HomeMy WebLinkAbout7029RESOLUTION NO.
7029
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE DESIGN FIRM OF DESIGN STUDIOS WEST AND
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
FOR PROFESSIONAL SERVICES FOR THE DESIGN OF
THE HISTORIC ARKANSAS RIVER PROJECT, AND
AUTHORIZING THE PRESIDENT OF THE COUNCIL
TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PUEBLO, COLORADO, that:
SECTION 1•
An agreement dated November 23, 1992, between the
design firm of Design Studios West, and the City of Pueblo, a
Municipal Corporation, to provide professional, architectural,
and /or engineering services in connection with Part One, Final
Program and Design Development for the Historic Arkansas River
Project, to be located within Downtown, Pueblo, Colorado, a copy
of which is attached hereto and incorporated herein, having been
approved as to form by the City Attorney, is hereby approved.
SECTION 2•
City funds for these services are available in Account
Numbers 144 - 1992 - 206 - 030 -20, $60,000, and 144 - 1992 -37- 040 -20,
$15,000.
SECTION 3•
The President of the City 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: November 23, 1992
COUNCIL PERSON
BY: SAMUEL CORSENTINO
APPROV D:
� 6
PRES ENT OF THE CITY COUNCIL
a 9205
PROFESSIONAL SERVICES AGREEMENT
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THIS AGREEMENT, entered into the day of , 1992, by and
between THE CITY OF PUEBLO, located at 211 East "D" Street, P.O. Box 1427, Pueblo,
Colorado 81003, hereinafter referred to as "OWNER" and DESIGN STUDIOS WEST, INC.,
located at 1425 Market Street, Suite 100, Denver, Colorado 80202, a Corporation, hereinafter
referred to as the "CONSULTANT ".
Consultant shall provide Master Planning Services for the Historic Arkansas River Park
Project, located in downtown Pueblo, Colorado.
The Owner and the Consultant agree as set forth below:
ARTICLE l: SERVICES
The Consultant shall represent the best interests of the Owner at all times. The Consultant
shall provide the Owner with project management, urban planning and master planning
services as specified in the attached Scope of Services (Appendix A), which is an integral part
of this Agreement. The Owner shall compensate the Consultant for services rendered and
expenses incurred under this Agreement as provided in the "Professional Fee" (Appendix B),
which is an integral part of this Agreement. Additional Services, if required by the Owner,
shall be provided by a Work Release (Appendix Q.
Consultant shall adhere to and comply with the provisions of Exhibit D , Compliance
Provision Incorporated in a Contract for Services, and Exhibit E, Certification, attached hereto
and incorporated herein.
ARTICLE 2: METHOD OF COMPENSATION
A. Consultant shall be compensated on an estimated percent complete basis of a fixed fee
of $35,450.00 in accordance with "Professional Fee" (Appendix B).
B. Owner shall be responsible for and pay all direct expenses of Consultant as described in
the Professional Fee Schedule attached and made part of this agreement. Direct
expenses shall not exceed $2200.00 unless approved in writing by owner prior to being
incurred by consultant. It is specifically understood that the Consultant shall be
compensated for all direct expenses and percentage completion of work on a monthly
basis.
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1. An accounting system using the accrual basis of generally accepted
accounting principles which accurately reflects all costs changeable (paid
& unpaid) to the project should the project terminate the next day is
mandatory. A receipts and disbursements ledger must be maintained. A
general ledger with an income and expense account for each budgeted line
item is necessary. Paid invoices revealing check number, date paid and
evidence of goods or services received are to be filed according to the
expense account they were charged. The City must review and approve your
account system and internal controls prior to the release of funds.
2. There is no flexibility on budgets. Line items may be changed only by the
City's written concurrence of a budget amendment.
3. A log listing all long distance telephone calls must be maintained
(showing date, city and agency called, person making call and person
called) .
4. Eligible expenses are those considered reasonable and necessary costs for
the efficient operation of the program as determined by the City. All
costs must be budgeted items. Requests for advance or reimbursements of
expenses must be accompanied by:
1. Original Invoice marked with funding source
2. Detailed listing of each expense showing:
a) recipient
b) brief description of purchase
c) amount with method of computation detailed
Cost Summary must be submitted on a monthly basis to reflect entries
through the closing date for the books (indicate Closing Date on Cost
Summary) .
5. All employees handling funds are required to be insured by a fidelity
bond.
6. The City shall not be obligated to any third parties of the contractor.
Each contractor is further cautioned against obligating funds beyond the
contract date of the agreement-between the City and the contractor.
(Example: rent or lease agreements, service contracts, insurance, etc.).
7. The contractor will furnish the City such statements, records, data and
information, and permit such interviews with personnel as the the City may
request in order to effectively monitor and evaluate the project.
8. City auditors will periodically make interim audits and may upon
completion of the project, make a final audit.
9. All records must be retained by the agency for a period of three years
following the last day of each contract. (Cost summary reports must
reflect actual general ledger balances.)
EXHIBIT E
CERTIFICATIONS
Subrecipient hereby certifies that the grant will be conducted and
in compliance with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 U.S.C.
