HomeMy WebLinkAbout7422RESOLUTION NO. 7422
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 II, HARP
ENVIRONMENTAL ASSESSMENT, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SECTION 1
An agreement dated June 6, 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
These services shall be paid from 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.
ATTESTED BY:
CITY CLER
l
INTRODUCED: JULY 11, 1994
BY: SAMUEL CORSENTINO
COUNCIL PERSON
APPROVED:
O JAI� La.0-0��
YEStbENT OF THE CITY COUNCIL
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (THIS "AGREEMENT "), entered into this day of Y
1994, 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
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 a time and materials expended basis, not to exceed $50,000 in
accordance with the Professional Fee (Appendix B). The 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 time, materials and
consultants fees expeneded 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.
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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.
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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 exceedin& 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.
I. 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, 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 Professional Fee Schedule attached
as Appendix B.
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.
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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.
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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
DESIGN STUDIOS WEST, INC.
By: By:
J LAWRENCE, PRESIDENT DONALD d. BRANDES, JR.
PUEBLO CITY COUNCIL PRESIDENT
Date: �Zz
Attested By:
Title: , G Ty C GER
Date: g'lq q
Da
M
VICE PRESIDENT / FF V- Date:
co9417.doc PAGE 6
SCOPE OF WORK
ENVIRONMENTAL REVIEW RECORD
for the
HISTORIC ARKANSAS RIVER PROJECT (HARP)
A project for the City of Pueblo Department of Planning and Community Development
for the release of Economic Development Funds,
and
for the Pueblo Department of Housing and Community Services for the release of funds
under Title I of the United States Housing and Community Development Act of 1974,
and
for the Colorado Department of Transportation for the release of funds
under the Intermodal Surface Transportation Efficiency Act.
Project Number: CDBG, CDOT, and EDA Funding
Project Title: Historic Arkansas River Project (HARP)
Project Location: Central Downtown, Pueblo Colorado
Contact Person: Donald H. Brandes, Design Studios West, Inc.
Compiled under the provisions of HUD Environmental Review Procedures
for Title I Community Development Block Grant Programs, 24 C.F.R. Part 58
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APPENDIX A
SCOPE OF WORK
Design Studios West, Inc. of Denver, Colorado will prepare an Environmental Review Record
meeting requirements for a Section 108 Loan Guarantee for the Historic Arkansas River Project
(HARP). The Record will also fulfill and meet the Environmental Review requirements for
receiving funds from the Colorado Department of Transportation and the U.S. Economic
Development Administration. An Environmental Assessment will be prepared to meet the
requirements of 24 CFR Part 58. Environmental conditions•and mitigation methods will be
assessed for each of the HARP's activities in the form of a matrix. The matrix will include a
checklist of potentially impacted environmental characteristics. The entire HARP project will
be assessed, as stipulated by 24 CFR Part 58.32, project aggregation. It is not anticipated that
an Environmental Impact Statement will be necessary for the HARP because no adverse,
significant environmental impacts are anticipated. However, in the event that the process of
the Environmental Assessment should present information which indicates that an
Environmental Impact Statement will be required, DSW shall inform the City of the condition
and work on the Environmental Assessment will stop at that time. The Consultant will be paid
for time, materials, expenses and subconsultants fees expended to that point.
Included in the assessment will be the following HARP project activities in which major
construction is involved:
Historic Arkansas River Channel Development
• Lake Elizabeth, West Plains Plaza and Waterfront Promenade Development
• Residential Development - between the realigned Elizabeth Street and Lake Elizabeth
• Victoria Street Water Drop and Boat Turn- Around Development
• Riverfront Plaza Area Development
• Convention Center Canal Development
• Natural Channel Restoration
• Elizabeth Street Realignment
• Union Avenue Historic Bridge Relocation
• Construction of Main Street Bridge
• Lou Rhodes Parkway Development
• Off -site, Satellite Parking Area Development
• Storm Drainage Reconstruction
• Bikepath Construction
Each of the above activities are described in detail in the HARP Technical Memorandum, Final
Design Summary Report, dated September 21, 1993. There is also a forty percent design
package which includes demolition, layout and grading of all proposed improvements.
Preliminary hydrologic and hydraulic engineering reports have been completed addressing
open channel design and urban storm drainage systems. The Pueblo Board of Water Works
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has conducted extensive water rights investigations and modeling regarding the use of waters
diverted from the Arkansas River. These and other previously completed graphics and reports
will be used to provide information to those needing to access environmental impacts.
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RECOMMENDED ENVIRONMENTAL ASSESSMENT PROCESS
1 1. Define action I
2 Develop alternatives
1
_
1
3. Identify activities required
1
1
1
1
1
4. Define attributes affected
•�
1
1
1
1
1
1
S. Solicit public concerns
1
1
1
1
1
1
�
6. Reevaluate areas of study
j
1
1
1
7. Evaluate environmental impact
1
1
1
1
S. S ummarize impacts
1
1
1
9. Review alternatives
••
10. Analyze findings
a. Significant impact?
b. Controversial aspects?
