgment and to cooperate with the Owner in furthering the Owner's best interests. B. The Landscape Architect agrees to furnish efficient business administrtion and supervision of the project and to perform his duties in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the Owner. C. Landscape Architect shall be responsible for the highest professional quality, workmanship, technical accuracy, timely completion and the coordination of all designs, plans, reports, specifications, drawings, documents, expert or professional advice, and all other services rendered by Landscape Architect. Landscape Architect shall indemnify, save and hold harmless Owner from all damages, costs, and expenses whatsoever to Owner arising out of the Landscape Architect's negligent performance of any of the services furnished under this agreement. SECTION 16: PROFESSIONAL LIABILITY INSURANCE The Landscape Architect agrees that he shall secure and maintain in full force and effect a policy of professional liability insurance in the amount of $500,000.00 if required by the Owner, providing coverage for any errors or omissions by him occurring during the term of this Agreement. Owner shall be entitled to the benefits of said insurance for any errors or cmissions of Landscape Architect. SECTION 17: BREACH Each and every term and condition hereof shall be deemed to be a material element of the Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. SECTION 18: WAIVER No waiver of any breach of any one of the agreements, terms, conditions or covenants of this Agreement by the Owner shall be deemed to imply or constitute a waiver of any other agreement, term, condition or covenant of this Agreement. The failure of the Owner to insist on strict performance of any agreement, term, condition or covenant, herein set forth, shall not constitute or be construed as a waiver of the rights of either or the other thereafter to enforce any other default of such agreement, term, condition, or covenant; neither shall such failure to insist upon strict performance be deemed sufficient grounds to enable the Landscape Architect to forego or subvert or otherwise disregard any other agreement, term, condition or covenant of this Agreement. SECTION 19: SEVERABILITY If any provisions of this Agreement are illegally in conflict with any statute or rule of law of any jurisdiction in which it may be sought to be enforced, then such provisions shall be deemed null and void to the extent that they may conflict therewith, but without invalidating the remaining provisions hereof. SECTION 20: NOTICES All notices required or permitted under this Agreement or which any party elects to give shall be in writing and delivered either personally to the other party's authorized agent set forth below (or as changed by written notice). or by depositing such notice in the United States first class mail, postage fully prepaid, to the person at the address set forth below, or to such other address as either party may later designate in writing. Any notice given by mail as herein provided shall be deemed given when deposited in the United States mail: Owner: Gladys Comi Community Development Director City of Pueblo Pueblo, Colorado Landscape Architect: Russell G. Moore Design Studios West, Inc. 1422 Delgany Street, Suite #31 Denver, Colorado 80202 SECTION 21: ENTIRE AGREEMENT The within Agreement constitutes the entire agreement of the parties hereto. No modification, change or alteration of the within Agreement shall be of any legal force or effect whatsoever unless in writing, signed by all of the parties hereto. SECTION 22: ADDITIONAL TERMS AND CONDITIONS The response of Landscape Architect to Owner's request for Proposals for the Streetscape Program and Design is hereby included in this agreement by reference; provided, however, the provisions of this Agreement shall apply and be binding upon the parties in the event of a conflict between this Agreement and said response of Landscape Architect. The parties hereto have executed this Agreement in triplicate the day and year first above written. ATTEST: City C1 r ATTEST: DESIGN STUDIOS WEST, INC. BY: SECTION 21: ENTIRE AGREEMENT The within Agreement constitutes the entire agreement of the parties hereto. No modification, change or alteration of the within Agreement shall be of any legal force or effect whatsoever unless in writing, signed by all of the parties hereto. SECTION 22: ADDITIONAL TERMS AND 00NDITIONS The response of Landscape Architect to Owner's request for Proposals for the Streetscape Program and Design is hereby included in this agreement by reference; provided, however, the provisions of this Agreement shall apply and be binding upon the parties in the event of a conflict between this Agreement and said response of Landscape Architect. The parties hereto have executed this Agreement in triplicate the day and year first above written. ATTEST: CITY OF PUEBLO I: I --k- — R!,,—.. or�, — � != 1 1 � APPENDIX A SODPE -OF- SERVICES A. Streetsca.pe Master Plan The following is the specific Master Planning process and outline of work to be performed by the Landscape Architect: • Two (2) meetings held in Pueblo for the purposes of determining master planning programming, data compilation, coordinate future meetings and review of in- progress master planning drawings. • Preparation of one (1) conceptual design plan for the Historic District planning area. Review of conceptual design plan by the Owner with specific changes/modifications for the final Master Plan. This includes one (1) presentation meeting. • One (1) presentation meeting of the Master Plan to the Historic District members and /or City officials • Coordination of approved Master Plan with the State Historic Preservation office. • Preparation of final presentation drawings shall include one (1) colored rendered plan and appropriate sections /perspectives of the streetscape as Master Planned. • Two (2) sets of mylar reproducibles of the Master Plan and sections and perspectives shall be given to the Owner. • A preliminary cost estimate shall be prepared by the Landscape Architect based on the approved Master Plan. Streetscape Master Plan Lump Sum Total ....... ......................