2000d, et_ s�ge .) and implementing regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 - 284; 42
U.S.C. 3601, ,q sM.), as amended; and that the grantee will administer all
programs and activities related to housing and community development in a
manner to affirmatively further fair housing;
(3) Section 109 of the Hcusing and amity Development Act of 1974, as
wed; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as
amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and
12086, and implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and
inplementing regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 -112), as
amended, and implementing regulations when published for effect;
(8) r1he Age Discrimination Act of 1975 (Pub. L. 94 -135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition
requirements of Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, and the HUD implementing
regulations set forth in 24 CFR Part 42;
(10) Executive Oder 11988 relating to the evaluation of flood hazards
and Executive Order 11288 relating to the prevention, control and abatement
of water pollution;
(11) The flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection. Act of 1973 (Pub. L. 93 -234);
(12) r1he applicable regulations, policies, guidelines nes and requirements of
CHID Circular Nos. A -102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570,
A -87, A- 110, A- 122, A -128 and A -133 as they relate to the acceptance and use
of federal funds under this federally- assisted program;
(13) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly
section 176 (c) and (d) (42 U.S.C. 7506 (c) and (d)];
(14) HUD environmental criteria and standards (24 CFR Part 51,
Environmental Criteria and standards];
(15) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et.
seq., and 21 U.S.C. 349) as amended; particularly section 1424 (e) (42 U.S.C.
300 (h)-303(e));
(16) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) as
amended; including but not limited to section 7 (16 U.S.C. 1536) thereof;
(17) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1272 et. seq.) as
amended; particularly section 7 (b) and (c) (16 U.S.C. 1278 (b) and (c)];
(18) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et. seq.);
particularly section 3 (16 U.S.C. 469a -1); as amended by the Archeological
and Historical Preservation Act of 1974;
(19) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.) as
amended; particularly sections 102(a) and 202(a) (42 U.S.C. 4012a(a) and
4106(a)];
(20) Executive ogler 11990, Protection of Wetlands, May 24, 1977 (42 FR
26961 et. seq.); particularly sections 2 and 5;
(21) It will ccaply with the Lead -Based Paint Poisoning Prevention
requirements of 25 CFR Part 35 issued pursuant to the Lead - Based Paint
Poisoning Prevention Act (42 U.S.C. 4821 et. seq.);
(22) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et
seq.) as amended; parti cularly section 106 (16 U.S.C. 470f); and
(23) Executive Order 11593, Protection and Enhancement of the Cultural
May 13, 1971 (36 FR 8921 et. seq.); particularly section 2(c).
(24) Construction work financed in whole or in part with federal funds is
subject to the prevailing wage requirements of the Davis Bacon Act (29 CFR,
Parts 3 and 5), the Copeland Act (29 CFR Part 3), and the Contract Work Hours
and Safety Standards Act (Public Law 91 -54, 83 Stat. 96). Mien a project
meets this applicability requirement, the labor standards provisions of the
HUD 4010 and the Davis Bacon Wage Decision issued for the project will be
incorporated into this contract document and shall be incorporated into all
construction contracts and subcontracts of any tier thereunder.
(25) No CDBG funds may be expended for lobbying purposes and payments
from other sources for lobbying mast be disclosed 24 CFR Part 87.
(26) Caere asbestos is present in pr�ty Undergoing rehabilitation,
Federal requirements apply regarding worker wWosure, oment probes
and disposal. CPD -90 -44 EPA /OSHA-
Signs
Revised 4/7/92
CDBG Disk ,#2
" E xhibtb"
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APPENDIX C
WORK RELEASE
DATE:
CLIENT:
PROJECT:
ADDITIONAL WORK DESCRIPTION:
As described in attached Appendix F to Agreement between the City of Pueblo and Design
Studios West, Inc. (DSW) dated June 1, 1992 , including: Part One - Final
Program and Design Development Historic Arkansas River Project: Part Two - Final Design -
Historic Arkansas River Project and EDA Standard Terms and Conditions (Non - Construction
Projects). All applicable Agreement Terms and Conditions not inconsistent with Appendix F
are incorporated in Appendix F. All work under Appendix F shall conform and comply with
the Agreement and Appendix F terms and Provisions. Design Studios West will not
commence work under Appendix F until after receipt of written notice to proceed from City.
Fee and Expenses (Maximum): $75,000 Part One
$123,000 Part Two
Fee
Expenses
Subtotal
CHANGE TO THE EXISTING CONTRACT
Original Contract Total: $35,450
Part One $75,000
Part Two $123
NEW CONTRACT AMOUNT: $233,450
C -1
THIS WORK RELEASE HAS BEEN REVIEWED AND ACCEPTED BY:
THE CITY OF PUEBLO
By: /�
FAY KASTELIC
Title: PRESIDENT, PUEBLO CITY COUNCIL
DESIGN STUDIOS WEST, INC.
By:
Title: g�rt'r
Date: NOVEMBER 23, 1992
\ADMIN \CONTRACT \120391c.DOC
Date: - bj~ �r I C ' I pl.
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Appendix "F" to Professional Service Agreement dated June 1, , 1992,
between the City of Pueblo and Design Studios West.
PART ONE
Final Program and Design Development - Historic Arkansas River Project
Professional Scope of Work
Below is the scope of work to be completed during Part One of the Final Design. A
summary of professional fees for each consultant and an estimate of time to complete Part
One has been attached for your convenience.
1.0 Project Organization, Management and Control
The primary objective during project organization is to clearly delineate the goals and
objectives of the work effort. It is at this time that the overall structure of the project will
be determined. A schedule outlining the entire project will be established with key dates
identified for completed products.
During the development of the public involvement strategy it will be determined how to
most effectively integrate James Keeter into the design process, as well as to define the
proper method for citizen review and feedback for the final design. Case studies of other
cities with waterfront developments shall be reviewed and presented for the Task Force.
The historic and urban use of water and how it relates to areas, related cultural features
and recreation amenities shall also be reviewed.
Proper methods for providing an on -going public communications strategy shall also be
determined at this time. Some methods to be explored include radio, television, mailing
lists, posters and newspaper articles. Key dates will be established for City and Technical
Review during Part One. Specific assignments will be made at this time regarding project
management and control.