11. Prepare assessment document
12 Review and process document
Sourcr. Jain. et.al. Enobmwntat Asswwnt, pg.464.
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A -4
DOCUMENT ORGANIZATION
The Environmental Review Record will be comprised of nine sections, beginning with an
Introduction, which will detail a Statement of Process and Environmental Factor Rating
System Status of Environmental Analysis. Subsequently, a section will be devoted to a
detailed Project Description, Location, and Budget. The budget includes an analysis of
the proposed sources and use of funds.
The third section of the document will examine Environmental Conditions and Trends for
the project area. A subsection on Land Development will address local and regional plans,
zoning, compatibility and urban impact, building codes, slope, terrain, erosion and drainage,
geology, hazardous substances or materials, other hazards and nuisances, soil suitability,
airport and runway clear zones, noise, site plan and safety, site access, energy consumption,
and public right -of -way.
A subsection on Socioeconomics will provide detailed characteristics from the 1990 Census of
Pueblo's population, including breakdowns by age, sex, income, race, educational attainment,
and disabilities. A further presentation of 1990 Census data will include housing and labor
force characteristics. Land use, displacement, neighborhood issues and effects on current
population levels and character will be discussed.
In addition, a subsection on Community Facilities and Services will address the subjects of
schools, development of retail / commercial business, and recreation / open space,
accommodation of emergency vehicles for health and safety issues, transportation, water
supply, sanitary sewer, solid waste, storm water, public utilities, police and crime, fire, social
services, and finally, handicap accessibility.
A fourth subsection will describe the Natural Environment, including climate, atmospheric
conditions, air quality, streams and lakes, wild and scenic rivers, ground water, floodplains,
wetlands, coastal areas and barriers, sole source aquifers, compliance with the Clean Water Act,
unique natural features, plant and animal life, endangered species, energy resources,
farmlands protection, and hazardous waste.
A fifth subsection on Culture and Aesthetics will address historical resources, cultural
resources, archaeological resources, building design, landscape design, diversity, and
compatibility in use and scale.
The fourth section of the Environmental Review Record will be an Environmental
Assessment Checklist. The checklist will consist of ratings assigned to each of the above
factors mentioned for each subsection. Each factor's rate is determined by a comparison to
existing conditions and trends. For example, a rating Will be assigned to all of the Land Development
factors - local and regional plans, zoning, building codes, slope, terrain, and drainage, geology,
hazardous substances or materials, other hazards, soils, airport and runway clear zones, noise, the site
plan, site access, and public right -of -Way.
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Each factor mentioned in each of the subsections will be assigned a rating. An "A" rating will
mean that the factor has a beneficial or no impact, "B" a moderate adverse impact, and "C" has
significant adverse impact.
The fifth section of the document will discuss Alternatives to the Project and Resulting
Impacts of These Alternatives. Four alternatives will be considered including:
1. Other locations,
2. No action,
3. Expansion and development at the current site, and
4. Other uses.
The sixth section will discuss Impacts of the Proposed Project and Areas of Impact
Needing Further Study. This will include negative and positive impacts, as well as impacts
needing further study.
Seventh, a section on Conditions and Safeguards for the Proposed Project will address
the maintenance of clear right -of -ways during construction, compliance with the American
Disabilities Act and Rehabilitation Act, compliance with requirements for construction in the
floodplain, the handling of artifacts or historic resources uncovered at the site, and the
attainment of all permits that will be required.
Section eight will cover Notifications of Impacts, Conditions and Safeguards. Section
nine will be the Level of Clearance Finding for compliance with 24 CFR Part 58.
Attached to the Environmental Review Record will be any necessary intergovernmental
agreements, exhibits detailing construction descriptions, drawings, standards compliance and
schedules, escrow agreements, progress reports, payment schedules, appropriate maps, special
purpose evaluations, (such as a soils evaluation, and groundwater monitoring plans), pertinent
records of communication with government agencies insuring compliance with standards and
requirements, copies of published legal notices, dissemination of notice to federal, state and
regional agencies, and other interested parties, dissemination of notice of findings and public
explanation for action, copies of permits obtained, certification for release of funds from HUD,
and finally, dissemination of combined notice of finding of no significant impact and of intent
to request a release of grant funds.
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Data Collection and Dissemination
Design Studios West will collect and disseminate all needed information to perform a
comprehensive environmental assessment for the HARP. This process will ensure that any
adverse environmental impacts will be anticipated and minimized. It is anticipated that
sufficient existing data and reports have been collected and completed in and adjacent to the
project area for previous City and private projects to establish the baseline environmental
condition. These data and reports will be collected and presented to the appropriate agencies
to facilitate their reviews and approvals of the project. Any additional studies and field
investigations required of the reviewing agencies to supplement the existing reports and
studies will be additional to this scope and fee.
Sub - consultant fees for a Level One Environmental Review for the project area are included in
the not -to- exceed fee established in Appendix B.
