HomeMy WebLinkAbout7364RESOLUTION NO. 7364
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
DESIGN STUDIOS WEST, INC., AND THE CITY OF PUEBLO
FOR PROFESSIONAL SERVICES IN CONJUNCTION WITH THE
HISTORIC ARKANSAS RIVER PROJECT (HARP) FINAL DESIGN
AND ENGINEERING TASK I, HOTEL /CONVENTION LINKAGE
STUDY AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PUEBLO, COLORADO, that:
SECTION 1•
An agreement dated April 12, 1994, a copy of which is
on file at the office of the City Clerk and made a part hereof
by reference, after having been approved as to form by the City
Attorney, by and between Pueblo, a Municipal Corporation, and
Design Studios West, Inc., is hereby approved.
SECTION 2•
City funds for these services are available in Account
No. 04 -1994- 400 -0 -40 -6660.
SECTION 3•
The President of the City Council is hereby authorized
to execute said Agreement on behalf of Pueblo, a Municipal
Corporation, and the City Clerk shall affix the Seal of the City
thereto and attest the same.
INTRODUCED: April 25, 1994
S AMURT. C0RqFNTTNQ
COJ11TCIL PEI-2SOV
APPROVED: Q
— 4�
E IDENT OF THE CITY COUNCIL
ATTEST
I �
CITY CLERK
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREENURgT (THIS "AGREEMENT "), entered into this day of
April 12, 1994, by and between THE C TY 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 Colorado Corporation, hereinafter referred to as the "CONSULTANT ".
Pursuant to the terms of this Agreement, the Consultant shall provide professional
services necessary to complete the work items described in Appendix A attached hereto
and incorporated herein by this reference.
The Owner and the Consultant agree as set forth below:
ARTICLE 1: SERVICES
The Consultant shall provide the Owner with project management, planning,
engineering and landscape architectural services, as specified in the scope of services
attached as Appendix A. The Owner shall compensate the Consultant for services
rendered and expenses incurred under this Agreement as provided in Appendix B
attached hereto and incorporated herein by this reference. Additional Services, if
required by the Owner, shall be provided by a Work Release in the form attached
hereto as Appendix C. 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. In consideration of the services provided by the Consultant hereunder, the
Consultant shall be compensated on an estimated percent complete basis of a
fixed fee of $27,000 in accordance with the Professional Fee (Appendix B). The
fixed fee includes all sub - consultants, project - related direct expenses, and
contingencies necessary to complete the work described in Appendix A hereto.
B. Payments to the Consultant for services rendered hereunder shall be made
monthly, utilizing the following invoicing method:
The Consultant shall submit to the Owner an invoice based on an estimate of the
percentage of the project completed during the preceding month. Such invoice
shall provide a description of the portion of the scope of work described in
Appendix A completed by the Consultant during the preceding month. The
Owner reserves the right to require additional information from the Consultant
reasonably required by the Owner to substantiate any and all such
compensation sought by the Consultant before accepting the invoice. The
Owner shall pay the invoice within fifteen (15) days of receipt of such invoice.
C. In contracting with the Consultant for professional services, the Owner warrants
that funds are available to compensate the Consultant for the total amount of
services and expenses contracted for hereunder 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.
D. If the project is suspended or abandoned 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. The Owner may suspend or abandon the project upon written
notice to the Consultant. The Consultant shall not be required to continue to
provide any services hereunder in the event the project is abandoned for more
than three (3) months or the Consultant receives a written notice from the
Owner suspending or abandoning the project. 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
described in Appendix A hereto are included in the "Professional Fee" as "Direct
Expenses ". Such expenses are, by example but not a limitation, transportation,
telephone, delivery, xerographic reproduction, materials and supplies.
B. If the Consultant is required to incur specific costs not typical for the completion
of the scope of services described in Appendix A hereto, then the Consultant
shall be reimbursed for those costs. Such additional direct expenses shall be
approved by the Owner in writing prior to being incurred by the Consultant.
C. No application fees, review fees or permit fees are included in the direct
expenses. The Owner shall pay all such fees except a business license fee, which
shall be paid by the Consultant.
ARTICLE 4: OWNER'S RESPONSIBILITIES
A. The Owner shall provide such information regarding its requirements for the
project as the Owner and the 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 any project requirements,
including, without limitation, all approvals required in connection with the
completion of the project. Such representative shall render prompt decisions to
avoid unreasonable delay or duplication and to facilitate the completion 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. For
the purposes of this Agreement, anything delivered to the representative,
whether for approval by the Owner or otherwise, shall be deemed to have been
received by the Owner.
contract \pueblo.doc Page 2
B. If the Owner has actual knowledge of any fault, defect, non - conformance, error
or omission with the documents prepared by the Consultant, the authorized
representative shall give prompt written notice thereof to the Consultant.