2.0 Existing Condition Survey
DSW shall coordinate and contract with a local surveying firm to prepare a detailed
existing conditions survey. The area of the survey shall be determined for two (2) specific
areas; 1) Project Area and 2) Project Influence Area. The project area shall require
extremely detailed sub - surface and surface improvements while the Project Influence Area
shall require less intense survey information. Both areas shall be required in Part One to
prepare final design documents. Please refer to the attached Exhibit 1.
Page 1
In order to obtain an accurate set of construction drawings the following information is
recommended to be included in the existing survey:
1. Legal boundary of the properties which may be affected by potential construction
and are within the project limits. All easements, vacations, rights -of -way, zoning and
property ownership shall be noted.
2. Flow arrows at all grade breaks
3. Establishment of permanent bench marks at each intersection within the project
boundaries at a. 0 1' accuracy
4. Establishment of a permanent base line.
5. All improvements as noted below drawn on the survey
Streets
Curb and gutter
• Flow lines
• Water channels and rivers by channel edge, depth and waterfront structures
• Sidewalks
• Alleyways
• All above ground and below ground utilities by size, location and spot
elevations
• Water lines with valve and/or master boxes, domestic service laterals
• Electrical (overhead and buried) by size, depth and height, meters,
transformers, poles
• Cable TV cable locations
• Telephone poles and lines (overhead and buried)
• Other overhead lines, wires, poles, freestanding signs, hanging signs from all
buildings, canopies, awnings or arcades
• Fire hydrants
Page 2
Street lighting
Fences, walls, retaining walls (including top and bottom spot elevations)
Vaults, coal chutes, including areas with structural walls showing depth, width
and exact location
Traffic control devices, signal lights, junction boxes, control boxes, including
the existing interconnecting system
All existing street furniture, benches, news boxes, flower boxes, plant materials,
etc.
Spot elevations at all tops and bottoms of curbs, building corners, retaining
walls, first floor levels of buildings, tops and thresholds showing a minimum of
two (2) spot elevations; ground elevation at the base of trees on site, and all
hard surface materials by type (concrete, asphalt, brick, etc.), which may be
affected by development.
Elevations shall be taken and shown on all breaks in grade, whether vertical as
in walls, or sloping. All elevations shall maintain an accuracy level at 0.1 foot
on the ground and 0.01 foot for all concrete curb, walls and all other manmade
features.
Elevations on established baseline or centerline shall be at the maximum
spacing of 50' -0" on- center. Elevations shall be given at 50' -0" intervals for all
lane lines, gutter, flow lines, top and back of curb, building and property lines
All encroachments (whether permitted or not.)
The above work elements should be prepared on reproducible mylar at a scale of 1" - 10'
or any ASCII format compatible with AutoCAD (version 11 or later). Multiple data
layers might be prepared which represent logical divisions of the data. Such data layers
may include: baselines, underground vaults, utilities, streetscape improvements and all
roadway, sidewalk and building improvements.
All site improvement survey work shall be certified for its accuracy and condition by a
licensed land surveyor in the State of Colorado.
Page 3
3.0 PROGRAM DEVELOPMENT
The objective of this element is to prepare a written program for the Historic Arkansas
River Project (HARP). This written program will integrate the information developed
during the HARP Concept Master Planning Process with the City's Overall Area
Development Plan (Item 5, Attachment A - Scope of Work, EDA 302(a) Planning Grant),
and the Tourism/Visitor market information and project/employment and economic
development opportunities identified by the City's economic consultant (Item 2,
Attachment A - Scope of Work, EDA 302 (a) Planning Grant). The Design Studios West
(DSW) project team will utilize the written program to prepare specific physical
requirements and economic development considerations for each element identified within
the program. Finally, the team will evaluate each program element with regard to its
compatibility with the general site criteria, each of the other program elements and
program linkages.
The technical issues previously identified shall play a key role in the program development
as will the relationships previously identified within the overall development plan,
including the location of the hotel and the convention center, Transit Plaza (bus transfer
station), etc. Of primary importance is the harmonious integration of the HARP project
and its individual program elements into the Downtown fabric.
Other important elements and relationships include:
- Parking (Public and Private)
- Utilities (Surface /Sub - Surface)
- Pedestrian Movement/Patterns
- Water Uses
- Regulatory compliance including coordination and review by the Colorado
Historical Society
- Environmental Considerations
- Economic Development Considerations (Prepared by City Consultant)
4.0 FINAL DESIGN DEVELOPMENT AND PRELIMINARY ENGINEERING
The overall objective of the final design for the HARP waterfront development area is to
delineate a phased approach toward developing a waterfront which capitalizes on the
natural amenities and economic development considerations and will meet the present and
future needs of the City of Pueblo. The final design and engineering will provide enough
information to allow the public to know exactly what they will be getting when the project
is built, and also to provide an accurate cost - estimate by phase.
A fair condition of work shall be completed during this phase, Part One, in order to allow
for technical review and to identify major subsurface demolition, clearing, replacement,
and burial and relocation of utilities and infrastructure. James Keeter shall have a
significant role in the final design, especially as it relates to waterfront design development
issues and details. A partial list of program elements, along with key design
considerations within these overall elements, are listed below. Part Two will further refine
and develop these elements:
A. Urban Design Development
Plazas
Street Crossing
Edge Conditions
Linkages
Page 4
Nodes
- Paving Patterns
Paving Materials
Open Space
B. Waterfront Design Development
- Edge Conditions
- Visual Access
- Physical Access
- Water Movement
C. Landscape Architecture
- Plant Materials
- Design Theme
- Planting Concepts
- Grading Schemes
- Demolition Plans
D. Infrastructure
- Utility Locations
- Underground Utilities
- Water
- Sewer
- Storm Sewer
- Gas
- Power
- Cable
Integration with Phased City Improvements
E. Economic Development
- Economic Development
- Commercial Recreation Uses
- Office Uses
- Retail Uses
- Market Based Housing
The final design plan will graphically depict the previously developed program statement.