One method used to bring about the exchange of needed information will be public
involvement. DSW will initiate discussion early in the process by mailing letters detailing the
project and environmental review process. Appropriate plans and graphics will be attached
and sent to government agencies and other parties as required by NEPA. The letter will ask,
and provide a schedule for, needed input and responses. These letters will be followed up by
phone calls or personal contact for discussion of the letter. The purpose of this contact will be
to facilitate clear understanding of what is being requested. Follow up will also confirm that
the materials sent are sufficient to complete the requested tasks.
In order to gain input and secure findings for the environmental assessment from responsible
government agencies, DSW will organize preliminary meetings among DSW staff, City of
Pueblo staff and representatives from the appropriate agencies. We anticipate that meetings
and presentations of the project will be required for many local, state and federal agencies
including the Corps of Engineers, Water Quality Conservation Board, Wildlife, public health
and safety agencies, FEMA, Soil Conservation Service, State Historical Society and many
others.
A second method to enhance data collection and dissemination will be a public hearing.
Members of the community, government agencies, and special interest groups will be invited
to examine data collected, offer assistance in collecting additional data, if needed, and respond
to plans. If necessary, DSW will organize and conduct more than one public hearing.
Use of Previously Prepared Plans and Reports
The scope of this project includes the use of previously prepared documentation, such as:
the Master Plan graphics and reports generated as part of the initial phases of the
HARP project;
the forty percent design set of preliminary construction documents, reports and
construction cost estimates;
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the hydrology and hydraulic design reports and drawings prepared by our
subconsultants;
the water rights modeling and filing information prepared by the Pueblo Board of
Water Works, their consultants and attorneys;
the intergovernmental agreement among the City of Pueblo, the Pueblo Board of Water
Works, the Pueblo Conservancy District, and the Southeastern Colorado Water
Conservation District;
Census data reports previously prepared by the Pueblo Planning Department; and
Utilities, water, storm drainage, public safety, transportation reports and studies
prepared by, or on behalf of, the City over the last several months as well as letters from
City department heads and Utility company representatives specifically addressing
HARP issues related to these topics.
Subsurface investigations for roadways, foundations, utilities and drainage
improvements in and adjacent to the project area prepared for the City and private
projects, including soil characteristics relating to erodability, stability, foundation and
construction properties and requirements, and groundwater depths.
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Key Individual Roles and Responsibilities
Role Responsibilities
Donald H. Brandes, Jr., ASLA . Project Administration, Scheduling, and
Principal -in- Charge Oversight.
DSW
Coordination of Public Involvement.
Hugh Hahn . Primary contact with the City of Pueblo, and
Project Manager involved government agencies.
DSW
Responsible for obtaining appropriate permits.
Project Manager responsible for the preparation
and distribution of construction plans, maps
and documents.
Responsible for timely legal notifications.
Robin Newsome . Provides Technical Assistance to Project
Senior Planner Manager.
DSW
Responsible for Dissemination Lists.
Responsible for data collection, analyses and
presentation.
Provides Assistance to Project Manager in
preparation for public hearing.
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APPENDIX B
PROFESSIONAL FEE SCHEDULE
The Owner shall compensate Consultant for the Scope of Services in the following manner:
On time and materials basis according to the hourly rate listed below, not to exceed $50,000 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 not to exceed
fee of $50,000.00 includes all professional fees and associated direct expenses, including the
following subconsultants for Level One Environmental Review and Noise Assessment:
Geothechnical /Environmental: Lincoln - DeVore, Inc.
Noise Assessment: Noise Control Engineering Services
The breakdown of fees, expenses and subconsultant costs is as follows:
DSW fees $36,000.00
DSW expenses 4,000.00
Lincoln- DeVore 5,000.00
Noise Control Engineering Services 5,000.00
Total $50,000.00
(Subconsultant costs include fees and 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
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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:
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F. Other terms and conditions:
Approved and Accepted:
CITY OF PUEBLO
DESIGN STUDIOS WEST, INC.
By: By:
DONALD BRANDES, JR.
Tit e: ?,� F S / Df-NT (9 F ?/ �/J��G1 ✓C /k PP.ESIDE
Date: BTU /, V z !K /9 9 y Date:
c � l
Attested By: Attested By:
/� �/ ANDREW . BUSH
Title: C Tzf 1. 1-��, K VICE PRESIDENT V Date: T w / 1 � Q Date: � `
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APPENDIX D
COMPLIANCE PROVISIONS INCORPORATED
IN A CONTRACT FOR SERVICES
1. 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 Consultant's account system and internal controls prior to the release of funds.
2. All employees handling funds are required to be insured by a fidelity bond.
3. The City shall not be obligated to any third parties of the Consultant. The Consultant is
further cautioned against obligating funds beyond the contract date of the agreement between
the City and the Consultant. (Example: rent or lease agreements, service contracts, insurance,
etc.).
4. The Consultant 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.
5. City auditors will periodically make interim audits and may upon completion of the project,
make a final audit.
6. All records must be retained by the Consultant for a period of three years following the last
day of the contract. (Cost summary reports must reflect actual general ledger balances.)
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APPENDIX E
CERTIFICATIONS
Consultant hereby certifies that the Scope of Work 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. 4700; 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.
Signature
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