C. Any written approvals issued to the Consultant by the Owner or its
representative 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.
D. Timely review of plans and reports submitted by the Consultant to the Owner
for approval must be made in a period not exceeding seven (7) working days
after the Owner's receipt of such data. If the Owner or its representative fails to
respond in such seven -day period, all such plans and reports delivered to the
Owner shall be deemed approved.
E. 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
thereof, except to the extent the Consultant knows such information is
inaccurate.
F. The Owner shall consult with the Consultant before issuing interpretations or
clarifications of the Consultant's documents.
G. 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.
H. The Owner's representative shall participate in and aid in the preparation for all
meetings with respect to the project.
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.
contract \pueblo.doc Page 3
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, or which are not proposed or anticipated at this time.
A. Program requirements that change substantially requiring additional or
substantive redesign or extra work time due to causes beyond the control of the
Consultant and which occur after the completion and approval by the Owner of
each phase of drawings and text.
B. Services of special consultants not identified in the scope of services attached as
Appendix A.
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
attached as Appendix A. 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 this Agreement which
cannot be anticipated at this time or is not customarily furnished in accordance
with generally accepted practice and which is 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 attached as
Appendix A. The authorization for this type of work shall be completed
pursuant to the Work Release as specified in Appendix C.
ARTICLE 6: TERMINATION
Either party may terminate this contract upon seven (7) days written notice to the other
party. 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.
contract \pueblo.doc Page 4
ARTICLE 7: OWNERSHIP OF DOCUMENTS
Drawings, text and other documents prepared by Consultants are and shall remain the
property of the Owner whether the project for which they are made is completed or not.
The Consultant shall have the use of products for promotional purposes and/ or to
demonstrate experience related to the project. Reproducible copies shall be made
available to the Owner by the Consultant at no cost to the Owner.
ARTICLE 8: LITIGATION
In the event of litigation between the parties arising out of this Agreement, the
prevailing party shall be entitled to recover all of its 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 nor the Consultant shall assign, subcontract, or transfer its interest in this
Agreement without the prior 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,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both the Owner and the Consultant.
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. The Owner shall be
added as an additional insured to the policy. A copy of such insurance policy or a
kinder reflecting the terms of such policy shall be provided to the Owner upon
execution of this Agreement.
ARTICLE 12: PERIOD OF SERVICES
It is understood by the Owner and the 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 for
completion of such services may be revised by written mutual agreement of the Owner
and the Consultant.
contract \pueblo.doc Page 5
ARTICLE 13: GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Colorado. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, and all of which, when taken together, shall
constitute one and the same agreement.
The parties hereto have executed this Agreement in duplicate effective the day and year
first above written.
ARTICLE 14: CONSULTANT STATUS
The parties understand and agree that the Consultant is an independent contractor and
not an agent of the Owner for all services performed under the terms and conditions of
this Agreement. This Agreement shall not restrict the Consultant from entering into
other agreements to provide services as described herein and to retain all of the income
therefrom.
CITY OF PUEBLO
B y :
O ' CE L AwxENcE, PRESIDENT
UEBLo Cmc Co UNciL
Date:
DF
By
Date: • 1 1"�
Attested By 4 "jve J Attested By:
A NDREw W. BUSH
Title: VICE P RESIDENT
Date: Date: t - r, - 14 ,
contract \pueblo.doc Page 6
APPENDIX A
SCOPE OF SERVICES
A. Introduction
The project area for the proposed scope of work described therein is generally described as
that area bounded to the North of Elizabeth Street, West of Mechanic, East of Central Main
Street and South of First Street. Consultant is directed to prepare a study of the area
described above and otherwise referred to as the Hotel/ Convention site. The study to be
prepared by Consultant is intended to guide the City of Pueblo in permitting and
coordinating future public and private sector improvements.
B. Scope of Work
For consideration of the mutually agreed fee, Consultant hereby agrees to perform the
following scope of services:
1. Preparation of a project area base map which clearly illustrates property ownership,
utilities, land use and zoning. Other site features shall be noted accordingly.
2. Consultant shall prepare a preliminary site design for the subject site which connects
the Historic Arkansas River Project (HARP) area to the proposed City
Hotel/ Convention site.