A final graphic, identifying design elements, proposed improvements, location and the type
of materials, will be produced. Support graphics, including sections, perspectives and
other illustrative material, will be used as necessary to properly present the design.
DSW and other design team members will prepare a cost - estimate for the entire project
area. The estimates will explore the potential costs associated with the implementation of
the plan. The cost - estimates will be summarized in a spreadsheet form to allow for input
of more detailed cost - estimates and revisions as they become necessary.
5.0 Hydrology
During Phase One initial hydrological investigations and data collection shall be
performed. While this work element does not entirely cover the scope of work which will
be required, it will serve as an initial point of beginning for more detailed Part Two
hydrological impacts and investigation.
Page 5
Below is a preliminary outline of the Part One scope for hydrology:
Hydrologic baseline study
• existing channel dynamics
• basin analysis
• contribution drainage
flood section analysis
flood plain maps
categorize existing flood risks
legal water use /rights
6.0 Part One Summary Review
DSW shall prepare a technical memorandum at the conclusion of Part One which outlines
significant findings, constraints and design and economic development conclusions for the
HARP project. This technical memorandum shall be an interim review of progress to
date, technical issues and required action prior to proceeding to Part Two. Included in the
technical memorandum will be a very preliminary cost estimate.
Page 6
PART ONE
Final Design Historic Arkansas River Project
Professional Fees and Schedule of Completion
A. Lump -Sum Not to Exceed (Fees and Expenses Inclusive)
Task Description DSW Keeter Parking TOTAL
1.0 Project Management &
$3,000.00
$3,000.00
Control
2.0 Existing Conditions
$5,000.00
$25,000.00
$30.000.00
Survey (Budgeted)
3.0 Program Development
$4,000.00
$4,000.00
4.0 Final Design (30 %)
$24,000.00
$6,000.00
$30,000.00
5.0 Hydrology (25 %)
$5,000.00
$5,000.00
6.0 Technical
$3,000.00
$3,000.00
Memorandum #1
1
I
I
$39,000.00
-
1 $30,000.00
1 $6,000.00
—]
$75,000.00
B. Schedule of Completion
Upon written authorization to proceed DSW shall complete Part One within 90 to 120
days. More detailed scheduling, assignments and task identification shall be prepared
during Task 1.0 (Project Management and Control) as described herein. No work shall be
commenced under Part One before written authorization to proceed has been given by the
City.
Page 7
PART TWO
Final Design - Historic Arkansas River Project
Professional Scope of Work
1.0 Final Planning, Design and Preliminary Engineering
DSW in cooperation with Mr. James Keeter, shall continue to prepare final design plans
and drawings in order to establish realistic construction cost estimates and logical phasing
of construction. Based on the technical memorandum prepared at the conclusion of Part
One DSW shall continue to refine the final design layout and engineering components.
Elements would include;
A. Urban Design and Waterfront
Further layout and design of all plaza areas, streetscape improvements, walkways,
pavement areas, activity areas, etc. shall be prepared.
B. Specialty Areas
DSW shall further refine and detail specialty areas such as; West Plains Plaza, water
features, amphitheater, pedestrian promenade, Pikes Stockade, bridge location and
abutments, boat staging areas, etc.
C. Site Furnishings and Materials
DSW shall further identify and refine appropriate site furnishings and materials to be
used for the HARP project. Such furnishings would include;
Benches
Lighting
Kiosks
Signage
Paving materials
• Steps
Tree grates
ADA requirements
D. Infrastructure/Utility Coordination
DSW shall further identify the removal, replacement, and/or installation of appropriate
infrastructure for the proposed project. While DSW shall not prepare detailed utility
plan and profile, we shall identify utility location, capacity, condition and potential use
for the proposed improvements.
Page 8
E. Final Design Plan
The final design plan will bring together, in a graphic form, the previous phases of work.
A final graphic, identifying design elements, locations, and uses and proposed materials
will be produced. Support graphics, including sections; perspectives, and other illustrative
material, as necessary, will be used to properly present the design.
F. Cost Estimates
DSW and the other design team members will prepare a final construction cost estimate
for the entire project area. The estimates will explore the potential costs associated with
the implementation of the plan. The cost estimates will be summarized in a spreadsheet
form, to allow the input of more detailed cost estimates and revisions as they become
necessary.
G. Phasing
A phasing plan shall be prepared identifying potential areas that may be developed during
different phases of implementation. Phasing plans shall take into account construction
activity, cost savings that may be incorporated with phased improvements, transportation,
funding, and other issues that may have an impact on what improvements are constructed
at which phase.
H. Life Cycle Costs
Life cycle costs can be an important financial consideration for a project of this nature.
Maintenance considerations and guidelines need to be established which identify potential
levels of improvements and associated maintenance costs associated with them. DSW will
identify areas of concern, and potential costs of maintenance during the life of the project.
These and other long term costs associated with an on -going maintenance program will be
factored into the project.
I. Recommendations for Phase One Improvements
The final product of Part Two will include a recommendation for what should be the first
phase of improvements for the Historic Arkansas River Project. Design considerations,
traffic, circulation, parking, and market research shall be incorporated, as appropriate, in
making this recommendation. Please note that the City of Pueblo shall be responsible for
providing the economic, market analysis and financing aspects for the HARP project.
Page 9
Part Two Summary Review
DSW shall prepare a written technical memorandum which summarizes all the findings,
recommendations, phasing, cost estimates and technical reports prepared by other sub -
consultants into a summary technical memorandum. The technical memorandum shall
serve as the basis to proceed on to the construction documentation phase once the City of
Pueblo has determined a realistic source for funding for Phase One improvements.