$9,000.00 B. Surveying and Topographic Base Mapping The surveying and topographic base mapping work shall be coordinated by Mr. Davis Holder, Professional Engineer and Director for Design Studios West, Inc. Mr. Holder will contract with and coordinate a local surveying firm for the preparation of all base mapping. All surveying and associated coordination shall not exceed a lump sum of $9,000.00. C. Construction Documentation The Landscape Architect shall prepare the following construction documents based on a construction budget of $1.2 million. The following are the construction documents which shall be prepared by the Landscape Architect: Documents 1. Overall Planting Plan 2. Node Area Planting Plans 3. Overall Irrigation Plan 4. Node Area Irrigation Plan 5. Layout Plans 6. Grading Plans 7. Site Sections 8. Lighting Plans 9. Bench Details 10. Trash Receptacle Details 11. Shelter Details (as needed) 12. Planting Details 13. Irrigation Details 14. Walls /Planters /Steps Details 15. Paving Details 16. Kiosk Details (as needed) 17. Miscellaneous Details 18. Plans and designs for Utilities (as final design requires, consultant shall provide the necessary construction documents for storm drainage facilities within the project area). Specifications 1. 2. 3. 4. 5. Procedural Documents (utilizing City standards) Contract Forms Conditions of the Contract Technical Specifications Standard Forms (utilizing City standards) Detailed Final Cost Estimate based on construction documents The Landscape Architect shall submit to the City thirty (30) sets of construction drawings and specifications based on a hand -bid, single general contractor. Maximum Fee: $56,000 Maximum Direct Expense: $4,000 Lump Sum Total: $60,000 D. Construction Inspection and Administration The following construction inspection and administration shall be performed by the Landscape Architect. As mentioned previously, the following items of work are based on a construction budget of $1.2 million and a construction schedule of approximately four (4) months. If the construction budget and resulting construction schedule changes substantially, this fee amount shall be modified accordingly. The following is the proposed Scope -of -Work: o Once a week, day long site visits o Shop drawing and submittal review and approval o Pay application review and approval o Drawing clarification o Contractor coordination o Soils testing /concrete testing o Materials approval o CPM review and approval o Change order preparation and approval o Field order issuance o Final punch list inspection o City /District coordination Maximum Fees: $8,000 Maximum Direct Expenses: $2,400 Lump Stun Total: $10,400 FEE SUMMARY AND STRUCTURE Professional Fee and Direct Expense Summary Lump Sum Phase /Description Fee Direct Expenses A. Streetscape Master Plan $ 9,000 - (Lump Sum) B. Surveying /Base Mapping $ 9,000 - (Lump Sum) C. Construction Documentation $56,000 $ 4,000.00 D. Construction Inspection /Admin. $ 8,000 $ 2,400.00 Sub Totals: $82,000 $ 6,400.00 Grand Total Lump Stun .......................... .....................$88,400.00 Not to Exceed Owner shall compensate the Landscape Architect based on the contract Lump Sum not -to- exceed figure of $88,400.00 on an hourly basis as provided for by this Agreement. FEE STRUCTURE The Owner shall compensate the Landscape Architect for the Scope of Services provided, in the following manner: A. On an hourly fee basis for the Landscape Architect's Primary, Additional, and Expanded services based upon the following hourly rates. The total compensation per project for the "Landscape Architect's Service Maximum" shall not exceed the fees outlined in the final contract, ($88,400.00) without the prior written approval of the Owner. 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 by your project. Category Typical Tasks Hourly Rate Principal Project Manager Professional Engineer Civil Engineer Owner Conferences and Presentations Project Management, Reports, Estimates, Communications, Site Observations Primary Design, Calculations and Certification of Drawings and Specifications Analysis, review, site observation and documentation Project Designer Primary Design, Site Analysis and Inventory, Construction Documents, Graphics, Specifications, Master Planning Technician Base Mapping, Design Detailing, Construction Detailing, Graphics, Travel Time Clerical Typing, Report and Specification Preparation B. The Owner shall reimburse the Landscape Architect on reasonable out -of- pocket expenses the Landscape Architect incurs of Services called for herein, as follows: $ 70.00 $ 42.00 $ 36.00 $ 28.00 $ 20.00 an actual basis for in the performance 1. Transportation. The Owner shall reimburse the Landscape Architect for reasonable expenses actually incurred by the Landscape Architect in transportation and travel in the performance of Services for the Owner. Travel expenses shall include coach air fare, meals, lodging, and vehicle expense in connection with trips requested and authorized by the Owner. Mileage shall be reimbursed at the rate of $0.35 /mile. 2. Long distance telephone calls, telegrams, postage and shipping costs. 3. Fees paid for securing approval of governmental agencies having jurisdiction over the Project(s). 4. Volume reproduction and handling of drawings and specifications, reports, or other work - related items produced by the Landscape Architect. 