Specifically, DSW shall coordinate with the City of Pueblo, the HARP Commission,
Pueblo Urban Renewal Authority, the selected hotel development team and other
special interest groups in order that a preliminary site design is mutually agreed to and
which reflects the goals and objectives of all affected parties. Elements of this site
planning study shall include, but not be limited to:
a. Examine the hydrologic implications of connecting the proposed HARP
waterway with the proposed Hotel/ Convention site.
b. Examine land development alternatives for the property between HARP and the
proposed Hotel/ Convention site.
c. Examine the pedestrian, vehicular and service access alternatives which
connect /link HARP to the proposed Hotel /Convention site.
d. Examine the potential public and private sector commitments which would be
required to successfully plan, design and construct the various alternatives
described above.
scopes\ pueblo4.doc
The intent of the HARP/ Hotel linkage study is not to prepare detailed site development
plan, cross - sections and improvement details. Rather, the intent of the study is to
prepare an analysis of the various site improvements which are complementary to both
the HARP project and to the proposed Hotel/ Convention complex. Upon completion
of this study, more detailed site planning, engineering, architectural studies and site
details can be pursued. The objective is to produce a thoughtful site development
scheme which is functional (technically feasible) and which is supported by all
concerned parties.
3. Consultant shall work primarily with the HARP Commission and meet, as necessary,
with representatives of the Hotel/ Convention complex and representatives of the City.
DSW shall act as the prime consultant for this scope of work and would retain special
consultants (survey and hydrology) to complete the proposed scope of work.
Architectural, structural, electrical, geotechnical, economic and other special consultants
are not included as an integral part of this scope of work.
4. Consultant shall not prepare or propose any site development plan improvements
within the area of the proposed Hotel/ Convention Complex unless first approved by
the Urban Renewal Authority.
C. Schedule
Upon execution of the Agreement, Consultant shall require between 45 to 60 days to
complete the scope of work described herein.
scopes \puebloCdoc PAGE 2
APPENDIX B
PROFESSIONAL FEE SCHEDULE
The Owner shall compensate Consultant for the Scope of Services in the following manner:
On an estimated percentage of completion for a fixed for of $27,000 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. The fixed fee of $27,000 includes all professional
fees and associated direct expenses.
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
$ 95.00
Control
Project Manager
Project Design, Technical Review and
75.00
Communications
Professional Engineer
Engineering Design, Calculations and
60.00
Certification of Drawings and Specifications
Project Planner and
Master Planning, Design, Site Analysis and
45.00
Designer
Inventory, Construction Documents,
Graphics, and Specifications
Technician
Base Mapping, Design Detailing,
40.00
Construction Detailing, and Graphics
Clerical
Word Processing, Report and Specification
25.00
Preparation, and Invoice Documentation
B -1
APPENDIX C
WORK RELEASE
The undersigned agree that additional work must be completed as an integral part of
the work scope outlined in Appendix A - Scope of Work of this Agreement. As
provided under Article 5: Additional or Expanded Services, the Owner has authorized
additional work for the Consultant as provided below:
A. Description of Additional Work:
B. Work shall be performed by:
C. List of additional work:
D. Schedule of completion shall be:
E. Compensation:
1994\ pueb -c.doc C-1
F. Other terms and conditions:
Approved and Accepted:
CITY OF PUEBLO
un
Title:
DESIGN STUDIOS WEST, INC.
By:
DONALD H. BRANDES, JR.
PRESIDENT
Date:
Attested By:
T
Date:
Date:
Attested By:
ANDREW W. BUSH
VICE PRESIDENT
Date:
1994 \pueb -c.doc C-Z
APPENDIX D
COMPLIANCE PROVISIONS INCORPORATED
IN A CONTRACT FOR SERVICES
An accounting system using the accrual basis of generally accepted accounting principles
which accurately reflects all costs chargeable (paid and 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 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:
a. Original Invoice marked with funding source
b. Detailed listing of each expense showing:
1) recipient
2) brief description of purchase
3) 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.
The City shall not be obligated to and 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 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.)
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APPENDIX E
CERTIFICATIONS
Subrecipient hereby certifies that the grant will be conducted and administered in compliance
with:
1. Tittle VI of the Civil Rights Act of 1964 (Pub. L. 88- 352; 42 U.S.C. 2000d, et seq .) and
implementing regulations issued at 24 CFR Part I;
2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90- 284; 42 U.S.C. 3601, et seq.), 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 Housing and Community Development Act of 1974, as amended; 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 implementing
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. The 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 Order 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. The applicable regulations, policies, guidelines and requirements of OMB 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;
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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)0];
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 order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. seq.);
particularly sections 2 and 5;
21. It will comply 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;
particularly section 106 (16 U.S.C. 470f); and
23. Executive Order 11593, Protection and Enhancement of the Cultural Environment, 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). When 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.
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25. No CDBG funds may be expended for lobbying purposes and payments from other
sources for lobbying must be disclosed 24 CFR Part 87.
26. Where asbestos is present in property undergoing rehabilitation, Federal requirements
apply regarding worker exposure, abatement procedures and disposal. CPD -90-44
EPA/ OSHA.
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