2.0 Hydrology
DSW shall work closely with a hydrological engineering consultant to determine specific
final design issues related to water channel design, storage, use (re -use), drainage and
transfer. The final design phase shall require close communication and coordination
between consultant to insure a unified and functional design. The hydrological
engineering required in Part Two would include, but is not limited to, the following major
components;
1. Hydraulic Design and Engineering
• channel width
• channel geometry
• channel cross section
• bridge design
• runoff control
• channel reinforcement
• velocity dissipation
• siltation control
2. Assessment of Final Waterfront Improvements
• On- Site /Off -Site Drainage Improvements
• Storage, Retention and Wildlife Habitat
• Permitting and Regulatory Requirements
• Waterfront Features: Structures, Pumping, Re- Circulations, Water Quality
issues
• Cost Estimates (by Phase)
• Phasing
Plans, cross - sections, elevations and plan and profile drainages shall be prepared by the
hydrological consultant and shall be included in the packet of final design drainage. A
written "Hydrological Suitability" technical memorandum shall be prepared which
describes all water - related improvements and their associated cost.
Page 10
3.0 Geotechnical Investigation
In order to proceed with final design, the Consultant Team needs to understand what
conditions exist below the surface and what might be encountered during construction.
Soil type, sub - surface conditions, potential sub - surface gas storage tanks, toxic or
contaminated soils and unforeseen geologic conditions can greatly impact project
construction cost. By conducting a geotechnical investigation, DSW will have a better
understanding of design constraints and what construction and cost impacts will be. The
geotechnical investigation and report should address the following surface and subsurface
conditions:
1. Classification and physical properties of subsurface soils relative to suitability for
construction material, fill material and structural support surface improvement.
2. Depths to groundwater, bedrock and stratifications of differing soil and rock types.
3. The presence and extent if hazardous and/or toxic materials in the surface and
subsurface soils must be determined and reported.
4. Excavation, trenching, shoring, backfilling and construction quality control methods
should be presented in the report.
5. Foundation recommendations for small structures and walls.
6. General suitability of the soils encountered for support of major architectural
improvements such as commercial and residential buildings.
4.0 Parking, Circulation and Traffic
It is clear that the project as described in the Conceptual Master Plan will have a major
impact on the parking, circulation and traffic flow in downtown Pueblo. The technical
memorandum developed by Leigh, Scott & Cleary for the Conceptual Master Plan
addresses traffic and parking conditions, traffic distribution, and traffic impacts associated
with the general number associated with the Master Plan. Issues which need to be
addressed in more detail for Part Two shall include:
Traffic Analysis
• curb cuts and shopping access
street design volumes
turning volume demands
on and off street parking demands
• City of Pueblo design standards
shared parking opportunities
internal circulation option
traffic signage
Page 11
.
fire access
• emergency access
• street width requirements
• speed limitations
vehicle limitation
maintenance access
Union Avenue design constraint
alley parking
alley access to Union Avenue shops
Page 12
PART TWO
Final Design Historic Arkansas River Project
Professional Fees and Schedule of Completion
A. Lump -Sum Not to Exceed Expenses (Fees and Expenses Inclusive)
Task Description Parking DSW Keeter TOTAL
1.0 Final Design
$56,000.00
$24,000.00
$80,000.00
2.0 Geotechnical
$1,000.00
$7,000.00
$8,000.00
(Budgeted)
3.0 Hydrology
$3,000.00
$17,000.00
$20,000.00
4.0 Parking $13,000.00
$2,000.00
$15,000.00
$62,000.00
1 $24,000.00
1 $24,000.00 11
$123,000.00
. L $13,000.00
B. Schedule of Completion
Upon written authorization to proceed DSW shall complete Part Two within 120 to 150
days. More detailed scheduling, assignments and task identification shall be prepared
during Task 1.0 (Final Design) as described herein. No work shall be commenced under
Part Two before written authorization to proceed has been given by the City.
Page 13
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EXHIBIT ONE
AREA BOUNDARIES
IMMEDIATE PROJECT
PROJECT INFLUENCE a ®_
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C. Consultant shall submit to the Owner an invoice based on an estimate of percentage of
completion of the project for the preceding month. Such invoice shall define the
completion of portions of the "Scope of Work" (Appendix A). The Owner reserves
the right to require additional information from Consultant substantiating any and all
such compensation sought by Consultant before accepting the invoice. The Owner
shall compensate Consultant within thirty (30) days of receipt of an invoice or the
receipt of the latter's if additional information is requested by owner. When additional
information is requested the Owner shall so advise Consultant 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
before thirty (30) days after receipt or acceptance of an invoice (as outlined above)
shall bear interest at a rate of one percent (1 %) per month. Failure of Owner to pay
Consultant within forty -five (45) days after receipt and acceptance of Consultant's
invoice shall allow Consultant after giving seven (7) day's written notice to Owner, to
suspend services under this Agreement until all outstanding invoices which have been
received and accepted by the Owner have been paid in full to the Consultant.
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. In contracting with Consultant for professional services, the Owner warrants that funds
are available to compensate Consultant for the total amount of services and expenses
contracted for the services, and that these funds are neither encumbered nor contingent
upon subsequent granting of approvals, permits or financing commitments by lending
institutions or other third parties.
E. If the Project is suspended or abandoned in whole or in part for more than three (3)
months, the Consultant shall be compensated for all services performed and direct
expenses incurred prior to receipt of written notice from the Owner of such suspension
or abandonment. Owner may suspend or abandon the Project upon written notice to
Consultant. If the Project is resumed after being suspended for more than two (2)
months, the Consultant's compensation shall be equitably adjusted.
ARTICLE 3: DIRECT EXPENSES
A. Direct Expenses which are typical for the completion of the Scope of Services are
included in the "Professional Fee ". Such expenses are, by example, transportation,
telephone, delivery, xerographic reproduction, materials and supplies.