5. Outside consultants and subconsultants. The Owner shall reimburse the Landscape Architect for all actual costs and expenses of outside consultants and subconsultants. The Landscape Architect shall not be entitled to reimbursement for such third party services unless the Owner has previously approved both the outside consultant and /or subconsultant, and the specific amounts to be spent for such third party services. The Owner reserves the right to make direct payments to any such outside consultant or subconsultant for services performed where the Owner deems it appropriate. 6. Photo supplies and development, drawing enlargement, duplication and offset work. C. Non - reimbursable Costs All other costs and expenses incurred by the Landscape Architect not otherwise specifically compensated for above shall be deemed non - reimbursable costs and shall be borne by the Landscape Architect. D. Overtime No overtime rates shall be charged to the Owner by the Landscape Architect in the performance of any Services called for in this Agreement. In addition, the Landscape Architect shall obtain the same covenant from outside consultants and subconsultant hired by the Landscape Architect for which the Landscape Architect is entitled to reimbursement of services. APPENDIX C WORK RELEAS Agreement No. Work Release No. Landscape Architect: Work Release Title: Date: Landscape Architect's Job No.: Except as noted herein, all terms and conditions of this Agreement remain unchanged. 1. Description of Services to Be Performed: 2. Services Schedule: 3. Cmpensation: 4. Cost of Estimated Services: Hourly Rate The estimated cost of Services is . This estimate shall not be exceeded without prior written consent of Owner. The estimated amount for reimbursable cost is This estimate shall not be exceeded without prior written consent of Owner. L ump Sum The fixed fee for Services is $ . This estimated amount for reimbursable costs is $ THIS WORK RELEASE HAS BEEN REVIEWED AND ACCEP'T'ED BY: CITY OF PUEBLO BY: Title: DESIGN STUDIOS WEST, INC. By: Title: Date: Date: APPENDIX D ADDITIONAL EXTRA SERVICES It is anticipated at this time that the Owner may choose to expand the existing Scope of Services as provided in Appendix A to include the proposed work items as outlined below. If this work were to be released to Design Studios West, Inc. by the Owner, the Landscape Architect would utilize the hourly rates plus direct expenses which are included in Appendix B of this Agreement. Below is an outline of additional extra services which are not included as a part of this Agreement: EXTRA SERVICES A. District Graphics and Signage o Construction documents and specifications for a complete graphics package to include a district signage plan for locational, directional, and regulatory signage, and print graphics. Drawings will not address private property signage as part of this task. B. Transportation and Parking Study • Analysis of land use ordinances and potential development build out • Analysis of retail market study • On -site parking counts • Analysis of existing traffic counts and transportation plans • Development of parking projections by location • Identification of parking alternatives with appropriate vehicular and pedestrian connections and costs • Design program for selected alternative • Design detailing of selected alternative for input to Design Studios West, Inc. Contract Documents • Coordination with city agencies, client, and local landowners C. District Architectural Development Guidelines and Handbook • Develop historically appropriate architectural guidelines for the treatment of old buildings and new development on infill sites. This would be developed for each block face in the district as well as back -lot improvements • Analysis of land use ordinances • Recommendation of new ordinances to direct redevelopment • Development of a special district design review process, using the guidelines of the handbook as decision - making criteria • Example treatments of both new and old buildings to illustrate the impact and intent of the guidelines and building bulk, height, massing, fenestration, public connections, daylighting, facade treatment, exterior detailing, and coloration • Preparation of a well illustrated handbook for public distribution • Necessary coordination with the client, city agencies, and public D. Structural Engineer's Review of Buildings o On -site visual inspection of all building facades, foundations, and adjacent walkways to determine their susceptibility to damage during streetscape construction o Report by structural engineer indicating special protection or construction measures needed for each building during streetscape construction E. District Identity and Retail Development Program o Develop a district -wide logo and symbols for use on furniture, lighting, and signage and in common promotional materials by merchants and businesses o Establish a unified set of guidelines and examples for the retail portion of facades including materials, styles of product presentation, color treatments, display lighting, and storefront permanent and temporary signa.ge F. Additional Public Workshops and Presentations o Public workshops, presentations before the City, Historic District and public hearings shall be additional other than those specified in Appendix A. G. Implementation Planning o Provide consultation for development of funding (financing strategies for district development) o Preparation and presentation of plans, drawings, text and slides to assist in the soliciting of actual funds o Extra documents as needed to assist in the establishment of special districts o Consultation and /or coordination of other consultants in the establishment of an area -wide economic development program