B. If the contract requires Consultant to incur specific costs not typical to the completion
of the Scope of Services, then Consultant will be reimbursed for those costs. Such
additional direct expenses shall be approved by the Owner prior to being incurred by
Consultant.
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C. No application fees, review fees or permit fees are included in the direct expenses.
The Owner shall pay all such fees.
ARTICLE 4: OWNER'S RESPONSIBILITIES
A. The Owner shall provide such information regarding its requirements for the Project as
the Owner and Consultant initially agree are necessary for the design of the Project.
The Owner shall provide a representative authorized to act in its behalf with respect to
the project and Project requirements rendering prompt decisions to avoid unreasonable
delay or duplication and to facilitate the execution of the Project.
B. The Owner shall provide a single representative authorized to act in its behalf with
respect to the Project and Project requirements rendering prompt decisions to avoid
unreasonable delay or duplication and to facilitate the execution of the Project.
The Owner's representative shall be responsible for reviewing and distributing
drawings, reports and other related documents for review at key junctures.
C. If the Owner becomes knows of any fault, defect, non - conformance, error or omission
with the Documents prepared by the Consultant, the authorized representative shall give
prompt notice thereof to the Consultant.
D. Any written approvals issued to the Consultant by the Owner as required in this
Agreement, and as required for reasonable progress of the Consultant's work shall be
presumptive evidence of the Owner's review and concurrence of the Project approach.
E. Timely review of plans and reports.
F. The information required by the paragraphs herein shall be furnished at no expense to
the Consultant, who shall be entitled to rely upon the accuracy thereto, except to the
extent the Consultant knows such information is inaccurate.
G. The Owner shall consult with the Consultant before issuing interpretations or
clarifications of the Consultant's Documents.
H. The Owner shall advise the Consultant 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.
I. The Owner's representative shall participate in and aid in the preparation for all
meetings with respect to the Project.
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If the Owner wishes to modify the scope of services as provided in this Agreement, the
Owner and the Consultant shall prepare an agreed upon work release and compensation
schedule. Please refer to Appendix C - Work Release. The Owner shall be responsible
for the coordination and timely processing of such work releases in a manner as to not
delay the Project Schedule.
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ARTICLE 5: ADDITIONAL OR EXPANDED SERVICES
If authorized in writing by the Owner, the Consultant shall furnish or obtain from other
consultants Additional or Expanded Services of the following types which are not considered
normal or customary proposed or anticipated at this time. The authorization of this work shall
be done via the work release as specified in Appendix C.
A. Program requirements that change substantially due to causes beyond the control of the
Consultant and after the completion and approval by the Owner of each phase of
drawings and text, requiring additional or substantive redesign or extra work time.
B. 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 final design and
construction drawing effort of 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. Meetings or presentations other than those specified in the Scope of Services. Serving
as expert witnesses in connection with public hearings, arbitration proceedings or legal
proceedings not involving disputes or litigation between the parties hereto.
F. Providing any other service not otherwise included in the Agreement which cannot be
anticipated at this time or is not customarily furnished in accordance with generally
accepted practice and requested by the Owner to fulfill a specific or unique project
program or design requirement developed during the planning process and not
identified in the Scope of Services.
ARTICLE 6: TERMINATION
Either party may terminate this contract, upon seven (7) days written notice. In the event that
this Agreement is terminated by the Owner through no fault of the Consultant, the Consultant
shall be paid for services actually performed prior to such termination, plus any direct
expenses then due the Consultant.
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ARTICLE 7: OWNERSHIP OF DOCUMENTS
Drawings, text and other documents as instruments of service are and shall remain the property
of the Owner whether the Project for which they are made is executed or not. Reproducible
copies shall be made available to the Owner.
ARTICLE 8: LITIGATION
In the event of litigation between the parties arising out of this agreement, the Court shall
award the prevailing party all costs and expenses of such litigation including reasonable
attorney and expert witness fees.
ARTICLE 9: SUCCESSORS
This Agreement is binding on both parties and their successors and assigns. Neither the
Owner or the Consultant shall assign, sublet or transfer his interest in this Agreement without
the written consent of the other.
ARTICLE 10: EXTENT OF AGREEMENT
This Agreement and its appendices represent the entire and integrated Agreement between the
Owner and the Consultant and supersedes all prior negotiations, representation or Agreements,
either written or oral. This Agreement may be amended only by written instrument signed by
both Owner and Consultant.
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ARTICLE 11: PROFESSIONAL LIABILITY INSURANCE
The Consultant shall secure and maintain in full force and effect a policy of professional
liability insurance in the amount of $500,000.00, providing coverage for any errors or
omissions by it occurring during the term of this Agreement. Owner shall be entitled to the
benefits of said insurance for any errors or omissions of Consultant. A copy of said insurance
policy shall be provided to Owner upon execution of this Agreement.
ARTICLE 12: PERIOD OF SERVICES
The provisions of this section and the professional fees outlined under "Professional Fee"
(Exhibit B) have been agreed to in anticipation of the orderly and continuous progress of the
PROJECT.
The Consultant will complete the phases of work in the following times:
Phase I
30 Days
Phase II
30 Days
Phase III
30 Days
Phase IV
21 Days
Phase V
45 Days
Phase VI
45 Days
It is understood by the OWNER and CONSULTANT that upon authorization to proceed the
CONSULTANT will make every effort to prepare the necessary plans, drawings, and related
documents as quickly as possible for each of these tasks. The schedule may be revised by
written mutual agreement of the OWNER and CONSULTANT.
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ARTICLE 13: ENTIRE AGREEMENT
This document with appendices and matters incorporated herein by reference constitutes the
entire agreement of the parties hereto and supersedes prior negotiations, representation or
agreements whether written or oral between parties. 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.
The parties hereto have executed this Agreement in duplicate effective the day and year first
above written.
CITY OF PUEBLO
By:
DESIGN STUDIOS WEST, INC.
By:
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APPENDIX A
SCOPE OF SERVICES
Historic Arkansas River Park Master Plan
Pueblo, Colorado
Phase I - Project Organization
During this initial phase, the project manager and other key consultant personnel will meet
with HARP Committee and City staff to determine the specific program and strategies
necessary for proceeding with the Historic Arkansas River Park master planning project.
These meetings will be carried out to ensure that the capabilities of City staff, consultants, and
other key groups and individuals are utilized to the best advantage of the project team.
During this phase the consultant- client team will clarify the project's goals and objectives,
develop a succinct timeline and schedule, and formulate a specific strategy for citizen and /or
committee review and input. If necessary, a City technical review team will be established to
review elements of the project as they are developed. It has been our experience that these
initial project organization sessions are critical to the success of the planning and design effort.
The perceptions of the involved parties as to the intent, application, and limitation of the
planning /design effort must be identified early in the process to ensure that the expectations of
all parties are realized in this project.
Considerations:
1. Summary report describing final strategies for citizen /merchant review and
technical review team input.
2. Outline of final work program
3. Chart illustrating schedule /timeline
Phase H - Inventory
During this phase, our design team shall prepare a data base of existing and available data for
use on the Historic Arkansas River Park project. This shall consist of a compilation of
existing data generated by the team. The data base shall be utilized by the planning team to
generate an analysis of the urban planning opportunities and constraints for the project area.
It will be at this point in time that an in depth analysis of the existing stream channel
hydraulics will be undertaken. This information shall be utilized to develop at the outset what
constraints we will be dealing with in the planning and design process. (By KLH Engineers)
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It is important to utilize existing information to minimize costs involved in this phase. In
addition, at this stage we shall be holding workshops with the merchants and affected citizens
to appraise them of the project and to gain insights as to the future of the various land parcels.
The following is a list of data base products we anticipate generating at this point in time.
Considerations:
1. Physical site inventory (existing and available)
• base maps
• visual criteria
• parking
• pedestrian routes
• vacant land
• existing vegetation
• river edge conditions
• existing vegetation
• stream water quality
• utility locations including storm sewer (compiled from existing data)
2. Cultural site inventory (maps and reports)
• existing land use (By City)
• HARP Concept Plan (October 1992)
• property ownership (by City)
• historic character (By City)
3. Hydrology baseline study (by KLH Engineers)
• existing channel dynamics
• basin analysis
• contribution drainage
• flood section analysis
• flood plain maps
• categorize existing flood risks
4. Merchant workshop
• one group workshop with all merchants
• traffic concerns
• parking concerns
• river relationships
• landscape priorities
• goals and objectives
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Phase III - Analysis
During the analysis phase, the team shall organize and classify the various planning
opportunities and constraints in the project area. We shall hold a work session with City staff
and the HARP Committee to fully develop a list of physical, economic and aesthetic
parameters for the project. These parameters will form the basis for developing the program
for the project. This is an important phase of the project. The team and staff must quickly
and accurately define the realistic limits of the project. Before any design can be done, a
program must be developed which reflects the honest realities of public sentiment, private
redevelopment, property ownership, flood considerations, parking feasibility, cost magnitude,
aesthetic quality and pedestrian life.
The following is a list of products which shall be developed during this phase.
Considerations:
1. Traffic analysis (maps and reports) by the City of Pueblo and Leigh, Scott &
Cleary. The City shall be responsible for gathering the necessary information.
Leigh, Scott & Cleary shall be responsible for analyzing data and providing the
final traffic and parking analysis
• curb cuts and shopping access
• on street parking demands
• off - street parking demands
• shared parking opportunities
• internal circulation options
• service access
• traffic signage
• fire access
• emergency access
• street width requirements
• speed limitations
• vehicle limitations
• maintenance access
2. Pedestrian circulation /activity areas
• pedestrian demand routes
• event gathering areas
• river edge access
• pedestrian focal points
3. Urban design opportunity areas
• river orientations
• integration with project area edges
• public /private development opportunities
4. Aesthetic opportunities and constraints
• architectural opportunities /constraints
• facade redevelopments
• existing natural feature opportunities
• landscape opportunity areas
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5. DSW to coordinate hydraulic considerations (work done by KLH)
• channel widths
• channel geometry
• channel "X" section
• runoff control
• channel reinforcement
• velocity dissipation
• siltation control
• Corps of Engineers Permits
6. Merchant workshop
• a workshop with merchants will be held to summarize redevelopment
opportunities
Phase IV - Program Development
The objective of this phase will be to specifically define the land use and circulation elements
that are appropriate. The graphics that are prepared for the analysis phase will be utilized in
workshops with the public. These workshops shall be utilized to determine the goals and
objectives for the HARP area. The elements to be determined will be the following:
• new development and redevelopment philosophy; elements and magnitude
land use type of site
• types and quantities of public facilities and amenities
• public pedestrian access philosophy and objectives
• stream character
These elements shall form the program structure for development of the concept plan
alternatives.
Considerations:
Written summary of workshop conclusions.
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Phase V - Riverfront Design Concept Development
The team shall prepare two alternative riverfront design concept plans. These plans shall both
respect the functional design structure of the downtown. Each, however, shall emphasize a
difference in aesthetic design approach within the general . context of the existing streetscape
palettes. These designs shall show specific landscape design detail (color, materials, etc.) to a
level of refinement that the built product could be perceived. Workshops with City staff shall
be utilized to generate these concepts. A public meeting shall be held to select the preferred
alternative. James Keeter shall be involved in the development of the concept plan and shall
participate in the public workshop.
In addition to preparing the two (2) schematic alternatives, Art Anderson shall review each
alternative and critically comment on the market and financial feasibility of each. This market
and economic analysis shall be based solely on existing and available data but shall provide
critical input and direction on economic redevelopment strategies. Mr. Anderson is a
specialist in downtown development funding strategies, and market feasibility analysis, and
will be directly responsible for this effort.
Considerations:
1. One (1) Urban Context Plan at appropriate scale
2. Two (2) alternative plans
3. Supportive schematic sections, perspectives, and details as appropriate.
4. Preliminary Cost estimates.
Phase VI - Final Riverfront Design
Once the preferred alternative has been selected, the team shall prepare a final riverfront
master plan. The final plan shall reflect all changes made necessary by the public meetings
and staff input. The rendered plan shall be accompanied by preliminary cost estimates.
Included within this phase shall be the implementation strategy, and funding strategies for
improvements. James Keeter and Art Anderson shall be involved in the final riverfront design
and products.
Considerations:
1. Rendered site plan at appropriate scale.
2. Sections
3. Perspectives
4. Plan view details.
5. Concept details as needed.
6. Preliminary cost estimate
7. Identification of phasing options
8. Implementation Strategy
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9. Sources of funding for project by phase
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APPENDIX B
PROFESSIONAL FEES
Historic Arkansas River Park Master Plan
Pueblo, Colorado
A. Fees
Below is an outline of Professional Fees for the scope of work described herein. Professional
fees have been based on man hour allocations by task. While these fees are preliminary, they
are lump -sum not to exceed amounts.
Phase
Description
Cost
I
Project Organization
$ 1,050
II
Inventory
1,000
III
Analysis
4,300
IV
Program Development
1,400
V
Riverfront Design Concept Development
13,000
VI
Final Riverfront Design
15,500
Sub -total $36,250
Reimbursable Expenses Not to Exceed
TOTAL FEES
2,200
$38,450
Within the above fees, the following consultants will be included in the team at no additional
costs to Owner.
(With dollar amounts including direct expenses)
DSW $24,700 Total
Art Anderson $ 3,000
Leigh, Scott & Cleary 4,500
James Keeter 6,250
Total $13,750 $24,700 $38,450
PROFESSIONAL FEE SCHEDULE
The Owner shall compensate Consultant for the Scope of Services in an amount not to exceed
$38, 450 in the following manner:
On an estimated percentage of completion for the Consultant's primary services and on an
hourly fee basis for Consultant's Additional and Expanded services based upon the following
hourly rates. These hourly rates shall be considered as fixed for one calendar year from the
date of the Agreement.
Professional Fee Schedule:
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 -in- Charge Project Administration, Management and $85.00
Control
Project Manager Project Design, Technical Review and $60.00
Communications
Professional Engineer/ Engineering Design, Calculations and $55.00
Senior Landscape Architect Certification of Drawings and Specifications
Civil Engineer/ Analysis, Review, Site Observation and $50.00
Landcape Architect Documentation
Project Planner Master Planning, Design, Site Analysis $46.00
and Designer and Inventory, Construction Documents,
Graphics, and Specifications
Technician Base Mapping, Design Detailing, $36.00
Construction Detailing, and Graphics
Engineering and CADD Technical Drafting, Preliminary $32.00
Technician Engineering Calculations,
Materials and Quantity Estimates,
Computer Operations and Surveying
Clerical Word Processing, Report and $28.00
Specification Preparation,
and Invoice Documentation
MW
B. Exclusions
DSW shall provide all professional services necessary to complete the HARP Master
Plan, including; planning, urban design, landscape architecture, graphics, public
involvement, illustration, funding strategies and traffic engineering. DSW shall not
provide as a part of this work effort expertise or consultants in the following areas;
legal, economics, marketing, surveying, architecture, civil engineering, geotechnical
and public bonding /special district formation. All special consultants not included in
Appendix B shall be retained by the City of Pueblo, separate and aside from the
professional fee outlined in Appendix B.
C. Direct Expenses
The Owner shall reimburse DSW for all direct expenses listed below at cost, plus 10%
for administration and handling, not to exceed $2,220.00, maximum $2,200.00 unless
authorized inwriting by City. .
1. Transportation. The Owner shall reimburse DSW for reasonable expenses
actually incurred by DSW 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, special delivery, messenger services,
facsimile transmissions, 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 DSW.
5. Outside consultants and subconsultants. The Owner shall reimburse DSW for
all actual costs and expenses plus 15 % for outside consultants and subconsultant
services. Such special consultants which may be required would include;
geotechnical, surveying, legal, economic, structural, and hydrologic. DSW
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.
All other costs and expenses incurred by DSW not otherwise specifically compensated
for above shall be deemed non - reimbursable costs and shall be borne by DSW.
No overtime rates shall be charged to the Owner by DSW in the performance of any
services called for in this Agreement. In addition, DSW shall obtain the same covenant
:?
from outside consultants and subconsultant hired by DSW for which DSW is entitled to
reimbursement of services.
D. Method of Compensation
1. Design Studios West, Inc. (DSW) shall be compensated on an hourly basis in
accordance with the hourly rates contained in the "Professional Fee Schedule ".
2. Owner shall be responsible for and pay all direct expenses of DSW as contained
in the Schedule of Fees attached and made part of this agreement, in addition to
and separate from the professional fee.
3. DSW shall submit to the Owner a detailed invoice for all time and direct
expenses spent in the performance of services by DSW for the preceding month.
Such invoice shall itemize all DSW's time and expenses for that project.
4. In contracting with DSW for professional services, the Owner warrants that
funds are available to compensate DSW for the total amount of services and
expertises contracted, and that these funds are neither encumbered nor
contingent upon subsequent grating of approvals, permits or financing
commitments by lending institutions or other third parties.
.,